Sunrise Power’s hopes of securing a $2.35 billion award against Nigeria in the arbitration proceedings at the International Chamber of Commerce (ICC) over the disputed Mambilla hydropower project were badly hit during ongoing hearings in Paris, France, TheCable understands.

While Nigeria was defended by former presidents Olusegun Obasanjo and Muhammadu Buhari as well as former ministers Babatunde Fashola and Suleiman Adamu who testified as factual witnesses, those who had been listed as witnesses by Sunrise did not show up.

The panel sittings started on Saturday, January 18, but the hearings from factual witnesses started on Monday, January 20, and ended on Thursday, January 23.

Obasanjo testified on Wednesday while Buhari took his turn on Thursday.

The sittings continue till next week but only expert opinions are still being taken.

The parties to the arbitration will then submit written submissions to the tribunal, after which they will get a date to adopt the addresses.

The tribunal will thereafter pick a date to announce its determination.

Arbitration hearings are bound by a confidentiality rule and are not meant to be reported in detail in the media.

HEAVYWEIGHT WITNESSES

Getting two former presidents to testify for Nigeria was a masterstroke — in the opinion of those familiar with the proceedings.

TheCable understands that Obasanjo and Buhari testified “strongly”, “frankly” and “unequivocally” that the award of the contract to Sunrise in 2003 was without valid approval and the 2020 settlement agreement also lacked legitimacy.

Fashola, who was minister of power from 2015 to 2019, testified along with Adamu, minister of water resources from 2019 to 2023.

Both former ministers reportedly articulated their testimonies on the loopholes that question the processes that produced the original contract as well as the settlement agreement now in dispute.

Witnesses were also called to give expert opinions on the differences between corruption in the West and Africa.

Sunrise is trying to argue that the payments traced to government officials were not bribes but African cultural obligations.

Nigeria presented an expert from the US while Sunrise fielded one from South Africa.

SUNSET FOR SUNRISE

For Sunrise, promoted by Leno Adesanya, its key witnesses failed to show up to adopt their statements, meaning their submissions are deemed abandoned and of no moment.

Olu Agunloye, the minster of power who awarded the contract to Sunrise in 2003 a day after it was turned down by the federal executive council (FEC), was listed as a witness but he did not show up.

He is currently being tried by the Economic and Financial Crimes Commission (EFCC) for his role in the saga.

Michael Aondoakaa, former attorney-general of the federation (AGF) who was also listed as a witness by Sunrise, showed up briefly in Paris and returned to Nigeria without testifying.

He has since denied claims that he was  under duress from the Nigerian government to withdraw from the arbitration. This could have been argued as witness intimidation before the tribunal by Sunrise.

A third key witness — a Senegalese lady allegedly offered to Abubakar Malami, Buhari’s AGF, to induce him to sign the 2020 settlement agreement — also failed to show up to defend Sunrise.

TheCable understands that Malami, who had earlier submitted a witness statement which Sunrise was hoping to use against him at the tribunal, did not take the stand.

Malami instead lined up behind Buhari to prepare him for the testimony.

This ensured Buhari’s testimony was “successful” and also pulled the rug from under Adesanya’s feet, those familiar with the proceedings told TheCable.

THE MAMBILLA SAGA

Sunrise had, on October 10, 2017, started arbitration against Nigeria at the ICC International Court of Arbitration seeking a $2.354 billion award for “breach of contract” in relation to a 2003 agreement to construct the 3,050MW plant in Mambilla, Taraba state, on a “build, operate and transfer” basis valued at $6 billion.

In the second arbitration, the company is asking for a $400 million settlement being the terms of the Nigerian government failing to honour the settlement agreement both parties entered into in 2020 to end the arbitration.

In an interview with TheCable in 2023, Obasanjo challenged his former minister of power, Olu Agunloye, to tell Nigerians where he derived the authority to award the contract to Sunrise in 2003.

