Why I didn’t testify in Sunrise Power, Nigeria arbitration hearing in France

A former Legal professional Basic of the Federation and Minister of Justice, Michael Aondoakaa, has defined his resolution to not testify within the ongoing arbitration proceedings between Dawn Energy and Transmission Firm Ltd and the Federal Authorities of Nigeria.

The arbitration proceedings are ongoing on the Worldwide Chamber of Commerce (ICC), Pars, France.

Mr Aondoakaa stated he was neither intimidated nor pressured by the federal government to withhold his testimony within the high-profile authorized dispute as claimed in media reviews.

Some reviews had stated Mr Aondoakaa out of the blue left Paris, France, after submitting a witness assertion in assist of Dawn, claiming that he was summoned again to Nigeria by President Bola Tinubu.

The report described the general technique of the Dawn group to allege witness intimidation by the Nigerian authorities and safe the sympathy of the tribunal members.

Cause for refusing to testify

Mr Aondoakaa described the reporting attributing his resolution to not testify within the case to the federal government’s intimidation as “false and deceptive.”

“I hereby state categorically that the stated narrative, as contained within the stated viral reviews on the social media house, is fake and doesn’t in any manner replicate the true state of the matter,” he said in a press launch on Monday.

Based on him, the choice to not testify was purely private and voluntary.

“I hereby state categorically that at no time by any means was I ever approached by any official or consultant of the Federal Authorities of Nigeria or some other particular person by any means on the problem of the Dawn Energy Arbitration, neither was I at any time or in any manner or in any method intimidated by any particular person or authorities official almost about the stated arbitration as insinuated within the stated viral publications” Mr Aondoakaa said/

The previous AGF defined that his witness assertion was initially ready in response to references made to him through the arbitration proceedings. Nonetheless, he later reconsidered his involvement after reviewing the broader context of the case.

“Since no proof was offered to the tribunal relating to the references to my particular person, and contemplating that the matter includes a number of former Attorneys Basic, I consider my testimony will not be essential to the case,” he said.

With out giving particulars, Mr Aondoakaa stated that paragraphs 165 and 166 of the assertion of defence of the Federal Republic of Nigeria (FRN) contained unfounded allegations towards him.

Mr Aondoakaa stated he didn’t testify to keep away from deceptive the tribunal, including that his testimony wouldn’t have offered a conclusive place on the dispute.

The previous Legal professional Basic additionally stated that his clarification was obligatory to stop the general public from being misled by inaccurate media reviews.

“I really feel you will need to set the information straight in order that the general public will not be swayed by inaccurate narratives being circulated,” he added.

Background

The authorized dispute between Dawn Energy and Transmission Firm Ltd and the Federal Authorities of Nigeria revolves across the controversial contract for the development of the three,050-megawatt Mambilla Hydropower Challenge in Taraba State.

The dispute started on 10 October 2017, when Dawn Energy filed an arbitration case towards Nigeria, looking for $2.354 billion in damages for an alleged breach of a 2003 settlement. The unique deal granted the corporate unique rights to execute the ability undertaking below a Construct, Function, and Switch (BOT) association.

In its declare, Dawn Energy argued that the Nigerian authorities violated the settlement by partaking Sinohydro Company Restricted, a Chinese language agency, to take over the undertaking. Consequently, Dawn Energy additionally included Sinohydro as a celebration to the arbitration proceedings.

To resolve the dispute, the Nigerian authorities entered right into a settlement settlement with Dawn Energy on 21 January 2020. Beneath the phrases of the settlement, the federal government dedicated to paying the corporate $200 million inside 14 days of signing, together with a ten per cent penalty in case of default.

Moreover, the deal reinstated Dawn Energy because the native content material accomplice for the hydropower undertaking, valued at $5.8 billion.

The settlement settlement was signed on behalf of the federal authorities by the then Legal professional Basic of the Federation, Abubakar Malamii, and the previous Minister of Energy, Sale Mamman.

Representing Dawn Energy, its Chairman and CEO, Leno Adesanya, endorsed the settlement. This settlement was supposed to facilitate the withdrawal of the arbitration case on the Worldwide Chamber of Commerce (ICC).

Nonetheless, the federal government did not hold to the settlement as a result of the China Exim Financial institution, which is anticipated to supply 85 per cent of the joint funding with the federal authorities for the Mambilla undertaking, had insisted on compliance with due course of and phrases of the November 2017 engineering, procurement and development (EPC) contract signed with the companions earlier than releasing the funds.

Because of the failure of the federal authorities to fulfil its monetary obligation of $200 million to Dawn Energy, Femi Falana, the corporate’s lawyer, filed a contemporary lawsuit at arbitration court docket on 11 Might 2021 demanding $400 million.