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Nigeria Loses Sovereign Immunity Claim As US Court Upholds $70m Award to Chinese Firm

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Nigeria’s claim to sovereign immunity cannot stand in a commercial venture, a US Appeal Court has ruled.

The court rejected Nigeria’s sovereign immunity defence to the enforcement of a $70 million investment treaty award won by Zhongshan Fucheng Industrial Investment Co. Ltd., a Chinese investor, in a free trade zone.

Nigeria had “gruesomely” violated both fundamental and commercial rights of the Chinese firm, judges at the US Court of Appeals in Washington DC ruled.

In a 2-1 verdict delivered on August 9, documents of which are attached, majority ruling affirmed the judgment of the US district court for the District of Columbia that held that the arbitration award is enforceable.

In January 2023, Beryl Howell, the presiding judge of the lower court, dismissed Nigeria’s argument that the court did not have jurisdiction over the case since the country is a sovereign entity.

Howell held that the court has jurisdiction since the United Kingdom (UK), where the $70 million arbitration award was issued against Nigeria, is a signatory to the New York Convention.

In 2010, Zhongshan, through Zhuhai Zhongfu Industrial Group Co. Ltd. (Zhuhai), its Chinese parent company, acquired rights to develop a free trade zone in Ogun state.

A year later, Zhongshan set up Zhongfu International Investment (NIG) FZE (Zhongfu), a Nigerian entity, to manage the project under the permission of the Ogun state government.

However, things took a different turn in July 2016 when the investor accused the state government of abruptly moving to terminate its appointment while attempting to install a new manager for the free trade zone.

Subsequently, Zhongfu initiated an investment treaty arbitration against Nigeria under the bilateral investment treaty between the People’s Republic of China and Nigeria (the China-Nigeria BIT).

The arbitrators had ruled that Nigeria was in breach of its obligations under the China-Nigeria BIT and awarded Zhongshan compensation of around $70 million.

In January 2022, the Chinese company initiated a case to seek enforcement of the arbitration award.

Nigeria pleaded state immunity but was turned away by Sara Cockerill, a high court judge in the UK, who said the country abused the time frame for appealing arbitral awards.

In the majority judgment, the US appellant court held that the final arbitration award is enforceable under the New York convention since the dispute is between “persons” that share a legal commercial relationship.

The court ruled that the Foreign Sovereign Immunities Act (FSIA) arbitration exception stripped Nigeria of the sovereign immunity in the arbitration award case.

“For the foregoing reasons, we hold that the final award is enforceable under the New York convention because it arose out of differences between ‘persons’ that share a legal, commercial relationship,” the majority judgment reads.

“The district court therefore has jurisdiction over this case under the FSIA’s arbitration exception. The judgment of the district court is affirmed.”

The majority judgment was issued by Patricia Millett and Julianna Childs.

In the dissenting judgment, Gregory Katsas, the third judge, argued that when the New York convention was drafted, the word “persons” did not include a sovereign nation.

Katsas held that the action of Ogun State cannot be attributed to Nigeria, adding that the arbitration award “arises solely out of Nigeria’s sovereign acts governed by public international law”.

“Text, legal context, and drafting history all indicate that the word ‘persons,’ as used in the New York Convention, does not include signatory nations acting as sovereigns. I respectfully dissent,” Katsas said.

Three days after the judgment of the US appeal court, a Paris court in France ordered the seizure of three jets belonging to the Nigerian government over the dispute involving the arbitration award to the Chinese firms.

In 2023, a court of appeal in the UK ruled that Nigeria is liable for a $70 million arbitration award in favour of the Chinese firm.

The development means that Nigeria has lost arbitration award cases against the Chinese firm in France, the US, and the UK.

The Nigerian government has accused the Chinese firm of attempting to use deceptive means to acquire the country’s offshore assets.

Agency Report

Below is the detailed judgment:

23-7016-2069169

United States Court of Appeals

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2027: G100 Top Shots for Abuja Monday Meeting

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Key leaders of Nigeria’s opposition, including former Vice President Atiku Abubakar and former Governor of Anambra State, Peter Obi, are expected to attend the First Summit of Nigeria’s Opposition Political Parties, convened by the G100, on Monday, August 31, 2026, at the Yar’Adua Centre, Abuja.

