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The Court of Appeal, Abuja Division, has stayed the execution of the September 23 judgment of the Federal High Court in Abuja, which ordered the Economic and Financial Crimes Commission (EFCC) to delete the name of Leno Adesanya, the promoter of Sunrise Power and Transmission Company Ltd, from its list of wanted persons. This relates to allegations connected to the $6 billion Mambilla hydropower project contract.
In a unanimous ruling on Thursday, a three-member panel of the appellate court upheld the argument presented by the Attorney General of the Federation (AGF) that executing the judgment before determining a pending appeal would cause irreparable harm. The appeal questions the jurisdiction of the Federal High Court to hear the suit.
Justice Joseph Oyewole, in the lead ruling, held that the AGF’s motion for a stay of execution was not an abuse of process, as claimed by Adesanya and his firm. He further stated that the balance of convenience favored granting the relief sought by the AGF.
The court issued an order staying the execution of the September 23 judgment delivered by Justice Inyang Ekwo, pending the resolution of the AGF’s appeal against the decision.
Justice Ekwo had earlier ruled in favor of Adesanya and his firm in a fundamental rights enforcement suit (FHC/ABJ/CS/267/2024). The suit was filed against the EFCC, the Federal Ministry of Power, the Federal Government, and the AGF. Justice Ekwo found that the EFCC had no legal authority to investigate or prosecute the contractual dispute between Sunrise and the Federal Government, as the matter was already before the International Chamber of Commerce (ICC) Court of Arbitration in Paris.
The judge emphasized the need to respect the integrity of ongoing arbitral proceedings, citing Nigeria’s obligations under the United Nations Conventions on International Dispute Resolutions. He criticized the Ministry of Power for creating an environment where international transactions could be deemed unsafe, potentially undermining investor confidence.
Justice Ekwo further declared that the EFCC had no valid defense for publishing Adesanya’s name and photograph as a “wanted person” on its website. He issued an order quashing and prohibiting the publication of such materials and directed the EFCC to immediately remove all related content from its website and social media platforms.
Adesanya and his firm alleged they were being targeted due to their legal actions against the Federal Government regarding the Mambilla project. They claimed the government and its agencies, including the EFCC, were attempting to criminalize and tarnish the project to evade contractual obligations.
