Economy
Djibouti, DP World Bicker over London Court Ruling
By Modupe Gbadeyanka
The government of Djibouti and a company known as DP World are arguing over a ruling by the London Court of International Arbitration on the cancellation of the Doraleh Container Terminal contract between both parties.
The court had ruled in favour of the firm, but the government of Djibouti released a statement on Friday that it “does not recognise the international rule of law.”
According to the statement issued by the government, the deal was terminated in the interest of the country.
Business Post reports that on February 22, 2018, Djibouti terminated the concession for the Doraleh container terminal, awarded in 2006 to Doraleh Container Terminal (DCT), a company controlled de facto by the minority shareholder DP World.
It was claimed by Djibouti that implementation of the concession contract had proved to be contrary to the fundamental interests of the country, noting that the continuation of the concession contract was seriously prejudicial to the its development imperatives and to the control of its most strategic infrastructure.
According to the government, several attempts to renegotiate the concession with DP World were unsuccessful because of the firm’s repeated refusal to hear the legitimate objections and requests of the Djiboutian State.
“This termination, which was therefore necessary and unavoidable, is made in accordance with international public law which recognizes the ability of a sovereign state to unilaterally terminate a contract on public interest grounds, subject to payment of fair compensation to the other party. The termination was decided in the context of a transparent procedure. It finds its legal basis in a law enacted by the Djiboutian Parliament on November 8, 2017, aimed at protecting the fundamental interests of the Nation, completed by a decree dated February 22, 2018,” the statement said.
“DCT, at DP World’s request, nevertheless decided to oppose it and initiated arbitration proceedings before the LCIA (London Court of International Arbitration) with the aim, publicly announced by DP World, of resuming as soon as possible its rights on the concession and thus the operation of the Doraleh container terminal.
“Logically, the Republic of Djibouti did not participate in this procedure, considering that LCIA would only judge this dispute on the basis of the terms of a contract contrary to Djibouti’s fundamental interests.
“On 31 July 2018, the sole arbitrator appointed under the aegis of LCIA rendered a partial arbitral award, which the Government of the Republic of Djibouti has become aware of.
“The sole arbitrator has concluded that the concession contract could not be terminated by the Government of the Republic of Djibouti under the law passed by the Djiboutian Parliament on November 8, 2017 and considered that the contract was still in force.
“The Republic of Djibouti does not recognize this arbitral award which consists in qualifying the law of a sovereign State as illegal.
“Indeed, the arbitral award seems to consider that the terms of the concession contract entered into between the Port of Djibouti and DCT, are above Djiboutian law. It disregards the sovereignty of the Republic of Djibouti and takes no account of public international law rules.
“Following the arbitral award’s reasoning, it is also understood that a sovereign State would not have the right to terminate a contract the implementation and performance of which is considered contrary to its fundamental interests, but would however authorize the other party to it (DP World) to terminate the said contract to protect its commercial interests…
“In other words, a contract would have a higher value than a law adopted in the name of a sovereign nation.
“Moreover and in any case, DP World’s approach which consists in trying to oppose the will of a sovereign State is unrealistic and doomed to failure. The concession contract has been terminated, the staff and assets of the concession were transferred to a public company specifically created for this purpose and which now manages this infrastructure.
“That is why, in this case, only an outcome consisting in the payment of a fair compensation in accordance with the principles of international law can be envisaged, the statement by Djibouti said.
But reacting on Saturday, DP World said the court’s decision upholding the continuing validity of the concession was based on recognised principles of international law and is internationally binding both on the Djibouti government and so far as third parties are concerned.
“As the Court has held, Djibouti does not have sovereignty over a contract governed by English law. It is well established that, in the absence of an express term to that effect, an English law contract cannot be unilaterally terminated at will. The contract therefore remains in full force and effect,” a statement issued by DP World stated.
The company noted that, “The Djibouti government’s repeated statements that the port concession has proved contrary to the fundamental interests of the Republic of Djibouti do not bear scrutiny.
“As the court’s decision records, the government’s own representatives have given evidence that the port has been ‘a great success for Djibouti’. The terms of the concession have also been held in two previous cases brought by the government itself to have been ‘even handed and fair’.
“In light of that indisputable success, and the fair and reasonable terms of the concession, the government’s attempts to terminate it cannot have anything to do with the fundamental interests of the people of Djibouti.”
By Adedapo Adesanya
Trans Niger oil pipeline has returned to normal operations after it was fully restored following a blast that ruptured the structure last week in Rivers State.
This was disclosed by Renaissance spokesperson, Mr Tony Okonedo, on Tuesday.
The Trans Niger Pipeline (TNP), with a capacity of around 450,000 barrels per day, is one of two conduits that export Bonny Light crude from Nigeria, Africa’s biggest oil producer.
