Lawyers Seek Disciplinary Action Against Malami Over ICC Tribunal Findings

The Society of Public Interest Lawyers in Nigeria SPI-LAW has petitioned the Legal Practitioners Disciplinary Committee (LPDC), seeking disciplinary proceedings against former Attorney-General of the Federation, Abubakar Malami, over findings in a recent arbitration involving the Federal Government and Sunrise Power and Transmission Company Ltd.

The group filed the petition following a September 17 ruling by an International Chamber of Commerce (ICC) arbitral tribunal in Paris, which dismissed a $2.35 billion claim brought against Nigeria by Sunrise Power over the Mambilla hydropower project dispute.

According to SPI-LAW, the tribunal made serious findings concerning Malami’s conduct during negotiations surrounding settlement agreements in the dispute.

The group alleged that the tribunal found Malami had maintained an inappropriate relationship with Leno Adesanya, the chief promoter of Sunrise Power, and had acted in ways that raised concerns about his conduct while serving as Attorney-General.

The tribunal also reportedly criticised Malami’s role in negotiating a proposed $200 million settlement, saying changes to its terms exposed Nigeria to an additional $200 million in potential default payments.

SPI-LAW said the findings warranted investigation by the LPDC, which is responsible for addressing professional misconduct by Nigerian legal practitioners.

The organisation’s president, John Aikpokpo-Martins, and vice-president, Olukunle Edun, supported the petition, arguing that the allegations contained in the international tribunal’s award raised serious questions about professional ethics and public confidence in the legal profession.

The lawyers urged the LPDC to determine whether Malami had a case to answer and, if so, invite him to respond to the allegations.

Malami has denied wrongdoing, maintaining that his actions in the matter were undertaken in Nigeria’s interest and that there was no evidence that he personally benefited financially from the transactions.

The Mambilla dispute centres on agreements involving the development of the Mambilla hydroelectric power project in Taraba State and subsequent claims brought against Nigeria by Sunrise Power.

The ICC tribunal’s dismissal of Sunrise Power’s claim represented a major legal development in the long-running dispute, while the findings concerning the conduct of officials involved in the negotiations have prompted calls for further scrutiny.