The Federal Government has vowed to continue defending Nigeria against what it described as fraudulent contractual claims and predatory litigation following its victory in the $400m International Chamber of Commerce (ICC) arbitration brought by Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, said the Federal Ministry of Justice would remain committed to protecting the country’s legal interests and upholding the rule of law.
Fagbemi stated this in a statement on Tuesday following the ICC tribunal’s final award of September 17, 2026, which rejected Sunrise’s entire claim arising from the 3,050-megawatt Mambilla project.
Sunrise and its principal, Leno Adesanya, had demanded $400m, comprising a $200m settlement sum and another $200m described as a default sum, plus interest at 10 per cent annually compounded daily.
The claim was separate from another pending arbitration in which Sunrise is seeking more than $2.7bn from Nigeria.
The Mambilla project dispute has lasted for more than two decades, beginning with Sunrise’s claim of an alleged Build-Operate-Transfer contract in 2003, followed by court proceedings in 2007 and subsequent arbitration proceedings.
Fagbemi said the prolonged dispute had affected the project’s financing, as funding from the China Export-Import Bank was conditioned on the resolution of the legal disputes.
Consequently, the 3,050MW project has been unable to reach financial close, depriving Nigeria of the expected benefits of additional renewable electricity generation, industrial output and reduced energy poverty.
According to the Attorney-General, the latest tribunal ruling found that the Settlement Agreement and its Addendum were not binding on Nigeria because the former Nigerian ministers who signed them lacked the authority to bind the Federal Government without presidential approval.
The tribunal also found that the Settlement Agreement was the product of corruption and violated Nigerian public policy, making it unenforceable.
Fagbemi said the tribunal found that Adesanya had engaged in a prolonged campaign of bribery and corruption involving payments to senior government officials connected to the Mambilla project.
He said the tribunal further found that the alleged corrupt dealings extended to the Settlement Agreements and that a corrupt deal had been reached between Adesanya and the former senior officials who signed them.
The tribunal also linked the alleged conduct to the origins of the Mambilla dispute, describing it as an established pattern of engaging influential government officials through financial incentives, according to Fagbemi.
Sunrise and Adesanya were ordered to bear 75 per cent of Nigeria’s legal fees and expenses, with interest at 10 per cent per annum compounded annually.
Fagbemi said the tribunal expressed the hope that the award would deter Adesanya and his companies from pursuing further frivolous proceedings against Nigeria.
He said the ruling demonstrated that the Federal Government would defend the country’s interests against what he described as predatory litigation and arbitration.
“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,” Fagbemi said.
He commended President Bola Tinubu for maintaining that Nigeria should not succumb to “fraudulently contrived contractual agreements” or claims arising from them.
Fagbemi also thanked the President for providing the financial and logistical support required for Nigeria’s defence of the arbitration.
“I wish to reaffirm that under my leadership, the Federal Ministry of Justice will remain unwavering in its duty to safeguard the rule of law and defend Nigeria’s legal interest at all times,” he said.
He added that the ministry would continue to provide legal advice and representation to the Federal Government while working to protect the country’s interests and uphold its integrity.
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