Opinion
The Agunloye Trial: Contracts, crimes and criminalisation of Mambilla
***The Mambilla trial is based on criminalisation conspiracy
I am an avid watcher of the Agunloye trial in Nigeria. It is a trial based on criminalisation conspiracy. I know other watchers abound in Nigeria, and many are scattered over Africa, Europe, the Americas and Asia. However, this time, I will not be writing about the Agunloye trial but about something which challenges our sensibilities and senses. It is about the many contracts, crimes, and criminalisation of Mambilla. This writing was primed by the recent steps taken at the National Assembly of Nigeria which seeks to find the way out of the Mambilla stalemate but has inadvertently opened the lid on the multiple contracts and crimes surrounding Mambilla, laying bare the criminalisation tool, initiated by former the administration of former President Buhari. This tool is being employed by the Federal Government of Nigeria with a view to evade liabilities at the International Arbitration Panel in France. The Senate of the 10th National Assembly has courageously elected to face the Mambilla deadlock frontally towards producing electricity for Nigeria and its economy and peoples. This is in great contrast to the Buhari Agenda of denials and criminalisation which has been producing darkness.
Interventions
On Thursday, 4 July 2024, the Nigerian Senate moved towards halting the unending crisis associated with the Mambilla Hydroelectric Power Project. The resolution of the Senate followed the motion by the manly Senator Harun Manu. The Upper Chamber also decided to probe the entire Mambilla project transactions from 1999 to 2024 and in particular, the procurement contract awarded by the then Minister of Power, Alhaji Babatunde Raji Fashola in 2017 without cancelling the Mambilla contract awarded to Sunrise Power Company Ltd. by the Jonathan administration in 2012. It was this 2017 contract that caused the conflicts which led to the pending International Arbitration in France.
Interventions like memoranda from by the then Chief of Staff, Alh Abba Kyari and letters from the then Attorney General of the Federation, Alh Abubakar Malami to the then Minister of Power, Alh. Raji Fashola did not resolve the 2017 conflict. The interventions of the President of China, His Excellency Xi JIngping who sent a special Envoy to President Buhari, and that of the Senate of the 9th National Assembly in 2021 also failed. After all the interventions to resolve the causal conflicts failed one after the other, Nigeria became faced with claims and damages at the Arbitration in France.
Contracts
There have been many awards of contracts and re-awards without cancellations. The 2017 award, now under Senate probe, is not the first Mambilla project to be re-awarded arbitrarily. In 2007, President Obasanjo, who had earlier awarded the Mambilla project as a Build, Operate and Transfer (BOT) through his Minister of Power, Dr. Agunloye, in May 2003, re-awarded this as a procurement contract in May 2007 without cancelling the earlier contract. This led to litigation tussles which were later resolved by the former President Musa Yar’Adua who cancelled the Obasanjo’s May 2007 contract and re-awarded the May 2003 contract back to Sunrise Power. Former President Goodluck Jonathan awarded the Mambilla contract in August 2012 but in November 2017, the Minister of Power, Alh. Raji Fashola re-awarded the Mambilla contract to yet another company without cancelling the 2012 contract.
Crimes
The interventions have revealed the many crimes surrounding the Mambilla project. In 2007, the House of Representatives’ Committee headed by Hon. Ndudi Godwin Elumelu probed power projects from 1999 to 2007. The Committee recommended that the former President Olusegun Obasanjo should be called to account for the $16 billion mishandled in the power sector. The report indicted all the Ministers of Power between 1999 to 2007 except Chief Bola Ige and Dr. Olu Agunloye. The Report in particular, described Sen. Liyel Imoke, Minister of Power (2003 – 2007), as one with disregard for Due Process and liable for over-costing of projects and subverting the Electric Power Sector Reform Act 2005 processes.
On 9 May 2008, the House of Representatives invited former President Obasanjo who did not honour the invitation. Instead, he wrote saying “…these particulars ought to be forwarded and adequate time given… to prepare before appearing before you… since I have no access to government data and information…” In September 2015, Hon Godwin Elumelu referred to yet another probe on the power sector from 1999-2015 on Channels TV. He also said that only $13 billion of the $16 billion excess crude oil funds could be traced to jobs, some of which were not done or completed. In November 2016, worried by ever gloomy power generation, the Senate announced a public hearing on the declining power generation and a probe on the N213 billion spent from the CBN funds.
