EFCC Opens Fresh Mambilla Probe As Atiku, Malami, Others Named In ICC Ruling

The Economic and Financial Crimes Commission has constituted a special investigative team to examine individuals and transactions mentioned in the recent International Chamber of Commerce ruling concerning the controversial Mambilla Hydroelectric Power Project in Taraba State.

The development follows an ICC arbitration ruling in favour of Nigeria, which rejected major claims brought by Sunrise Power and Transmission Company Limited and directed the company and its promoter, Leno Adesanya, to reimburse Nigeria about $11.8 million in legal costs. The tribunal also rejected Sunrise’s demand for hundreds of millions of dollars in connection with an earlier settlement arrangement.

According to Bush Radio Academy, sources familiar with the development said the new EFCC investigative team is being supervised by the commission’s chairman, Ola Olukoyede. An EFCC official reportedly confirmed knowledge of the investigation, although spokesperson Dele Oyewale said he had not yet been fully briefed on the details.

The investigation is expected to examine people whose names appeared in the tribunal’s findings regarding dealings with Adesanya and transactions linked to the Mambilla project. Those mentioned 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.

One of the transactions examined by the tribunal was a $500,000 payment made by Adesanya in January 2003 from an account linked to his offshore company to a United States bank account belonging to Douglas, who was then married to Atiku. 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 backed by sufficient documentary evidence, noting that records relating to the underlying naira payment, exchange rate, instructions and commercial purpose of the transaction were not produced. It also noted that neither Atiku nor Douglas submitted a witness statement supporting the explanation.

The tribunal described the circumstances surrounding the payment as raising “significant red flags” and considered the relationship between Adesanya and Atiku, the businessman’s efforts to secure the Mambilla project and the timing of the payment in assessing the matter. However, the tribunal also stated that there was no evidence before it that Atiku had actually exercised his government duties in a manner that facilitated the award of the contract to Sunrise Power.

Atiku has rejected suggestions that the arbitration amounted to an indictment or criminal finding against him. His spokesperson, Phrank Shaibu, argued that a commercial arbitration could not be treated as a criminal conviction and challenged those making the allegation to identify any part of the tribunal’s award that found Atiku received a bribe, abused his office or participated in a corrupt conspiracy.

Malami was also prominently mentioned in the tribunal’s findings. The tribunal criticised his conduct in relation to the Mambilla dispute and said he had failed to appear before it to give evidence. Separately, Malami is already facing an EFCC case in which the commission alleges that he, his wife and son were involved in the concealment and retention of about ₦8.7 billion in alleged proceeds of unlawful activities. Those allegations remain subject to judicial proceedings.

Agunloye, who was the minister responsible for Power and Steel when the Mambilla contract was purportedly awarded to Sunrise, was also linked to payments examined by the tribunal. He is separately facing trial over allegations including forgery, receiving gratification and disobedience to presidential directives in connection with the project.

The tribunal also questioned a $1.74 million payment made by Adesanya to Abubakar Dasuki, son of former NSA Sambo Dasuki. It said the transaction raised concerns after Adesanya failed to adequately substantiate his claim that the money represented a loan. Abdullahi Yola and Dere Awosika were likewise mentioned in connection with alleged bribery and controversial payments.

Sources familiar with the EFCC investigation said Atiku and Douglas could be invited for questioning in the coming days or weeks. The sources also indicated that Adesanya, whose dealings are at the centre of the controversy, is expected to come under investigation as the commission reviews the issues highlighted by the ICC tribunal.