The International Chamber of Commerce, ICC, arbitration tribunal has found that former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, and Leno Adesanya, promoter of Sunrise Power and Transmission Company Limited, reached a corrupt deal over the Mambilla Hydroelectric Power Project.
The tribunal also found that Malami acted against Nigeria’s interests while handling a settlement agreement with Sunrise and was “motivated by other incentive(s).”
The findings were contained in the tribunal’s 616-page final award delivered in Paris on September 16, 2026, in a case arising from disputes over the Mambilla project in Taraba State.
The tribunal rejected Sunrise’s claims against Nigeria, ruling that the settlement agreement and its addendum were not binding on the Federal Government because they lacked the required presidential approval.
It also held that the agreements were unenforceable because they were products of corruption and violated Nigerian public policy.
The dispute centred on a January 2020 settlement under which Nigeria was to pay Sunrise $200 million. An addendum signed in March 2020 split the payment into two instalments and introduced an additional $200 million default provision, potentially increasing Nigeria’s exposure to $400 million, with interest.
The tribunal said the revised terms significantly worsened Nigeria’s position while providing no corresponding benefit to the country, and concluded that Malami had not negotiated the terms on Nigeria’s behalf.
It also examined evidence concerning Malami’s interactions with Adesanya, including WhatsApp exchanges between the two while Nigeria and Sunrise were opposing parties in arbitration proceedings.
According to the tribunal, Adesanya testified that Malami solicited a bribe during discussions over the settlement and that he had audio and video recordings of the alleged conversation. The recordings were not produced before the tribunal.
The tribunal said Malami repeatedly sought former President Muhammadu Buhari’s approval for the settlement despite his refusal to approve it. It said Buhari rejected the proposed settlement in April 2020 and again in January 2021, writing, “Not approved.”
The tribunal further found that Malami provided Buhari with incorrect information about the financial implications of the settlement, including the potential liability created by the addendum.
It said Malami failed to appear before the tribunal to give evidence during the hearing and consequently accorded limited weight to his witness statement.
The tribunal also found that Malami and former Minister of Power, Saleh Mamman, lacked the authority to bind the Federal Government to the settlement agreements without presidential approval.
As a result, it rejected Sunrise’s claim that Nigeria had breached its contractual obligations and dismissed its request for an order compelling Nigeria to pay $400 million plus interest.
It also ordered Sunrise and Adesanya to reimburse Nigeria $11.82 million in legal fees and $414,125 in arbitration costs.