General
Contract Dispute: British Firm Offers FG Olive Branch as Judgment Debt Hits $9bn
Nigeria stands to lose up to $9 billion worth of its foreign assets following an enforcement application to US and UK courts by Process and Industrial Development (P&ID), a British firm tied up in a legal dispute with the Federal Government. The court case arose out of the failure of a contract awarded the company in 2010 to process wet gas to power Nigeria’s generating plants.
In January 2017, a London tribunal, organized under the rules of the Nigeria Arbitration and Conciliation Act, ordered Nigeria to pay P&ID $6 billion in damages, plus $2.3 million in uncollected interest. That figure has since been attracting interest at the rate of $1.2 million per day, and currently stands at over $9 billion.
The next hearing on the case will come up in a London court on Tuesday, May 21, 2019.
Mr. Brendan Cahill, Founder, Process and Industrial Development (P &ID) said that the company looks forward to the UK and US courts granting enforcement rights that will allow P&ID to collect what is rightfully its. “If history is any guide – just look at how creditors seized Argentina’s naval frigate while docked in Ghana. Efforts by Nigeria to evade this judgment will inevitably fall flat. The ball is in Nigeria’s court, if the government is prepared to find a good-faith solution”, he said.
Cahill however indicated that the company was open to negotiations with the Nigerian government to settle the dispute out of court. He said: “P&ID remains open to a settlement on a reasonable basis, but we need a willing partner in government to help resolve this matter. The onus is on the Nigerian government to act in good faith to find a solution”.
After the P&ID’s Gas Supply and Processing Agreement with the Federal Government failed, the company initiated arbitration proceedings in London, in line with the original contractual agreement between the parties.
Cahill said the company decided to go to court after several attempts at salvaging the deal were botched. He said: “P&ID’s Gas Supply and Processing Agreement (GSPA) failed when the government did not uphold its commitments. In August 2012, after several attempts over two and half years by P&ID to salvage the agreement, including offers to renegotiate the deal, the company initiated arbitration proceedings”.
Cahill is sadden by the failure of such a promising project and government’s lack of interest in trying to resolve the dispute amicably, adding that original project would have brought power and economic growth to Nigeria by supplying free natural gas for electricity generation, as well as building a highly successful commercial venture with a share of profits going to the Nigerian government.
“The P&ID project would have supplied 2,000 megawatts of electricity in a country where tens of millions do not have access to electricity. The award judgment was handed down by the independent arbitration panel because it represented the loss of profits for P&ID over the 20 years of the project”, he explained.
In late February this year, the Office of the Attorney-General of Nigeria (AGF) issued a statement contesting the huge amount the court awarded P & ID as damages, largely on the grounds that the project did not actually kick off the ground.
But Cahill reacted to the statement, explaining that the company had already put in years of planning, field work, design and on-the-ground preparation. He stated: “We spent two and a half years offering solutions, while the government consistently failed to deliver its side of the contract. This is a tragic ending to a venture that would have delivered low-cost electrical energy to hundreds of thousands of households throughout Nigeria, and would have brought vital revenue to the Nigerian treasury”.
Cahill and his late partner, Michael Quinn, had over 30 years’ prior experience of executing successful engineering projects in Nigeria before the failed P&ID project that is now in dispute.
General
Nnaji Expresses Worry Over Lack of Power Plant Financing
By Adedapo Adesanya
Former Minister of Power, Mr Barth Nnaji, has run to the rooftop to declare that Nigeria has not secured financing for any major power plant in more than a decade, blaming policy reversals and weak government commitment for the prolonged investment drought.
Speaking at the Nigerian Association for Energy Economics conference in Lagos, Mr Nnaji said the country’s power sector lost momentum after a promising financing framework introduced under his watch was abandoned following a change in administration.
According to him, the partial risk guarantee instrument developed jointly with former Finance Minister, Mrs Ngozi Okonjo-Iweala, had begun attracting international investors by reducing the risks associated with power projects in Nigeria.
“The world was galloping to us to finance power plants because we were getting a service guarantee,” he said, noting that the framework helped secure funding for the Azura-Edo Power Station, one of Nigeria’s most significant independent power projects.
However, he said the policy was scrapped after the administration changed, abruptly halting investor interest.
“Till today, we have not financed any new major power plant in Nigeria. That’s about 11 years ago,” he said.
Mr Nnaji argued that policy inconsistency remains one of the biggest obstacles to power sector growth, without clear, stable and bankable policies.
He said Nigeria will continue to struggle to attract the long-term capital required for large-scale electricity projects.
He also urged Nigeria to adopt a pragmatic approach to energy transition, stressing that natural gas should remain the backbone of the country’s power strategy. With more than 210 trillion cubic feet of proven gas reserves, he said Nigeria is well-positioned to use gas as a bridge fuel for industrialisation and economic growth over the next two decades.
Yet, despite these vast reserves, inadequate infrastructure continues to constrain supply.
Mr Nnaji noted that the Nigeria LNG Limited is operating at only about 60 per cent of capacity due to insufficient gas availability, highlighting the urgent need for greater investment in gas production, processing and transportation.
He also cited the long-delayed Mambilla Hydroelectric Power Station as a symbol of Nigeria’s execution failures. Although technically viable, the project has remained on the drawing board for more than 40 years because of weak political will and inconsistent implementation.