The summit, under the theme, “A Framework for Opposition Cooperation and Coordination,” will bring together the leadership of six major opposition parties to begin structured negotiations on the terms, institutions and principles upon which they may cooperate ahead of the 2027 general election.

In a statement signed by G100 Convener, Salihu Moh. Lukman, the group said the meeting is not meant to decide presidential candidacy in one sitting, but to establish a formal architecture for transparent and collective negotiations.

“The first question before party leaders is not who leads the ticket. It is what we are, together, prepared to do for this country,” the statement said.

The summit follows the G100’s publication on 2 August 2026 of the Doctrine of a Necessary Democratic Opposition, and weeks of consultations with the African Democratic Congress (ADC), Allied Peoples Movement (APM), Nigeria Democratic Congress (NDC), Peoples Democratic Party (PDP), Peoples Redemption Party (PRP) and Social Democratic Party (SDP).

Those talks produced a shared briefing document that identified areas of convergence while acknowledging the parties’ distinct histories and interests.

“At the centre of the consultations was a common recognition of the need for a credible, organised and competitive democratic opposition, and a willingness to engage the difficult questions that meaningful cooperation ahead of 2027 will require,” Lukman stated.

Among the proposals before the summit is the creation of five specialised Working Groups.

If approved, the groups will have four weeks to develop the principal documents and agreements needed to give institutional form to opposition cooperation.

“Cooperation does not require any party to disappear into another. The first question before party leaders is not who leads the ticket. It is what we are, together, prepared to do for this country.

“The First Summit is not intended to determine, in a single sitting, questions of presidential candidacy or the final form that opposition cooperation may take. Its immediate purpose is more fundamental, to establish and authorise a formal architecture through which those questions can be negotiated collectively, transparently and in good faith.

“Each participating political party is expected to attend with a delegation of leaders and key stakeholders, drawn from its national leadership and other relevant constituencies within the party. These delegations will participate fully in the deliberations of the Summit, ensuring that the process extends beyond the principal party leaders and draws upon a broader representation of political experience, perspectives and interests.

“Among the proposals before the Summit will be the establishment of structures that will facilitate negotiations and cooperation and five specialised Working Groups. Subject to the decisions of the participating parties, these bodies will be mandated to develop, within four weeks, the principal documents and agreements required to give institutional form to opposition cooperation,” the statement added.

Each party is expected to attend with a delegation drawn from its National Working Committee (NWC) and other key constituencies.

Expected participants at the summit are national chairmen and NWC members of ADC, APM, NDC, PDP, PRP, SDP; presidential candidates and running mates of the participating parties; and G100 signatories and members of the Minority Caucus of the House of Representatives.

The G100 said it is convening the summit as a facilitator and observer, not as a substitute for the constitutional authority of the parties.

“The decisions arising from this process will remain the responsibility of the parties themselves,” the statement added.

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Reps Minority Caucus Urges Tinubu to Halt Bloodshed in the North, Release El-Rufai

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The Minority Caucus of the House of Representatives has called on President Bola Ahmed Tinubu to take immediate and decisive action to end the escalating wave of terrorism and banditry across Northern Nigeria.

In a statement issued on Thursday amid growing attacks on communities, the caucus said the scale of killings, kidnappings and displacement had become intolerable, urging the President to deploy a sustained and coordinated security operation to reclaim territories controlled by terrorists and criminal gangs.

The lawmakers, in the statement signed by Hon. Fredrick Agbedi, leader minority caucus, and Hon. Afam Victor Ogene minority caucus spokesperson, cited recent attacks in several northern states, including Plateau, Niger, Sokoto, Kaduna and Katsina, where dozens of residents have reportedly been killed or abducted.

In Mangu Local Government Area of Plateau State, the caucus said more than 20 people were killed in recent attacks, including at least 23 victims in one incident. In Niger State, armed men reportedly attacked communities in Borgu Local Government Area and abducted more than 60 worshippers during Friday prayers.

The caucus also cited the killing of at least 40 people in Ungushi community, Kebbe Local Government Area of Sokoto State, including the Chief Imam, Imam Aliyu, as well as the death of at least 30 people in an attack on Naridon village in Kaura Local Government Area of Kaduna State.

According to the lawmakers, continued bandit attacks and reprisals in Katsina State have further deepened fear among residents.