Oil output through the TNP was rerouted to an alternative line after blasts ruptured the main link on March 19, according to Nigerian oil consortium Renaissance Group, which now owns Shell’s former onshore subsidiary that operates the pipeline.
Last week, the Trans-Niger Pipeline, which is one of Nigeria’s biggest pipelines and crucial for oil transportation in the Niger Delta, one of the country’s biggest sources of oil, exploded.
It carries the 450,000 barrels’ worth of oil per day mostly to the Bonny Terminal in the federal state of Rivers.
Although the cause of the explosion is unknown at this time, local media suggested it could be related to threats by militant groups to damage oil production facilities.
Later that evening, President Bola Tinubu, during a broadcast, declared a state of emergency in the south-south state.
He also removed the Governor of the state, Mr Similanya Fubara and his deputy, Mrs Ngozi Odu, and replaced them with a sole administrator.
By Adedapo Adesanya
Dangote Refinery reportedly issued a tender on Tuesday to sell 128,000 metric tons of residual fuel oil in April 2025.
Reuters reported that this is according to a summary of the tender document.
The 650,000 barrel per day Dangote refinery will close the tender today — Wednesday, March 26 by 1 pm (Nigerian time)— as it seeks buyers for 88,000 tons of low sulphur straight run fuel oil and 40,000 tons of slurry oil for loading on April 10-12, the summary showed.
Straight run fuel oil is a feedstock processed through secondary refining units and turned into products like petrol and diesel.
Meanwhile, industry monitor firm, IIR noted that Dangote will shut its current 204,000 barrels per day petrol producing unit for 30 days for maintenance tentatively expected to start on June 1.
Dangote’s fuel oil exports averaged 75,000 barrels per day over the period from March to August 2024, but dropped to 20,000 barrels per day from September, according to shipping data analytics firm Kpler, when its petrol making residue fluidized catalytic cracking unit started production.
The refinery has been buying feedstock from across the world— including from the US, Angola, and Algeria— to add to its domestic deliveries as it looks to meet its full capacity target by end of the month.
In February, Mr Edwin Devakumar, vice-president of Dangote Industries Limited (DIL), said the refinery could begin operating at full capacity in 30 days.
The Lagos-based oil facility received above 24 million barrels of Nigerian supply in October and November last year.
The major shareholder in the structure and chairman, Mr Aliko Dangote assured Nigerians that his refinery has over N600 billion worth of premium motor spirit (PMS) in storage that can sufficiently meet Nigeria’s needs.
The buying spree comes as the Naira-for-crude deal with the Dangote Refinery and other local refineries was suspended by the Nigeria National Petroleum Company (NNPC) Limited.
Nigeria’s decision to cancel the Naira-for-crude deal with the refinery has since created panic in the hearts of marketers and consumers alike.
The 650, 000 barrels per day refinery has also suspended selling petrol in Naira to marketers.
It lamented that there was a mismatch between its sales proceeds and its crude oil purchase obligations, which it said are currently denominated in US Dollars.
By Modupe Gbadeyanka
The Governor of the Central Bank of Nigeria (CBN), Mr Olayemi Cardoso, has lauded the reforms being carried out by his team to restore confidence in the Nigerian economy.
Speaking when a delegation of scholars from the Harvard Kennedy School visited him at the CBN headquarters in Abuja, he said the strategies put in place by the apex bank to stabilize the foreign exchange (FX) market and curb inflation in the country were already yielding positive results.
“Mr Cardoso acknowledged recent challenges but highlighted progress in stabilizing the foreign exchange market and curbing inflation,” a statement from the CBN on Tuesday disclosed.
He expressed the impact of the educational institution in his leadership skill, saying it is an honour to be associated with the Harvard Kennedy School.
“As we reset the bank, we are committed to being a hub for thought leadership. The exposure you gain from institutions like Harvard is invaluable, and we see this as an opportunity to build long-term alliances,” he was quoted to have said.
The CBN chief is an alumnus of the Harvard Kennedy School and the first African elected to the global HKS Alumni Board of Directors.
The visit was part of the scholars’ Africa Trek, which also included stops in Ghana. It is the first time a Harvard Africa Trek delegation would visit the CBN.
The delegation comprised 50 students from 19 countries, including representatives from the Harvard Business School, Massachusetts Institute of Technology and Stanford University.
President of the Harvard Kennedy School Alumni Association of Nigeria, Adaora Ndukwe and the HKS Nigeria Trek Delegation Lead, Ms Sheffy Kolade, thanked the central bank for hosting the students.
The Africa Trek initiative is designed to foster direct interactions between emerging global leaders and key policymakers on the continent.
It provides a platform for in-depth discussions around governance, innovation, economic development and the role of central banking in national progress.
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