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

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

Femi Falana

Legal luminary who says it as it is, has urged the President to call the AGF & Minister of justice to order with reference to handlings of the mambilla hydro dispute with Sunrise Power.

Pertinent to establish is 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 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. Aguloye which was advanced during the Obasanjo let regime.

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

This also formed the basis of why 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 that contradict legal documented evidence are right before the ICC in Paris.

Unlike the P & ID case, documented evidence spanning (4) four democratic presidents are before the arbitration panel.

Only recently, Dr. Aguloye, former minister of power & first FRS corps Marshal, was arrested for 8 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.

Most intriguing is evidence of an email and letters written by FGN’s appointed legal representative and AGF denoting a witch hunt in a purely civil case.

The crux of FGN’s position is that the foundation for contract issuance was flawed and preemptive. Evidence, however, before the ICC however show that correspondence was mostly on a build operate and transfer basis at no cost to FGN and no abnormally based on correspondence from four (4) Democratic governments

For the sake of anomaly, not so much can be revealed, these legal luminaries have said but FGN doesn’t have a good case.

Dominant to establish is the desire to settle by Sunrise Power, acceptance of Sunrise as the local content company by the people of Mambilla and most importantly a funding framework that can kick off this project in a time when the nation needs the financial bail out, and electricity.

Still On MAMBILLA

Hear President Xi of China
I sent my special envoy to Nigeria in July 2019 to advise that China Exim Bank will not disburse the $5.87 billion funds secured by Sunrise & Sinohydro Corp. for the Mambilla project except if the original contractors are properly engaged or disengaged. President Buhari wrote back later that the matter had been properly resolved… five years after, the project is still locked up at the arbitration in far-away France.

*Hear the Senior Advocate of Law*
Sunrise had secured funding and expertise to the tune of $5.8 billion with China Exim Bank and technical partners 20 years ago.

*Concerning Arbitration*
The arrest of Agunloye and declaring the promoter of the project a Wanted Person whilst the case is before the ICC in France would be recorded against FGN as tampering with prime witnesses, a violation of human rights and actions against the tenets of commercial civil law.