On 23 May 2018, President Muhammadu Buhari became so disturbed by the abysmal performance in the power sector that he publicly called out the former President Obasanjo “for spending $16 billion on power projects with no results”. On 3 June 2020, the Senate, again, announced it was probing over N1.8 trillion Government’s funding in the power sector. Again, on 25 October 2023, the House of Representatives announced that it was investigating the investments in the power sector since 2013 “amounting to trillions of Naira”.
Criminalisation
As at now, the Mambilla Project is entangled in an arbitration in France because of series of awards and re-awards and multiple breaches and the Panel is to determine whether Nigeria is liable for $2.3 billion damages. To avert liabilities at the arbitration, FGN devised the “criminalisation strategy” to absolve itself of irregularities committed over Mambilla. Under this strategy, FGN pleaded that all the claims by Sunrise are fraudulent and all Government officials that dealt with Sunrise Power on the Mambilla project, including Ministers and Attorneys General, were corrupt and acted without authority. FGN also pleaded that Nigerian Presidents did not grant permissions for Mambilla contracts or negotiations.
Accordingly, the former Presidents started to make denials. Chief Obasanjo said he did not know that his Minister awarded a BOT contract in May 2003 until August 2023, over 20 years after. Then former President Buhari said in December 2023 that he was not aware that his four Ministers (Finance, Power, Agriculture and Justice) were engaged in settlement agreements with Sunrise. The former President Yar’Adua had already made his statement with the cancellation of President Obasanjo’s $1.4 billion Mambilla subcontract before he died in 2010. Former President Jonathan who awarded the 2012 Mambilla contract and former Vice President, Atiku Abubakar who midwifed the 2003 Mambilla contract are still alive but neither has spoken on the Mambilla project in the last few years.
In order to back its statement of defence at the arbitration, FGN proceeded to “criminalise” all the activities of government officials involved with the Mambilla project from 2000 to 2022 except those who served under the APC Government. It was this criminalisation dragnet that caught Dr Agunloye, the minister who awarded the Mambilla contract as a Build, Operate and Transfer (BOT) in May 2003. Under the BOT scheme, FGN was not to pay and has not paid any amount to Sunrise Power till date. Sunrise was to provide funds to construct the Mambilla hydroelectric dam and to operate and maintain it for 30 – 35 years to recoup its investments. Armed with the criminalisation strategy, EFCC suddenly declared Agunloye wanted, cast him into custody and arraigned him before a court in a remote area. EFCC then charged Agunloye for (a) awarding a “$6 billion contract without cash backing”, (b) disobeying a verbal order of the President Obasanjo, (c) forging his own letter signed by him as a sitting Minister and (d) receiving “retroactive” bribe of N3.6 million in August 2019 for the “$6 billion contract” awarded in 2003, over 16 years. With this, EFCC is angling for a swift conviction for the Arbitration.
The criminalisation strategy was devised by prominent lawyers who served in the Buhari Cabinet. It is being dogmatically executed by the EFCC which believes that once the 2003 BOT contract could be criminalised, it would present a case of “illegality” in the foundation of the Mambilla project and FGN would be free of the burdens of mismanagements. This has ignored the real foundation for the project which is the July 2001 Agreement signed in China between Sunrise’s Partners and FGN. It was midwifed by Alhaji Atiku Abubakar, then Vice President of Nigeria. The odious strategy did not consider that Chief Olusegun Obasanjo continued to deal with the Sunrise Partners after the 2003 BOT contract until 2007 when the former President split the project up and awarded the components as procurement contracts. In spite of the strategy, Arbitration Panel will have to contend with the fact that President Yar’Adua investigated the 2003 and 2007 Mambilla contracts; Yar’Adua cancelled the 2007 contract because of proven irregularities and upheld the 2003 contract as duly awarded. Also, the Panel will contend with several agreements that were signed before and after the 2003 contract.
National Asset
The new Senate intervention is much welcomed. It could bring a lasting solution because its focus is the actualisation of the Mambilla project as a national asset that could generate 3,050 megawatts of electricity, revitalize Ajaokuta Steel Complex, and provide benefits for local content development, creation of over 55,000 jobs, construction of resettlement homes for over 100,000 people, provision of about 3 million tons of steel, production of over 70 million tons of quarry stones, and great opportunities for cement production companies, and local vehicle production companies.
On the social justice side, this Senate intervention would bring into open the roles played by the former Presidents of Nigeria, their Ministers and their Attorneys General and those who breached the law among them should be brought to justice.
e-Signed
Dr. Anthony Ibrahim,
Truth and Justice Group.