“When I was president, no minister had the power to approve more than N25 million without express presidential consent. It was impossible for Agunloye to commit my government to a $6 billion project without my permission and I did not give him any permission,” Obasanjo told TheCable.

“If a commission of inquiry is set up today to investigate the matter, I am ready to testify. I do not even need to testify because all the records are there. I never approved it.

“When he presented his memo to the federal executive council (on May 21, 2003), I was surprised because he had previously discussed it with me and I had told him to jettison the idea, that I had other ideas on how the power sector would be restructured and funded.

“I told him as much at the council meeting and directed him to step down the memo. I find it surprising that Agunloye is now claiming he acted on behalf of Nigeria. If I knew he issued such a letter to Sunrise, I would have sacked him as minister during my second term. He would not have spent a day longer in office.”

Buhari, on his part, denied authorising the settlement agreement of 2020.

“While I understood that my ministers of justice, power and water resources were approached by Sunrise and were engaging with various stakeholders that were involved in the project to resolve the issues blocking the project’s implementation, at no time did I specifically instruct them to enter into and conclude any settlement agreement with Sunrise Power and Transmission Company Limited,” he wrote to Fagbemi.

“Indeed, when the proposed settlement agreement and addendum were presented to me for my consideration and approval on 20th April 2020, I refused to approve the settlement deal because I was convinced that there was no basis for Sunrise’s claim.

“I hope the above clarifications will assist you in your defence of our country from these ‘invisible contractors who all too often quietly take Nigeria for many millions in out-of-court settlements’, as I stated in my recent statement regarding Nigeria’s victory in the P&ID saga.”

A 32 year old trader and mother of three,Oluwatoyin Ibikunle, has asked an Akure Customary Court to dissolve her 15-year old marriage, following constant physical abuse from her husband, Ayodeji, a 40-year old vulcanizer.

Oluwatoyin, also told the court that her father in-law advised her to quit the marriage and allegedly offered her N50,000 in exchange for an affair.

She informed the court that her husband had turned her into a punching bag. According to her “He’s irresponsible and keeps threatening my life.

“ I can’t take it anymore,” she said, revealing that Ayodeji had also embarrassed and harassed her multiple times.

The petitioner said that her husband once asked her to leave their home under the guise of renovating the apartment.

“I moved out deliberately because I couldn’t endure his beatings anymore.

“ My father-in-law even advised me to quit the marriage because of the suffering I’m facing,” she added. She alleged that her father-in-law once proposed to her, offering ¦ 50,000 in exchange for an affair.

According to her, the husband leaves her to shoulder all responsibilities.

Oluwatoyin told the court that “The love is gone. I want custody of my children to give them a proper upbringing,” she pleaded.

While responding, Ayodeji, denied the allegations.

Ayodeji described the wife as wayward, adding that she prioritised her business and relationships over their family.

According to him “ my wife left our home and rented an apartment. I tried to reconcile with her, but she refused unless I refunded the rent she paid to the new landlord.

“I managed to pay ¦ 15,000 out of the ¦ 20,000 she requested, but she still refused to return. I can’t live without her.

“All she cares about is her business and her relationships with other men.”

The court’s president, Magistrate Abiodun Obademi, urged the couple to reconsider their decision for the sake of their children and for peace to reign in the family Magistrate Obademi thereafter adjourned further hearing to January 28, 2025.

The Economic and Financial Crimes Commission has come under heavy scrutiny following theft of exhibits by some of its operatives.

Saturday PUNCH gathered that some officials of the agency had been dismissed, while others were being investigated for fraud and theft of recovered assets, including cash and gold bars.

No fewer than 27 officers of the commission were reportedly dismissed for misconduct and fraudulent activities in 2024.

The agency spokesman, Dele Oyewale, in a statement on January 6, 2025, also indicated that the EFCC was investigating “a trending $400,000 claim of a yet-to-be-identified supposed staff of the EFCC against a sectional head.”

