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$6bn Mambila saga: Court stops EFCC from prosecuting Leno Adesanya, promoter of Sunrise Power

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A federal high court in Abuja has restrained the Economic and Financial Crimes Commission (EFCC) from prosecuting Leno Adesanya, the promoter of Sunrise Power and Transmission Co., Ltd.

 

The court also ordered the commission to remove Adesanya’s name from its list of wanted persons.

 

In February, the EFCC declared Adesanya wanted over fraud allegations in the $6 billion Mambilla hydropower contract.

 

The anti-graft agency said Adesanya is wanted “in an alleged case of conspiracy and corrupt offer to public officers”.

 

Adesanya and Sunrise had in the suit marked FHC/ABJ/CS/267/2024 challenged the EFCC’s action.

 

Through their lawyer, M.S. Diri, the plaintiffs asked the court to determine the propriety of the commission’s powers to investigate the commercial transaction between them, the federal government, and the ministry of power, considering that the case was already pending at the ICC International Court of Arbitration in Paris, France.

 

Delivering judgment on Monday, Inyang Ekwo, the presiding judge, held that since the ministry of power had contested the claims of the plaintiffs and had counterclaimed against them at the ICC International Court of Arbitration in Paris, the sanctity of the arbitral proceedings must be respected and protected.

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The judge stressed that the ministry of power must not be seen as a territory where international commercial transactions are unsafe and where municipal laws and agencies can be used against investors in case of disputes.

 

Ekwo also observed that Sunrise Ltd. had instituted fresh arbitral proceedings against the federal government of Nigeria, which are ongoing.

 

He agreed with the EFCC that constitutional rights are not unlimited but ruled that it does not excuse violating rights in ways that go against the constitution.

 

The judge further held that the commission had no valid defence for declaring Adesanya wanted.

 

Consequently, Ekwo declared that the EFCC is not legally entitled to investigate, resolve, or prosecute the contractual dispute between Sunrise Ltd., the ministry of power, and the federal government pending before the ICC International Court of Arbitration in Paris, in case Reference No. 26260/SPN/AB/CPB.

 

The judge equally ordered that the anti-graft agency should remove all other negative contents about Adesanya in connection with any criminal allegation associated with the contract.

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However, he declined to grant a relief seeking compensation in the sum of N1 billion against the defendants.

BACKGROUND

Sunrise Power had on October 10, 2017, started arbitration against Nigeria at the ICC International Court of Arbitration in Paris, seeking a $2.354 billion award for “breach of contract” concerning a 2003 agreement to construct the 3,050 MW plant in Mambilla, Taraba state, on a “build, operate, and transfer” basis.

 

In its defence at the arbitration, the Nigerian government alleged fraud and corruption of public officials in the award of the contract.

 

To resolve the issue, Abubakar Malami, the attorney-general of the federation (AGF) and minister of justice at the time, committed the federal government to pay Sunrise Power $200 million “within 14 days” of the execution of the terms of the agreement on January 21, 2020, and also pay a penalty of 10 percent in case of a default in fulfilling the settlement agreement — in addition to restoring Sunrise as the local content partner for the project.

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However, TheCable learnt that former President Muhammadu Buhari refused to approve the payment of the $200 million to Sunrise Power.

 

“FG does not have USD 200 million to pay SPTCL,” the former president said in his reply to Malami.

 

Malami tried to re-negotiate the terms thereafter, blaming Nigeria’s inability to honour the agreement on the global pandemic and related economic challenges.

 

It was reported that Sunrise Power later agreed to discontinue the arbitral proceedings after an out-of-court settlement was reached with the federal government.

 

However, the arbitration was not terminated.

 

Former President Olusegun Obasanjo previously denied authorising Olu Agunloye, former minister of power and steel, to commit Nigeria to the $6 billion “build, operate, and transfer” contract with Sunrise Power in 2003.

 

Agunloye was said to have issued a letter awarding the contract a day after the federal cabinet told him to step down his request for approval and explore other sources of funding for the project.

 

The EFCC has now filed a seven-count charge against Agunloye.

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US releases identities of 24 Nigerians arrested for alleged fraud, money laundering

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The United States Department of Homeland Security (DHS) has released the names and photographs of 24 Nigerians arrested by immigration authorities in relation to alleged criminal offences, as the country continues its deportation operations.

