Abuja, Sept. 23, 2024 (TheGavel)
A Federal High Court in Abuja has issued a ruling that prevents the Economic and Financial Crimes Commission (EFCC) from prosecuting Mr. Leno Adesanya, the promoter of Sunrise Power and Transmission Co Ltd, in connection with allegations of fraud linked to the $6 billion Mambilla Hydroelectric Power Project.
Justice Inyang Ekwo delivered the judgment, which also mandates the EFCC to remove Adesanya’s name and photograph from its wanted list, pending the resolution of an ongoing contractual dispute between Sunrise Power and the Federal Ministry of Power and Steel. The court further ordered the anti-graft agency to expunge all negative information regarding Adesanya related to any criminal allegations tied to the project.
However, the court denied a request for N1 billion in compensation against the defendants. Justice Ekwo explained, “On the issue of compensation, I have stated before that this court, at this moment, is concerned with the protection of the sanctity of the arbitral proceeding of the International Chamber of Commerce Court of Arbitration based on the UN Conventions on international dispute resolutions. Nigeria…is not just a signatory but has domesticated [these conventions] by virtue of AMA 2023. This is the order of this court.”
The judgment arose from a suit marked FHC/ABJ/CS/267/2024, filed by plaintiffs’ lawyer M.S. Diri, SAN, against the EFCC, the Ministry of Power, the Federal Government of Nigeria, and the Attorney General of the Federation (AGF) as the 1st to 4th defendants.
The EFCC had previously declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers” in relation to the Mambilla project. In response, Adesanya and Sunrise Power, as the plaintiffs, sought a permanent injunction against the EFCC, aiming to halt any further investigation or public listings of Adesanya as a wanted person regarding the project.
Diri argued that the EFCC’s actions infringed upon the ongoing arbitration proceedings at the International Chamber of Commerce Court of Arbitration in Paris. He emphasized that the Mambilla Hydroelectric Power Project, proposed by Sunrise in partnership with Chinese firms, had been stalled since its initial financial negotiations, which received approval from former President Olusegun Obasanjo in 2005 and 2006, with no funds disbursed by the Federal Government to date.
The lawyer recounted efforts made to amicably resolve the matter, highlighting that the Federal Government had agreed to pay Sunrise $200 million within 14 days of executing the Terms of Agreement, with penalties for non-compliance. He noted that instead of fulfilling this obligation, the government sought a review of the terms, prompting Sunrise to initiate new arbitration proceedings.
In his defense, EFCC lawyer Attah Ocholi claimed there was evidence of criminal activity established during investigations, leading to charges against Adesanya. He stated that a warrant for Adesanya’s arrest was issued on December 14, 2023, to ensure his appearance in court. The EFCC also denied allegations of being used by the Federal Government to intimidate the plaintiffs.
Justice Ekwo emphasized the importance of respecting the sanctity of the arbitral proceedings, asserting that the Ministry of Power must not create an environment where international commercial transactions are considered unsafe. He ruled that the EFCC lacked the legal authority to investigate or prosecute the contractual dispute while it is still under arbitration in Paris.
The court’s decision comes amid the EFCC’s ongoing prosecution of Dr. Olu Agunloye, a former Minister of Power and Steel, who is accused of receiving N3.6 million in connection with the Mambilla project. (NAN)
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