The Economic and Financial Crimes Commission has constituted a team to investigate individuals named in the International Chamber of Commerce arbitration ruling on the disputed Mambilla Hydroelectric Power Project.

The development follows the tribunal’s ruling in favour of Nigeria, which rejected claims brought by Sunrise Power and Transmission Company Limited over the 3,960-megawatt Mambilla project in Taraba State.

Sources familiar with the matter said the investigative team is being supervised by the EFCC Chairman, Olanipekun Olukoyede.

The tribunal had ordered Sunrise and its promoter, Leno Adesanya, to refund Nigeria’s $11.8 million legal costs. It also rejected Sunrise’s claim for $400 million relating to an earlier $200 million settlement and an additional $200 million default sum.

The tribunal further held that Adesanya was bound by the arbitration agreement with Nigeria and that it had jurisdiction over Nigeria’s counterclaim against him and his company.

Atiku, Malami, others named

Several former public officials and individuals who had dealings with Adesanya were mentioned in the tribunal’s findings. They include former Vice President Atiku Abubakar, his former wife Jennifer Douglas, former Attorney-General of the Federation Abubakar Malami, former Minister of Power and Steel Olu Agunloye, former National Security Adviser Sambo Dasuki, his son Abubakar Dasuki, Abdullahi Yola and Dere Awosika.

The tribunal raised questions over a $500,000 payment made by Adesanya on January 30, 2003, from the Swiss account of his offshore company, China Castle Investments Limited, to a United States bank account belonging to Douglas.

Adesanya told the tribunal that the payment was connected to a foreign-exchange transaction carried out for Atiku through his bureau de change business.

However, the tribunal said the explanation was not supported by documentary evidence, noting the absence of records showing the underlying naira payment, exchange rate, instructions from Atiku or his aides, correspondence on the transaction or documents establishing its commercial purpose.

The tribunal also noted that neither Atiku nor Douglas provided a witness statement or declaration supporting the explanation.

It said the relationship between Atiku and Adesanya, Adesanya’s efforts to secure the Mambilla project for Sunrise and the timing of the payment were relevant to its assessment of the circumstances.

Atiku has denied being indicted by the tribunal and maintained that he was not responsible for awarding the Mambilla contract.

Malami, Dasuki payments questioned

The tribunal also criticised Malami over his dealings with Adesanya, describing aspects of the former AGF’s conduct as contrary to Nigeria’s national interest and referring to an “inappropriate relationship” and a corrupt deal.

Malami is separately facing an EFCC trial alongside his wife and son over allegations relating to about N8.7 billion in suspected proceeds of unlawful activities. The allegations have not been finally determined by a court.

Agunloye, who was Minister of Power and Steel when the Mambilla contract was awarded, is also facing an EFCC case involving allegations of forgery, receiving gratification and disobedience to presidential directives.

In the case of former NSA Sambo Dasuki, the tribunal questioned a $1.74 million payment made by Adesanya to his son, Abubakar Dasuki, in December 2014.

The tribunal said Adesanya’s claim that the money was a loan was not adequately supported, citing inconsistencies in his evidence, the absence of a loan agreement and a lack of records showing how the transaction was accounted for by Sunrise.

Yola, a former Solicitor-General of the Federation, and Awosika, a former Permanent Secretary in the Ministry of Power, were also mentioned in connection with alleged controversial payments.

EFCC may invite Atiku, others

Sources said Atiku and Douglas could be invited by the EFCC for questioning as the investigation progresses.

Adesanya is also expected to be investigated over the transactions and circumstances surrounding the Mambilla project.

An EFCC official confirmed awareness of the development, while the commission’s spokesperson, Dele Oyewale, said he had not been fully briefed on the details.

The development comes amid renewed political debate over the Mambilla project and the tribunal’s findings.

The APC Presidential Campaign Council had earlier called on Atiku to withdraw from the 2027 presidential race, alleging that he compromised Nigeria’s interests in the Mambilla matter.

Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, rejected the allegation and challenged the APC to produce the portion of the tribunal’s award in which Atiku was found to have received a bribe, abused his office, influenced the award of the contract or participated in a corrupt conspiracy.

Shaibu argued that a commercial arbitration tribunal could not be treated as a criminal court or its findings presented as a criminal conviction. /First reported by PT