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$6bn Mambilla Contract: Appeal Court suspends judgment barring EFCC from Probing Leno Adesanya

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2 months ago

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The Court of Appeal in Abuja has stayed the execution of a Federal High Court judgment which barred the Economic and Financial Crimes Commission (EFCC) from investigating Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, over criminal allegations related to the $6 billion Mambilla hydropower contract.

 

The appeal court delivered the verdict on Thursday in an application for stay filed by the Attorney General of the Federation’s counsel, T.A. Gazali SAN.

 

We had previously reported that Justice Inyang Ekwo of the trial court had ordered the EFCC to immediately remove Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, from its wanted list in connection with any criminal allegations related to the $6 billion Mambilla hydropower contract.

 

 

Justice Ekwo issued the judgment on Monday, September 23, 2024, in a suit filed by Adesanya’s lawyer, M.S. Diri SAN, against the EFCC, the Federal Ministry of Power and Steel, the Federal Government of Nigeria, and the Attorney General of the Federation.

 

The EFCC had declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers” related to the Mambilla project.

 

 

However, the applicant’s lawyer, Diri, sought a perpetual injunction restraining the EFCC from further investigating, inviting, or publishing his client’s name as a wanted person over the Mambilla Hydroelectric Power Project, citing a pending case at the International Chamber of Commerce Court of Arbitration in Paris.

 

What Transpired at the Trial Court

During the proceedings at the lower court, Adesanya’s lawyer asked the court to determine the propriety of the EFCC’s powers to investigate the commercial transaction between his client, the federal government, and the Ministry of Power.

 

Diri argued that Adesanya, seeking to ensure sustainable power in Nigeria, proposed constructing the Mambilla Hydroelectric Project through Sunrise as the special purpose vehicle to drive the project.

He noted that Sunrise and its Chinese partners, North China Power and China Hydroelectric companies, held various meetings in China with three Power Ministers regarding the Zungeru and Mambilla projects.

He submitted that in 2005 and 2006, ex-President Obasanjo approved financial negotiations for the project, but to date, no funds have been disbursed by the federal government to the plaintiffs regarding the contract.

He said that in an effort to amicably resolve the issues concerning the project, the company wrote letters to the Ministry of Power, leading to meetings between his clients and the executive branch of government.

He added that by a letter dated April 22, 2020, rather than honoring the agreement, the federal government wrote through the Attorney General seeking a review of the terms.

 

 

He stated that arbitral proceedings had been scheduled for a virtual hearing on March 22, 2024, on the issue. However, despite the pending case, the federal government and its security agencies, including the EFCC, have sought to criminalize and scandalize the Mambilla Project, aiming to evade their legal contractual obligations.

 

In response, the EFCC legal team argued that evidence of criminal activity was established against the plaintiffs during the investigation, leading to charges being framed in a high court.

The EFCC also denied being used by the federal government or any other entity to witch-hunt or intimidate the plaintiffs, emphasizing that the investigation and prosecution are related to the contractual award for the Mambilla project, which lacked Presidential and Federal Executive Council approval.

 

 

Justice Ekwo, in his judgment, held that since the Ministry of Power had contested the claims of the plaintiffs and had counterclaimed against them at the International Chamber of Commerce Court of Arbitration, the sanctity of the arbitral proceedings must be respected and protected.

The judge further held that regarding the EFCC’s publication of the name and photograph of the first plaintiff as a “wanted person” on its website, he did not find any valid defense from the agency.

He subsequently declared that the EFCC is not legally entitled to investigate, resolve, or prosecute the contractual dispute between Sunrise and the Ministry of Power and the Federal Government, which is pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB.

 

 

However, the Attorney General of the Federation (AGF) appealed the judgment and also requested that the court stay execution of the judgment, arguing that irreparable damage would occur if the trial judgment is executed before the determination of the pending appeal challenging the jurisdiction of the Federal High Court to determine the suit.

 

What the Appeal Court Said

Passing its verdict on Thursday, a three-member panel of the appeal court, led by Justice Joseph Oyewole, upheld the AGF’s submission about the potential damage occurring if the judgment is not stayed.

 

Oyewole dismissed Adesanya and his firm’s claim that the application was an abuse of court process.

He agreed that the balance of convenience was in favor of granting the relief sought in the motion for stay.

 

 

He subsequently stayed the execution of the September 23 judgment pending the determination of the pending appeal filed by the AGF.

 

What You Should Know

The EFCC is prosecuting Olu Agunloye, a former Minister of Power and Steel, in separate court proceedings regarding the alleged $6 billion Mambilla hydropower contract.

 

The EFCC alleges that Agunloye “corruptly received the sum of N3,600,000.00” through his Guaranty Trust Bank account no. 0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) and Leno Adesanya for approving the Mambilla Hydroelectric Power Station project.

