News
US Appeal Court Ruling Worsens Tinubu’s Woes, Orders Chinese firm to Seize Nigerian Assets Abroad
In a significant legal setback for Nigeria, an appellate court in the United States has dismissed the country’s claims to sovereign immunity, paving the way for a Chinese consortium to seize Nigerian assets overseas.
This development further intensifies a crisis that President Bola Tinubu has been struggling to contain in Europe, and which now threatens to escalate across multiple international jurisdictions.
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia ruled against Nigeria, finding that the country had grossly violated both the fundamental and commercial rights of executives from a Chinese firm, Zhongshan, that had entered into a trade zone agreement with the Ogun State government.
The Chinese expatriates had previously secured a favorable arbitration award in the United Kingdom in 2021, which included $55.6 million in compensation, $75,000 in moral damages, as well as accrued interest and legal fees.
The dispute originated from a 2007 agreement between Zhongshan and Ogun State to develop a free trade zone. However, the deal fell apart after the then-Governor Ibikunle Amosun allegedly terminated the contract unilaterally, resorting to coercive measures to avoid honoring the agreement.
The Chinese executives claimed they were wrongfully arrested and tortured by Nigerian police, allegations that were substantiated by the UK court.
In their pursuit of justice, the Chinese investors turned to the U.S. judicial system to enforce the UK arbitration award. Nigeria, in response, argued that its sovereign immunity shielded it from such enforcement actions.
However, the U.S. federal court rejected this defense, citing Nigeria’s commitment to the New York Convention, which permits arbitration involving sovereign entities.
Nigeria’s attempt to overturn this decision through an interlocutory appeal was similarly unsuccessful.
A two-to-one ruling by the appellate court confirmed that Nigeria had forfeited its immunity by engaging in actions that breached its contractual obligations under the Investment Treaty with China, signed in 2001.
The court emphasized that since Ogun State is a federating unit of Nigeria, the federal government could be held accountable for the violations against Zhongshan.
The dissenting judge, Greg Katsas, argued that Nigeria’s sovereign immunity should be preserved, especially concerning assets that fall under the state’s sovereign protection.
Nonetheless, the majority opinion prevailed, allowing the case to proceed in a lower court where the Chinese consortium can now pursue Nigerian assets in the United States. Among these assets are fixed properties and substantial deposits from crude oil earnings held by financial giant JP Morgan.
This U.S. ruling follows a similar move by Chinese investors in France, where court orders have been obtained to seize Nigerian assets, including private jets stationed across various European locations. Both the Nigerian federal government and Ogun State have responded by labeling the Chinese claims as fraudulent, drawing parallels to the controversial P&ID case.
They have also signaled their intention to challenge the French court’s decision but have yet to comment on whether they will appeal the U.S. court ruling to the Supreme Court.
News
Port Harcourt refinery: NNPCL disowns recruitment notice
The Nigerian National Petroleum Company Limited (NNPCL) has disclaimed a purported recruitment announcement for the Port Harcourt Refining Company (PHRC), warning the public against falling victim to fraudulent schemes.
In a statement released on its official X handle (formerly Twitter) on Friday evening, the oil company clarified that no separate recruitment process was ongoing for PHRC beyond the one initiated in 2024.
The statement, titled “NNPC Ltd Disclaims Purported Recruitment Announcement for PHRC,” was signed by the Chief Corporate Communications Officer, Olufemi Soneye.
“The Nigerian National Petroleum Company Limited (NNPC Ltd) has urged members of the public to discountenance purported recruitment announcement for the Port Harcourt Refining Company (PHRC) circulating in certain online platforms,” the statement read.
NNPC Ltd further explained that its recruitment process, which commenced last year, covered all its subsidiaries, including PHRC. The company noted that candidates who passed the Computer-Based Aptitude Test were proceeding to the interview stage.
“The purported recruitment link being circulated in various online platforms is the handiwork of fraudsters who are keen on taking advantage of the newly revamped Port Harcourt Refinery to fleece unsuspecting members of the public with a phantom recruitment announcement. We, therefore, call on members of the public to be wary of the ploy and not fall for it,” the statement warned.
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Hajj 2023 refund: Pilgrims from Adamawa get N61,080 each
The Adamawa State Muslims Pilgrims Welfare Commission has disbursed N61,080 to each of the 2023 pilgrims from the state over poor services rendered to them by the service providers while in Saudi Arabia.
The executive secretary of the pilgrims commission, Malam Abubakar Salihu, disbursed the refunded money, saying it was a step of accountability.
The disbursement was paid into the account of the pilgrims or, for those without account numbers, through the local government schedule officers of the 21 local governments of the state.
Responding on behalf of the beneficiaries, Alhaji Shuaibu Musa Mele appreciated the commission for ensuring that each pilgrim gets his rightful refund.
The Kingdom of Saudi Arabia had earlier refunded money through the National Hajj Commission of Nigeria, for sharing among the 36 states of the country.
News
Security operatives destroy Bello Turji’s food storage facility
A school building in Fakai village, reportedly used as a food storage facility by the notorious bandit leader Bello Turji, has been destroyed.
The facility, which had been stocked with large quantities of food supplies, was completely razed, leaving the structure in ruins.
According to local sources, the school was repurposed by the bandits to support their operations in the region.
It served as a key logistical hub for storing essential supplies, ensuring the group’s ability to sustain its activities over time.
The destruction of the stockpile is seen as a major setback for Bello Turji’s network. By eliminating a critical resource hub, the operation is expected to disrupt the group’s supply chain and hinder their ability to operate effectively in the area.
Counter-terrorism expert Zagazola Makama reported that the incident underscores ongoing efforts to counter the influence and operations of bandit groups in the region.
Residents of Fakai village and surrounding areas hope this effort signals further strides toward restoring peace and security.
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