Two days later, 10 officers from the Lagos zonal command were detained over theft of operational items.

The detained officers are said to be answering questions regarding their inability to account for certain operational items that went missing under their watch.

A security source disclosed that the missing items included gold bars valued at over N1bn and jewellery, while between $350,000 and $400,000 had also gone missing.

While the news of the corrupt officers had yet to fade, another scandal was uncovered at the Kaduna Zonal Office of the commission on Wednesday.

An officer from the zone, identified as Polycarp, allegedly stole over $30,000 and other valuable exhibits.

The EFCC has remained silent on the Kaduna incident, which has added to the array of corrupt practices among the commission’s staff members.

Why operatives are stealing exhibits

A highly credible security source, who spoke to Saturday PUNCH on condition of anonymity, described the theft of exhibits as “highly disappointing.”

The source blamed the trend on prevailing poverty and skyrocketing cost of living, adding that easy access to the exhibits made the theft inevitable.

He noted that mechanisms should have been instituted to prevent such incidents.

According to him, allowing unchecked access to a place where exhibits like dollars and gold bars are stored could be a serious temptation.

The source stated, “Many of them are exposed and understand the value of money and the worth of items kept in their custody. It is unprofessional not to have mechanisms in place to ensure safety and accountability.”

He explained that high-value items should ordinarily be deposited in bank vaults for safekeeping.

However, if they must remain on EFCC premises, they should be stored in a well-secured location with multiple layers of security measures put in place.

“If the items must be kept in the office, at least three credible officials, who will be held accountable, should have access. To access the exhibit room, all three officials must be present simultaneously, each holding a different key to unlock the secured area. One or two of them should not be able to access the place without the others being present,” he added.

On punitive measures for officials caught engaging in such acts, the source said, “First, outright dismissal, followed by prosecution. Such officers should be treated like the original suspects or even face harsher punishments to serve as a deterrent.”

He continued, “If such an officer has travelled out of the country, the agency has their biometrics on record and can utilise Interpol to track them down.”

The source also raised concerns about the potential fallout from such incidents.

“What happens if the suspect who owns the seized items wins the case at the Supreme Court and demands their return? That would become a major scandal and embarrassment.

“Some of these cases can drag on for up to 20 years. If the Federal Government eventually wins, those valuables are meant to be auctioned, and the proceeds paid into government coffers. Allowing such lapses is unacceptable,” he added.

A senior official of the EFCC, who asked not to be identified, said the development was embarrassing.

“It is not just a shame to us, but it is very embarrassing. Our chairman is a transparent man; that is why he is not hiding the misconduct.

“I am aware of some cases. One of them said the offer was too tempting, and he could not resist it. It is giving us a bad name,” he stated.

A security analyst, Mr Yemi Adeyemi, said no EFCC official had the right to tamper with evidence or exhibits.

“There is no excuse. The EFCC is too sensitive to have officials that cannot control themselves. The chairman must clean up his house,” he said.

A renowned analyst and criminologist, Jackson Lekan-Ojo, said no officer caught pilfering or tampering with exhibits should go unpunished.

He said, “There is no excuse for such misconduct. They (officers) should face the law. The EFCC must clean up its house and make sure that every officer sent out for raids does it professionally and without any blemish. Their job is quite a sensitive one.”

Recently, a popular crossdresser, Idris Okunoye, aka Bobrisky, in a leaked audio, purportedly accused some EFCC officers of collecting N15m from him to cancel a money laundering charge against him when he was arrested.

While Bobrisky has since denounced the audio, the viral tape dented the image of the agency.

EFCC audits exhibits

Findings by Saturday PUNCH revealed that the recent criminal activities of the officers had caused disquiet within the EFCC, forcing its management to order an audit of recovered assets across its zonal offices.

A credible source in the agency confided in our correspondent that the EFCC Chairman, Ola Olukoyode, had directed zonal directors to restrict access to the ‘exhibit room’ and implement more surveillance.

