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UK court dismisses P&ID appeal, upholds £43m award in favour of Nigeria

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A court of appeal in the United Kingdom (UK) has dismissed the appeal of Process & Industrial Development (P&ID) on a previous judgment halting the enforcement of its $11 billion award against Nigeria.

 

In a unanimous decision, Lord Justice Snowden, the lead judge, permitted P&ID to appeal the judgment but dismissed the appeal.

 

The two other judges are Lord Justice Fraser and Julian Flaux.

 

BACKGROUND

P&ID had entered into a deal in 2010 to build a gas processing plant in Calabar, Cross River state, but the company said the agreement collapsed because the Nigerian government did not fulfil its end of the bargain.

 

The Nigerian government alleged that the gas deal was a scam conceived to defraud the country.

 

But P&ID denied the allegation and accused the Nigerian government of “false allegations and wild conspiracy theories”.

 

Consequently, P&ID took legal recourse and secured an arbitral award against the country.

 

On January 31, 2017, a tribunal ruled that Nigeria should pay P&ID $6.6 billion as damages, as well as pre and post-judgment interest at seven percent, which later amounted to $11 billion.

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In October 2023, Robin Knowles, justice of the commercial courts of England and Wales, halted the enforcement of the award by upholding Nigeria’s prayer that it was obtained by fraud and in violation of section 68 of the English Arbitration Act 1996.

 

The judge found that P&ID paid bribes to Nigerian officials involved in the drafting of the gas supply and processing agreement (GSPA) in 2010.

 

He also found that P&ID was illegally in possession of Nigeria’s privileged legal documents during the arbitration hearings.

 

The judge ordered that the company pay £43 million in compensation to Nigeria as legal fees and disbursements.

 

THE CONTENTIOUS ISSUES IN THE APPEAL

The judgment of the UK court of appeal was delivered on Friday.

 

In a copy of the judgment published on the UK judiciary website, one of the issues raised in the P&ID appeal bordered on whether the lower court was wrong to order the £43 million legal cost to be paid in British pound sterling and not in naira.

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The company argued that Nigeria funded its legal services by exchanging naira from its consolidated revenue fund.

 

“The second issue (which is only reached if this Court has jurisdiction and grants permission to appeal) is whether the Judge was right to order P&ID to pay Nigeria’s costs in sterling,” part of the court judgment reads.

 

“Although Nigeria was billed by its English lawyers in sterling and paid them in sterling, P&ID contends that Nigeria funded such payments by exchanging naira from its consolidated revenue fund, so that the Costs Order should have been in naira.

“The issue is of some financial consequence because the naira depreciated significantly against sterling in the period between Nigeria’s payments to its lawyers and the making of the Costs Order.

 

“Nigeria’s legal fees and disbursements are said to have amounted to around £43 million. P&ID asserts that payment of such fees and disbursements at the relevant times would have cost Nigeria a total of about 23 billion naira; but if P&ID is required to pay £43 million in costs now, that could be exchanged by Nigeria at the current rate to about 76 billion naira.”

READ  Nigeria would have lost $15bn to P&ID , says Buhari

 

Snowden, the lead judge, accepted the arguments of Nigeria that since the legal cost was paid in sterling, the cost order should be paid in the same currency.

 

“In my judgment, therefore, the judge was right to accept Nigeria’s straightforward submission that because Nigeria had been invoiced and had incurred its liability to its solicitors in sterling and had paid those bills in sterling, the court ought to make its Costs Order in sterling,” the judge ruled.

 

“I would therefore grant P&ID permission to appeal, but would dismiss the appeal.”

 

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Alleged ₦3.1bn fraud: How I delivered $15.8m cash to Suswan in his residence — Witness

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Abubakar Umar, the Sixth Prosecution Witness in the trial of former governor of Benue State, Gabriel Suswam has narrated before the Federal High Court, Maitama, Abuja presided over by Justice Peter Lifu, how in 2014, he converted the sum of ₦3.1bn wired to him by Suswam as governor, and delivered its equivalent of $15.8m in cash to him at his Maitama, Abuja residence.

 

This was revealed in a statement by Head, Media & Publicity, the Economic and Financial Crimes Commission, Dele Oyewale on Saturday.

 

Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia facing 11-count amended charges of money laundering to the tune of ₦3.1bn, being part of the proceeds from the sales of the state government’s shares held on its behalf by the Benue Investment and Property Company Limited, sold through Elixir Securities Limited and Elixir Investment Partners Limited.

 

During the court’s proceedings, the witness, a bureau de change operator and CEO of Fanffash Resources, who has been testifying on the matter since 2018, first, before Justice A.R Mohammed and later Justice Okon Abang, disclosed that the total sum of Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia are facing 11-count amended charges of money laundering to the tune of ₦3.1bn was transferred to him by Suswam, through a proxy in tranches with the first tranche of ₦413m hitting his account on August 8, 2014 and the remaining, coming in subsequently to sum up to ₦3.1bn.

