Nigeria has won a case in the UK against Process and Industrial Developments (P&ID). A London high court on Monday ruled in favour of the Federal Government of Nigeria in the case marked CL-2019-000752.
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The government had asked the court to overturn the US$6.6 billion arbitrary judgement against Nigeria over a failed 2010 deal to develop a gas processing plant.
Judge Robin Knowles of the Business and Property Court dismissed the arbitration award in favour of P&ID which after accruing interest, was worth US11.5 billion. The Judge ruled that the award were obtained by fraud and what has happened in the case is contrary to public policy.
P&ID claimed it entered into an agreement with Nigeria to build a gas processing plant in Calabar, Cross River state, but the deal collapsed because the Nigerian government did not fulfil its end of the bargain.
It claimed that Nigeria violated the terms of its agreement by failing to provide gas for the power plant it wants to build for the country.
It went further to claim that the case has frustrated the construction of the Gas Project agreed to during the government of former president Umaru Yar’Adua. In addition it deprived P&ID the potential benefits expected from 20 years’ worth of gas supplies with “anticipated profits of $5 to $6 billion,” the company claimed.
The arbitral tribunal in 2017, unanimously decided that the Federal Government had repudiated the GSPA by failure to perform its obligations under the GSPA. It then went on to award P&ID US$6.6 billion which it ruled the company was entitled to.
Prior to arbitration, former president Goodluck Jonathan government reached an out-of-tribunal agreement for the payment of $850 million. The responsibility of making the payment was passed on to the administration of President Buhari.
Former President Buhari who took office in May 2015, set aside the settlement agreement and went on to challenge the enforcement of the award before the English Commercial Court.
Business Day chronicled the events that followed as below;
The London Court added $2.4 billion in interest making it $9bn.
The judge granted Nigeria’s request for a stay on any asset seizures while its legal challenge is pending, but ordered it to pay $200 million to the court within 60 days to ensure the stay. It also must pay some court costs to P&ID within 14 days.
The original decision on Aug. 16 converted an arbitration award held by P&ID to a legal judgment, which would allow the British Virgin Islands-based firm to try to seize international assets.
Nigeria then began investigating the company through the EFCC and found evidence of two bank transfers totalling $20,000 made by Dublin-based Industrial Consultants (International) Ltd. — part of the P&ID group of companies — to Grace Taiga, a Nigerian government lawyer who oversaw the award of the gas plant contract.
The payments, in 2017 and 2018, were made from an Industrial Consultants account at Allied Irish Banks and were purportedly for “medical costs,” Bala Sanga, the lead prosecutor, said in the interview.
Based on this new evidence, it called ‘seismic’ Nigeria filed fraud challenges against P&1D but the company has failed to respond to the charges.
“It is increasingly clear that this was a highly orchestrated scam, involving a cover-up by ministers at the highest levels of office in the previous administration,” says a spokesperson for the attorney general.
“These officials, who were entrusted to safeguard the future and assets of Nigeria, knowingly entered into the sham GSPA, and deliberately failed to defend the Federation in the ensuing arbitral proceedings,” the statement said.
The statement further said that P&ID’s lawyers have not been able to prove that it legitimately, and lawfully, secured a 20-year contract worth hundreds of millions of Naira.
“The company has yet to even demonstrate that they had the credentials in the first place to carry out such a complex arrangement, nor provide any evidence of tangible investment or land-holding.
“The award in question, which amounts to over eight times Nigeria’s national health budget, could be used for far more important, and genuine, public issues at the current time.
“Nigeria simply cannot afford to have our future threatened by a sham company that is not even capable of answering to the concrete evidence of fraud levelled against them.”
With a depleted excess crude account and low returns from even lower crude oil prices, Nigeria does not even have the capacity to pay the judgement debt.
Nigeria’s International assets, oil cargoes, P&ID were supposed to be seized, if Nigeria lost the appeal.
Nnamdi Maduakor is a Writer, Investor and Entrepreneur
