Following the intervention of some elder statesmen and influential royal fathers, the Chairman of Sunrise Power and Transmission Company Limited, Mr. Leno Adesanya, has in a show of patriotism, written President Bola Tinubu, seeking an amicable settlement of the dispute between the federal government and his company over the Mambilla Hydropower project in Taraba State, THISDAY has learnt.
The dispute is a subject of arbitration at the International Chamber of Commerce Court of Arbitration in Paris, France, where the promoters of Sunrise are said to be seeking a compensation of $2.3 billion for the Nigerian government’s alleged violation of the $6 billion contract agreement and to defray what it had spent on financial and legal consultants.
Efforts made by THISDAY to get the details of Adesanya’s letter said to have been written in early February were unsuccessful as a source privy to it refused to reveal the details, citing both the arbitration and the letter’s confidentiality.
The source however informed THISDAY that Adesanya told Tinubu that he was willing to explore a negotiated exit of his company from the power project given the president’s commitment to the project, which will positively touch the lives of 50 million residents of the northern part of the country.
Adesanya, according to the source, told Tinubu that he was willing to work with him to settle all the disputes in a win-win manner in the interest of Nigerians and the country’s economy.
While hailing Tinubu’s efforts to ensure an amicable settlement of the legal dispute, the promoter of Sunrise, the source further disclosed, also reminded Tinubu that the President of the ICC Tribunal had on many occasions encouraged the two parties to explore an amicable settlement.
Adesanya had reportedly claimed that former President Olusegun Obasanjo’s administration had on or about May 22, 2003, awarded a $6billion contract for the construction of the 3,050MW Mambilla Hydropower Station on a Build, Operate, and Transfer (BOT) basis to his company.
But Obasanjo accused the Minister of Power and Steel, under his administration, Dr. Olu Agunloye, of fraudulently awarding the contract for the project without the approval of the Federal Executive Council (FEC).
Agunloye rejected the former president’s accounts, alleging that the Nigerian government was using him as a scapegoat to escape sanction for abandoning the contractual agreements on the project.
Agunloye insisted that the contract for the project was duly awarded in 2003 by the Obasanjo’s administration on a BOT basis.
The Economic and Financial Crimes Commission (EFCC) had sought to arrest Adesanya and charge him with bribery and economic sabotage, for allegedly offering bribes to Agunloye for the contract.
But Adesanya denied the allegations and proceeded to arbitration in France, seeking $2.3 billion as compensation.
Sunrise had insisted that the compensation demanded was meant to defray what it had spent on financial and legal consultants.
Testifying for Nigeria in January at the International Chamber of Commerce Court of Arbitration in Paris, France, Obasanjo and former president Muhammadu Buhari told the panel that the federal government, at no time, awarded the contract to Sunrise.
According to the two former leaders, Sunrise got the purported letter, reportedly signed by a former Minister of Power, Agunloye about 24 hours after the FEC rejected the award of the contract to the firm.
While a former Minister of Power, Works, and Housing, Mr. Babatunde Fashola (SAN), also testified for Nigeria, a former Minister of Justice and Attorney-General of the Federation (AGF), Mr. Mike Aondoakaa (SAN) made a brief appearance in Paris but did not testify at the hearing.
Agunloye is currently standing trial by the EFCC, while Adesanya’s absence has stalled his trial by the anti-graft agency.
The promoter of Sunrise has been away from Nigeria for over a decade due to fear for his life and harassment by security agents.
Investigation however, revealed that his daughter is set to wed in Nigeria, necessitating his proposal to Tinubu for an amicable resolution to the dispute to enable him to return to the country for the event.
“It happens that Adesanya’s adorable daughter, an international graduate, would be getting married to Asika, Davido’s wealthy manager, who was previously engaged to Cuppy Otedola.
“Mr. Adesanya is hopeful of the settlement earlier than May so that he can safely return to Nigeria and give out his daughter’s hand in marriage both traditionally and at a white wedding,” a source privy to the negotiations told THISDAY.
The source added that some elder statesmen and respected royal fathers have continued to lend their voice toward an amicable resolution.
One of the key issues that arose at the arbitration court was the refusal of a former Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) to testify though he was present in Paris.
While a source sympathetic to Adesanya stated that Malami withdrew to not to contradict himself, another source working for the Nigerian government said that he withdrew in order not to contradict his former boss, Buhari.
Aondoakaa’s departure from Paris shortly after his arrival, had also raised dust as speculations were rife that he was intimidated by the agents of the Nigerian government not to testify, a claim the former minister has denied.
However, the supporters of Adesanya said Aondoakaa’s refusal to testify boosted Adesanya’s case as it implied that his witnesses were being intimidated by the Nigerian government.
On the allegation that Adesanya transferred money to government officials, the witnesses were said to have reaffirmed that giving gifts in Africa to family members or government officials was a cultural thing and not necessarily deemed corruption.
“For instance, Sunrise Power gifted Dr. Agunloye 15 years after he left office as a kind gesture,” said a source close to the former minister.
However, to avoid both parties spending resources on protracted litigation, Adesanya wrote to Tinubu, seeking an amicable settlement after being persuaded by some elder statesmen.