The Human Rights Writers Association of Nigeria (HURIWA) has hailed Nigeria’s victory in the long-running Mambilla hydropower arbitration, calling for further investigation into the findings against former Attorney-General of the Federation, Abubakar Malami, SAN.
HURIWA also commended the current Attorney-General, Lateef Fagbemi, SAN, and the Economic and Financial Crimes Commission (EFCC) for their roles in protecting Nigeria’s financial interests in the dispute.
National coordinator of the group Comrade Emmanuel Onwubiko in a statement said the 616-page final award delivered by the International Chamber of Commerce (ICC) tribunal in Paris on September 16 rejected Sunrise Power’s claims.
The statement observed that the tribunal also raised serious questions about the handling of the dispute during Malami’s tenure as Attorney-General.
According to HURIWA, the tribunal found that settlement agreements involving Sunrise were linked to corruption and could not be enforced because they violated Nigerian public policy.
The tribunal also reportedly found that Malami and former Minister of Power, Saleh Mamman, lacked the authority to bind the Federal Government without presidential approval.
HURIWA said the findings should not end with the arbitration award.
It called on the Legal Practitioners Disciplinary Committee and other relevant professional bodies to examine the tribunal’s findings and determine whether they disclose professional misconduct.
The group also urged the Legal Practitioners’ Privileges Committee to take appropriate action if any misconduct affecting Malami’s status as a Senior Advocate of Nigeria is established through due process.
HURIWA said no lawyer, regardless of professional status, should be above accountability where credible findings raise questions about professional conduct.
The group also called on the EFCC to continue its investigation into matters connected with the Mambilla dispute.
It urged the commission to conduct the investigation according to the law and available evidence, without political interference or selective enforcement.
The ICC tribunal reportedly rejected claims involving hundreds of millions of dollars and ordered Sunrise Power and its promoter, Leno Adesanya, to reimburse Nigeria more than $12 million in legal fees and arbitration costs.
HURIWA said the development should push the Federal Government to strengthen safeguards around major contracts, settlements and international arbitration cases.
It also called for a review of previous high-value settlements involving the Federal Government where questions have been raised over authorisation, transparency and protection of public funds.
HURIWA said the Mambilla case should serve as a warning that decisions involving Nigeria’s finances must be taken with greater accountability.
The organisation urged the government to ensure that anyone found to have acted against the country’s interests faces appropriate legal or professional sanctions.
Emmanuel Nnadozie Onwubiko
