The Abuja Division of the Court of Appeal Thursday stayed the execution of a Federal High Court judgment which barred the Economic and Financial Crimes Commission (EFCC) from investigating Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, over allegations bordering on the $6 billion Mambilla hydropower contract.
The appellate court’s decision was against the backdrop of an application for stay before it, which was filed by the Attorney General of the Federation’s counsel, T.A. Gazali SAN.
Before now, the EFCC had declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers” related to the Mambilla project.
Earlier, Justice Inyang Ekwo in a judgment delivered in September, had ordered the agency to remove from its wanted list the name of Mr Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, from any criminal allegations related to the $6 billion Mambilla hydropower contract.
During the proceedings at the lower court, Adesanya’s lawyer asked the court to determine the propriety of the EFCC’s powers to investigate the commercial transaction between his client, the federal government, and the Ministry of Power.
Diri argued that Adesanya, seeking to ensure sustainable power in Nigeria, proposed constructing the Mambilla Hydroelectric Project through Sunrise as the special purpose vehicle to drive the project.
He noted that Sunrise and its Chinese partners, North China Power and China Hydroelectric companies, held various meetings in China with three Power Ministers regarding the Zungeru and Mambilla projects.
However, the Attorney General of the Federation (AGF) appealed the judgment and also requested that the court stay execution of the judgment.
The three-member panel of the appeal court, led by Justice Joseph Oyewole, upheld the AGF’s submission about the potential damage occurring if the judgment is not stayed.