According to the DHS, the suspects were arrested in different parts of the United States by Immigration and Customs Enforcement (ICE).

The alleged offences listed against them include wire and mail fraud, money laundering, drug-related crimes, identity theft, assault, forgery and cruelty towards a child.

In a statement announcing the arrests, the DHS said the publication was intended to show non-US citizens with criminal records who had been arrested by immigration enforcement officers.

“The U.S. Department of Homeland Security is highlighting the worst of worst criminal aliens arrested by the U.S. Immigration and Customs Enforcement (ICE),” the statement reads.

“Under DHS leadership, the hardworking men and women of DHS and ICE are fulfilling President Trump’s promise and carrying out mass deportations – starting with the worst of the worst – including the illegal aliens you see here.”

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The list released by DHS identifies the Nigerian nationals, the alleged offences associated with their arrests and the locations where they were apprehended.

The list published by the department identifies the Nigerian nationals, the offences associated with their cases and the locations where they were arrested.

Emmanuel Omowaiye was arrested for mail fraud in  Richmond, Texas.

Laurene Onwuka arrested for fraud and impersonation in Chantilly, Virginia.

Olusegun Shonekan arrested for wire fraud in Newark, New Jersey.

Olusegun Olaseni was arrested for amphetamine sale in Greencastle, Indiana.

Peter Ude was arrested for wire fraud; in Atlanta, Georgia.

Newton Jemide was arrested for wire fraud, conspiracy and mail fraud in  Fort Dix, New Jersey.

Shedrack Umukoro was arrested for money laundering, Yazoo City, Mississippi.

Olasoji Akinbode was arrested for fraud and impersonation in Kearny, New Jersey.

Oluwatosin Afolabi was arrested for fraud, Conroe, Texas.

Alameen Adetunji Tokosi was arrested for drug possession in Chicago, Illinois.

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Joshua Ipoade was arrested for wire fraud in Atlanta, Georgia.

Michael Orji was arrested for weapons violation, fraud, identity theft, wire fraud, false citizenship and money laundering in Oxford, Wisconsin.

Ahmadu Apooyin was arrested for drug-related offence in Baltimore, Maryland.

Teslim Kiriji was arrested for money laundering in Yazoo City, Mississippi.

Onomen Uduebor was arrested for identity theft in Seattle, Washington.

Charles Ochi was arrested for money laundering in white Deer, Pennsylvania.

Daniel Eta was arrested for wire fraud in White Deer, Pennsylvania.

Ifeanyi Ibennah was arrested for cruelty towards a child in Tampa, Florida.

Kazeem Runsewe was arrested for wire fraud in Thomson, Illinois.

Fatiu Lawal was arrested for wire fraud in Lompoc, California.

Justin Akubueze was arrested for money laundering in Orem, Utah.

Moyinoluwaseun Okeowo was arrested for larceny, forgery and concealing stolen property in Orlando,
Florida.

Babajide Oluwaseun Faseyi was arrested for assault in Alden, New York.

Bright Eigbedion was arrested for money laundering in Lompoc, California.

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Ogun 2027: Adebutu faults INEC over exclusion from governorship candidates list, tells supporters to remain calm

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Oladipupo Adebutu, the Peoples Democratic Party (PDP) governorship candidate in Ogun State, has faulted the decision of the Independent National Electoral Commission (INEC) to leave out his name from the list of governorship candidates.

Adebutu, in a statement addressing the development, said he remained a registered member of the PDP and had completed the necessary registration and documentation within the stipulated period.

“I have not at any point left the PDP, and my commitment to our great party remains unwavering,” he said.

According to him, the governorship primary that produced him as the party’s candidate was conducted with INEC officials present as observers, adding that relevant documents were submitted for verification, certification and confirmation.

The PDP candidate said the circumstances surrounding the exclusion raised concerns, particularly as other party candidates contesting for the House of Assembly, House of Representatives and Senate had appeared on INEC’s published lists.

Adebutu said the Ogun State PDP had expressed concern over what it described as undue pressure from the ruling All Progressives Congress (APC) on INEC, adding that the party would pursue the matter through appropriate channels.

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“We will pursue this matter through the appropriate channels and insist that due process is respected,” he said.

