A Federal High Court in Abuja has directed the Economic and Financial Crimes Commission (EFCC) to immediately remove Leno Adesanya, the promoter of Sunrise Power and Transmission Company Ltd, from its list of wanted individuals in connection with the $6 billion Mambilla hydropower project.
The ruling, delivered by Justice Inyang Ekwo on Monday, was part of a fundamental rights enforcement suit filed by Adesanya and his firm against the EFCC, the Federal Ministry of Power and Steel, the Federal Government, and the Attorney General of the Federation (AGF).
Justice Ekwo agreed with Adesanya’s counsel, M. S. Diri (SAN), that since the Ministry of Power had contested Sunrise’s claims and counter-claimed before the International Chamber of Commerce (ICC) Court of Arbitration, the arbitral process must be respected. The court emphasized the importance of maintaining the integrity of the arbitration, which is being conducted under international dispute resolution conventions that Nigeria adheres to.
The judge also issued an order, stating, “A mandatory injunction is hereby made directing and compelling the EFCC, whether by itself or through its officers, agents, servants, or any other means, to immediately take down, delete, and remove the name and photograph of the first plaintiff as a ‘wanted person’ from its website: https://www.efcc.gov.ng and all other social media platforms and notice boards; and to remove all other negative content concerning or relating to the first plaintiff in connection with any criminal allegations.”
Justice Ekwo highlighted the need for Nigeria to ensure its international commercial transactions remain secure, cautioning against the use of domestic laws or agencies to undermine investors in the event of a dispute. He pointed out that Sunrise has initiated fresh arbitration proceedings against the Nigerian government, which are ongoing.
While noting that constitutional rights are not absolute, Justice Ekwo held that the EFCC’s actions, including publishing Adesanya’s name and photograph as a “wanted person,” were unjustified. He ruled that the EFCC does not have the legal authority to investigate or prosecute the contractual dispute between Sunrise and the Ministry of Power, which is under arbitration at the ICC.
Adesanya and his firm claimed that “they were being witch-hunted following the Federal Government’s failure to comply with the contractual agreement relating to the Mambilla project and their institution of an arbitral proceeding against the country.”
The court then prohibited the EFCC from labelling Adesanya as “wanted” and instructed the immediate removal of his name and photograph from the EFCC website and other platforms.
