PRESS STATEMENT BY THE ATTORNEY-GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE, PRINCE LATEEF FAGBEMI, SAN, ON THE VICTORY OF THE FEDERAL REPUBLIC OF NIGERIA IN THE ICC ARBITRATION INSTITUTED BY SUNRISE POWER AND TRANSMISSION COMPANY LIMITED

PRESS STATEMENT BY THE ATTORNEY-GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE, PRINCE LATEEF FAGBEMI, SAN, ON THE VICTORY OF THE FEDERAL REPUBLIC OF NIGERIA IN THE ICC ARBITRATION INSTITUTED BY SUNRISE POWER AND TRANSMISSION COMPANY LIMITED

On 17 September 2026, a Tribunal of the International Chamber of Commerce, Paris announced a landmark and decisive victory for the Federal Republic of Nigeria in the international arbitration instituted by Sunrise Power and Transmission Company Limited (Sunrise) and its principal, Mr. Leno Adesanya.

The arbitration concerned the 3,050-megawatt Mambilla Hydroelectric Power Project (Mambilla Project) — one of the largest and most strategically important infrastructure projects in the history of the Nigerian State.

In this arbitration, Sunrise demanded USD 400 million (comprising a settlement sum and a so-called ‘default sum’ of USD 200 million each) and interest at 10% per annum, compounded daily — in addition to its pending claim for over USD 2.7 billion in a separate, parallel arbitration.

For over two decades, the progress of this vital project has been held hostage by Sunrise’s relentless litigation and arbitration against the Federal Republic of Nigeria — beginning with the claim of an alleged Build-Operate-Transfer contract in 2003, followed by court proceedings in 2007, and continuing through further arbitrations.

The financing of the Mambilla Project by the China Export-Import Bank was expressly conditioned on the resolution of these disputes. As a result, the Project has been unable to achieve financial close, depriving Nigeria and its people of the enormous economic benefits of 3,050 megawatts of clean, renewable hydroelectric power.

The cost of this delay — measured in lost power generation, foregone industrial output, and continued energy poverty — is incalculable.
On 17 September 2026, the ICC Arbitral Tribunal rendered its Final Award comprehensively in favour of the Federal Republic of Nigeria — a complete and resounding vindication of our position. Sunrise’s entire claim was rejected.

The Tribunal found that the Settlement Agreement and the Addendum thereto, are not binding on Nigeria, as the former Nigerian Ministers who signed them lacked the requisite authority to commit and bind the Federal Government of Nigeria without presidential approval.

In addition, the Settlement Agreement was found to be a product of corruption and a violation of Nigerian public policy which made it unenforceable.

The Tribunal found that Mr. Adesanya had engaged in a decades-long campaign of bribery and corruption often involving very large payments to several senior Nigerian government officials connected to the Mambilla Project.

The corrupt scheme, orchestrated by Mr. Adesanya, extended to the Settlement Agreements, with the Tribunal specifically finding that a corrupt deal was in fact reached between Mr. Adesanya and the erstwhile senior Nigerian officials who signed the Settlement Agreement which formed the basis of the present arbitration against the Federal Republic of Nigeria.

As further noted by the Tribunal, Mr. Adesanya’s pattern of corrupt dealings extended back to the very origins of the Mambilla dispute, forming what the Tribunal described as an established modus operandi of engaging with influential Nigerian government officials through financial incentives.

Consequently, Sunrise and Mr. Adesanya were ordered to bear the overwhelming majority of costs — 75% of Nigeria’s legal fees and expenses, plus interest at 10% per annum compounded annually.

The Tribunal expressed the hope that this would deter Mr. Adesanya and his companies from bringing further frivolous legal proceedings against the Federal Republic of Nigeria.

This award serves as a clear and unequivocal message: the Federal Republic of Nigeria will not be a soft target for predatory litigation and arbitration.

I would like to acknowledge the leadership efforts of President Bola Ahmed Tinubu, GCFR who has consistently maintained the position that under no guise should Nigeria succumb to fraudulently contrived contractual agreements and any adverse claims arising therefrom.

I also wish to express my immense appreciation to the President for ensuring the provision of necessary financial and logistic support for the effective defence of this matter.

I wish to reaffirm that under my leadership, the Federal Ministry of Justice will remain unwavering in its duty to safeguard the rule of law and defend Nigeria’s legal interest at all times.

We shall continue to provide sound legal advice and effective representation on behalf of the Federal Republic of Nigeria, ensuring that justice is served and the integrity of our nation upheld.

Lateef O. Fagbemi, SAN
Attorney-General of the Federation and Minister of Justice
Federal Republic of Nigeria
Abuja, September 21, 2026