The source said, “The chairman is not happy about the incidents and the backlash from the public. Since the Lagos incident where 10 of our officers were detained for alleged theft of exhibits, the chairman has ordered a full-scale audit of the recovered assets, including property, cash, materials, and other items.

“He also ordered restricted access to exhibit rooms and other classified sections at the zonal offices. He directed high surveillance in those places to ensure that they are under supervision 24/7.”

When contacted, the EFCC’s Head of Media, Oyewale, said the audit was an ongoing exercise.

He said recent developments in the commission were brought to the fore by an ongoing internal audit, adding that it was aimed at cleansing the system.

Oyewale said, “The development in the commission is triggered by internal cleansing that is ongoing. The executive chairman is determined to bring integrity and accountable conduct to the whole realm and the activities of the commission.

“And he is leaving no stone unturned. The audit of our facilities and operations is to ensure that the commission is properly placed on the ladder of accountability and transparency.

“Every audit is always informed by the need to bring sanity, remove wastage, block loopholes and tackle every form of disequilibrium in the system. It is a courageous development and a testament to the leadership to ensure that those who come to equity must come with clean hands.”

He denied allegations that the poor welfare of operatives was responsible for recent cases of theft.

“I want to say there’s no justification for fraudulent practices. Poverty and poor conditions are not a justification. When you fight corruption, you should know it will fight back.

“I think we need to commend what the chairman is doing to remove dead woods and bad eggs and to give the nation an anti-graft agency that can stand the test of integrity.

“Most of these advertisements against us are coming from detractors and people who are negatively affected by our internal cleansing. You should expect that! Twenty-seven people (sacked) in 2024, we expect that they will fight back. Whatever anyone is saying, it is corruption fighting back,” he added.

Outrage over night operations

This comes amid widespread condemnation of the EFCC’s night operations, which led to the killing of one of its operatives, Aminu Salisu, an Assistant Superintendent.

Salisu was fatally shot during a midnight operation in Awka, Anambra State, on January 17, 2025.

The incident occurred two months after the EFCC boss, Olukoyode, directed that sting operations at night be stopped in all the commands of the commission.

Instead of empathising with the commission on the killing of its officer in the Anambra operation, members of the public are questioning the operational protocols of the EFCC’s operations.

Commenting on the incident, a legal practitioner, Darlington Agomuo, condemned the operational protocols of the EFCC, urging the operatives to conduct due diligence before embarking on operations.

Agomuo, who appeared on a TV programme on Tuesday, said, “Are you sure that these are trained officers of EFCC? How do you barge into somebody’s private building in the dead of the night, and you cannot even explain yourself? You can’t even identify yourself!

“Are you expecting the man to open his gate for you? Now that the unfortunate has happened, they are now bringing all manner of charges against this man. Everyone is presumed innocent until proven guilty.”

He asked the EFCC to always follow due process in every matter they handle.

Many Nigerians also took to their various social media handles to condemn the anti-graft operatives for always invading individual residences at night in a clandestine manner.

Some of the victims of the night raids accused the anti-graft officers of criminal conduct.

Nigerian rapper and singer, Raoul Njeng-Njeng, popularly known as Skales, took to social media to share details of a traumatic encounter involving a raid at his home by EFCC personnel.

He wrote on his X account, “Well, when they came to my house, they didn’t ask; they didn’t knock; they just broke the door, and I’m not a fraudster. Plus, my whole family was there with me, including my newborn. Imagine being woken up with four AK-47s and three sledgehammers like a goddamn horror movie, and all this because they saw luxurious cars in front of my house.”

Call for reforms

The Centre for Anti-Corruption and Open Leadership called for an urgent internal cleansing of the EFCC to restore public confidence in the fight against corruption.

