Abubakar Malami, a former Attorney-General of the Federation and Minister of Justice, has rejected allegations that he entered into a corrupt arrangement with Sunrise Power and Transmission Company Limited promoter, Leno Adesanya, over the Mambilla Hydroelectric Power Project.
Malami, who welcomed Nigeria’s victory in the arbitration proceedings, said the findings concerning his conduct should not be interpreted as a criminal conviction.
His position was contained in a statement issued by his Special Assistant on Media, Mohammed Doka, on Tuesday, following the International Chamber of Commerce arbitration tribunal’s rejection of claims brought by Sunrise against Nigeria.
The ICC tribunal delivered its 616-page final award in Paris on September 16, 2026, rejecting Sunrise’s claims relating to the Mambilla project and ordering the company and Adesanya to reimburse Nigeria for a substantial portion of its legal costs.
Reports on the award, however, said the tribunal made adverse findings concerning Malami’s handling of a settlement agreement with Sunrise, including an alleged corrupt arrangement between him and Adesanya.
Reacting to the findings, Malami stressed that the proceedings were commercial arbitration and not criminal proceedings.
“The proceedings were commercial arbitration proceedings between parties to a dispute. They were not a criminal prosecution of Abubakar Malami, SAN, and the award does not constitute a criminal conviction of him,” the statement said.
He nevertheless acknowledged the seriousness of the findings attributed to the tribunal, saying they should be considered against the full documentary and evidentiary record.
“Those matters should not be ignored, trivialised or answered by speculation,” the statement added.
The former AGF also provided historical context to the dispute, arguing that the controversy involving Sunrise and the Mambilla project began long before he became Attorney-General.
According to him, Sunrise became involved in the proposed project in 2003, while successive administrations and Attorneys-General subsequently handled contractual disputes involving the company.
He said former AGF Michael Aondoakaa had reviewed the dispute before his tenure and recommended an amicable resolution.
He added that the Federal Government later entered into a General Project Execution Agreement involving Sunrise and Sinohydro in November 2012.
“The relevance of this history is straightforward: Malami did not create the Sunrise dispute, introduce Sunrise to the Mambilla project, or originate the Federal Government’s attempts to settle the controversy.
“He inherited a longstanding dispute that had traversed previous administrations, Attorneys-General, ministries and contractual arrangements,” the statement said.
Malami said his involvement in the matter followed government and presidential processes, including a directive communicated by the then Chief of Staff to President Muhammadu Buhari in April 2016 on the resolution of disputes surrounding the Mambilla project.
He said the Ministry of Justice was primarily responsible for advising the Federal Government on its legal exposure and possible options for resolving the dispute.
According to him, the unresolved Sunrise dispute had, by 2019, become an impediment to financing discussions for the Mambilla project, including engagements involving China Exim Bank.
Malami said Sunrise initially demanded $500m as a full and final settlement during negotiations in London in November 2019, while Federal Government representatives countered with $100m before a $200m figure was proposed.
“The governmental calculation was whether an asserted multibillion-dollar exposure, continuing litigation, financing difficulties and delays to the Mambilla project could be brought to an end through a substantially smaller negotiated settlement,” he said.
Malami further stated that former President Buhari did not approve the proposed $200m settlement.
He said Buhari indicated on April 20, 2020, that the Federal Government did not have $200m to pay Sunrise, adding that the position was communicated to the company two days later.
According to him, a subsequent request for presidential approval in January 2021 was also rejected, with Buhari writing, “Not approved.”
Malami said his actions after the rejection should also be considered, arguing that he instructed Federal Government lawyers to resist Sunrise’s efforts to enforce the settlement.
“Malami did not simply direct that Sunrise be paid regardless of the President’s position,” the statement said.
“When Sunrise asserted that Nigeria was consequently in default… Malami instructed counsel representing the Federal Government to resist Sunrise’s attempt to have the settlement terms adopted or enforced against Nigeria and to preserve the Federal Government’s legal position.”
Malami also directly rejected the reported tribunal finding that he entered into a corrupt arrangement with Adesanya.
“Malami rejects any suggestion that his official actions were undertaken pursuant to a corrupt agreement or in exchange for personal financial benefit,” the statement said.
He maintained that the allegation should be assessed against the complete evidentiary record, including whether he ever received money or any other financial benefit from Sunrise, Adesanya or any entity connected to them.
The statement also addressed reports that Adesanya claimed to have audio or video recordings relevant to his allegations but that the recordings were not presented before the tribunal.
“Where allegations of this gravity are made, the existence, non-production, authenticity and contents of any claimed recordings are matters of obvious evidentiary importance,” Malami said.
The former AGF said he was pleased with Nigeria’s outcome in the arbitration and maintained that the country’s financial interests had been protected.
The Federal Government had faced claims by Sunrise involving hundreds of millions of dollars and a separate dispute valued at more than $2.7bn in connection with the Mambilla project.
The tribunal rejected Sunrise’s claims, including its demand for $400m arising from the settlement agreement and an alleged default payment. It also ordered Sunrise and Adesanya to reimburse Nigeria for legal costs.
President Bola Tinubu welcomed the award, describing it as the removal of a major legal obstacle to the long-delayed Mambilla project. He also commended the Federal Ministry of Justice, the defence team and other witnesses who participated in the proceedings.
Malami said the tribunal’s decision should be welcomed while findings concerning the conduct of former public officials should be examined on the evidence.
“Nigeria’s victory should be welcomed, and findings concerning the conduct of former public officials should be carefully examined and answered on the evidence,” he said.
He added that he would issue a more comprehensive response to the tribunal’s individual findings after his office had reviewed the complete award and accompanying records.