EFCC Opens Mambilla Contract Investigation After ICC Flags $500,000 Payment to Atiku’s Former Wife
The Economic and Financial Crimes Commission (EFCC) has launched an investigation into transactions connected to Nigeria’s controversial Mambilla Hydroelectric Power Project, following concerns raised in an international arbitration ruling over a $500,000 payment to Jennifer Douglas, the former wife of ex-Vice President Atiku Abubakar.
The anti-graft agency has reportedly constituted a special investigative team to examine financial transactions and trace properties potentially linked to the disputed project.
According to reports, the team is operating under the supervision of EFCC Chairman Ola Olukoyede and may invite several prominent individuals mentioned in the arbitration proceedings for questioning.
Those reportedly under consideration include Atiku Abubakar, his former wife Jennifer Douglas, former Attorney-General of the Federation Abubakar Malami, ex-Minister of Power and Steel Olu Agunloye, former National Security Adviser Sambo Dasuki, and other individuals connected to the project.
The investigation follows the International Chamber of Commerce (ICC) tribunal’s dismissal of claims brought against Nigeria by Sunrise Power and Transmission Company Limited and its promoter, Leno Adesanya, over the Mambilla power project.
ICC Questions $500,000 Transaction
A major issue attracting attention in the arbitration ruling is a $500,000 transfer made on January 30, 2003, by Adesanya through his offshore company, China Castle Investments Limited.
The money was reportedly transferred from a Swiss bank account belonging to the company to a United States bank account held by Douglas, who was married to Atiku at the time.
Adesanya told the tribunal that the payment was part of a foreign-exchange transaction conducted on behalf of Atiku through his bureau de change business.
However, the tribunal observed that the explanation was not supported by sufficient documentary or independent witness evidence.
According to the ruling, there were no records establishing the underlying naira payment, applicable exchange rate, transaction instructions or correspondence confirming the commercial purpose of the transfer.
The tribunal also noted that neither Atiku nor Douglas provided witness statements to substantiate the explanation.
The timing of the payment attracted particular scrutiny because it occurred less than four months before Sunrise Power was purportedly awarded the Mambilla build-operate-transfer contract by the then Minister of Power and Steel, Olu Agunloye.
While the tribunal identified what it described as significant red flags surrounding the transaction, it also stated that there was no evidence before it establishing that Atiku had exercised his official position to facilitate the contract award.
EFCC Examines Other Financial Transactions
Beyond the payment involving Atiku’s former wife, the ICC ruling also raised concerns about other financial transactions linked to the Mambilla project.
One of the transactions under scrutiny is a $1.74 million payment reportedly made by Adesanya to Abubakar Dasuki, the son of former National Security Adviser Sambo Dasuki.
The tribunal questioned the explanation that the payment was a loan, citing the absence of a formal loan agreement and supporting financial records.
Investigators are reportedly examining these transactions alongside other evidence contained in the tribunal’s final award, which runs into hundreds of pages.
The EFCC is also said to be tracing properties suspected to be connected to the transactions, with possible asset forfeiture proceedings if sufficient grounds are established.
Atiku Rejects Claims of Indictment
Atiku Abubakar has rejected suggestions that the ICC ruling indicted him for corruption in connection with the Mambilla project.
Through his spokesperson, Phrank Shaibu, the former vice president argued that the commercial arbitration did not convict him or establish that he received a bribe or improperly influenced the contract award.
The tribunal’s findings similarly distinguished between concerns surrounding the $500,000 payment and proof that Atiku used his official position to secure the contract for Sunrise Power.
The EFCC investigation, if pursued, will constitute a separate process from the commercial arbitration and would require investigators to establish any alleged wrongdoing through the appropriate legal procedures.
Background to the Mambilla Power Project Dispute
The Mambilla Hydroelectric Power Project in Taraba State has been at the centre of prolonged contractual and legal disputes involving the Federal Government and Sunrise Power.
The dispute stems from a proposed build-operate-transfer agreement for the development of a major hydropower facility. Sunrise Power subsequently initiated international arbitration, seeking billions of dollars in compensation over the alleged breach of the agreement.
The ICC tribunal’s rejection of the claims has significantly reduced Nigeria’s potential financial exposure arising from the dispute.
The latest EFCC probe is expected to focus on financial transactions, alleged payments and other circumstances surrounding the project, as authorities examine issues raised during the arbitration.
The investigation remains distinct from a criminal conviction. Any individual questioned or named in connection with the matter is entitled to due process, and allegations must be established through the appropriate legal channels.
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