EFCC Sets Up Special Team to Probe Mambilla Power Project Transactions, Targets Prominent Nigerians for Asset Forfeiture Review
The Economic and Financial Crimes Commission (EFCC) has set up a special team to investigate transactions linked to the Mambilla Hydroelectric Power Project and trace properties suspected to be connected to them.
The team, being supervised by EFCC Chairman, Ola Olukoyede, is also considering inviting several prominent Nigerians mentioned in the International Chamber of Commerce (ICC) arbitration proceedings for questioning, with possible asset forfeiture to follow where the commission establishes sufficient grounds.
Those expected to come under scrutiny include former Vice President Atiku Abubakar, his former wife, Jennifer Douglas, former Attorney General of the Federation, Abubakar Malami, former Minister of Power and Steel, Olu Agunloye, former National Security Adviser, Sambo Dasuki, his son, Abubakar Dasuki, former Solicitor General of the Federation, Abdullahi Yola, and former Permanent Secretary in the Ministry of Power, Dere Awosika.
A top EFCC source familiar with the development told newsmen that the team was examining the transactions, relationships and other evidence contained in the 620-page final award and associated proceedings.
“Yes, the process is on,” the source, who pleaded not to be named, said.
The investigation followed the tribunal’s recent rejection of claims brought against Nigeria by Sunrise Power and Transmission Company Limited and its promoter, Leno Adesanya, over the 3,960-megawatt Mambilla project in Taraba State.
A review of the ICC award, showed that one of the transactions that could attract the attention of investigators was a $500,000 payment made by Adesanya in January 2003 from the Swiss account of his company, China Castle Investments Limited, to a United States account belonging to Douglas, who was then married to Atiku.
The payment came only months before Agunloye, then Minister of Power and Steel, purportedly awarded Sunrise a Build-Operate-Transfer contract for the Mambilla project.
The tribunal examined the circumstances of the payment, including its timing and Adesanya’s relationship with Atiku. It noted that neither Atiku nor Douglas provided a witness statement or declaration supporting the explanation offered for the transaction.
The tribunal subsequently described the circumstances surrounding the payment as raising “significant red flags”, particularly in relation to questions about possible political influence and Sunrise’s efforts to secure the Mambillaproject.
Atiku has denied being indicted by the tribunal, maintaining that he was not responsible for awarding the contract.
Another transaction expected to feature prominently in the EFCC’s review is the $1.74 million payment made by Adesanya to Abubakar Dasuki, son of the former NSA, in December 2014.
The tribunal questioned Adesanya’s explanation that the money was a loan, pointing to the absence of a loan agreement and other documentation establishing the nature and accounting of the transaction.
It said the circumstances surrounding the payment raised “considerable red flags”.
Sambo Dasuki was also mentioned in the proceedings in connection with the transaction involving his son.
Malami is also expected to come under scrutiny over his role in events surrounding the 2020 settlement agreement between Nigeria and Sunrise.
The former AGF featured extensively in the tribunal’s consideration of the settlement, with Nigeria alleging that he acted against the country’s interest and entered into improper arrangements with Adesanya. The tribunal also examined aspects of his dealings with the businessman.
Agunloye, who was minister when Sunrise was purportedly awarded the original Mambilla BOT contract in May 2003, featured in the proceedings over a payment of about N5.2 million made to him in 2019 through an intermediary.
The tribunal considered the timing and circumstances of the payment relevant to Nigeria’s allegations concerning the relationship between Adesanya and officials involved in the project.
Agunloye is separately facing criminal proceedings over the Mambilla project and has pleaded not guilty to charges including forgery, receiving gratification and disobedience to presidential directives.
The ICC proceedings also touched on Yola and Awosika, who were involved in subsequent negotiations over the project.
Yola, who represented the Ministry of Justice during negotiations around the 2012 General Project Execution Agreement and related settlement documents, was linked to an approximately $50,000 payment made by Adesanya through Lutin Investment in 2015.
Awosika, who participated in negotiations concerning the project while Permanent Secretary in the Ministry of Power, was mentioned in connection with three payments totalling about $135,000 made by Lutin Investments to a company belonging to her son.
The EFCC source said the commission’s review was not limited to the payments themselves, as investigators were also examining the relationships among the parties, the movement of funds and properties that may have been acquired with proceeds connected to the transactions.
The source said the commission would determine its next steps after reviewing the available evidence, including whether particular assets met the threshold for forfeiture.