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Umar, while being led in evidence by prosecution counsel, Rotimi Jacobs, SAN, affirmed that the proxy who did the naira transfers to him was a woman.

 

According to the witness, he had to change a total sum of ₦3.1bn to dollars, which he said amounted to $15.8 million at the rate of ₦197 to a dollar and delivered it to Suswam in his Maitama, Abuja residence.

 

“One day in 2014, when I was in the office, the former governor of Benue State asked me to meet him in his house in Maitama, Abuja. I went and met him in the house together with one fair woman. He asked me to give the woman my account number. I gave the woman my Zenith Bank account number. The woman said she’ll send money into that account.

 

“On the 8th of August 2014, N413 million was transferred to my account. Based on this, I called the former governor and he told me to change the money to dollars and I asked him to give me time to do that. Three days after I bought the dollar equivalent, I called the former governor and informed him that the money was ready. He now asked me to take the money to his house in Maitama, near Jumat Mosque. I now told him that he should inform the security at the gate that I was coming, if not they’ll not allow me access into the gate. I took a cab to the house, and after I arrived at the house, I knocked at the gate and they opened. I told them my name. They opened the first and second gates and I sat in the waiting room where he came and met me. I now brought out the money which we both confirmed to be the equivalent of the N413 million. The exchange rate then was N197”, he said.

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Testifying further, he said, “On the 12th of September 2014, N637 million was transferred to my account. After N637million was transferred to my account, after like 40 minutes N363 million was also transferred into my account. On 13th October 2014, N630, 008,50, (Six Hundred and Thirty Million, Eight Thousand and Fifty Naira) was also transferred to my account. On 17th October 2014 1,0068,000 (One Billion, Sixty-eight Million) was transferred to my account. It is the woman that was directed by the former governor to do the transfers. The total money transferred to my account was N3 billion”.

 

The witness who stated that he was neither arrested by the EFCC for giving any testimony in favor of the defendant, nor threatened by the Commission to give evidence against the defendant, further disclosed that he did not have receipts for the transactions, so also no record book for them, stating that he buys dollars from his fellow retailers and only records based on discretion.

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Justice Lifu adjourned the matter till October 4,2024, for continuation of trial.

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17 killed in mass shooting in South Africa

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Seventeen people have been killed in a mass shooting in a remote South African town.

According to the BBC, the police said two homesteads in the town of Lusikisiki in the Eastern Cape, were targeted.

At least 12 women and one man were said to have been killed in one location, with three women and one man murdered in a second location.

An 18th victim is in critical condition in hospital.

The police said a manhunt for the perpetrators is under way.

Senzo Mchunu, the police minister, is expected to provide an update and visit the area where the attack occurred.

South African media report that the victims were preparing to attend a traditional mourning ceremony for a mother and daughter who were murdered a year ago.

They were packing goods and presents, including furniture, for the event when the attacked occurred on Friday night.

“The gunmen came and shot randomly, killing everyone. Women and children were also killed in the bloody shooting,“ the reports read.

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“This has left the community terrified.”

Officials are yet to determine the motive or make any arrests.

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Tinubu’s planned cabinet reshuffle won’t make any difference, says Buba Galadima

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Buba Galadima, a chieftain of the New Nigeria Peoples Party (NNPP), says President Bola Tinubu‘s planned cabinet reshuffle would not make any difference.

On September 25, Bayo Onanuga, special adviser to the president on information and strategy, said Tinubu “has expressed his desire to reshuffle his cabinet and he will do it”.

 

Speaking on Politics Today, a programme on Channels TV on Friday, Galadima said reshuffling the cabinet would not curb food inflation.

 

Galadima claimed that the president intends to reward his cronies with the reshuffle.

 

“That (planned cabinet reshuffle) has nothing to do with me or any Nigerian. What is of importance to all of us is bringing down the harsh conditions of living and the buck stops only on the table of one man. That is President Bola Ahmed Tinubu,” Galadima said.

 

“No amount of reshuffling can make a difference. As far as that team is only ‘job for the boys,’ nothing will come out of it.

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“Anybody that calls himself president or governor is responsible for their cabinet’s performance. He should be told that some of his appointees are more interested in their pockets than service delivery.

 

“I expected him to do better than this; and to hit the ground running.”

 

The NNPP chieftain asked Tinubu to find a solution to the country’s foreign exchange crisis “which has seen the naira performing abysmally”.

 

There have been growing calls from Nigerians and members of the All Progressives Congress (APC) for Tinubu to reshuffle his cabinet and remove underperforming ministers.

 

Tinubu’s policies have driven petrol prices to record highs and depreciated the naira to record lows since he assumed the reins on May 29, 2023.

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