The Court of Appeal in Abuja has temporarily stayed the enforcement of a Federal High Court ruling that barred the Economic and Financial Crimes Commission (EFCC) from investigating Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, over alleged criminal activities linked to the $6 billion Mambilla hydropower project.
A three-member panel of the appellate court, led by Justice Joseph Oyewole, issued the ruling after the attorney general of the federation (AGF) applied for a stay of execution.
The case stems from a September 23, 2024, judgment by Justice Inyang Ekwo of the Federal High Court which directed the EFCC to remove Adesanya from its wanted list concerning the Mambilla project.
Justice Ekwo ruled in response to a lawsuit filed by Adesanya’s counsel M.S. Diri (SAN) seeking to stop further investigations, public listings or criminal charges against Adesanya due to ongoing arbitration proceedings at the International Chamber of Commerce Court of Arbitration in Paris.
The EFCC earlier declared Adesanya wanted, alleging conspiracy and corruption related to the hydropower project. However, Adesanya’s legal team argued that the project, initiated during former President Olusegun Obasanjo’s administration, was yet to receive funding despite significant government approvals and international agreements.
Justice Ekwo, in his judgment, stated that the EFCC’s actions including naming Adesanya as a wanted person violated the sanctity of the arbitration proceedings.
He ruled that the EFCC lacked authority to investigate or prosecute a contractual dispute still under international arbitration.
Challenging this decision, the AGF’s counsel T.A. Gazali (SAN) appealed to the Court of Appeal, arguing that executing the ruling before resolving the appeal would cause irreparable harm.
Justice Oyewole, delivering the appellate court’s ruling, agreed, stating that the balance of convenience favoured staying the Federal High Court’s judgment until the appeal’s determination.
