By Sandra Kenneth
Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has welcomed Nigeria’s victory in the $2.7 billion Mambilla Hydroelectric Power Project arbitration, while firmly rejecting findings of bribery and corrupt arrangements made against him.
Malami’s reaction follows the 616-page final award delivered on September 16, 2026, by the International Chamber of Commerce (ICC) arbitration tribunal in Paris. The tribunal dismissed all claims brought by Sunrise Power and Transmission Company Limited against Nigeria and ordered the firm alongside its promoter, Leno Adesanya, to reimburse the Federal Government for a substantial portion of its legal costs.
However, the tribunal’s award included adverse findings against Malami, alleging a corrupt arrangement between him and Adesanya during negotiations for a settlement agreement.
Responding through a statement issued by his Special Assistant on Media, Mohammed Doka, the former Justice Minister clarified that the ICC proceedings were commercial arbitration rather than a criminal trial, emphasizing that the tribunal’s findings do not constitute a criminal conviction.
“The proceedings were commercial arbitration proceedings between parties to a dispute. They were not a criminal prosecution of Abubakar Malami, SAN, and the award does not constitute a criminal conviction,” the statement read.
Inherited Dispute and Presidential Directives
Providing historical context, Malami noted that the Mambilla dispute originated in 2003, long before he assumed office in 2015. He highlighted that previous administrations and former Attorney-General Michael Aondoakaa had reviewed the dispute and recommended an amicable resolution, leading to a General Project Execution Agreement in November 2012.
Malami stated that his involvement was strictly guided by official procedures, including an April 2016 directive from the late Chief of Staff to former President Muhammadu Buhari, Abba Kyari, mandating the Ministry of Justice to advise on legal exposures and resolve obstacles impeding funding from the China Exim Bank.
According to Malami, negotiations in London in November 2019 saw Sunrise lower its initial $500 million demand to a negotiated $200 million settlement. However, former President Buhari ultimately rejected the proposal, stating on April 20, 2020, that the government lacked funds for the payout, a position reaffirmed in January 2021 with a written “Not approved.”
Malami argued that following the president’s refusal, he instructed legal counsel representing Nigeria to actively resist Sunrise’s attempts to enforce the settlement or declare Nigeria in default.
Denial of Bribery
Addressing the tribunal’s findings of corruption, Malami categorically denied receiving any personal financial benefit or entering into improper agreements with Adesanya or Sunrise Power.
He urged that the findings be subjected to the complete evidentiary record, pointing out that alleged audio and video recordings referenced by Adesanya were never produced before the tribunal.
“Where allegations of this gravity are made, the existence, non-production, authenticity, and contents of any claimed recordings are matters of obvious evidentiary importance,” Malami stated, adding that a detailed response would follow a full study of the award documents.
Major Obstacle Removed
Despite the controversy, the ICC ruling marks a decisive legal victory for Nigeria, terminating Sunrise’s claims of $680 million in one claim, over $2.7 billion in another, and a $400 million demand tied to the default on the proposed settlement.
President Bola Tinubu commended the Federal Ministry of Justice and the defense team, describing the landmark award as a major relief that clears a long-standing legal barrier to the execution of the Mambilla Hydroelectric Power Project.
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