MAMBILLA $6BN CONTRACT: ICC VICTORY PUTS EFCC CASE AGAINST AGUNLOYE UNDER FRESH SPOTLIGHT

By

Aisha Balogun

The Federal Government’s success at the International Chamber of Commerce, ICC, arbitration tribunal in the long-running Mambilla power disagreement has actually brought restored attention to the Economic and Financial Crimes Commission’s prosecution of previous Minister of Power and Steel, Dr Olu Agunloye, over the questionable$6 billion agreement at the centre of the disagreement.
An ICC tribunal in Paris on September 17, 2026, declined claims brought by Sunrise Power and Transmission Company Limited, SPTCL, in disagreements emerging from the proposed Mambilla Hydroelectric Power Project in Taraba State.
The business had actually pursued claims facing billions of dollars, consisting of a need of $680 million connecting to a settlement amount and interest, together with a different claim of more than $2.7 billion over disagreements connected with the task. The tribunal likewise turned down a$400 million claim developing from a 2020 settlement arrangement and purchased Sunrise and its promoter, Leno Adesanya, to compensate Nigeria about$11.82 million in legal charges and costs.

Beyond the worldwide arbitration success, the award has actually cast fresh light on the domestic criminal case being prosecuted by the EFCC versus Agunloye, whose supposed function in the initial 2003 agreement award stays before the FCT High Court in Abuja.

Agunloye is dealing with a changed seven-count charge verging on declared forgery, disobedience to governmental regulations and getting satisfaction in connection with the award of the Mambilla agreement to Sunrise Power.

He has actually pleaded innocent to the charges.
The case, before Justice Jude Onwuegbuzie of the FCT High Court, Apo, Abuja, was very first submitted in January 2024 and has actually given that gone through modifications and numerous rounds of prosecution proof.

The EFCC re-arraigned the previous minister on changed charges in September 2025.

THE CONTRACT THAT TRIGGERED THE DISPUTE

The roots of the debate return to May 2003, when Agunloye, then Minister of Power and Steel under the administration of previous President Olusegun Obasanjo, signed a letter granting Sunrise Power a build-operate-transfer agreement for the proposed Mambilla task.

The initial proposition was for a 3,050-megawatt hydroelectric plant at an approximated expense of about $6 billion. The job later on developed in scope, with the existing Mambilla plan related to a bigger proposed capability of 3,960 MW.

According to the EFCC’s case, Agunloye made the award without the needed approval of the Federal Executive Council and in spite of an instruction occurring from an FEC conference worrying the proposition.

An EFCC private investigator, Umar Hussein Babangida, informed the Abuja court in 2026 that the FEC had actually directed Agunloye to withdraw the award. The detective likewise affirmed that the proposed job included a federal government equity contribution of about $1.5 billion.

Another significant concern before the court is the EFCC’s claims that Agunloye got satisfaction connected to the agreement.

Prosecution proof has actually consisted of banking records connecting to supposed payments amounting to more than N5 million. The EFCC declares that the cash was linked to the previous minister’s actions in communicating what supposed to be the Federal Government’s approval of the Mambilla agreement.

EFCC INVESTIGATION MEETS THE ARBITRATION CASE

The significance of the ICC choice to the domestic prosecution depends on the reality that the 2 legal fights outgrew the very same disputed legal history.

While Sunrise took its disagreement with Nigeria to global arbitration, the EFCC examined the situations surrounding the initial award and consequently charged Agunloye.

The commission’s examination has actually included plainly in the Nigerian procedures. Its witnesses have actually provided files and statement worrying the May 2003 FEC procedures, the agreement award, the relationship in between Agunloye and Sunrise promoter Leno Adesanya, and declared monetary deals.

In February 2026, an EFCC detective informed the court that Agunloye acknowledged understanding Adesanya before he ended up being minister. The prosecution has actually likewise declared that Agunloye acted contrary to a governmental regulation when he continued with the agreement award.

In June, another prosecution witness, Iliya John Iyakwari, an authorities of the Federal Ministry of Justice, affirmed in the continuous case worrying files gotten in touch with the FEC procedures and the EFCC examination.

The prosecution is yet to finish its case. In July 2026, the EFCC tried to call previous Cross River State Governor Liyel Imoke as a witness, although his testament was stalled after the defence challenged the treatment for providing his proof. The matter was consequently adjourned.

OBASANJO’S POSITION

Former President Obasanjo has actually likewise included plainly in the debate surrounding the agreement.
Throughout the arbitration procedures, Obasanjo affirmed for Nigeria. President Tinubu particularly applauded him and the late previous President Muhammadu Buhari for their involvement in the global case.

The EFCC has actually formerly informed the Abuja court that Obasanjo preserved that the Federal Executive Council under his administration did not authorize the agreement granted to Sunrise Power.

An EFCC private investigator informed the court in December 2025 that Obasanjo had actually likewise revealed desire to affirm worrying the Mambilla matter and had actually been talked to by private investigators.

Agunloye, nevertheless, has actually regularly rejected the claims versus him and pleaded innocent to the criminal charges.

That difference stays crucial: the ICC arbitration award is not a criminal conviction of Agunloye, and the previous minister’s guilt in the declared agreement abnormalities stays a matter for decision by the Nigerian court.

TINUBU CREDITS EFCC

Following the ICC success, President Bola Ahmed Tinubu particularly acknowledged the function played by the EFCC in examining the Mambilla matter.
Tinubu applauded Attorney-General of the Federation and Minister of Justice Lateef Fagbemi, the Federal Ministry of Justice, Nigeria’s external defence group and the witnesses who took part in the arbitration.
He likewise applauded the EFCC for its examination into the case.
The President stated the ICC choice had actually eliminated a significant legal challenge that had actually stalled the Mambilla job for many years.

The tribunal’s choice has actually for that reason produced an uncommon merging of 2 long-running legal tracks: a worldwide arbitration occurring from the legal disagreement with Sunrise Power and a domestic prosecution occurring from accusations surrounding the initial award.
For the EFCC, the September 17 arbitration triumph supplies a considerable brand-new background to a criminal case that started with its examination into how the $6 billion Mambilla agreement was granted in 2003.

For Agunloye, nevertheless, the criminal accusations stay objected to and are still before the court.

And for Nigeria, the ICC award has actually eliminated a significant worldwide monetary claim over the Mambilla conflict, while the unsettled criminal procedures in Abuja continue to analyze the situations surrounding the agreement that began the debate more than 20 years earlier.

Source: EFCC examination and court procedures; ICC arbitration award; State House declaration; court reports by Premium Times, TheCable and Guardian.