Camberwell Green, London. UK
Opinion
Tax Reforms Bill: Addressing Legacy Laws, Streamlining Administration, and Balancing Derivation Concerns
By Yisa Usman FCA, FCTI
The proposed tax reforms mark a transformative moment in Nigeria’s fiscal evolution, focusing on modernization and addressing challenges rooted in outdated pre-colonial tax laws and redundant systems that burden businesses and individuals. These reforms aim to streamline tax administration and improve Value Added Tax (VAT) processes, providing a pathway toward equitable revenue distribution and fiscal decentralization. However, while the potential benefits are substantial, addressing significant challenges and equity concerns is critical to ensuring the reforms achieve their objectives.
A comparative analysis of Nigeria’s tax system against those of countries like Kenya, the United States, and other nations with comparable political structures reveals stark disparities that emphasize the critical need for reform. These nations have leveraged robust tax frameworks to achieve significant economic growth, foster local economic activities, and ensure a more equitable distribution of national resources, outcomes that starkly contrast with Nigeria’s performance. In Nigeria, outdated legislation, inadequate tax assessment and recovery system, and systemic corruption have created inefficiencies and exacerbated inequalities. The lack of effective mechanisms to optimize tax revenue further hampers the nation’s fiscal sustainability and economic competitiveness, making comprehensive reform an urgent necessity.
Nigeria’s reliance on antiquated tax laws has long hindered administrative efficiency and equitable resource allocation. These reforms seek to modernize the tax framework, aligning it with global best practices to foster economic development and decentralization. Key objectives include streamlining administration to eliminate duplicative tax practices, centralizing data to enhance accuracy in tax derivation and remittance, and empowering states to take greater responsibility for revenue generation and allocation, in line with the principles of fiscal federalism.
The proposed increase in derivation weight from 20% to 60% introduces a dual-edged dynamic. On the one hand, it incentivizes states to boost local economic activities and align revenue allocation with consumption patterns. On the other hand, it raises concerns about exacerbating existing inequalities, with states like Lagos, Ogun, Rivers and Kano poised to benefit disproportionately due to their robust economic bases, while resource-poor states may face disadvantages.
The reforms are supported by compelling arguments, including their potential to decentralize economic development by motivating states to leverage local resources and attract investments. The allocation of a larger revenue share to states promises improved infrastructure and public services, particularly in states that prioritize economic growth. Additionally, by leveraging technology to track consumption patterns, the reforms should enhance transparency and fiscal responsibility.
Nonetheless, the reforms face significant challenges. A heavy reliance on derivation risks marginalizing less affluent states, deepening socio-economic disparities. The reforms’ implementation will require extensive data collection and systemic upgrades, posing logistical and financial challenges. Furthermore, the reduction in population-based allocations from 30% to 20% could generate social and political tensions in densely populated states struggling to meet citizens’ needs.
To balance these opportunities and risks, several recommendations are essential. First, the derivation weight increase should be phased in, starting with a modest adjustment from 20% to say 30%-40%, allowing states and corporations to adapt gradually. Second, a centralized, dynamically updated tax database is critical for accurate derivation tracking and dispute reduction. Third, a revenue equalization mechanism, such as a stabilization fund, can support economically weaker states during the transition. Fourth, capacity-building initiatives should equip state tax authorities with the necessary skills and resources to manage the new system effectively. Fifth, standardized procedures for VAT collection, derivation tracking, and dispute resolution should be established to ensure consistency across states. Finally, fostering public engagement with stakeholders, including state governments, businesses, and civil society, will promote transparency, address concerns, and build collective ownership of the reforms.
These reforms not only resolve immediate administrative inefficiencies but also lay the foundation for a more equitable and sustainable fiscal system. By addressing pre-independence legacy laws and fostering economic accountability, Nigeria has an opportunity to position itself for inclusive growth, ensuring all states contribute to and benefit from national development. However, achieving these outcomes requires a careful balance between incentivizing derivation-based revenue sharing and providing mechanisms to support resource-poor states. With a focus on equity and efficiency, the reforms can establish a tax system that empowers businesses, strengthens states, and improves the living standards of citizens across the federation.
