Mambilla Power Project: ICC rules in favour of Nigeria in arbitration case of $2.35bn against Sunrise
Nigeria wins arbitration case against Sunrise Power as the International Chamber of Commerce (ICC) in Paris, France, rules in favour of Nigeria in the $2.35 billion award sought by Sunrise Power over the Mambilla hydropower project.
The tribunal also directed Sunrise and its promoter to refund Nigeria’s legal fees of $11.8 million.
Sunrise Power had claimed to have been awarded a $6 billion contract to build, operate, and transfer the power plant by the Obasanjo administration in May 2003.
The company alleged a breach of contract by the federal government and was seeking monetary compensation of $2.35 billion from the Nigerian government to cover what it had spent on financial and legal consultants.
In the decision signed by the three panellists, the tribunal dismissed Sunrise’s claim for a declaration that Nigeria breached its contractual obligations under the settlement agreement and the addendum.
It also rejected Sunrise’s claim for an order that Nigeria should pay the company $400 million in satisfaction of the settlement sum of $200 million and the default sum of $200 million.
They further declared that Leno Adesanya, the promoter of Sunrise, is bound by the arbitration agreement with Nigeria pursuant to the settlement agreement and the addendum, and that the tribunal has jurisdiction over Nigeria’s counterclaim against him and his firm.
Former Presidents Obasanjo and Buhari had previously testified at the ICC in January 2025, maintaining their stand that no contract was signed in the first instance.
Nigeria was represented by a team of lawyers led by Elizabeth Oger-Gross and Tolu Obamuroh, now of Paul Hastings LLP.
With Nigeria’s victory at the ICC, the country is no longer at risk of paying $2.35 billion to Sunrise Power as compensation.
– Journalist KC
