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Contract Dispute: British Firm Offers FG Olive Branch as Judgment Debt Hits $9bn

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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.

Modupe Gbadeyanka is a fast-rising journalist with Business Post Nigeria. Her passion for journalism is amazing. She is willing to learn more with a view to becoming one of the best pen-pushers in Nigeria. Her role models are the duo of CNN's Richard Quest and Christiane Amanpour.

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Rivers Sole Administrator Promises Swift Utilisation of Funds

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By Adedapo Adesanya

The Sole Administrator of Rivers State, Mr Ibok-Ete Ibas, has assured that necessary steps would be taken to ensure the prompt utilisation of the withheld local government funds, which have now been released by the federal government.

Recall that President Bola Tinubu on Tuesday declared a state of emergency in Rivers State and suspended Governor Similaniyi Fubara and the Deputy Governor, Mrs Ngozi Odu, as well as all members of the Rivers State House of Assembly, over a political crisis. He then replaced them with Mr Ibas, who will act for the next six months as a sole administrator.

Speaking during a meeting with Heads of Local Government Administrators in Port Harcourt on Friday, Mr Ibas described the gathering as a pivotal moment in the collective effort to restore stability and progress in the state.

The Sole Administrator lamented the economic hardship in the Niger Delta, noting that despite the region’s wealth of natural resources, its people continue to suffer.

“This is unacceptable,” he stated, emphasizing the need for transformation and accountability.

He expressed concerns over the delay in salary payments across local government areas, acknowledging the struggles of affected workers.

“I feel the pain of the workers,” he said, assuring them that the withheld allocations had been released and that his administration would ensure that salaries are paid without delay.

However, he warned that financial accountability would be strictly enforced.

Mr Ibas, a retired vice admiral and former Chief of Naval Staff, directed all local government areas to submit their wage bills, supported by relevant documentation, through the office of the Head of Service.

He said his administration would not tolerate financial recklessness, vowing to scrutinize the handling of public funds and take action against any mismanagement.

Mr Ibas said good governance is not just a slogan, but a commitment to changing the negative narrative within the next six months.

He further stressed the importance of collaboration with traditional rulers and security agencies to enhance security at the grassroots level.

“You must take the lead in ensuring security within your domains,” he urged local government administrators.

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FG Calls for Alternative Energy Sources to Drive Nigeria’s Maritime Industry

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By Adedapo Adesanya

The federal government has called for the adoption of alternative energy sources in the maritime industry to reduce greenhouse gas emissions, warning that Africa could face severe economic impacts if left behind in the global transition.

The Minister of Marine and Blue Economy, Mr Adegboyega Oyetola, made this call in Abuja while declaring open the African Strategic Summit on Shipping Decarbonization.

He cautioned that the ongoing shift to low-emission shipping fuels could increase transport costs for Africa, disproportionately affecting developing nations.

“With over 90 per cent of global trade relying on maritime transport, reducing GHG emissions is not just an environmental necessity but an economic imperative,” Mr Oyetola stated.

He stressed the need for Africa to have a strong voice in shaping global policies. “As the IMO advances its regulatory framework on decarbonization, Africa must ensure its interests are safeguarded, as we rely heavily on imports and contribute less than 2 per cent to the global fleet,” he said.

Highlighting the potential benefits of the transition, Mr Oyetola urged African nations to leverage the shift towards cleaner energy to boost industrialization.

“With 38 coastal nations, Africa can use this transition to develop its ports as launch pads for economic growth by engaging the Global North in strategic partnerships,” he added.

The Minister emphasized the need for a just and equitable transition, ensuring that no African nation is left behind.

“While we recognize the urgency of climate action, developing economies face challenges such as limited access to technology, energy poverty, and food insecurity. The principle of common but differentiated responsibilities must guide our approach,” he said.

Also, Director General of the Nigerian Maritime Administration and Safety Agency, NIMASA, Mr Dayo Mobereola, reinforced the urgency of decarbonization.

“The shipping industry contributes about 3 per cent of global emissions. This summit is a platform for Africa to shape a strategy that ensures sustainable maritime development without being disadvantaged,” he noted.

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JUST IN: Ayobo-Ipaja LCDA Chairman Bolatito Shobowale Dies

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By Dipo Olowookere

The Chairman of Ayobo-Ipaja Local Council Development Area (LCDA), Mrs Bolatito Shobowale, has died, Business Post has confirmed.

She passed away on Friday after a prolonged battle with illness and three days after her deputy, Mr Ladi Oluwaloni, was asked to become the acting chairman of the council due to her long absence from work.

Mrs Shobowale had been away from her office for about six months, preventing the presentation of the 2025 budget to the council lawmakers for approval.

There had been underground grumbling within the LCDA until Governor Babajide Sanwo-Olu stepped in and approved the appointment of Mr Oluwaloni as the acting chairman.

Recent council activities had been carried out without the deceased, including the welcoming of the Governor Advisory Council (GAC) led by Mr Femi Pedro and the presentation of work tools to some residents who completed an empowerment programme sponsored by the state government.

Reacting to the death of Mrs Shobowale, the chairman of Alimosho Local Government Area, Mr Jelili Sulaimon, said she would be missed.

Mr Sulaimon, in a statement signed by his media aide, Mr Babatunde Yusuf, described the deceased, fondly called Mama Show, as a mother to all and a good administrator who is ever willing to see Ayobo-Ipaja LCDA progress positively.

According to him, Mrs Shobowale, elected into office in 2021, committed herself to the growth and development of council until her death.

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