Nigeria awaits verdict after Buhari, Obasanjo’s testimony in $6 billion Mambilla project lawsuit in Paris

Former Presidents Olusegun Obasanjo and Muhammadu Buhari have given their testimonies in a lawsuit instituted against Nigeria by Sunrise Power regarding Mambilla Hydroelectric Power Project in Taraba State, North East Nigeria.

Sunrise has dragged Nigeria to the Court to the International Chamber of Commerce, ICC in Paris claiming that it was awarded a contract of $6 billion by Nigerian government, the terms of contract were breached.

The contractor claimed the contract was awarded in 2003 by the former President Olusegun Obasanjo administration to build Mambilla Hydroelectric Power Project with a proposal of 3,050 MW facility on a build-operate-transfer basis.
In the lawsuit against Nigerian government, the Company is seeking a sum of $2.3 billion compensation for costs incurred on financial and legal consultancy.

Ex-Presidents Deny Existence of Contract
During the hearing, which spanned January 18–23, both former leaders maintained there was no valid contract between Nigeria and Sunrise.

Former President Olusegun Obasanjo testified on Wednesday, questioning the purported 2003 agreement.

In a 2023 interview, he had criticized his former Minister of Power, Olu Agunloye, for allegedly awarding the contract against Federal Executive Council (FEC) decisions.

On his part, Muhammadu Buhari testified on Thursday, stating that he did not authorize a 2020 settlement agreement for Sunrise.

A source close to the proceedings told Daily Trust that the testimonies from the former presidents bolstered Nigeria’s case.

“The government’s commitment to defending the nation’s interest was evident,” the source said, adding that Obasanjo and Buhari exposed Sunrise’s claims as fraudulent.

The source further explained that to the delight of the international team of lawyers representing Nigeria, the two past presidents did extremely well, exposing the Sunrise/Leno’s claim for what it is: an attempt using fraud, deceit and lies to scoop USD660,000 settlement from Nigeria in the first instance, for the alleged violation of a 2003 contract for which there is no valid approval.

According to the source, “It is evident from the proceedings that the case of the litigants was rooted in a purported 2003 agreement. The 2003 contract was established not to have been validly in existence. This is worsened by the fact that the litigants failed to produce their major witnesses.”

Setbacks for Sunrise Power
The case suffered multiple setbacks for Sunrise Power, including its failure to produce key witnesses, including Agunloye and a Senegalese witness. Its over-reliance on a witness statement by Abubakar Malami, former Attorney General, who ultimately supported Buhari’s testimony.

The source, who closely monitored the proceedings also said, “Another major setback suffered by the litigants was their over-reliance on an earlier witness statement deposed to by Abubakar Malami, Minister of Justice and Attorney General under President Buhari.