The Executive Director of CACOL, Debo Adeniran, lamented that the credibility of anti-corruption institutions had been severely undermined due to the involvement of some officials in stealing recovered loot.

“The confidence that Nigerians repose in anti-corruption agencies has waned. Anti-corruption agencies need internal cleansing. It is not that it is just starting; it has always been there,” CACOL stated.

CACOL urged the EFCC chairman to conduct an “organisational diagnosis” to identify and prosecute corrupt officials within the commission.

“The operatives of the agency have been helping themselves to the loot recovered from those who have committed crimes. Looting the loot has been the trend for a very long time, and we have been shouting about it.

“This also happens in other agencies like the police, ICPC, and the rest of them, and the heads of these agencies must go into action and do internal cleansing and ensure that the bad eggs among them are brought to book to restore public confidence in them.”

The group also cautioned the EFCC against its operational tactics, warning against excessive force and actions that violate the rule of law.

“The EFCC must be circumspect in its operations so that its efforts will not be counterproductive. They must use every other legal means to get suspects arrested instead of bombarding their suspects and engaging in acts against the rule of law,” CACOL stated.

Reacting, a board member of YIAGA Africa, Professor Nnamdi Aduba, stated that the EFCC’s problems stemmed from political interference, greed, and a lack of effective internal controls.

He said, “The problem they have is that the institution has been politicised. It has political interference. It is also about greed. Not all of them working there should even be in the service. There’s a need for in-house cleaning, but the truth is they cannot do it themselves. The best solution would be to bring in an outsider to purge the system.

“We have heard many times that properties recovered by the EFCC were sold, which speaks to the culture of impunity within the system. The control mechanisms are weak.”

He also called for a closer review of the agency.

The former board member of the National Drug Law Enforcement Agency further recommended that their remuneration should be improved on.

Similarly, an intelligence and security consultant, Abuh Adam, called for thorough background checks on EFCC personnel.

He said, “It’s possible that these problems have been going on for years, possibly covered up by previous leadership. The rising incidents could also be the result of individuals who have infiltrated the EFCC, potentially acting on behalf of suspects they are supposed to be investigating.

“Background checks shouldn’t be a one-off exercise. There should be a system that keeps staff under surveillance 24/7. This includes monitoring their relationships and associations, even those of their spouses, to detect any potential influence or wrongdoing.”

On his part, the Executive Director of the Rule of Law and Accountability Advocacy Centre, Okechukwu Nwanguma, stressed that the actions of corrupt EFCC officials undermined the agency’s credibility and mandate.

Nwanguma also criticised the EFCC’s use of night raids as a tactic for intimidation, warning that such heavy-handed practices could lead to allegations of human rights violations and further damage the agency’s reputation.

He said, “The involvement of EFCC officials in corrupt activities betrays the trust of the public. It discourages whistleblowers and tarnishes the credibility of the agency.

“These practices contribute to a negative perception of the agency, undermining its efforts in the fight against corruption.”

He advocated stronger oversight and internal reforms, calling for “robust ethical training programmes, regular audits, and enhanced whistleblower protections.”

A Lagos-based musician of Ilorin origin, Mukaila Senwele, famed for his iconic phrase “Koni Da Fun Ebo To Se Costay,” has passed away.

A family source revealed to ROYAL NEWS, that the artist died on Friday night.

Senwele who hailed from Ilorin West Local Government Area of Kwara State, was celebrated for his exceptional performances and unique entertainment style, which endeared him to many socialites.

A family member disclosed that Mukaila had shown no signs of illness before his death, ROYAL NEWS, reports.

“There was no indication of sickness. He spent the day with his fans and even promised to visit the family house (Ile Esinrogunjo) later in the evening,” the source shared.

According to reports the family received an emergency call about his passing from where he had been lodging with fans.

“Upon arrival, my elder brother (name withheld) and others attempted to rush him to the hospital, but we lost Mukaila to the cold hands of death,” the source added.

He will be buried on Saturday morning.