Tinubu set to break 40-year jinx on Mambilla Hydro Power Project

Mambilla Hydro-Electric Power plant

As events unfold in the Renewed Hope administration of President Bola Ahmed Tinubu, it is quite clear that he is a dogged fighter who takes firm, decisive decisions without bothering about whose ox is gored.
 
The Mambilla hydro project, however, has a funny twist to it, which requires focus on the nation’s development as its first priority, less schismatics and political legal jargons. 
 
The core fundamental issue is the funding, expertise and execution. With very challenging economic times, external funding can be most useful, especially for a very critical project of this magnitude and its economic benefits to its immediate environment and the nation at large.
 
The China Exim Bank had prepared to provide funding to the tune of $4.5 billion but also gave a condition that the Federal Government settle its dispute with the local content pioneer of the project, Sunrise Power Transmission Company Limited (SPTCL).
 
While a settlement was reached under the directive of former president Muhammadu Buhari, which was initiated by his late Chief of Staff, Abba Kyari, it happened that both the Minister of Justice and Minister of Power went into a legally binding settlement on behalf of the Federal Government with Sunrise and its chairperson, Mr. Leno Adesanya.
 
Unfortunately, the government failed to fulfill the terms of the agreement as a result of limited funds, as directed in a memo from the then president to his Minister of Justice. COVID-19 pandemic and its financial constraints on nation states was cited as the reason for the failed settlement.
 
Till date, Sunrise is still in court with the government but has reached a second resolution to either get settled directly by the Federal Government or have the statutory 15 per cent contribution by the government made to the Chinese to enable them settle Sunrise directly and move on with the project execution.
 
But some forces and elements are bent on sabotaging this framework, as it appears that the Federal Government’s foreign legal representative stands to make it a big cash out.
 
A total of $7 million dollars was approved by the Buhari-led administration and another $8 million dollars is being requested for approval.
Some argue that such a juicy fee is the reason anything and everything possible is being deployed to criminalise the promoter and the contract process, without any form of consideration for settlement.
 
The primary focus and question for President Tinubu still remains: Are the Chinese willing to fund the project and overlook Sunrise Power Transmission Company (SPTCL)?  The chances are very slim and more than unlikely, especially because the President of China, President Xi Jinping, had sent a delegation to enforce an amicable resolution with Sunrise as a condition to move forward.
 
It therefore becomes incumbent on President Bola Ahmed Tinubu to consider amicable settlement just like he rightfully did on OML 245, which has earned him enormous respect from the IOCs.
 
Legal luminaries, Chief Afe Babalola (SAN), Femi Falana (SAN), Wole Olanipekun (SAN), Prof. Wole Soyinka, many financial and energy experts, and even international organisations, had at different occasions advised amicable resolution of this lingering dispute.
 
In their opinions, the Federal Government’s chance of winning at the ICC is very slim. Questions are being raised why more government resources should be spent when the option of settlement is still on the table.
 
Proceeding with this viable project guarantees 3,050MGWs of hydro power electricity, 50,000 skilled jobs, short and long term economic spillovers for the North East region and the country at large.  Stakeholders are optimistic that President Tinubu would break this long haul jinx.

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