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Court Grants Chinese Investor Right to Confiscate Two Nigerian Govt Property in UK

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Two Nigerian properties located in the United Kingdom are on the verge of being taken over by a Chinese investor following an order granting the investor the right to enforce a $70 million investment treaty award against Nigeria.

The investor – Zhongshan Fucheng Industrial Investment – was granted final charging orders over two UK residential properties owned by the Nigerian government after the company also attached a £20 million debt relating to the high-profile P&ID case.

Reports said the Chinese firm secured the order on June 14 when Master Sullivan in the Commercial Court in London granted the orders in respect of two Liverpool properties estimated to be worth a combined £1.7 million.

According to the judge, the order was premised on the fact that the properties have been converted to commercial use outside Nigeria’s diplomatic or consular activities in the UK, stressing that enforcement of the order should prevail.

The case was a gritty legal battle between Zhongshan, represented before the court by Withers and barristers at 3VB, while Nigeria was represented by Squire Patton Boggs and a barrister at Atkin Chambers.

Reports said the underlying arbitration was in relation to a joint venture with Nigeria’s Ogun State to establish a free trade zone near Lagos in 2013. A Zhongshan subsidiary held a 60% stake in the project but Ogun terminated its participation three years later.

In 2021, a London-seated UNCITRAL tribunal chaired by Lord Neuberger including Matthew Gearing KC and Rotimi Oguneso (SAN) said Nigeria was guilty of expropriation and other breaches of the China-Nigeria bilateral investment treaty and ordered the country to to pay US$55.6 million plus interest and costs.

Nigeria in the same year put a challenge against the award in the Commercial Court on jurisdictional grounds. Nigeria’s position was that the arbitration clause in the BIT was invalid. But in later development, Nigeria withdrew the challenge before a hearing on Zhongshan’s application for security and security for costs was about to take place.

Mrs. Justice Cockerill in the same court granted Zhongshan an ex parte enforcement order in December 2021, but Nigeria did not file against this order within the 74-day deadline allowed by the law.
In July 2023, the Court of Appeal in London stopped Nigeria from bringing a late challenge to the enforcement order, stressing Cockerill’s provisional determination that state immunity did not apply had become final.

The investor reportedly got interim charging orders in June and August last year over the two properties in Liverpool, which are owned by the Nigerian government.
Nigeria’s efforts to dismiss these charging orders failed as Master Sullivan in her judgment, held that the properties are leased to residential tenants and that no “consular activities are actually taking place on the premises”.

She also dismissed Nigeria’s arguments that it had not been properly served with the interim charging order applications under the State Immunity Act and that Zhongshan had failed to give full and frank disclosure when seeking them.

Master Sullivan also dismissed Nigeria’s objection about parties bringing multiple enforcement action, saying that parties are “entitled to bring as many types of enforcement action as they see fit to recover their debt.” She noted that Nigeria had yet to pay any of the award and that the value of the properties represented a “small proportion of it”.

Timi Balogun of Squire Patton Boggs, counsel to Nigeria, said: “We respectfully disagree with the Master’s decision, which we believe somewhat brushes over complex public international law issues, including with respect to state immunity and the right of a foreign state’s High Commission to own and manage portfolios of fixed assets in England and Wales. We believe that such issues need to be weighed very carefully, and we intend to appeal this decision so that these complex and important issues can be considered by the higher courts.”

Zhongshan applied to enforce the award in Washington, DC in 2022. Last year, the DC district court rejected Nigeria’s motion to dismiss the action on sovereign immunity grounds. The state argued the China-Nigeria BIT was “quintessentially sovereign” and therefore the award did not arise from a commercial relationship between the parties. The DC district proceeding is stayed pending Nigeria’s appeal of the sovereign immunity decision.

Zhongshan has also taken enforcement measures in various other jurisdictions, including in Quebec, where it seeks conservatory seizure of a private jet; and in Belgium, where Nigeria is challenging attachments of properties.

In the British Virgin Islands, Zhongshan has obtained an interim attachment over a £20 million liability owed Nigeria by BVI-registered company Process & Industrial Development (P&ID) under an English Commercial Court ruling. The Chinese company withdrew an earlier application to attach the same liability in England.

The Commercial Court ordered P&ID to pay Nigeria £20 million in costs in December last year after upholding the state’s challenge to an US$11 billion award in favour of the company. Mr Justice Robin Knowles found the award was procured through false evidence, corrupt payments and improper retention of leaked documents.

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Tinubu Orders Recovered Loot, Unclaimed Dividends, ‘Dormant Funds’ Sent to NELFund

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President Bola Tinubu has directed that all cleared and unencumbered looted funds recovered by the Economic and Financial Crimes Commission (EFCC) be channeled to the Nigerian Education Loan Fund (NELFund) to strengthen the financing of tertiary education.

The President also directed that funds in the Unclaimed Dividends Trust Fund and the Dormant Accounts Trust Fund be mobilised for NELFund, subject to compliance with the laws establishing the two funds.

