The International Chamber of Commerce (ICC) arbitration tribunal has dismissed Sunrise Power and Transmission Company Limited’s claims against the Federal Government over the disputed Mambilla Hydroelectric Power Project.
In its 616-page final award delivered in Paris on September 16, 2026, the tribunal ruled that settlement agreements involving Nigeria and Sunrise were not binding on the Federal Government because they lacked the required presidential approval.
The tribunal also held that the agreements were unenforceable after finding that they were tainted by corruption and contrary to Nigerian public policy.
The dispute arose from a January 2020 settlement under which Nigeria was expected to pay Sunrise $200 million. A subsequent addendum signed in March 2020 divided the payment into two instalments and introduced an additional $200 million default provision, potentially exposing Nigeria to a liability of $400 million plus interest.
The tribunal found that the revised terms significantly increased Nigeria’s financial exposure without providing a corresponding benefit to the country.
It also examined the conduct of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, including his interactions with Sunrise promoter Leno Adesanya during the dispute.
According to the tribunal, evidence presented during the proceedings indicated that Adesanya alleged that Malami solicited a bribe during settlement discussions. Adesanya also claimed to possess audio and video recordings of the alleged interaction, although the recordings were not presented before the tribunal.
The tribunal further stated that Malami had repeatedly sought former President Muhammadu Buhari’s approval for the settlement despite Buhari rejecting it in April 2020 and January 2021.
It said Malami had also provided Buhari with inaccurate information about the financial implications of the proposed settlement, including the potential liability arising from the addendum.
The tribunal noted that Malami did not appear to testify during the proceedings and consequently gave limited weight to his witness statement.
It further held that Malami and former Minister of Power, Saleh Mamman, lacked the authority to bind the Federal Government to the settlement without presidential approval.
Consequently, the tribunal rejected Sunrise’s claim that Nigeria had breached its contractual obligations and dismissed its request for $400 million plus interest.
Beyond rejecting the claim, the tribunal ordered Sunrise and Adesanya to reimburse Nigeria $11.82 million in legal expenses and $414,125 in arbitration costs.
