MAMBILLA IN FRANCE: Undesirable Impacts when Former Presidents became mere Defence Witnesses Spewing out Contradictions in the Box -By Ibrahim Mustapha Pambegua

In France, former President Obasanjo narrated the corruption in Nigeria, but the more he did, the more he reminded the Panel of his own standing and his recent BBC interview which labelled him as the “grandfather of corruption.” His testimony also brought the odious aura of the Haliburton Report signed by the Inspector General of Police listing listed him as sharing millions of US Dollars with others.

After listening to Chief Obasanjo, the Arbitration Panel virtually asked him: *_Are you also corrupt?_* It was not surprising that the Panel confronted the former President that he fabricated a perverted “21 May 2003 Federal Executive Council Conclusions,” which he brandished at the court. The former President denied this. Chief Obasanjo was also asked to explain how he was able to build a multi-million Dollar University.

The “Council Conclusions” being touted by the former president was said to be unvetted and not derived from any adopted Minutes of any of the Meetings of the Federal Executive Council. The document was said to have only surfaced in 2022 when the criminalisation strategy was being hatched by some “smart lawyers” serving under President Buhari to cover up mismanagement.

The document never surfaced from 2003 to 2007 when Chief Obasanjo was the President and the de facto Minister of Power, in spite that Sunrise Chinese partners were parading the 2003 BOT contract before the President and his ministers; in spite that Chief Afe Babalola, wrote to FGN in February 2005 that the BOT contract was legitimate.

The document never surfaced from 2007 to 2015 under Presidents Umaru Yar’Adua and Goodluck Jonathan in spite that (a) President Yar’Adua’s probe into the validity of the 2003 contract returned a “validly awarded contract”; (b), President Yar’Adua cancelled the President Obasanjo’s $1.4 billion contract and re-awarded the complete Mambilla project back to Sunrise; (c) President Jonathan signed a grand Mambilla contract (GPEA-2012) and re-awarded the Mambilla Project to Sunrise Company.

During the Buhari Presidency, the document did not surface in spite of President Buhari’s persistent directives to Power Minister Fashola to implement the GPEA 2012 before he (Buhari) became sick for a long time during which the Mambilla project was rewarded in 2017. Serious commercial dispute broke out from the 2017 award, the Chinese President waded in, and the Ministry of Power was re-assigned to another Minister. Then the Chinese President induced settlement were being negotiated and signed from 2019 to 2020. In all these, there was no Obasanjo’s “Council Conclusions” anywhere.

The former President Obasanjo contradicted himself in France by admitting that his Minister, Agunloye did not break any Nigerian law in awarding the BOT Mambilla contract in 2003. He also admitted that such laws came into force in 2005. The two former Presidents gave conflicting testimonies including on their impressions of Sunrise Company and on the legitimacy of the 2003 contract. There were discrepancies between the witness statements submitted and what they said before the panel. There were significant conflicts where the former presidents contradicted each other. These numerous contradictions may significantly impact the defence and counterclaims of the Government.