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UPDATED: ‘$11bn P&ID awards obtained by fraud’, Nigeria wins historic case in UK court

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Justice Robin Knowles of the Commercial Courts of England and Wales has ruled in favour of Nigeria in the enforcement of a $11bn Process & Industrial Developments Limited (P&ID) arbitration award.

With the judgement handed down physically in open court, and electronically by email to the parties on Monday, Nigeria succeeded in stopping the enforcement of the award which was initially in favour of P&ID.

According to the judge, the award against Nigeria by the company was obtained by fraud.

“In the circumstances and for the reasons I have sought to describe and explain, Nigeria succeeds on its challenge under section 68. I have not accepted all of Nigeria’s allegations. But the Awards were obtained by fraud and the Awards were and the way in which they were procured was contrary to public policy,” Justice Knowles ruled.

In January 2017, a private arbitration tribunal ordered Nigeria to pay $6.6bn to P&ID with interest starting from May 2013. Before the verdict, the interest fixed at seven percent ($1m daily) had accumulated to over $11bn.

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Subsequently, Nigeria filed an appeal against the enforcement of the award and the court granted the relief sought by the country in September 2020. The Nigerian side argued that there was enough evidence that the contract and the arbitration award were procured by fraud.

The Nigerian side thereby urged the court to set the award aside, saying that some individuals in the case were being tried for money laundering and graft.

In his ruling, the judge not only agreed that the arbitration awards were obtained by fraud but also that they were procured was contrary to public policy.

He said, “What happened in this case is very serious indeed, and it is important that section 68 has been available to maintain the rule of law.
576. Section 68 (3) provides:

“(3) If there is shown to be serious irregularity affecting the tribunal, the
proceedings or the award, the court may—

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“(a) remit the award to the tribunal, in whole or in part, for reconsideration,

“(b) set the award aside in whole or in part, or

“(c) declare the award to be of no effect, in whole or in part.

“The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.

“I was asked by Lord Wolfson KC in closing that should my judgment conclude in
favour of Nigeria, as it does, to leave over the question of the order the Court should make so that the parties have the opportunity to present argument once they have considered the judgment. I respect that request and will hear that argument as soon as that can be arranged.”

 

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DR Congo army foils ‘coup attempt’

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The Democratic Republic of Congo (DRC) army says it has repelled an attempted coup d’etat.

 

The army said Congolese and foreign fighters were involved in the coup which was reportedly thwarted on Sunday morning.

 

Sylvain Ekenge, the DRC army spokesperson, spoke in a televised address on the state-run RTNC TV.

 

“An attempted coup d’etat has been put down by the defence and security forces. The attempt involved foreigners and Congolese. These foreigners and Congolese have been put out of action, including their leader,” Ekenge said.

 

Ekenge said several suspects have been detained and the “situation is now under control”.

 

The army spokesperson did not give further information about the incident.

 

His statement comes hours after armed men attacked the house of Vital Kamerhe, former chief of staff and close ally of President Felix Tshisekedi.

 

Kamerhe’s residence is about two kilometres from the presidential palace.

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Michel Muhima, Kamerhe’s spokesperson, had said the gunmen clad in military uniform engaged the politician’s guards in a shootout, leaving three people dead.

 

Muhima said two of the deceased were police officers attached to Kamerhe while the other was one of the attackers.

 

The unrest in the country comes amid a dispute in the ruling party over the postponement of an election for the leadership of the country’s national assembly.

 

President Tshisekedi met with parliamentarians and party leaders on Friday in a bid to resolve the crisis.

 

Tshisekedi was reelected as president in December 2023.

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20 rescue teams and drones sent to Iranian president helicopter crash site

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Twenty rescue teams and drones have been sent to the area where a helicopter carrying Iranian President Ebrahim Raisi and Foreign Minister Hossein Amir-Abdollahian crashed on Sunday, according to Iranian state news agency IRNA.

 

The pair, along with a group of dignitaries, were aboard the helicopter returning from a ceremony for an opening of a dam on Iran’s border with Azerbaijan when the aircraft “crashed upon landing in Varzaqan region on Sunday,” IRNA English reported.

 

“20 rescue teams and drones have been sent to the area, but due to the impassability of the area, its mountainous and forest conditions, as well as unfavorable weather conditions, especially heavy fog, the search and rescue operation will take time,” IRNA said.

IRNA also reported, citing locals, that the helicopter crashed in the Dizmar Forest area between the villages of Ozi and Pir Davood. Residents said they heard noises from the area, it added.

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Iran’s interior minister Ahmad Vahidi said one of the helicopters in a convoy was forced to make a hard landing due to foggy weather conditions.

 

“Now different rescue groups are moving toward the area, but given that it is foggy and the unsuitable weather and the conditions, it may take some time until they reach where the helicopter is,” said Vahidi during a televised address posted on Telegram by IRNA.

 

He added that there had been some contact with the passengers on the helicopter, but did not have further details.

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BREAKING: Helicopter carrying Iran’s president ‘crashes’

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 A helicopter carrying Iranian President Ebrahim Raisi on Sunday afternoon crashed in northwestern Iran, Iranian state media reports.

 

It is unclear if Raisi and others on board with him survived the crash.

 

IRNA, the state media, reported that Hossein Amirabdollahian, foreign minister; Malek Rahmati, governor of East Azarbaijan province; and Hojjatoleslam Al Hashem, Tabriz Friday prayer leader, were also on board the helicopter.

 

Raisi was reported to be returning from a ceremony to open a dam on Iran’s border with Azerbaijan when the helicopter crash landed in the Varzaqan region.

 

The dam is the third one that the two nations built on the Aras River, and it comes amid chilly relations between the two countries.

 

IRNA added that rescue and relief teams have been dispatched to the area, and search operations continue.

 

The media outfit said the foggy weather and the impassability of the area have frustrated efforts.

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There had been heavy rain and fog, along with some wind. IRNA called the area a “forest.”.

 

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