The Minister of Education, Dr. Tunji Alausa, disclosed this on Wednesday while briefing journalists at the State House, Abuja, after the fourth Federal Executive Council (FEC) meeting of the year, presided over by President Tinubu.

Alausa, who described the decisions as a major boost for Nigerian students, clarified that the directive concerning EFCC recoveries applies strictly to liquid funds that have been legally recovered and are no longer subject to litigation.

He stressed that seized properties, assets, or funds still encumbered by court cases would not be transferred to NELFund.

According to him, the President directed the Attorney-General of the Federation and Minister of Justice, Minister of Finance, Ministry of Education, the Debt Management Office and other relevant agencies to work out the legal and operational frameworks for transferring the affected funds.

The Attorney-General, he added, would also work with the EFCC Chairman to identify recovered funds that are legally available for transfer.

“The President was very clear: not seized properties, all recovered looted funds, liquid funds recovered by the EFCC will now be transferred to NELFUND”, the minister said.

Alausa explained that the government would similarly examine the existing legislation governing the Unclaimed Dividends Trust Fund and Dormant Accounts Trust Fund to determine the appropriate legal steps required to make the resources available to NELFund.

He said President Tinubu insisted that only funds free of legal encumbrances would be affected by the directive.

“Every single fund that is still subject to a legal challenge will not be part of the money that will be transferred to NELFUND. The funds that will be transferred will be all cleared funds, unencumbered funds that were looted, funds that legally belonged to Nigeria, to Nigerians,” he said.

The minister said the President considered education one of the most productive uses for recovered public funds, especially as the administration seeks to build the human capital required to drive its ambition of growing Nigeria into a $1 trillion economy.

According to him, the decision is intended to put NELFund on a sustainable financial footing as demand for the student loan scheme continues to expand.

Alausa said more than 1.2 million Nigerian students are currently benefiting from NELFund, adding that the agency has disbursed more than N93 billion as upkeep allowances to students in Federal and State-owned public institutions.

He said more than N250 billion had also been disbursed as institutional fees to public tertiary institutions across the country.

“The education of our children cannot wait; it is of utmost importance to him, and he will do anything and everything to protect the future of every single Nigerian child, every single Nigerian student”, Alausa said of the President.

He described the student loan programme as fulfilment of one of Tinubu’s campaign promises to broaden access to tertiary education irrespective of students’ financial backgrounds.

The minister also addressed complaints about institutions withholding refunds from students who had already paid school fees before NELFund subsequently remitted their institutional charges.

He said the government had established a framework requiring institutions to refund affected students within a stipulated period, saying the widespread difficulties reported during the early stages of the scheme had been resolved.

According to him, any outstanding individual case brought to the ministry’s attention would be investigated.

Meanwhile, the FEC approved an augmentation of about N118.31 billion to complete the long-abandoned National Library of Nigeria headquarters complex in Abuja, as well as about N37 billion to furnish it.

Alausa said the National Library project, which commenced on April 29, 2006 and was originally scheduled for completion within two years, had remained abandoned since work stopped in October 2008.

He said President Tinubu had directed the ministry to mobilise resources to revive the project, including funding sourced through the Tertiary Education Trust Fund (TETFund).

The minister also acknowledged the contribution of First Lady, Senator Oluremi Tinubu, who had requested that gifts for her birthday be directed toward completing the National Library.

According to him, the initiative raised about N25 billion towards the project.

“The council today approved the augmentation of the existing contract for the completion of the construction of the National Library of Nigeria headquarters building complex in Abuja”, he said, adding that the government hoped construction would resume within the next few months.

Alausa said FEC also approved the establishment of the Nigerian Academy for the Gifted and Talented, which would emerge from the transformation of the existing Suleja Academy.

He explained that Suleja Academy was established to identify and nurture exceptionally gifted Nigerian children but had, over the years, operated largely like one of the Federal Government Colleges, preventing it from fully achieving its original mandate.

Under the proposed arrangement, the institution would become an autonomous academy with its own governing structure and diversified funding sources, including federal appropriation, endowments, and gifts.

According to the minister, the academy would identify gifted children across the country and provide an environment in which their abilities could be developed for innovation and national development.

FEC consequently approved the preparation of an executive bill by the Attorney-General of the Federation for transmission to the National Assembly to give legal effect to the transformation.

“We have to look for every single genius in this country and bring them in, nurture them, and let them help create the Nigeria of tomorrow,” Alausa said.

Council also approved the deployment and implementation of an Entrepreneurship, Innovation and Business Incubation Certification programme in selected Nigerian universities.

Alausa described the initiative as a technology-driven programme designed to equip university students with entrepreneurship, innovation, business incubation, enterprise development and digital skills, backed by certification, mentorship and incubation support.

He said the programme, which had already been tested at the University of Lagos, was designed to change the orientation of graduates from merely seeking employment to becoming entrepreneurs, innovators and job creators.

According to him, the programme will begin this year in 14 federal universities before being expanded to other tertiary institutions.

