Mambila Project: ICC Tribunal Rejects Sunrise Power’s $680m Arbitration Claim Against Nigeria
Nigeria has secured a major victory in its long-running legal dispute with Sunrise Power and Transmission Company Limited after an international arbitration tribunal rejected the company’s $680 million claim against the Federal Government.
President Bola Tinubu announced the decision in a State House statement issued on Thursday, saying the tribunal, operating under the auspices of the International Chamber of Commerce in Paris, delivered its award in Nigeria’s favour.
Sunrise Power had demanded $680 million as a settlement sum and interest arising from a separate arbitration in which it is seeking more than $2.7 billion in compensation and interest. The disputes relate to the development of the 3,960-megawatt Mambila Hydroelectric Power Project in Taraba State.
Tinubu described the ruling as a validation of Nigeria’s resolve to resist what he called “predatory and exploitative claims” against the country.
“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,” the president said.
According to the statement, the dispute dates back to a 2003 agreement for the construction of a 3,050-megawatt hydroelectric plant in Taraba State under a build-operate-transfer arrangement. The presidency said the contract was never authorised by the Federal Executive Council.
Tinubu commended Attorney-General of the Federation and Minister of Justice Lateef Fagbemi, as well as officials of the Federal Ministry of Justice, for their work on the case.
He also praised Nigeria’s defence team, led by Elizabeth Oger-Gross and Tolu Obamuroh of Paul Hastings LLP, for what he described as its professional handling of the arbitration.
The president acknowledged former President Olusegun Obasanjo and the late former President Muhammadu Buhari for testifying in the proceedings. He also thanked former ministers Babatunde Raji Fashola and Suleiman Adamu, other witnesses and experts who participated in Nigeria’s defence.
Tinubu further commended the National Security Adviser for supporting the government’s case and the Economic and Financial Crimes Commission for investigating the circumstances surrounding the dispute.
The president said Nigeria remained open to legitimate investment and committed to honouring its lawful obligations but would vigorously defend the country against claims it considered opportunistic.
“While our country remains committed to partnering with genuine investors and honouring its legal obligations, it will continue to defend all opportunistic claims instituted against our commonwealth strongly,” he said.
Tinubu described the ruling as a breakthrough for the Mambila hydropower project, saying it had removed the largest legal obstacle that had stalled the development for years.
The State House statement did not provide details of any costs awarded by the tribunal or explain how the decision would affect the separate arbitration involving Sunrise Power’s claim of more than $2.7 billion.