Yisa Usman is a Fellow of the Institute of Chartered Accountants of Nigeria (ICAN), a Fellow of the Chartered Institute of Taxation of Nigeria (CITN), and a doctoral candidate at the Nigerian Defence Academy, Kaduna
Opinion
EFCC vs Bello: Trivialising corruption allegations
By Ehichioya Ezomon
In my November 18, 2024, article entitled, “That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit it? Who sponsored it?” I held that snapets from the Economic and Financial Crimes Commission (EFCC) moves to investigate, arrest, detain and prosecute ex-governors “are telegraphed a few months or weeks before they bow out of office,” so giving them the jitters to “either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.”
I however observed that lately, the anti-graft agency’s threat against former governors “has become mostly academic, and the norm rather than the exception,” adding that, “it appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting.”
Former Governor Yahaya Bello of Kogi State has mostly proved these assertions right, even as he finally presented himself to the EFCC for “arrest and detention,” and arraignment and prosecution for alleged looting of Kogi’s resources during his eight-year tenure in office (2016-2024).
For months, Bello’s engaged in a hide-and-seek, only to suddenly show up at the EFCC headquarters in Abuja on September 18, and yet wasn’t booked, interrogated, or detained – as he’s on the wanted list of the agency and the courts – but with the commission reportedly asking him to leave and come back at a later date. Why?
EFCC’s intel reportedly indicated that Bello’s prepared for a showdown, having allegedly stormed the premises with armed details. Thus, the authorities tactically allowed him to while away for hours in one of the offices. Indeed, EFCC’s later efforts that night to arrest Bello at the Kogi State Government Lodge in Asokoro, Abuja, were allegedly thwarted by his armed guards.
Bello, facing a couple of EFCC’s alleged fraudulent cases in courts in Abuja, continued in his disappearing act, while the commission failed in its attempts to force his trial – in absentia – before Justice Emeka Nwite on October 30 at the Federal High Court in Abuja, where Bello’s facing a 19-count charge for alleged laundering of N84bn.
But on November 26, Bello – billed for arraignment since April 2024 – reappeared at the EFCC headquarters in Abuja, and this time, the agency “detained” him overnight in the facility he’d avoided for months, as he shunned invitations and court summons to answer for his alleged looting of resources during his governorship of ‘The Confluence State’.
And on November 27, the EFCC arraigned Bello and two others – Shuaibu Oricha and Abdulsalam Hudu – before Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, on a 16-count charge for conspiracy, criminal breach of trust and possession of unlawfully-obtained property, amounting to N110.4bn.
After some legal fireworks over bail for the three defendants between the lead counsel for the accused, Joseph Daudu (SAN) and the EFCC, Kemi Pinheiro (SAN), Justice Anenih adjourned ruling on the application to December 10, and directed that the defendants should remain in the EFCC custody.
This notwithstanding the EFCC administrative bail granted to Oricha and Hudu, which Pinheiro argued had expired in October, but with Daudu pointing to a fresh application of November 22, based on the fact that the defendants deserve their liberty on the presumption of innocence until they’re proven guilty, as alleged.
Meanwhile, Bello certainly was in a celebratory mood when – for the first time in over seven months of a cat-and-mouse game with the EFCC – he’s docked for the alleged N110.4bn theft of Kogi’s resources. Dressed in a pair of contact lenses, and a light sky-blue attire, Bello, amidst a throng of aides and political associates, walked energetically through the expansive premises and into the courtroom of the FCT High Court.
As he covered the distance from the parking lot to the courtroom, Bello’s all smiles – as he turned right and waved with the right hand, and then turned left and waved with the left hand – to acknowledge greetings and cheers from his supporters, many of whom sandwiched him into the court, where he continued to return courtesies even while in the dock to plead not guilty to the charges preferred against him.
Perhaps to Bello, his arraignment was a moment to savour, and bask in the frenzy of journalists and EFCC’s operatives scrambling to capture and record his every posture and every gesture as evidence, and for prime-time broadcast and publication in the mainstream and online media.
A similar scenario played out on November 29, at the Federal High Court in Abuja, where Bello couldn’t take his plea, and had to “stand for himself” in the absence of his lead lawyer in the suit, Abdulwahab Mohammed (SAN).
With well-armed security operatives falling over themselves to dominate the court premises, Bello, with a more somber mien this time, and accompanied by aides, supporters and operatives of the EFCC, still walked briskly into the courtroom, with the door quickly closed behind him.
