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 “professional misconduct and infamous conduct”.
On Monday, the group filed a petition against Malami at the
LPDC, the body established by law to handle disciplinary cases involving
Nigerian lawyers.
The group said the petition is anchored on the “damning,
detailed and reasoned” findings made against Malami at the International
Chamber of Commerce (ICC) arbitral tribunal in the case involving Sunrise Power
and Transmission Company Limited and the federal government.
The group announced that it has filed the petition through a
statement signed by Sadiya Saleh, its director of media and publicity.
BACK STORY
On September 17, the ICC in Paris ruled in favour of Nigeria
in the $2.35 billion award sought by Sunrise Power over the Mambilla hydropower
project.
The tribunal dismissed Sunrise’s claim that Nigeria breached
its contractual obligations under the settlement agreement and the addendum.
The ICC tribunal criticised Malami over his handling of the
dispute.
It said Malami maintained an “inappropriate relationship”
with Leno Adesanya, the promoter of Sunrise, and participated in what it
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 way 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 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 power minister 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.
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 pertains to the Mambilla hydropower project.
The former minister said there was no evidence presented
before the tribunal linking him to any financial benefit in the dispute.
‘PUBLIC CONFIDENCE IN LEGAL PROFESSION SEVERELY THREATENED’
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 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.”
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