Connect with us

News

Fresh Post-Judgment Cost: How Justice Ekwo bailed Nigeria From $11bn P&ID Scam

Published

on

In 2023, Nigeria was tethering over the cliff of bankruptcy when a British Virgin Islands registered company Process and Industrial Developments, P&ID desperately pursued the enforcement of an $11 billion arbitration award against Nigeria over a failed gas processing contract.

The gas supply and processing agreement, GSPA for the construction of a processing plant in Calabar, Cross River State began with a Memorandum of Understanding, MOU signed in July 22, 2009 by then Minister of Petroleum Rilwanu Lukman (now late) and witnessed by the director of legal in the ministry, Grace Taiga. The chairman of P&ID, Michael Quinn (now late) signed for his company with the commercial director, Muhammad Kuchazi as witness. The MOU was followed by a formal agreement on January 11, 2010

The deal however did not sail through. Nigeria later alleged that the entire venture was steeped in fraud and the agreements consummated under dubious circumstances. But for P&ID, Africa’s biggest gas nation was guilty of contract breach.

The company later dragged Nigeria to the United Kingdom where it commenced arbitration proceedings before the London Court of International Arbitration, demanding $5.96 billion in compensation. In July 2015, the arbitration tribunal agreed with P&ID that Nigeria had indeed breached the terms of contract and in January 2017, asked Nigeria to pay the sum of $6.7 billion including interest. Armed with the award, P&ID began moves towards enforcement, setting into motion a complex legal process by Nigeria to extricate itself from possible sovereign insolvency.

Advertisement

By 2023, the award and accumulated interests had risen to $11 billion. But for Nigeria to get itself out of financial sanctions, it had to adduce evidence to prove that the P&ID deal itself was fraught with fraud.

In 2019, a criminal complaint was filed before Justice Inyang Ekwo, of the Federal High Court in Abuja wherein P&ID incorporated in the British Virgin Islands and P&ID Nigeria limited were charged with 11 counts of fraud, false representation, felony, tax evasion and criminal concealment of funds.

The former through its commercial director, Muhammad Kachuzi pleaded guilty to 10 out of the 11 counts while the latter represented by its director, Adamu Usman pleaded guilty to the entire counts.

While delivering his judgment, Justice Ekwo noted the flagrant abuse committed by the company which, as revealed by the investigators, showed that P&ID did not get a Certificate of No Objection from the Bureau of Public Enterprises, BPE for the purpose of the said contract. It was also revealed that P&ID made “a little above N3, 000,000.00 tax payment”, effectively undercutting the Nigerian government of N10, 000,000.00 in tax liabilities.

Advertisement

The company had also failed to make a declaration of its activities to the Special Control Unit against Money Laundering, as legally required. Justice Ekwo concluded that there was overwhelming evidence leading to his conviction of both the foreign and locally registered P&ID. While the details of the proof of evidence revealed gross abuse of office and economic sabotage, it took the unwavering stance of the presiding judge to make it happen.

Significantly, it was learnt that those behind the controversial P&ID deal were desperate to bribe their way through with anyone who stood in the way of them securing the billion dollars award. As it turned out, it was Justice Ekwo’s judgement convicting P&ID that the Ngerian government eventually filed before Justice Ross Cranston of the Business and Property Courts of England and Wales to suspend the enforcement of the arbitration award.

Justice Ekwo’s judgement was also tendered at the substantive hearing to set aside the arbitration award before Justice Robin Knowles in 2023 wherein Nigeria used it as evidence that the P&ID GSPA deal was contracted fraudulently.
Consequently, by October of the same year, the British court ruled that the arbitration award was obtained through fraud, effectively loosening the chokehold on a country already battling serious financial crisis.

In July 2024, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi disclosed that Nigeria has moved beyond setting aside the $11 billion arbitration award, to obtaining an order from a United Kingdom Court of Appeal for its P&ID post judgement costs to be paid in British pounds sterling.