The initial participating institutions are: Ahmadu Bello University, Zaria; Bayero University, Kano; Nnamdi Azikiwe University, Awka; Obafemi Awolowo University, Ile-Ife; University of Abuja; University of Benin; University of Ibadan; University of Ilorin; University of Jos; University of Lagos; University of Maiduguri; University of Nigeria, Nsukka; University of Port Harcourt; and Usmanu Danfodiyo University, Sokoto.

Alausa said the approvals reflected the administration’s determination to position education at the centre of Nigeria’s economic transformation and ensure that young Nigerians acquire both academic knowledge and practical capabilities required to participate in the emerging economy.

He said President Tinubu has given the education ministry a clear mandate to ensure that every Nigerian child has access to education of a quality comparable with standards obtainable elsewhere in the world.

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US Lawmaker Moore Insists Nigeria’ll Remain on CPC List, Gives Reasons

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A United States Congressman, Rep Riley Moore, has reiterated why America cannot lift Nigeria from its Country of Particular Concern (CPC) designation.

In a Tuesday post on his verified X handle, Moore insisted that Christians are being slaughtered across the Middle Belt of Nigeria with impunity.

His remark stemmed from the recent attack in Plateau State, where at least 23 persons were brutally killed after gunmen invaded a community in the state.

“This is exactly why the US Department of State cannot lift Nigeria’s CPC designation. Christians are being slaughtered across the Middle Belt with impunity.

“There may be progress in the north, but nothing has changed in the Middle Belt, where most attacks against Christians occur.

“We cannot make the same mistake the Biden administration made. Biden removed the CPC designation from Nigeria after President Trump’s first term and all hell broke loose on Christians. We must stop the genocide,” he tweeted.

The United States last year declared Nigeria a Country of Particular Concern due to the persistent killing of Christians in the country.

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2027: Amupitan Assures Candidates, Parties of Level Playing Ground

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Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, has assured political parties and Nigerians that the commission will not favour any candidate in the 2027 general elections.

Prof. Joash Amupitan gave the assurance on Tuesday at the formal signing of the First National Peace Accord to commit candidates and political parties to issue-based campaigns for the 2027 general election.

The event was organised by the National Peace Committee in partnership with The Kukah Centre.

Amupitan said INEC has no interest in determining who wins or loses the election, stressing that its responsibility was to provide a transparent, credible and level playing field for all contestants.

“Let me state unequivocally that INEC has no interest in who wins or loses any election. The Commission does not have a candidate, nor does it favour any political platform.

“Our only interest is a lawful, transparent, credible, and inclusive process. We will act as an uncompromising, impartial umpire, ensuring a level playing field for all contestants,” Amupitan said.

He pledged that the commission would remain an “uncompromising, impartial umpire,” committed to ensuring a lawful, transparent, credible and inclusive electoral process.

 The INEC chairman also urged political parties and candidates to ensure that the 2027 campaigns focused on issues affecting Nigerians rather than personal attacks, character assassination and inflammatory rhetoric.

He said the signing of the Peace Accord was particularly significant as campaigns for the presidential and National Assembly elections are scheduled to commence on Wednesday, August 19, 2026.

Amupitan said the timing of the accord provided an opportunity for political actors to establish the ethical boundaries of the electoral contest before campaigns officially begin.

He described electoral contests in a constitutional democracy as “competitive job interviews before the electorate,” stressing that Nigerians deserved substantive debates on the country’s challenges.

He urged candidates to present clear and measurable programmes on economic growth, national security, infrastructure, healthcare, education and social inclusion.

Amupitan also warned political parties against the spread of misinformation and disinformation, particularly through their digital media teams, spokespersons and online supporters.

He said unverified and premature declarations of election results could trigger panic and undermine public confidence in the electoral process.

 The INEC chairman warned against incitement, identity-based provocation and the deployment of private armed groups, saying such actions could compromise the electoral process even before Election Day.

He said the commission’s preparations for the 2027 elections were progressing, noting that INEC was scaling up its logistics to manage about 1.4 million ad-hoc personnel across more than 176,000 polling units nationwide.

According to him, the commission had spent the past eight months refining its technology, improving logistics and training personnel, with lessons from recent elections in Anambra, the FCT, Ekiti and Osun states contributing to its preparations.

Amupitan stressed that INEC could not deliver a credible election alone.

“As I have often said, INEC cannot deliver a perfect election alone. An election is a multi-stakeholder venture. We provide the pitch and the refereeing, but the quality of the game depends on the players,” he said.

Amupitan also disclosed that the commission was introducing further transparency measures in the result-management process to improve the credibility of the 2027 elections.

He called on political actors to compete vigorously but peacefully, warning that no candidate or party would truly win if Nigeria emerged weakened from the electoral process.

“Peace is not the absence of competition; it is the presence of rules and the willingness to abide by them. Let us compete vigorously, but let us compete decently. Let us remember that at the end of this exercise, there will be no winners if Nigeria is the loser,” he said.

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