Mambilla: Malami, Fagbemi give opposing accounts of ICC’s ‘$3.38 billion’ ruling

Abubakar Malami, the former Attorney-General of the Federation, and his successor, Lateef Fagbemi, have provided conflicting narratives regarding the International Chamber of Commerce (ICC) ruling favoring Nigeria and rejecting Sunrise Power and Transmission Company Ltd's claims of $3.38 billion linked to the Mambilla Hydroelectric Power Project in Taraba State.

Malami, in a recent statement, firmly rejected any implication that his actions at the time were part of a corrupt arrangement or for personal financial gain. However, Fagbemi took a different stance on September 21, stating that the Tribunal found that Sunrise's promoter, Leno Adesanya, had engaged in a prolonged bribery and corruption campaign, involving significant payments to high-ranking Nigerian government officials associated with the Mambilla Project.

The Mambilla Hydroelectric Power Project has been in development for decades and has been entangled in various contractual, financial, and legal disputes. Malami's team, through his aide Mohammed Bello Doka, emphasized that he inherited a longstanding dispute that had been ongoing during previous administrations, Attorneys-General, and ministries.

Malami claimed that on April 20, 2020, the President informed him that Nigeria did not possess the US$200 million required to pay Sunrise. On April 22, 2020, Malami allegedly informed Sunrise of this position.

Malami contended that Sunrise's attempt to establish a US$400 million liability was contested on behalf of Nigeria. He blamed past government officials for the corruption scheme, alleging that it extended to negotiated Settlement Agreements. The Tribunal specifically found that a corrupt deal had been reached between Adesanya and senior Nigerian officials who signed the Settlement Agreement, which formed the basis of the current arbitration against the Federal Republic of Nigeria.

Sunrise and Adesanya were ordered to bear 75% of Nigeria’s legal fees and expenses, plus 10% annual compounded interest.

Fagbemi, on the other hand, emphasized the gravity of the corrupt scheme orchestrated by Adesanya, which reached the Settlement Agreements. He highlighted that Sunrise and Adesanya were to bear the majority of the costs - including 75% of Nigeria’s legal fees and expenses, compounded annually at 10%. He also stated that Nigeria will not be an easy target for predatory litigation and arbitration.

The Mambilla ruling joins other major legal victories Nigeria has achieved in recent years in high-value disputes. In February 2026, Nigeria won an arbitration dispute against European Dynamics UK Ltd concerning a national electronic government procurement project, dismissing all claims totaling approximately $6.2 million.