Advertisement

A statement from his office read, “the United Kingdom Court of Appeal validated Nigeria’s claim for the post-judgement costs to be paid in Pound Sterling (GBP), which P&ID tried to reduce drastically by claiming the Nigeria should only be entitled to recover costs in Naira, which evidently will produce lower cost.

“This was another misconceived and desperate attempt by fraudsters to deprive the Nigerian people of hard-earned public revenue. As a government, we are very determined to recover these costs and make P&ID and its US funders pay for their scam so as to serve as deterrence to others of their ilk”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Change Negative Narrative About EFCC Being Used For Settling Political Scores- Reps

Published

on

………Ask Anti Graft Agency To Fight Financial Crimes Within Established Laws

.
……My Staff Are Poorly Paid, EFCC

…., States Why Fight Against Yahoo Boys Fierce

 

Advertisement

The House of Representatives has tasked the Economic and Financial Crimes Commission, EFCC, to purge itself from the negative impression that its being used to settle political scores and concentrate fighting financial and economic crimes within established laws.

The House handed the advise on Tuesday through the Chairman House Committee on Financial Crimes Honorable Ginger Onwusibe who led members of the committee on the 2024 oversight exercise on the commission.

The oversight covered extensive facility tour of departments and critical operational units of the antigraft agency.

In his terse remarks, Hon. Onwusibe challenged the agency to improve its operational activities in combating economic and financial crimes by complying with its 2004 Establishment Act and other relevant applicable laws like the Money Laundering ( Prevention and Prohibition) Act 2022: Terrorism ( Prevention and Prohibition) Act 2022: The Proceeds of Crime Act. 2022, as well as other statutes, that compels it to carry out these roles transparently with accountability and show that the negative maxim being peddled in some quarters that the agency is often being used for settling political scores is incorrect .

Advertisement

The committee assured that it will collaborate with the commission to actualize its mandate by enacting new laws or amending old ones and as well providing budgetary interventions, if it must strive tirelessly to be on top of its challenges

The House urged the agency to collaborate with sister agencies and desist from keeping suspects as- awaiting ‘trial in correctional centres nationwide

“At this point let me add that a recent visit to the Maximun and Minimun Correctional centres in Kirikiri Lagos State, numerous suspects have been awaiting trial for over one year and yet we are all acquainted with the saying that justice delayed is justice denied”

” It is on this note that we call on the EFCC, Attorney General of the Federation and the Judiciary to improve and ensure the administration of justice works and is efficiently delivered to the victims”

Advertisement

The House warned the agency to purge itself of rotten eggs in order to fight economic and financial crimes frontally, thereby stimulating the Nigerian economy

It also urged EFCC to focus properly on its mandate.

” The issue of appropriate and proper focusing on the mandate of the EFCC must relentlessly be on the front burner:

“Orders from competent courts , arrest and debt recovery must be pursued religiously” the House cautioned

Advertisement

But on its side, the antigraft agency said it has not deviated from its focus but rather working hard and fighting financial and economic crimes as enunciated in its mandate.

Chairman of the agency , Ola Olukeyede told his guest in his remarks during the oversight visit that the commission was doing much to fight financial and economic crimes and stimulate the Nigerian economy

He said so far that the agency has recovered over N250bn cash, tens of million of Dollars and other foreign currencies, with over 3000 convictions: 17000 petitions while also investigating over 20000,with about 4000 fresh cases , all being handled by a misery number of staff strenght

He noted that its priority is to improve the country’s image and stimulate its economy, such that there could be improvement in foregin direct investments and stimulation of the local economy.
Olukeyede however, argued that the agency needed more staff strenght, funding , better renumeration for staff because they were poorly paid. He also emphasised on modern day technology to fight the ever dynamic cyber criminals

Advertisement

According to the EFCC boss, it was important to give more salary to EFCC staff and deploy modern technology to fight emerging cyber crime dynamism . He expalined that the agency has increased efforts to fight Yahoo, yahhoo, boys because of their ability to crumble any economy within a twinkle of an eye

According to him, the agency was expanding its drag net to focus on ministries, departments and agencies infrastructural projects. ” “Go to MDAs and see their budget implementstion. It is not up to 20%”

“We want to ensure 50% infrastructural development” the anti graft boss announced, insisting that it would henceforth encourage monitoring of project implementation which was an aspect of preventing financial crimes

He said the agency has dismissed lots of erring staff, and will continue to dismiss and even prosecute them going forward.

