Former Attorney General of the Federation and Minister of Justice, Abubakar Malami
A former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has rejected allegations of a corrupt arrangement with Sunrise Power promoter, Leno Adesanya, in connection with the long-running dispute over the Mambilla Hydroelectric Power Project.
Malami, however, welcomed Nigeria’s victory in the arbitration, which resulted in the rejection of claims brought by Sunrise Power and Transmission Company Limited against the Federal Government.
His position was contained in a statement issued on Tuesday by his Special Assistant on Media, Mohammed Doka, following the release of the International Chamber of Commerce (ICC) arbitration tribunal’s final award.
The 616-page award, delivered in Paris on September 16, 2026, rejected Sunrise’s claims relating to the Mambilla project and ordered the company and Adesanya to reimburse Nigeria for a substantial portion of its legal costs.
However, reports on the award said the tribunal made adverse findings regarding Malami’s handling of a settlement agreement with Sunrise, including a finding of an alleged corrupt arrangement involving the former AGF and Adesanya.
Reacting to the findings, Malami stressed that the proceedings were commercial arbitration and not a criminal trial, arguing that the award should not be portrayed as a criminal conviction against him.
“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,” the statement said.
Malami nevertheless acknowledged the seriousness of the findings and said they should be considered in the context of the complete documentary and evidentiary record.
“Those matters should not be ignored, trivialised or answered by speculation,” the statement added.
Malami Gives Background to Mambilla Dispute
The former AGF 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 dealt with 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.
“The relevance of this history is straightforward: Malami did not create the Sunrise dispute, introduce Sunrise to the Mambilla project, or originate the Federal Government’s attempts to settle the controversy.
“He inherited a longstanding dispute that had traversed previous administrations, Attorneys-General, ministries and contractual arrangements,” the statement said.
Malami said his involvement in the matter followed government and presidential processes, including a directive communicated by the then Chief of Staff to President Muhammadu Buhari in April 2016 regarding the resolution of disputes surrounding the Mambilla project.
He said the Ministry of Justice’s role was primarily to advise the Federal Government on its legal exposure and possible options for resolving the dispute.
Disputed $200m Settlement
Malami said the unresolved Sunrise dispute had, by 2019, become an impediment to financing discussions for the Mambilla project, including engagements involving China Exim Bank.
He said Sunrise initially demanded $500 million as a full and final settlement during negotiations in London in November 2019, while representatives of the Federal Government countered with $100 million before a $200 million figure subsequently emerged.
“The governmental calculation was whether an asserted multibillion-dollar exposure, continuing litigation, financing difficulties and delays to the Mambilla project could be brought to an end through a substantially smaller negotiated settlement,” he said.
Malami stressed, however, that former President Buhari did not approve the proposed $200 million settlement.
According to him, Buhari indicated on April 20, 2020, that the Federal Government did not have $200 million to pay Sunrise. He said that position was communicated to the company on April 22, 2020.
He added that a subsequent request for presidential approval in January 2021 was also rejected, with Buhari writing, “Not approved.”
Malami further argued that his actions after the rejection of the settlement demonstrated that he did not act to secure payment to Sunrise.
He said he instructed lawyers representing the Federal Government to oppose Sunrise’s attempt to enforce the settlement and to preserve Nigeria’s legal position.
“Malami did not simply direct that Sunrise be paid regardless of the President’s position,” the statement said.
Malami Denies Corrupt Arrangement
On the tribunal’s reported finding of a corrupt arrangement between him and Adesanya, Malami categorically denied the allegation.
“Malami rejects any suggestion that his official actions were undertaken pursuant to a corrupt agreement or in exchange for personal financial benefit,” the statement said.
He argued that the allegation should be tested against the complete evidentiary record, including whether he received money or any other financial benefit from Sunrise, Adesanya or any related entity.
The statement also referred to reports that Adesanya claimed to possess audio or video recordings relevant to his allegations but that the recordings were not produced before the tribunal.
“Where allegations of this gravity are made, the existence, non-production, authenticity and contents of any claimed recordings are matters of obvious evidentiary importance,” Malami said.
However, reports of the tribunal’s findings said it concluded that there was evidence of a corrupt arrangement involving Malami and Adesanya. Media reports also indicated that the tribunal considered communications between the two in reaching its conclusions.
Nigeria Wins Mambilla Arbitration
Despite the controversy surrounding Malami’s role, Nigeria secured a favourable outcome in the arbitration.
The Federal Government said Sunrise had sought $680 million plus interest in one arbitration and more than $2.7 billion in another dispute connected to the Mambilla project.
The tribunal rejected Sunrise’s claims and dismissed its demand for $400 million 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, in welcoming the award, described it as removing a major legal obstacle to the long-delayed Mambilla project. He commended the Federal Ministry of Justice, the defence team and other witnesses who participated in the proceedings.
Malami said he welcomed the outcome and was pleased that Nigeria’s financial interests had been protected.
“Nigeria’s victory should be welcomed, and findings concerning the conduct of former public officials should be carefully examined and answered on the evidence,” he said.
He added that a more detailed response to the tribunal’s individual findings would be issued after his office had reviewed the complete award and accompanying records.
