EX-AGF MALAMI DENIES BRIBERY ALLEGATIONS IN $2.7BN MAMBILLA ARBITRATION
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By:Aminat Tajudeen
Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has welcomed Nigeria’s victory in the arbitration over the Mambilla Hydroelectric Power Project, while denying allegations that he engaged in a corrupt arrangement with Sunrise Power promoter, Leno Adesanya.
Malami’s position was contained in a statement issued on Tuesday by his Special Assistant on Media, Mohammed Doka, following the International Chamber of Commerce arbitration tribunal’s dismissal of claims filed by Sunrise Power and Transmission Company Limited against Nigeria.
In its 616-page final award delivered in Paris on September 16, 2026, the ICC tribunal rejected Sunrise Power’s claims relating to the Mambilla project and ordered the company and Adesanya to reimburse Nigeria for a significant portion of its legal expenses.
However, reports on the tribunal’s decision stated that it made adverse findings regarding Malami’s handling of a settlement agreement with Sunrise, including an alleged corrupt arrangement between him and Adesanya.
Reacting, Malami stressed that the proceedings were commercial arbitration and not a criminal trial, arguing that the tribunal’s award should not be interpreted as a criminal conviction.
He said, “The proceedings were commercial arbitration proceedings between parties to a dispute. They were not a criminal prosecution of Abubakar Malami, SAN, and the award does not constitute a criminal conviction of him.”
Malami nevertheless acknowledged the seriousness of the reported findings, saying they should be assessed against the full documentary and evidentiary record.
He also provided historical context to the dispute, noting that the controversy involving Sunrise and the Mambilla project predated his tenure as Attorney-General.
According to him, Sunrise became involved in the proposed project in 2003, while successive administrations and Attorneys-General handled contractual disagreements involving the company.
He said former Attorney-General Michael Aondoakaa had reviewed the dispute before his tenure and recommended an amicable resolution. The Federal Government subsequently entered into a General Project Execution Agreement involving Sunrise and Sinohydro in November 2012.
Malami maintained that he neither initiated the dispute nor introduced Sunrise to the Mambilla project, but inherited a longstanding disagreement that had passed through several administrations, ministries and contractual arrangements.
He said his involvement came through established governmental and presidential processes, including a directive communicated by the then Chief of Staff to President Muhammadu Buhari in April 2016 on resolving disputes surrounding the project.
Malami explained that the Ministry of Justice’s role was primarily to advise the Federal Government on its legal exposure and possible options for resolving the dispute.
He added that by 2019, the unresolved Sunrise dispute had become an obstacle to financing discussions for the Mambilla project, including engagements involving China Exim Bank.
According to him, Sunrise initially demanded $500m as a full and final settlement during negotiations in London in November 2019, while Federal Government representatives proposed $100m before a $200m figure was eventually considered.
Malami said the government’s consideration was whether a potential multibillion-dollar liability, ongoing litigation, financing challenges and delays to the Mambilla project could be resolved through a significantly lower negotiated settlement.
He, however, stressed that former President Buhari did not approve the proposed $200m settlement.
Malami said Buhari indicated on April 20, 2020, that the Federal Government lacked the $200m required to pay Sunrise, a position communicated to the company two days later.
He added that another request for presidential approval in January 2021 was also rejected, with Buhari reportedly writing, “Not approved.”
The former AGF further argued that his subsequent actions should be considered, noting that he directed Federal Government lawyers to oppose Sunrise’s efforts to enforce the settlement after the President declined to approve the payment.
On the tribunal’s reported finding of a corrupt arrangement between him and Adesanya, Malami categorically denied the allegation.
He said there was no basis to suggest that his official actions were undertaken in exchange for personal financial benefit.
The statement said the allegation should be assessed against the complete evidentiary record, including whether Malami received money or any other financial benefit from Sunrise, Adesanya or any related entity.
Malami also referred to reports that Adesanya claimed to have audio or video recordings relevant to his allegations but did not present them before the tribunal, arguing that the existence, authenticity and contents of any such recordings were matters of evidentiary significance.
The tribunal’s reported findings, however, stated that it found evidence of a corrupt arrangement involving Malami and Adesanya, with media reports indicating that communications between the two were among the evidence considered.
Despite the controversy surrounding Malami’s role, Nigeria secured a favourable outcome in the arbitration.
The Federal Government had said Sunrise sought $680m plus interest in one arbitration and more than $2.7bn in another dispute linked to the Mambilla project.
The tribunal rejected Sunrise’s claims and dismissed its demand for $400m arising from the settlement agreement and an alleged default payment. It also ordered Sunrise and Adesanya to reimburse Nigeria for legal costs.
President Bola Tinubu welcomed the award, describing it as the removal of a major legal obstacle to the long-delayed Mambilla project, while commending the Federal Ministry of Justice, Nigeria’s defence team and other witnesses involved in the proceedings.
Malami said he was pleased that Nigeria’s financial interests had been protected.
He added that Nigeria’s arbitration victory should be welcomed, while findings concerning the conduct of former public officials should be examined and addressed based on the evidence.
Malami said he would issue a more detailed response to the tribunal’s individual findings after reviewing the complete award and accompanying records.
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