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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.

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

 

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.”

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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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US releases identities of 24 Nigerians arrested for alleged fraud, money laundering

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The United States Department of Homeland Security (DHS) has released the names and photographs of 24 Nigerians arrested by immigration authorities in relation to alleged criminal offences, as the country continues its deportation operations.

According to the DHS, the suspects were arrested in different parts of the United States by Immigration and Customs Enforcement (ICE).

The alleged offences listed against them include wire and mail fraud, money laundering, drug-related crimes, identity theft, assault, forgery and cruelty towards a child.

In a statement announcing the arrests, the DHS said the publication was intended to show non-US citizens with criminal records who had been arrested by immigration enforcement officers.

“The U.S. Department of Homeland Security is highlighting the worst of worst criminal aliens arrested by the U.S. Immigration and Customs Enforcement (ICE),” the statement reads.

“Under DHS leadership, the hardworking men and women of DHS and ICE are fulfilling President Trump’s promise and carrying out mass deportations – starting with the worst of the worst – including the illegal aliens you see here.”

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The list released by DHS identifies the Nigerian nationals, the alleged offences associated with their arrests and the locations where they were apprehended.

The list published by the department identifies the Nigerian nationals, the offences associated with their cases and the locations where they were arrested.

Emmanuel Omowaiye was arrested for mail fraud in  Richmond, Texas.

Laurene Onwuka arrested for fraud and impersonation in Chantilly, Virginia.

Olusegun Shonekan arrested for wire fraud in Newark, New Jersey.

Olusegun Olaseni was arrested for amphetamine sale in Greencastle, Indiana.

Peter Ude was arrested for wire fraud; in Atlanta, Georgia.

Newton Jemide was arrested for wire fraud, conspiracy and mail fraud in  Fort Dix, New Jersey.

Shedrack Umukoro was arrested for money laundering, Yazoo City, Mississippi.

Olasoji Akinbode was arrested for fraud and impersonation in Kearny, New Jersey.

Oluwatosin Afolabi was arrested for fraud, Conroe, Texas.

Alameen Adetunji Tokosi was arrested for drug possession in Chicago, Illinois.

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Joshua Ipoade was arrested for wire fraud in Atlanta, Georgia.

Michael Orji was arrested for weapons violation, fraud, identity theft, wire fraud, false citizenship and money laundering in Oxford, Wisconsin.

Ahmadu Apooyin was arrested for drug-related offence in Baltimore, Maryland.

Teslim Kiriji was arrested for money laundering in Yazoo City, Mississippi.

Onomen Uduebor was arrested for identity theft in Seattle, Washington.

Charles Ochi was arrested for money laundering in white Deer, Pennsylvania.

Daniel Eta was arrested for wire fraud in White Deer, Pennsylvania.

Ifeanyi Ibennah was arrested for cruelty towards a child in Tampa, Florida.

Kazeem Runsewe was arrested for wire fraud in Thomson, Illinois.

Fatiu Lawal was arrested for wire fraud in Lompoc, California.

Justin Akubueze was arrested for money laundering in Orem, Utah.

Moyinoluwaseun Okeowo was arrested for larceny, forgery and concealing stolen property in Orlando,
Florida.

Babajide Oluwaseun Faseyi was arrested for assault in Alden, New York.

Bright Eigbedion was arrested for money laundering in Lompoc, California.

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Ogun 2027: Adebutu faults INEC over exclusion from governorship candidates list, tells supporters to remain calm

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Oladipupo Adebutu, the Peoples Democratic Party (PDP) governorship candidate in Ogun State, has faulted the decision of the Independent National Electoral Commission (INEC) to leave out his name from the list of governorship candidates.

Adebutu, in a statement addressing the development, said he remained a registered member of the PDP and had completed the necessary registration and documentation within the stipulated period.

“I have not at any point left the PDP, and my commitment to our great party remains unwavering,” he said.

According to him, the governorship primary that produced him as the party’s candidate was conducted with INEC officials present as observers, adding that relevant documents were submitted for verification, certification and confirmation.

The PDP candidate said the circumstances surrounding the exclusion raised concerns, particularly as other party candidates contesting for the House of Assembly, House of Representatives and Senate had appeared on INEC’s published lists.

Adebutu said the Ogun State PDP had expressed concern over what it described as undue pressure from the ruling All Progressives Congress (APC) on INEC, adding that the party would pursue the matter through appropriate channels.

