●By Amb. Fisan Bankale, Chairman, Alpha Justice and Advocacy Group
Dr. Olu Agunloye, former Minister of Power and Steel (2002–2003) under President Olusegun Obasanjo, has accused the former president of deliberately spreading falsehoods to obscure his own record regarding the Mambilla power project. This accusation comes amid allegations and a legal case tied to the Build, Operate, and Transfer (BOT) contract awarded by Agunloye to Sunrise Power Company in 2003.
Dr. Agunloye, now the National Secretary of the Social Democratic Party (SDP), is facing a seven-count charge brought by the Federal Government of Nigeria (FGN) at the FCT High Court over the contract. Speculation arose about whether Agunloye would testify at the International Arbitration Court of the International Chamber of Commerce in Paris, where Nigeria is embroiled in a dispute with Sunrise Power Company.
However, in a recent statement, Agunloye dismissed these speculations:
“I have no plans for Paris. Nigeria is not at arbitration because of me or the 2003 BOT contract I awarded. The government seeks to use me as a scapegoat to portray systemic corruption to the arbitration panel and undermine Sunrise’s claims.”
Historical Context and Alleged Misrepresentation
Agunloye claimed his challenges stem from personal conflicts between President Obasanjo and two of his associates: former Vice President Atiku Abubakar and Leno Adesanya, owner of Sunrise Power Company. According to Agunloye, Obasanjo feigned ignorance of the BOT contract during his presidency and later distorted the facts in public and judicial settings.
Agunloye further stated that the arbitration in France arose from actions taken by successive administrations, particularly under President Buhari. In 2017, then-Minister of Power Babatunde Fashola bypassed a 2012 agreement signed under President Goodluck Jonathan with Sunrise and awarded the contract to another company. Despite advice from the Chinese government to resolve the dispute amicably, the FGN failed to honor two settlement agreements, leading Sunrise to return to arbitration.
Government’s Strategy Criticized
Agunloye accused the FGN of resorting to a “criminalization strategy” to bolster its case in arbitration. He alleged that false corruption charges and fabricated evidence are being used to discredit him and other individuals linked to the project.
“The government is spreading misinformation and using me as a pawn to divert attention from the actions of its own officials and four former presidents who handled the project over two decades,” he said.
Timeline of Events
- 2003–2007: Obasanjo’s administration ignored the BOT contract, implemented new procurement laws, and awarded a $1.4 billion subcontract for the Mambilla project on his last day in office.
- 2007–2010: President Yar’Adua validated the BOT contract in 2007 but canceled Obasanjo’s subcontract in 2008 before re-awarding the project to Sunrise.
- 2012: Under President Jonathan, a General Project Execution Agreement (GPEA) was signed with Sunrise and Chinese partners.
- 2015–2017: Fashola ignored Buhari’s directives to respect the GPEA and re-awarded the contract, leading to arbitration.
Legal and Arbitration Fallout
Agunloye criticized the FGN for its mishandling of the arbitration and for prematurely criminalizing him. He cited attempts by the Economic and Financial Crimes Commission (EFCC) to retroactively tie him to bribe allegations, which witnesses failed to substantiate in court.
Meanwhile, former Presidents Obasanjo and Buhari are expected to testify at the arbitration in Paris. Agunloye remarked on the irony of the two leaders potentially undermining their own administrations by portraying Nigeria’s governance as corrupt and dysfunctional.