Once inside, as reported by PUNCH ONLINE, Bello told trial Justice Emeka Nwite that he won’t take any plea, as he’s only made aware of his arraignment in the night of November 28, and couldn’t get across to his lawyer, Mohammed (SAN). This prompted the judge – in the interest of fair hearing – to order that Mohammed be put on notice for the adjourned date of December 13, and for Bello and his co-defendants to be reminded in the EFCC custody.
The EFCC lawyer, Pinheiro (SAN), attempted to convince Justice Nwite to commence the trial without Bello’s counsel, arguing that, “What the law requires is the presence of the defendant, not the presence of his lawyers.”
This was reportedly a rehash of a similar argument at the sitting on October 30, when Pinheiro requested that the court proceed with the trial. Noting that two witnesses were present and ready to testify,” Pinheiro suggested that the “court enter a plea of not guilty on Bello’s behalf and commence the trial.”
But as in that prior instance, the judge turned down Pinheiro’s entreaty on November 29, citing Bello’s right to a fair hearing, and reminding the EFCC lawyer that, at the October court session, the matter was adjourned to January 21, 2025.
“The matter came up on the 30th of October 2024. It was adjourned to 21st January 2025. From the statement of the defendant, his lawyers are not aware of today’s (November 29) date. In the interest of fair hearing, I will not proceed for arraignment,” Justice Nwite said.
“This matter is peculiar in the sense that we have already agreed on a date, which is in January. It will be unfair if the matter is taken without the defendant’s counsel. It would be a different thing if the defendant had no counsel.
“Since the defendant has said his counsel is not aware of today’s proceeding, I am of the view that a bench warrant cannot be sacrificed on the altar of fair hearing. The defendant deserves to be represented by counsel,” the judge added.
After the court waited for 45 minutes, “but with no sign of the defence counsel,” Justice Nwite adjourned the matter, directed that Bello remain in the EFCC custody until the next hearing on December 13, and granted Pinheiro’s application for “new date hearing motions and possible arraignment to be served on the defendant’s counsel.”
As the clock ticks towards December 10 at the FCT High Court, and December 13 at the Federal High Court both in Abuja, will Bello and his co-defendants get a bail reprieve, or be further remanded in the EFCC custody, or sent behind bars at one of Nigeria’s capital city’s jail houses, to spend the Yuletide season there? Such would be a canny experience the ex-governor had fought strenuously for months to avoid!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. Can be reached on X, Threads, Facebook, Instagram and WhatsApp @EhichioyaEzomon. Tel: 08033078357
Opinion
Nigeria’s Economic Paradox: A Growing GDP Amidst Widespread Suffering
By Chief Ameh Peter
The National Bureau of Statistics (NBS) recently reported that Nigeria’s GDP grew by 3.46% in the third quarter of 2024. At first glance, this appears to be a promising sign of economic progress. However, the harsh realities on the ground paint a vastly different picture. Widespread hunger, inflation, unemployment, and deteriorating infrastructure reveal a nation grappling with severe economic distress.
The contrast between these glowing statistics and the lived experiences of Nigerians is stark. National grid collapses have become routine, and the condition of roads continues to worsen, with potholes increasing by 100%. Meanwhile, the naira’s value plummets, eroding the purchasing power of ordinary citizens. These realities starkly contradict the optimistic narrative suggested by the NBS figures.
As Benjamin Disraeli aptly put it, “There are three kinds of lies: lies, damned lies, and statistics.” This sentiment rings true in Nigeria’s case, where the government’s reliance on statistical data obscures the suffering of its people. The reported GDP growth is, in reality, a statistical mirage that conceals systemic failures.
At the heart of Nigeria’s economic challenges lies a deeply flawed political system. This system enables incompetent and dishonest individuals to manipulate the electoral process, ascend to power, and perpetuate a culture of corruption, cronyism, and mismanagement. These issues have stifled genuine economic progress and development.
To address these challenges, Nigeria must embark on comprehensive economic reforms focused on transparency, accountability, and good governance. Cost-cutting measures and investments in critical infrastructure—such as roads, electricity, and healthcare—are essential to creating an environment conducive to sustainable economic growth. No country can prosper without reliable power and infrastructure.
Nigeria’s economic paradox serves as a sobering reminder of the urgent need for reform. It is imperative to end the election of incompetent leaders and prioritize national interest over personal gain. The government must move beyond statistical manipulation and focus on fostering an economy that benefits all Nigerians. Only through such genuine efforts can the promise of economic growth become a reality for everyone.
Chief Ameh Peter is the
National Secretary, CUPP
Former National Chairman, IPAC and
Ex-Presidential Candidate
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