The Federal Government of Nigeria has secured a major legal victory after an International Arbitration Tribunal under the International Chamber of Commerce (ICC) in Paris issued a final award rejecting claims brought by Sunrise Power and Transmission Company Limited.
The ruling marks a significant development in the long-stalled 3,960MW Mambilla Hydroelectric Power Project in Taraba State, removing what President Bola Ahmed Tinubu described as the single biggest legal hurdle that had stalled the project for years.
Sunrise had initiated arbitration proceedings, demanding a $680 million settlement sum and interest. The demand was linked to a broader dispute in which the company is seeking more than $2.7 billion in compensation and interest over the development of the hydroelectric project.
The dispute arose from an unauthorised 2003 build-operate-transfer contract that was never approved by the Federal Executive Council.
Reacting to the ruling, President Tinubu described the outcome as a demonstration of Nigeria’s resolve to resist what he characterised as predatory and exploitative litigation.
“This latest decision affirms the Nigerian State’s determination not to succumb to predatory and exploitative claims by corrupt local and international entities and their enablers and funders,” Tinubu said.
The successful defence involved extensive institutional coordination and testimony from prominent former government officials.
Tinubu commended the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, and officials of the Federal Ministry of Justice for their efforts in defending Nigeria’s position.
He also praised the country’s external legal team, led by Elizabeth Oger-Gross and Tolu Obamuroh of Paul Hastings LLP, for what he described as a professional and effective defence.
Former President Olusegun Obasanjo and the late former President Muhammadu Buhari also testified during the proceedings.
Additional support came from former ministers Babatunde Raji Fashola, SAN, and Suleiman Adamu, as well as technical experts who contributed to the defence of Nigeria’s interests.
The President also acknowledged the investigative work of the Economic and Financial Crimes Commission (EFCC) and the continued support of the National Security Adviser.
While reaffirming Nigeria’s openness to genuine international investors and its commitment to honouring legitimate legal obligations, the administration said it would continue to protect the country’s national resources from what it considers opportunistic claims.
The ICC ruling is expected to remove a major legal obstacle that had contributed to the prolonged delay of the Mambilla Hydroelectric Power Project, allowing the Federal Government to refocus efforts on advancing the 3,960MW project for the country’s economic and energy development.
