The Guardian (Nigeria)

Femi Falana to AGF, EFCC: Stop looking for loopholes and scape- goats on Mambilla hydro dispute

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HUMAN rights lawyer, Mr Femi Falana, has urged President Ahmed Tinubu to caution the AGF and Minister of Justice with reference to the handling of the Mambilla hydro dispute with Sunrise Power.

Till date, Sunrise Power’s arrangemen­t with the China Exim bank remains the long lasting solution to getting the Mambilla Hydro Project off the ground.

Sunrise power had secured funding and expertise to the tune of $ 5.8b with Exim Bank of China and technical partners 20 years ago.

This was based on the letter of intent and BOT framework advanced by former Minister of power, Dr Olu Agunloye, which was advanced during the Obasanjo- led regime.

But unfortunat­ely, government bureaucrac­y, lack of commitment and breach of basic contractua­l agreement formed the basis for the dispute between Sunrise and FGN at the Internatio­nal Commerce of Chambers, the Internatio­nal Court of Arbitratio­n.

This also formed the basis of why the President of China, XI Jinping, sent a delegation to former President Buhari to settle all disputes, hence formulatin­g FGN’S settlement agreement with Sunrise Power Transmissi­on.

Unfortunat­ely, this settlement process again failed, after FGN’S signing of a settlement agreement.

President Buhari and the AGF wrote Sunrise to shield its sword, pointing out COVID- 19 and limited resources at the time.

With no payment or settlement, FGN and Sunrise have found themselves back in court.

Unfortunat­ely, the internatio­nal law firm contracted by FGN had advised through an email, urging the AGF to instruct EFCC to dig up dirt on Leno Adesanya and the contract process, similar to what was done on the P & ID case. Series of arrest have occurred and statements, which contradict legal documented evidence are right before the ICC in Paris.

Unlike the P & ID case, documented evidence spanning four democratic Presidents are before the arbitratio­n panel.

Only recently, Aguloye was arrested for eight days.

The ICC may have recorded this against FGN as tampering with a prime witness and violation of human rights.

Also forcefully declaring promoter of the project wanted, whilst the case is before the ICC. All of which violate the tenets of commercial civil law.

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