The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has described the final award of an International Chamber of Commerce (ICC) tribunal in the arbitration brought against Nigeria by Sunrise Power and Transmission Company Limited as “a complete and resounding vindication” of the country’s position.

In a press statement issued in Abuja on 21 September 2026, the Attorney-General said the tribunal, sitting in Paris, announced on 17 September what he called a landmark and decisive victory for the Federal Republic of Nigeria in the arbitration instituted by Sunrise and its principal, Mr. Leno Adesanya.

“This award serves as a clear and unequivocal message: the Federal Republic of Nigeria will not be a soft target for predatory litigation and arbitration,” he said.

The arbitration concerned the 3,050-megawatt Mambilla Hydroelectric Power Project, which the Attorney-General described as one of the largest and most strategically important infrastructure projects in the history of the Nigerian State.

In the arbitration, Sunrise demanded 400 million dollars, comprising a settlement sum and a so-called default sum of 200 million dollars each, together with interest at 10 per cent per annum compounded daily.

The Attorney-General said that demand was made in addition to Sunrise’s pending claim for over 2.7 billion dollars in a separate, parallel arbitration.

According to the statement, the progress of the project has for over two decades been held hostage by Sunrise’s relentless litigation and arbitration against the Federal Republic, beginning with the claim of an alleged build, operate and transfer contract in 2003, followed by court proceedings in 2007, and continuing through further arbitrations.

The Attorney-General disclosed that the financing of the project by the China Export-Import Bank was expressly conditioned on the resolution of those disputes.

“As a result, the Project has been unable to achieve financial close, depriving Nigeria and its people of the enormous economic benefits of 3,050 megawatts of clean, renewable hydroelectric power,” the statement said. “The cost of this delay, measured in lost power generation, foregone industrial output, and continued energy poverty, is incalculable.”

The Attorney-General said the tribunal rendered its final award on 17 September comprehensively in favour of the Federal Republic, and that Sunrise’s entire claim was rejected.

He said the tribunal found that the Settlement Agreement and the Addendum to it are not binding on Nigeria, because the former Nigerian ministers who signed them lacked the requisite authority to commit and bind the Federal Government without presidential approval.

In addition, he said, the Settlement Agreement was found to be a product of corruption and a violation of Nigerian public policy, which rendered it unenforceable.

The Attorney-General set out the tribunal’s findings on corruption in strong terms.

According to the statement, the tribunal found that Mr. Adesanya “had engaged in a decades-long campaign of bribery and corruption often involving very large payments to several senior Nigerian government officials connected to the Mambilla Project.”

He said the corrupt scheme, orchestrated by the promoter, extended to the settlement agreements, “with the Tribunal specifically finding that a corrupt deal was in fact reached between Mr. Adesanya and the erstwhile senior Nigerian officials who signed the Settlement Agreement which formed the basis of the present arbitration against the Federal Republic of Nigeria.”

The statement added that, as noted by the tribunal, the promoter’s pattern of corrupt dealings “extended back to the very origins of the Mambilla dispute, forming what the Tribunal described as an established modus operandi of engaging with influential Nigerian government officials through financial incentives.”

Consequently, the Attorney-General said, Sunrise and Mr. Adesanya were ordered to bear the overwhelming majority of the costs, namely 75 per cent of Nigeria’s legal fees and expenses, together with interest at 10 per cent per annum compounded annually.

He said the tribunal expressed the hope that the order would deter Mr. Adesanya and his companies from bringing further frivolous legal proceedings against the Federal Republic.

The Attorney-General acknowledged the leadership of President Bola Ahmed Tinubu, who he said has consistently maintained that under no guise should Nigeria succumb to fraudulently contrived contractual agreements or any adverse claims arising from them.

“I also wish to express my immense appreciation to the President for ensuring the provision of necessary financial and logistic support for the effective defence of this matter,” he said.

He reaffirmed that under his leadership, the Federal Ministry of Justice would remain unwavering in its duty to safeguard the rule of law and defend Nigeria’s legal interests at all times.

“We shall continue to provide sound legal advice and effective representation on behalf of the Federal Republic of Nigeria, ensuring that justice is served and the integrity of our nation upheld,” he said.

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