He also alleged that the party had faced attempts to frustrate its campaign, including restrictions on its billboards, attacks at campaign grounds and harassment of members.

According to him, such challenges would not deter the party from participating in the democratic process or seeking the support of voters across the state.

“No amount of intimidation should prevent the people of Ogun State from having a fair opportunity to choose leaders of choice,” Adebutu said.

He urged PDP members, supporters and residents of Ogun State to remain calm while the party takes the necessary steps to address the omission.

“The party has spoken, and the necessary steps are being taken to address this matter. I remain confident that it will be resolved, and I assure you that I will not abandon the struggle to bring the leadership and relief our people deserve,” he said.

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Adebutu described the party’s ambition as a broader effort to improve the welfare and development of Ogun State, rather than a struggle centred on an individual.

“Our cause is bigger than any individual. It is about the dignity of our people, the progress of our state and the right of Ogun people to determine our own future,” he said.

Reaffirming his commitment to the party’s campaign message, Adebutu said, “OGUN FOR OGUN is more than a slogan. It is a call for leadership rooted in our people, responsive to our needs and committed to our welfare.”

He concluded by urging supporters to remain focused and resolute, declaring: “The journey to a better Ogun continues.”

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12 killed, over three hundred injured as terror group attacks Saudi Arabia airport

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Twelve people were killed, while 309 others were injured following a deadly attack on the Riyadh’s international airport in Saudi Arabia by suspected Yemen’s Houthis.

The attack, reportedly the deadliest on Saudi soil in more than a decade, has prompted the Saudi-led coalition to vow on Sunday a decisive response against the group.

The coalition described the attack as a “full-fledged war crime” that a diplomatic source attributed to a missile.

The attack came during an unprecedented wave of Houthi strikes on the kingdom since a truce in the group’s long-running war with Yemen’s Riyadh-backed government unravelled in July.

The spiralling violence has raised the possibility of a wider escalation, with US President Donald Trump signalling Washington could join military action against the fighters.

A passenger told AFP they witnessed a strike in the airport’s domestic terminal.

“I was on gate 403,” the witness said. “I saw 401 hit, I saw injured in front of my eyes. Everyone was running.”

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According to reports, four Saudi citizens were among those killed in the attack, as well as two Bangladeshis, one US citizen, one Egyptian, one Jordanian, one Syrian, one Palestinian and one Sudanese, the kingdom’s civil aviation authority said in a statement.

It said some of the 309 wounded were in serious condition.

Operations at the airport were suspended following the attack and authorities said damage assessments were ongoing.

The attack prompted health officials to activate a rare mass call-up of doctors to deal with the “serious emergency situation”, a medical source said.

Two doctors said that several pilgrims headed to Mecca were among the wounded.

Schools in Riyadh switched to remote learning for the second time in a month.

Parents in the capital received emails Sunday seen by AFP, citing an order from the education ministry, saying “all schools in Riyadh will switch to distance learning for the entire week”.

“The cowardly terrorist attack by the Terrorist Houthi Militia… which resulted in deaths and injuries among civilian passengers and airport staff, constitutes a full-fledged war crime,” coalition spokesman Major General Turki al-Malki said in a statement on X.

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Earlier, the coalition said it had intercepted missiles targeting Saudi Arabia and destroyed launch platforms.

The Houthis claimed a series of attacks targeting the airport on Thursday that killed three people and damaged a plane, though they did not immediately take responsibility for any new strikes on Saturday.

Saturday’s attack was the deadliest in the kingdom since May 2015, when a suicide bombing by the Islamic State (IS) jihadist group killed 21 worshippers in a Shia mosque in the eastern Qatif governorate.

The civil war in Yemen flared back to life in July after a four-year, UN-brokered truce collapsed, months into a wider Middle East war that has rocked the region and roiled energy supplies and markets.

Saudi Arabia leads an international coalition that has supported Yemen’s government militarily since 2015 and is now being drawn deeper into its impoverished neighbour’s conflict.

Asked on Saturday whether he had changed his mind about joining Saudi strikes on the group, Trump said: “We may.”

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He said he would be speaking with Saudi Crown Prince Mohammed bin Salman, calling what happened in the kingdom “not acceptable”.

US media outlets have reported that previous Saudi requests for US military assistance in dealing with the Houthis have been rebuffed.

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