Former Presidents Olusegun Obasanjo and Muhammadu Buhari have told the International Chamber of Commerce Court of Arbitration in Paris, France that the Federal Government at no time awarded a contract in respect of the $6 billion Mambila Power Project in Taraba State to Sunrise Power.
Obasanjo and Buhari, who both testified for Nigeria in the $2.3 billion arbitration case filed by the company and its founder, Chief Leno Adesanya, against Nigeria over an alleged breach of contract by the Federal Government, disputed the complainants’ claims.
Sunrise says the compensation demanded was meant to defray what it has spent on financial and legal consultants.
Obasanjo and Buhari urged the court to ignore the purported 2003 agreement which Adesanya and his firm based their arguments on, because the document was invalid.
They said Sunrise got the purported letter, signed by a former Minister of Power, Dr Olu Agunloye about 24 hours after the Federal Executive Council rejected award of contract to the firm.
Agunloye is currently standing trial in Abuja for forgery, disobedience of a presidential order and corruption in respect of the power plant project.
His prosecutor, the Economic and Financial Crimes Commission (EFCC), accused him of awarding a contract entitled “Construction of 3,960MW Mambilla Hydroelectric Power Station on Build, Operate and Transfer Basis” to Sunrise Power and Transmission Company Limited without budgetary provision, approval or cash backing.
The ex-minister claimed yesterday that government was merely trying to use him as a scapegoat to “portray systemic corruption to the arbitration panel and undermine Sunrise’s claims.”
The testimonies of the ex-presidents at the Arbitration Court were corroborated by Justice Minister and Attorney-General of the Federation Lateef Fagbemi(SAN), his immediate predecessor, Mallam Abubakar Malami (SAN), a former Minister of Power, Babatunde Raji Fashola (SAN) and a former Minister of Water Resources, Engr. Suleiman Adamu.
The Nation gathered that another former Minister of Justice and Attorney-General of the Federation, Mr. Mike Aondoakaa (SAN) made a brief appearance in Paris but did not testify at the hearing.
It was not clear if Aondoakaa, who served during the administration of the late President Umaru Yar’Adua, was in Paris for the government or Sunrise.
Neither Sunrise nor Leno Adesanya had produced any witness at press time last night.
A source at the proceedings said Obasanjo and Buhari were at their best to “defend the interest of Nigeria.”
“It is very important for nation’s case that the Minister of Justice and Attorney-General of the Federation, Lateef Fagbemi, was successful in bringing two former presidents – Chief Olusegun Obasanjo and Muhammadu Buhari to testify at the hearing,” the source added.
“By this action, the government of Nigeria sent a signal of its strong commitment to defending the nation’s interest.
“Both leaders-Obasanjo and Buhari-are known for speaking forthrightly and unequivocally, and this they were said to have exhibited in Paris.
“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 at using fraud, deceit and lies to scoop settlement from Nigeria in the first instance, for the alleged violation of a 2003 contract for which there is no valid approval.”
“It was by and large a great showing, consolidated by the equally outstanding testimonies of former ministers Engineer Sulaiman Adamu, formerly of Water Resources, and Babatunde Raji Fashola, Power.
“The Arbitration Court in France had a week-long hearing 18th-23rd January in Paris on the ongoing dispute between Sunrise Company/Leno Adesanya and the government of Nigeria on the existence or the absence of a contract for the construction of the Mambilla Power Project.
SOURCE: THE NATION