 

 

 

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Alleged Forgery: EFCC Set To Arraign Oba Otudeko, Ex-First Bank MD Bisi Onasanya For N12.3Bn Fraud

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4 days ago

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January 16, 2025

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Justice Chukwujekwu Aneke of the Federal High Court in Lagos has fixed Monday, January 20, 2025, for the Economic and Financial Crimes Commission, EFCC, to arraign the Chairman of Honeywell Group, Chief Oba Otudeko and a former First Bank Managing Director Stephen Olabisi Onasanya for allegedly looting N12.3billion naira from First Bank.
Otudeko – former Chairman of First Bank of Nigeria, FBN Holdings – and Onasanya are to be arraigned alongside a former board member of Honeywell Soji Akintayo and a firm, Anchorage Leisure Limited connected to Otudeko.
According to the EFCC, the four committed the fraud in tranches of N5.2billion, N6.2billion, N6.150billion, N1.5billion and N500million, N6.2bbillion and N2.09 Billion between 2013 and 2014 in Lagos.
The 13-count charge, filed by EFCC counsel Bilikisu Buhari on January 16, 2025, further claimed that the defendants made and uttered forged documents to deceive the bank.
Otudeko, Onasanya, Akintayo and Anchorage will be brought before Justice Aneke, to whom the case, registered as FHC/L/20C/2025, has been assigned.
Specifically, count 1 accused the defendants of conspiring “to obtain the sum of N12.3Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V-TECH DYNAMIC LINKS LIMITED and Stallion Nigeria Limited, which representation you know to be false.”
In Count 2, it was alleged that the defendants, on or about the 26th day of November 2013 in Lagos, “obtained the sum of N5.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V TECH DYNAMIC LINKS LIMITED which representation you know to be false.”
The 3rd count claimed that the defendants, between 2013 and 2014 in Lagos, obtained N6.2 Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”
In the 4th count, they were accused of conspiring to spend the N6,15 Billion, out of the monies.
According to the Commission, the offences contravened Section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and are punishable under Section 1(3) of the same Act.
Counts 5 and 6 read: “That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about 11th day of December 2013 in Lagos, procured Honeywell Flour Mills Plc to retain the sum of N1,5 Billion, which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 18(c), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.
“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED on or about the 17th day of December 2013 in Lagos, converted to the use of Honeywell Flour Mills Plc the sum of N500 Million Naira Only which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 15(2 (b)) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.”
Other charges are as follows:
“Count 7. That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about the 3rd day of September 2013 in Lagos and within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence to wit: uttering a forged document – titled “Letter of Application” with the intent that it may be used by the First Bank in the belief that the said document is genuine and emanated from V-Tech Links Dynamic Limited, and you thereby committed an offence contrary to Section 3(6) of the MISCELLANEOUS OFFENCES ACT, Cap M17 Laws of the Federation of Nigeria 2004 and punishable under Section 1(2)(c) of same Act.
“COUNT 8: That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about the 3rd day of September 2013 in Lagos and within the jurisdiction of this Honourable Court uttered a forged document titled “Letter of Application” with intent that it may be used by the First Bank in the belief that the said document is genuine and emanated from V-Tech Dynamic Links Limited, and you thereby committed an offence contrary to Section 1(2)(c) of the MISCELLANEOUS OFFENCES ACT, Cap M17 Laws of the Federation of Nigeria 2004 and punishable under same Act.
“COUNT 9 That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about the 3rd day of September 2013 in Lagos and within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence to wit: making false document titled “AUTHORIZATION TO ISSUE INVESTMENT CERTIFICATE TO FIRST BANK” with intent that it may be used by First Bank in the belief that the said document is genuine and emanated from V-Tech Links Dynamic Limited, and you thereby committed an offence contrary to Section 3(6) of the MISCELLANEOUS OFFENCES ACT, Cap M17 Laws of the Federation of Nigeria 2004 and punishable under Section 1(2)(c) of same Act.
“COUNT 10: That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about the 3rd day of September 2013, in Lagos and within the jurisdiction of this Honourable Court made a forged document titled “AUTHORIZATION TO ISSUE INVESTMENT CERTIFICATE TO FIRST BANK” with Intent that it may be used by the First Bank in the belief that the said document is genuine and emanated from V-Tech Links Dynamic Limited, and you thereby committed an offence contrary to Section 1(2) (c) of the MISCELLANEOUS OFFENCES ACT, Cap M17 Laws of the Federation of Nigeria 2004 and punishable under same Act.
“COUNT 11: That you, CHIEF OBA OTUDEKO AND STEPHEN OLABISI ONASANYA on or about the 31st day of October 2014 in Lagos, within the jurisdiction of this Honourable Court procured Abiodun Olatunji and Raymond Eze to transfer the sum of N6,200,000,000 (Six Billion, Two Hundred Million Naira Only), to STALLION NIGERIA LIMITED’s account number “2015708429” domiciled with First Bank, which sum you reasonably ought to have known formed part of the proceeds of unlawful activities to wit: Fraudulent False Accounting and you thereby committed an offence contrary to Sections 18 (c) and 15(2 (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.
“COUNT 12: That you, CHIEF OBA OTUDEKO AND STEPHEN OLABISI ONASANYA on or about 11th day of December, 2013 in Lagos, within the jurisdiction of this Honourable Court procured Abiodun Olatunji and Raymond Eze to transfer the sum of N2, 090, 000,000 (Two Billion, Ninety Million Naira Only), from STALLION NIGERIA LIMITED’s account number “2015708429” domiciled with First bank, to Emmerado Logistics Limited’s account number “0688985010” domiciled with First City Monument Bank, which sum you reasonably ought to have known formed part of the proceeds of unlawful activities to wit: Fraudulent False Accounting and you thereby committed an offence contrary to Sections 18 (c) and 15(2 (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.
“COUNT 13: That you, CHIEF OBA OTUDEKO on or about the 3rd day of September 2013 in Lagos, within the jurisdiction of this Honourable Court whilst being the Chairman of First Bank Plc indirectly had a personal interest in a loan facility sought for by V Tech Dynamics Links Limited in the sum of N6,150,000,000.00 (Six Billion, One Hundred and Fifty Million Naira Only), which interest was not declared to the Bank and you thereby committed an offence contrary to Section 18(1) BANKS AND OTHER FINANCIAL INSTITUTIONS ACT 2004 and punishable under Section 18(2) of same Act.”