Advertisement

Olukeyede disclosed that it had designed a template on staff integrity, using the Gift- Policy model

.” It is not every thankful gift we should collect” the EFCC boss warned

” I am advocating for more welfare improvement, better welfare, he said.

“We will do more recoveries, more convictions, but we need more resources to do our work, maintaining that, that was his stand on ethics and integrity .

Advertisement

Olokeyede’s demand for more salary wage for staff of the commission, is seen as an incentive to boost welfare and morale to fight financial crimes to standstill.

He stated that there was the utmost need to increase salaries of staff of the commission

The EFCC boss who spoke on his stewardship in the last one year, further added that it increased the war against Yahoo- Yahoo boys because of the consequences of their nefarious acts which could crumble a nation’s economy in a jiffy.

He argued that more technology was required to fight financial crimes.

Advertisement

For instance he explained that it was a common scenario then for thieves and armed robbers to attack and break into banks with guns and Dynamites

” But it is the same common and more easier scenario and task now to have Yahoo-Yahoo boys and bank thieves attack banks with technology in the comfort of their homes or hideouts”

“So we need technology and we also need to increase our fight against these Yahoo boys who can dismantle any economy within a twinkle of an eye

He called on the national Assembly to improve and increase its finances because fighting Financial crimes was a herculean task that requires adequate funding

Advertisement

Olokeyede who apparently was responding to criticisms of the commission’s over concentration on Cyber crimes/ thieves, perpetrated by Yahoo boys, said he has made tremendous impact in enforcement, investigation and conviction with an outstanding record convictions between October 2023 when he was appointed till date

Continue Reading

News

Trouble looming for Obaseki as Gov Okpebholo orders probe of his admin

Published

on

By Kayode Sanni-Arewa

Governor Monday Okpebholo of Edo State has ordered the setting up of a committee to probe the immediate-past administration of Godwin Obaseki for its failure to inaugurate 14 Edo Assembly lawmakers-elect into the 7th Assembly.

Okpebholo disclosed this while giving his inaugural speech as the new governor of the state.

Governor Okpebholo also ordered the State Chief Judge to immediately investigate the initial delay of former Governor Obaseki to inaugurate duly-cleared judges by the National Judicial Council (NJC) last year

Advertisement
Continue Reading

News

Naira may depreciate to N1,993 against dollar – Report

Published

on

By Kayode Sanni-Arewa

Nigeria’s naira has been projected to depreciate further to N1,993 per dollar in the coming days.

This is according to BMI, a Fitch Solutions subsidiary report title, ‘Weak Naira and Structural Challenges to Constrain Nigeria’s Medical Devices Market Growth’.

The report said the forecasted depreciation will be predicated on the 95 percent dependence on imports for pharmaceuticals in Nigeria.

Advertisement

According to the report, the development would erode both the health system and patient purchasing power.

“We expect that the naira will end 2028 at N1,993/$ from N306/$ in 2018.

“As the naira weakens, the cost of importing medical devices will continually increase, eroding both the health system and patient purchasing power, especially to invest in essential medical technologies given the underfunding of the public health sector,” the report stated.

This comes as Naira fell to N1681.42 and N1735 at the official and parallel foreign exchange markets on Monday.

Advertisement

This comes as FMDQ FX transaction turnover dropped significantly from $1.4 billion on Friday to $471.5 million on Monday.

Last Thursday, the Governor of the Central Bank of Nigeria, Olayemi Cardoso, said the country’s external reserves rose to $40 billion.

Despite Central Bank of Nigeria’s interventions and external reserves rise in the last months, the naira has continued to experience fluctuations in the FX market.

Advertisement
Continue Reading

Trending

Copyright © 2024 Naija Blitz News