A federal high court in Abuja has restrained the Economic and Financial Crimes Commission EFCC from prosecuting Leno Adesanya...
A federal high court in Abuja has restrained the Economic and Financial Crimes Commission from prosecuting Leno Adesanya, the promoter of Sunrise Power and Transmission Co., Ltd.In February, the EFCC declared Adesanya wanted over fraud allegations in the $6 billion Mambilla hydropower contract.Adesanya and Sunrise had in the suit marked FHC/ABJ/CS/267/2024 challenged the EFCC’s action.
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.
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.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.
In its defence at the arbitration, the Nigerian government alleged fraud and corruption of public officials in the award of the contract.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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