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Certificate Scandal: We don’t have your record as a lawyer. – Supreme Court To Ex Speaker Obasa….

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5 days ago

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January 15, 2025

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More trouble may be brewing for the former Speaker of the Lagos State House of Assembly, Mudashiru Obasa, as the Supreme Court of Nigeria has revealed that there was no record of him as a lawyer in their registry.

 

 

The apex court keeps records of all certified lawyers allowed to handle cases in any Nigerian court.

 

Obasa’s profile on Wikipedia and the Lagos Assembly’s website describes him as a lawyer and solicitor of the Federal Republic of Nigeria even though there is no mention of where he practiced or a case he handled.

 

He is also described on the Assembly’s website as graduating from the Nigerian Law School in 2007, a year after he obtained a Bachelor of Law degree from the Lagos State University.

 

But in a response to an enquiry on the subject matter on July 24, 2020, the Supreme Court categorically stated that Obasa’s name was not found on the numerous rolls of legal practitioners kept with it.

 

 

The letter signed by one Gertrude B. Karenton-Mordi on behalf of the Chief Registrar of the Supreme Court and seen on Monday, said, “This is to inform you that we have checked our records and cannot find the name: MUDASHIRU AJAYI OBASA on the nemerous Rolls of Legal Practitioners kept in this honourable court.

 

 

MUDASHIRU AJAYI OBASA is at liberty to come to the honourable court with his call to bar and qualifying certificates for enrollment.”

 

Interestingly, this is not the first time that the 47-year-old Lagos Assembly Speaker will be linked to a scandal — this merely adds to a long list of alleged wrongdoing Obasa had been discovered to be involved in.

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National Sports Festival: FG, Enugu govt sign host state agreement

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6 days ago

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January 14, 2025

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The Federal and the Enugu State Government have signed the host state agreement in respect of the 2026 National Sports Festival billed to hold in the South East State.

The agreement, which was signed by the Director-General of the National Sports Commission, Hon. Bukola Olopade for the FG and Governor Peter Mbah for Enugu State, on Tuesday, now awards Enugu State the full hosting rights for the 2026 edition of the National Sports Festival.

Speaking at the signing ceremony at the Government House, Enugu, Governor Peter Mbah thanked the Commission and other sports stakeholders for the confidence reposed in the state and his administration to stage the event, assuring that it would discharge its hosting responsibilities in a way that would leave a lifelong memory and experience on the athletes and all lovers of sports in Nigeria and beyond.

“We also appreciate the value and significance of this award. I want to commend the commission for finding Enugu worthy of being the next host of the 23rd National Sports Festival. We are going to discharge ourselves creditably.

“As you know, we like to be a role model as a state that gained preeminence over 115 years ago. We will not want to let our forebears down. We will live up to that standard.

“We have already set forth at dawn. Immediately that announcement was made, we mobilised our team. We are already working on revamping the Awgu Games Village and a whole lot. We have decided to deliver a brand new Games Village. We are also completely renovating the stadium to brand new.

“We are making sure that by the time you come here by the end of this year, you are going to be highly impressed. It is not revamping, rebranding or re-equipping, but we are also going to build additional facilities to the existing one.

“We are looking forward to having a word-class experience befitting the sports men and women, making our hosting a lifelong memory and experience,” he stated.

Earlier in his address, Hon. Olopade said the commission was encouraged by Enugu’s bid, available facilities, improved security in the state, and Governor Mbah’s determination to turn around the sports and social infrastructure to grant Enugu the right to host the event after the 22nd edition to be hosted by Ogun State.

The National Sports Commission boss added that the hosting would boost investment and tourism in the state before, during and after the event.

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