A former Minister of Power and Steel, Dr. Olu Agunloye has absolved himself of blame on the controversy surrounding the award a $6 billion contract to Sunrise Power and Transmission Ltd in respect of the Mambilla Hydropower Project in 2003, saying former President Olusegun Obasanjo and the Federal Government want to make him a scapegoat.
Obasanjo had, few days ago challenged Agunloye to tell Nigerians where he derived the authority to award the contract which is currently a subject of litigation between the Federal Government and the company.
Sunrise Power is currently in arbitration with Nigeria at the International Chamber of Commerce, ICC, Paris, France, over an alleged breach of contract by the federal government.
In the first arbitration, Sunrise is asking for a compensation of $2.3 billion, claiming it had spent millions of dollars on financial and legal consultants before the contract, which was an agreement to construct the 3,050MW plant in Mambilla, Taraba state was jettisoned.
In the second, the company is asking for a $400 million settlement being the terms of the agreement it entered with the federal government in 2020 to end the arbitration.
However, Nigerian authorities insist that the contract award was irregular and did not pass through due process.
Obasanjo in an interview with Cable had said “When I was president, no minister had the power to approve more than N25 million without express presidential consent. It was impossible for Agunloye to commit my government to a $6 billion project without my permission and I did not give him any permission”.
Responding to Obasanjo’s claim, Agunloye in a lengthy statement sighted by QUEST TIMES said the federal government is facing ” the resultant consequences of breaching agreements and cancelling contracts with impunity”.
According to him “some former and serving Government officials, perhaps including former President Obasanjo, now want to use me as a scapegoat-victim to cover up their inappropriate practices and to evade looming fines and damages at international arbitrations”.
Speaking further, Agunloye said while he awarded the Mambilla Power Project as a BOT at no cost to FG, “Obasanjo started to re-award the project as multiple procurement contracts at humongous costs to FGN and with associated corrupt practices which were uncovered by succeeding Presidents”.
The statement partly reads “Currently, some former and serving FGN officials are desperately attempting to “criminalise” the Mambilla Power Project by trying to make me the scapegoat with the sole aim to avoid consequent legal contractual obligations of the government arising from breaches of agreements with Sunrise”.
“When the former president, Chief Olusegun Obasanjo, sent an emissary, in person of his close young associate who is a Labour Party (LP) Chieftain to me on 26 August 2023 to discuss the Mambilla Power Project, I knew the former president was getting pretty anxious. My last encounter with the former President was in late last year, 2022 and early this year (2023) when the former president was frantically persuading leaders of the Social Democratic Party (SDP), of which I am the National Secretary, to team up with and support the then Presidential Candidate Peter Obi of the Labour Party (LP). We declined and turned down the entreaties of Obasanjo on behalf of LP”.
“Seven days later, on the 3 September 2023, The Cable News reported an extensive interview, granted by the former President titled: “I knew Buhari didn’t understand economics but didn’t know he was so reckless.” In this interview, the former president made misleading and incorrect statements on the Mambilla Power Project”.
” I have submitted a 53 paragraph, 14-page Statement backed with 15 Attachments in 82-page document as an affidavit to the courts in Nigeria and France in respect of the Mambilla Power Project to clear my name. In deference to Pa Obasanjo and as a mark of great respect to the former president, I have sent a copy of these documents through my lawyers to him to refreshen his memory”
“The former president was not correct when he referred to the award to Sunrise simply as a $6 billion contract (that is, N800 billion in 2003) under his watch. In truth, it was a Build, Operate and Transfer (BOT) contract in which the FGN did not need to pay any amount to the contractor, Messrs Sunrise Power and Transmission Company Limited (Sunrise). As a matter of fact, Sunrise has not been paid a single Naira or Dollar by the FGN from 2000 till date (14/9/23). Sunrise was to source for funds and execute the project with own funds”.
The investment of Sunrise to construct the Mambilla hydroelectric project up to completion stage to deliver electricity was adjudged at a maximum of $6 billion by four Ministers of Power and the former president (Chief Obasanjo) before I became minister of power. Sunrise was to recoup his investment from the sale of the generated electricity over a 30- to 40-year period at pre-determined tariffs, also agreed with FGN before May 2003″..
“I followed due process and got all necessary approvals for the BOT contract award to Sunrise on 22 May 2003 and there are records to show that Obasanjo propelled the processes from the beginning in 2000 to the end in May 2003. In fact, Sunrise started Mambilla project three years before I became Minister of Power and had arranged meetings with Chinese Companies and Chinese President in China in which three power ninisters and the then President Obasanjo attended between 2000 and 2002 before I was appointed Minister of Power. On the very day (28 Nov 2002), that I resumed office as minister of power, Pa Obasanjo himself, in a formal letter, handed me his presidential approval on the Sunrise proposal with an instruction that Sunrise be invited “for the final negotiations for the execution of the Mambilla Power Project.”
“No one needed query me for 20 Years. The following played out after I had ceased to be a minister from 29 May 2003. It turned out that (a) Between 2003 to 2007, President Obasanjo was attempting to invalidate the Sunrise May 2003 BOT contract on Mambilla Project; and (b) Between 2007 to 2015, the Yar’Adua and Jonathan presidencies recognised the Mambilla Project as a BOT contract validly awarded in May 2003, cancelled the component of it awarded as a procurement contract by President Obasanjo on the 28 May 2007 at $1.46 billion, and signed a fresh agreement on the Mambilla Hydropower Project in 2012 with Sunrise and (c) Between 2015 to 2023, the then President Buhari cancelled and re-awarded the Mambilla Power Project, and was making and breaching own Agreements with Sunrise”.
“In all of these, spanning 20 years, none of the presidents (Obasanjo, Musa Yar’Adua, Dr. Goodluck Jonathan or Muhammadu Buhari) asked me or questioned me about issuing any unauthorised Mambilla contract. This is because all the Nigerian presidents, including Obasanjo, were aware that I did nothing wrong”.
SOURCE: thequesttimes.com