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“We will pursue this matter through the appropriate channels and insist that due process is respected,” he said.

He also alleged that the party had faced attempts to frustrate its campaign, including restrictions on its billboards, attacks at campaign grounds and harassment of members.

According to him, such challenges would not deter the party from participating in the democratic process or seeking the support of voters across the state.

“No amount of intimidation should prevent the people of Ogun State from having a fair opportunity to choose leaders of choice,” Adebutu said.

He urged PDP members, supporters and residents of Ogun State to remain calm while the party takes the necessary steps to address the omission.

“The party has spoken, and the necessary steps are being taken to address this matter. I remain confident that it will be resolved, and I assure you that I will not abandon the struggle to bring the leadership and relief our people deserve,” he said.

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Adebutu described the party’s ambition as a broader effort to improve the welfare and development of Ogun State, rather than a struggle centred on an individual.

“Our cause is bigger than any individual. It is about the dignity of our people, the progress of our state and the right of Ogun people to determine our own future,” he said.

Reaffirming his commitment to the party’s campaign message, Adebutu said, “OGUN FOR OGUN is more than a slogan. It is a call for leadership rooted in our people, responsive to our needs and committed to our welfare.”

He concluded by urging supporters to remain focused and resolute, declaring: “The journey to a better Ogun continues.”

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12 killed, over three hundred injured as terror group attacks Saudi Arabia airport

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Twelve people were killed, while 309 others were injured following a deadly attack on the Riyadh’s international airport in Saudi Arabia by suspected Yemen’s Houthis.

The attack, reportedly the deadliest on Saudi soil in more than a decade, has prompted the Saudi-led coalition to vow on Sunday a decisive response against the group.

The coalition described the attack as a “full-fledged war crime” that a diplomatic source attributed to a missile.

The attack came during an unprecedented wave of Houthi strikes on the kingdom since a truce in the group’s long-running war with Yemen’s Riyadh-backed government unravelled in July.

The spiralling violence has raised the possibility of a wider escalation, with US President Donald Trump signalling Washington could join military action against the fighters.

A passenger told AFP they witnessed a strike in the airport’s domestic terminal.

“I was on gate 403,” the witness said. “I saw 401 hit, I saw injured in front of my eyes. Everyone was running.”

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According to reports, four Saudi citizens were among those killed in the attack, as well as two Bangladeshis, one US citizen, one Egyptian, one Jordanian, one Syrian, one Palestinian and one Sudanese, the kingdom’s civil aviation authority said in a statement.

It said some of the 309 wounded were in serious condition.

Operations at the airport were suspended following the attack and authorities said damage assessments were ongoing.

The attack prompted health officials to activate a rare mass call-up of doctors to deal with the “serious emergency situation”, a medical source said.

Two doctors said that several pilgrims headed to Mecca were among the wounded.

Schools in Riyadh switched to remote learning for the second time in a month.

Parents in the capital received emails Sunday seen by AFP, citing an order from the education ministry, saying “all schools in Riyadh will switch to distance learning for the entire week”.

“The cowardly terrorist attack by the Terrorist Houthi Militia… which resulted in deaths and injuries among civilian passengers and airport staff, constitutes a full-fledged war crime,” coalition spokesman Major General Turki al-Malki said in a statement on X.

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Earlier, the coalition said it had intercepted missiles targeting Saudi Arabia and destroyed launch platforms.

The Houthis claimed a series of attacks targeting the airport on Thursday that killed three people and damaged a plane, though they did not immediately take responsibility for any new strikes on Saturday.

Saturday’s attack was the deadliest in the kingdom since May 2015, when a suicide bombing by the Islamic State (IS) jihadist group killed 21 worshippers in a Shia mosque in the eastern Qatif governorate.

The civil war in Yemen flared back to life in July after a four-year, UN-brokered truce collapsed, months into a wider Middle East war that has rocked the region and roiled energy supplies and markets.

Saudi Arabia leads an international coalition that has supported Yemen’s government militarily since 2015 and is now being drawn deeper into its impoverished neighbour’s conflict.

Asked on Saturday whether he had changed his mind about joining Saudi strikes on the group, Trump said: “We may.”

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He said he would be speaking with Saudi Crown Prince Mohammed bin Salman, calling what happened in the kingdom “not acceptable”.

US media outlets have reported that previous Saudi requests for US military assistance in dealing with the Houthis have been rebuffed.

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