THE Society of Public Interest Lawyers in Nigeria (SPI-LAW) has asked the Legal Practitioners Disciplinary Committee (LPDC) to initiate disciplinary proceedings against Abubakar Malami, former Attorney-General of the Federation (AGF), over alleged “professional misconduct and infamous conduct”.
News Point Nigeria reports that the group filed a petition against Malami at the LPDC on Monday, the body established by law to handle disciplinary cases involving Nigerian lawyers.
SPI-LAW said the petition is anchored on the “damning, detailed and reasoned” findings made against Malami by an International Chamber of Commerce (ICC) arbitral tribunal in the case involving Sunrise Power and Transmission Company Limited and the Federal Government of Nigeria.
The group announced the filing of the petition in a statement signed by Sadiya Saleh, its Director of Media and Publicity.
On September 17, the ICC tribunal in Paris ruled in favour of Nigeria in the arbitration involving Sunrise Power and claims arising from the Mambilla Hydroelectric Power Project. The tribunal rejected Sunrise’s claims, including its claim arising from the 2020 settlement agreements.
The tribunal also criticised Malami over his handling of the dispute.
According to findings contained in the tribunal’s final award, Malami maintained an “inappropriate relationship” with Leno Adesanya, the promoter of Sunrise, and participated in what the tribunal described as a “corrupt deal” connected with the settlement agreements at the centre of the arbitration.
The tribunal said Malami was effectively negotiating for Sunrise rather than the Federal Government when he altered the terms of a proposed $200 million settlement in a manner that potentially doubled Nigeria’s exposure to $400 million, with interest accruing at 10 percent per annum compounded daily.
It also accused the former AGF of supplying then-President Muhammadu Buhari with incorrect information about the financial implications of the settlement and repeatedly seeking presidential approval even after Buhari had expressly refused to approve it.
In January 2020, Malami and then Minister of Power, Saleh Mamman, signed a settlement under which Nigeria would pay Sunrise $200 million.
The addendum signed in March divided the sum into two $100 million instalments and exposed Nigeria to an additional $200 million default payment, apart from interest. The tribunal subsequently held that the agreements were not binding on the Federal Government because the necessary presidential approval had not been obtained.
Reacting to the ICC final award, Malami said he acted in Nigeria’s interest during the dispute between Sunrise Power and the Federal Government as it pertained to the Mambilla Hydropower Project.
The former minister also said there was no evidence presented before the tribunal linking him to any financial benefit in the dispute.
Affidavits attached to the petition were deposed by John Aikpokpo-Martins, President of SPI-LAW, and Olukunle Edun, Vice-President.
The lawyers’ group said the allegations against Malami by the international tribunal have “severely threatened” public confidence in the legal profession.
The group said that if the LPDC fails to invite Malami to answer questions about the allegations, it would be sending a “catastrophic message” that high office confers immunity from the ethical standards of the profession.
“The office of Attorney-General of the Federation is the highest legal office in the land. Its occupant must embody absolute integrity, loyalty to the Federation, and fidelity to the rule of law,” the statement reads.
“When an international tribunal makes such grave findings against a former occupant of that office, public confidence in the legal profession in Nigeria, both locally and internationally, is severely threatened.
“SPI-LAW brings this Petition in the public interest pursuant to Rule 4 of the LPDC Rules, 2020. We believe that no one, no matter how highly placed, is above professional accountability.
“Failure to call the Respondent to answer would send a catastrophic message that high office confers immunity from the ethics of the Bar.
“We urge the LPDC, as the statutory guardian of the honour and integrity of the profession, to certify that there is a case to answer and to invite Mr. Malami, SAN, to defend the allegations.
“We emphasize that these are allegations for disciplinary inquiry based on the Tribunal’s findings; the LPDC will afford the Respondent full fair hearing as required by law.”