The Independent Media and Policy Initiative (IMPI) has called on the Federal Government to initiate proceedings before the Code of Conduct Tribunal (CCT) against former Vice-President Atiku Abubakar over an alleged undeclared $500,000 foreign transaction said to have occurred while he was in office.
The call followed IMPI’s review of a 616-page award issued by an International Chamber of Commerce (ICC) arbitration tribunal in Paris in connection with the long-running dispute over the 3,960MW Mambilla Hydroelectric Power Project.
In a policy statement signed by its Chairman, Dr Omoniyi Akinsiju, the group alleged that the arbitral award documented a $500,000 transfer made on January 30, 2003, from China Castle Investments, an offshore company linked to Sunrise Power promoter Leno Adesanya, into a United States Citibank account belonging to Jennifer Douglas, Atiku’s then-wife.
IMPI said the payment was made about two weeks before Sunrise Power submitted its tender for the Mambilla Build, Operate and Transfer (BOT) project, arguing that the timing raised questions requiring investigation by the appropriate Nigerian authorities.
According to the group, the ICC tribunal rejected an explanation that the payment represented a domestic foreign-exchange swap, citing what it described as a lack of supporting financial documentation. IMPI said the tribunal also treated the timing of the transaction as a significant red flag in assessing the circumstances surrounding the Mambilla concession.
Atiku’s legal team has maintained that the ICC tribunal did not issue an explicit finding or conviction of bribery against the former Vice-President.
However, Akinsiju argued that the circumstances surrounding the payment warranted examination under Nigeria’s constitutional and statutory framework governing the conduct of public officers.
“Under Section 7 of the Code of Conduct Bureau and Tribunal Act, public officers are strictly prohibited from maintaining foreign bank accounts,” he said.
Akinsiju added that if investigations established that Atiku was the ultimate source of the funds routed through an offshore entity, or that undeclared foreign accounts were maintained to service family interests while he was in office, such conduct could constitute a breach of the applicable rules.
IMPI also drew attention to what it described as evidence concerning the manner in which the Mambilla project was handled during the 2002–2003 concessioning period.
The group said diplomatic cables from the United States State Department, which were reviewed during the Paris arbitration proceedings, described Adesanya as an “Atiku insider” and indicated that he had direct access to the executive branch and accompanied official Nigerian delegations to China.
IMPI acknowledged that Atiku was not a direct signatory to the procurement process but argued that his position as Vice-President gave him significant influence over economic affairs of government at the time.
The policy group further contended that payments allegedly made to a public official’s relative or proxy around critical procurement dates should be subjected to appropriate scrutiny, even where a direct quid pro quo cannot be established.
“Even where direct quid-pro-quo instruction cannot be proven beyond reasonable doubt in civil arbitration, the existence of unverified, off-record offshore transfers creates an untenable conflict of interest,” the statement said.
“It compromised the integrity of the original administrative process and set a dangerous precedent for major infrastructure concessions in Nigeria.”
IMPI consequently urged anti-corruption and other relevant government agencies to investigate the financial transactions and strengthen institutional safeguards around major infrastructure concessions.
The group also examined possible sanctions that could arise if proceedings were successfully brought before the CCT, noting that while some administrative sanctions may no longer apply to former public officers, the tribunal has statutory powers relating to forfeiture of property and restrictions on holding public office, subject to the applicable law and the outcome of proceedings.
The allegations form part of renewed public scrutiny of the Mambilla project following the ICC arbitration ruling, which rejected claims brought by Sunrise Power against Nigeria in the long-running dispute.
