$3.38bn Mambilla claims: Nigeria wins as ICC rules for FG

International Chamber of Commerce (ICC) arbitration tribunal in Paris has ruled in favour of Nigeria in the long-running dispute involving Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project in Taraba State.

President Bola Ahmed Tinubu subsequently commended the Economic and Financial Crimes Commission (EFCC) for its investigation into the controversial contract, saying the ICC ruling had cleared a major legal hurdle that had stalled the project for years.

The dispute relates to the proposed 3,960-megawatt Mambilla Hydroelectric Power Project and a 2003 contract awarded to Sunrise Power under a Build, Operate and Transfer arrangement.

According to the EFCC, the investigation found that the contract was awarded on May 22, 2003, without approval from the Federal Executive Council, which was chaired at the time by former President Olusegun Obasanjo.

Sunrise subsequently commenced international arbitration proceedings against the Federal Government over disputes arising from the project.

The claims involved $680 million in a settlement-related demand and more than $2.7 billion in another arbitration connected with the project. Reports on the combined claims put the potential exposure at about $3.38 billion.

In its September 17, 2026 award, the ICC tribunal rejected Sunrise’s claims against Nigeria.

The tribunal also rejected the company’s claim for $400 million arising from a settlement arrangement, comprising a $200 million settlement sum and a further $200 million default amount.

President Tinubu, in a statement following the ruling, commended Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, the Federal Ministry of Justice team and Nigeria’s international defence team.

He also acknowledged the contributions of former President Olusegun Obasanjo and the late former President Muhammadu Buhari, who testified in the case, as well as former Ministers of Power Babatunde Fashola and Suleiman Adamu and other witnesses and experts.

The President specifically commended the EFCC for its investigation into the matter, which he said contributed to the defence of Nigeria’s position.

Tinubu said the government remained committed to working with genuine investors and honouring Nigeria’s legal obligations, while defending the country’s interests against claims it considers unfounded.

The EFCC said its investigation into the original contract also led to the prosecution of former Minister of Power Olu Agunloye over allegations surrounding the award of the contract. The criminal case has been pending since his arraignment in January 2024.

The tribunal’s ruling removes a significant legal dispute surrounding the Mambilla project.

However, the arbitration victory itself does not constitute a construction or financing agreement for the long-delayed power project.