He noted that Nigeria’s power challenge is not a lack of resources but a failure of execution. With an installed generation capacity of about 13,000 megawatts, the country still produces only 4,000 to 5,000 megawatts on average. Until policy becomes consistent and infrastructure investment accelerates, reliable electricity will remain frustratingly out of reach for millions of Nigerians.
General
Terra Industries Unveils Defence Drones, Robots to Support Nigerian Military
By Adedapo Adesanya
Nigeria-backed startup Terra Industries has launched drones and mine-clearing robots for the country’s military use to fight Islamic militants and reduce reliance on imported defence equipment.
The startup on Monday unveiled interceptor drones, mine-clearing unmanned vehicles and battlefield intelligence software that officials said could help troops confronting insurgents who have increasingly used roadside bombs and drones in recent attacks.
The launch shows a growing effort by Nigeria to reduce dependence on imported military hardware and build domestic defence manufacturing capacity, after years of buying aircraft, armoured vehicles and surveillance systems from countries including China, Turkey, Pakistan and the United States.
However, procurement delays, maintenance bottlenecks and rising foreign exchange costs have strengthened the case for local production, with Terra Industries among the first of such beneficiaries.
Terra Industries had previously focused on civilian drones and security technology before expanding into defence systems. In February, it signed a pact with Defence Industries Corporation of Nigeria (DICON) as part of efforts to boost the country’s defence industrial capacity and advance indigenous high-technology development.
“We are unveiling new defence systems such as our interceptor UAVs, our minesweepers, ground vehicles that can detect IEDs on the ground, and our battlefield intelligence software,” according to Mr Nathan Nwachukwu, the chief executive officer of the firm.
The need for security has risen in recent years, as groups such as Islamic State and al-Qaeda are gaining ground in Africa, converging along a swathe of territory that stretches from Mali to Nigeria, which is also battling with Boko Haram and other cells which remain active despite repeated military offensives.
Militants have stepped up attacks against army positions using improvised explosive devices (IEDs) and drones, forcing armies to invest in counter-drone systems, electronic warfare and autonomous ground equipment.
Major General Babatunde Alaya, head of the state-owned DICON, said collaboration with Terra Industries was necessary, given troop casualties caused by hidden explosives and roadside bombs.
DICON has long been central to Nigeria’s ambition to produce more of its own defence equipment, but progress has historically been slow. Partnerships with private firms are increasingly seen as a faster route to innovation and scale.
Terra Industries, which is valued at $100 million, has also announced plans to expand beyond Nigeria, including a manufacturing facility in Ghana, signalling ambitions to serve a wider African market and position itself in the region’s growing security technology industry.
General
Tinubu Tasks Ambassadors to Attract Foreign Investment
By Adedapo Adesanya
President Bola Tinubu has charged Nigeria’s newly appointed ambassadors and high commissioners to help pursue foreign investments from their designated countries, charging them to strengthen strategic partnerships and reposition the country’s global image in line with evolving diplomatic realities.
This is contained in a statement by Mr Yomi Odunuga, Special Adviser on Media and Publicity to the Secretary to the Government of the Federation (SGF), Mr George Akume.
According to Mr Odunuga, the President, represented by the SGF, gave the charge at the opening of an induction course for the envoys in Abuja.
The President said that the appointments of the envoys reflected the administration’s confidence in their capacity to advance Nigeria’s interests on the international stage.
He noted that the global system was undergoing rapid transformation driven by shifting geopolitical dynamics, economic uncertainties, technological disruptions, climate challenges and emerging security threats.
He added that the developments had made the role of diplomats more critical than ever.
”The international system is evolving rapidly. We must be prepared to meet these challenges by focusing on how best to protect and promote Nigeria’s national interest,” he said.
President Tinubu urged the envoys to adopt a modern, results-oriented approach to diplomacy by combining traditional methods with digital engagement, public diplomacy and strategic communication.
He underscored the importance of telling Nigeria’s story in a compelling and credible manner while projecting the achievements of his administration, also calling on them to be proactive and innovative in fostering partnerships, promoting trade and attracting foreign direct investment and technology to Nigeria.
According to him, safeguarding the welfare of Nigerians in the diaspora must remain a top priority.
He also announced a reordering of Nigeria’s foreign policy framework, known as the 4D Doctrine.
He said that the doctrine, originally anchored on Democracy, Development, Demography and Diaspora, had now been rearranged to Demography, Development, Diaspora and Democracy.
According to him, the adjustment places Nigerians at the centre of foreign policy and is aimed at ensuring that international engagements deliver tangible benefits to citizens.
The president further stressed the need for professionalism, integrity and patriotism in the conduct of diplomatic duties, reminding the envoys that they serve not only as government representatives, but also as custodians of the country’s image abroad.
He also emphasised accountability, urging missions to be result-driven, prudent in resource management and guided by clear, measurable goals that would contribute to economic growth and national development.
He encouraged the participants to fully engage in the induction programme, noting that it was designed to equip them with the knowledge and skills required for effective diplomatic service in a rapidly changing world.
He commended the National Assembly for the swift confirmation of the nominees and urged the envoys to justify the confidence reposed in them.” You have a special responsibility in helping to reposition Nigeria in global affairs. The world is watching,” he said.
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