The situation in Borno State was also highlighted, with the caucus expressing concern over schoolchildren who have remained missing months after their abduction.

“This is no longer a situation that can be addressed principally through statements of condemnation after every attack,” the caucus said, insisting that Nigeria needs an “intelligence-led” and sustained security response.

The lawmakers urged Tinubu to replicate on a larger scale the strategy that led to the rescue of schoolchildren and teachers abducted in Oriire Local Government Area of Oyo State.

They called for affected areas to be placed under intensive security operations, with security forces directed to dominate the territory and conduct sustained operations against terrorist and bandit hideouts, forests and criminal enclaves.

The caucus stressed that such measures should target the operational space of criminal groups rather than innocent civilians.

“We are calling on the President to lock down the affected theatres of operation, dominate the territory and sweep the forests, hideouts and criminal enclaves where terrorists and bandits operate. Such an operation must be intelligence-led, professionally executed and sustained until the criminal elements are neutralised and the abducted citizens rescued.

“We are not asking the President to lock down innocent Nigerians. We are asking the Commander-in-Chief to lock down the operational space of terrorists and bandits, deny them freedom of movement, cut off their supply lines and communications and deploy overwhelming force against those who have turned parts of the North into killing fields and centres of mass abduction,” the lawmakers said.

They also urged the President to visit Zamfara State and travel to Illela to engage directly with communities affected by insecurity, arguing that Nigerians need to see their President physically present in areas suffering from attacks and abductions.

The Minority Caucus further called for extraordinary funding for the security campaign, proposing that the Federal Government consider drawing $5 billion from the nation’s external reserves if necessary.

“If funding is an issue, the government should draw $5 billion from the nation’s external reserves for an extraordinary national security intervention. The primary purpose of government is the welfare and security of the people and no expenditure can be more fundamental than protecting the lives and livelihoods of Nigerian citizens,” the caucus said.

The lawmakers welcomed the recent increase in the salaries of members of the Armed Forces, describing it as an important step towards improving the welfare and morale of soldiers. However, they urged the President to immediately forward the necessary amendment to the 2026 Appropriation Act and a Supplementary Appropriation Bill to the National Assembly.

They said the National Assembly should be prepared to reconvene, if necessary, to ensure that the salary increase is implemented without bureaucratic delays.

The statement also addressed the detention of former Kaduna State Governor, Nasir El-Rufai, which it said  “has increasingly assumed the character of a political persecution.”

The caucus demanded his immediate release, arguing “our concern is not merely about one individual. It is about the credibility and consistency of the Federal Government’s anti-corruption campaign. The composition of the APC Presidential Campaign Council and the prominent roles occupied within that political structure by individuals who have themselves been the subject of serious corruption allegations and public controversy, has made a mockery of the government’s claim to be pursuing a principled and even-handed war against corruption.

“It is difficult for the government to demand public confidence in its anti-corruption campaign when the political architecture through which the President seeks the mandate of Nigerians included individuals whose records and allegations have raised serious questions about the integrity of that campaign.”

The Minority Caucus said Nigerians needed action rather than condolences and called on President Tinubu to use his constitutional authority and the country’s security resources to protect citizens.

“The bloodshed in Northern Nigeria must stop. The abducted must be rescued. The terrorists and bandits must be defeated,” the caucus said.

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Atiku Dares Tinubu over $16bn Power Sector Fund Probe

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Former Vice President Atiku Abubakar has dared the President Bola Tinubu administration to investigate him (Atiku) over allegations of wrongdoing in the $16 billion power sector fund, saying recycled accusations should not be used to avoid accountability for subsidy savings.

Reacting on Wednesday through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku described the sudden revival of old allegations on power, privatisation and public assets as a ploy to divert attention from pressing questions about the management of public resources.

“The National Assembly investigated the power projects. I was never invited to answer any allegation of wrongdoing,” Atiku said.

“Yes, I chaired the National Council on Privatisation as Vice President. But on the power project, I disagreed with its concept and did not preside over its implementation. The responsible minister did. The same applies to the Aluminium Smelter matter.”

The presidential candidate of the African Democratic Congress (ADC) said he had consistently called for investigation into any claim against him since leaving office in 2007.

“I have repeatedly asked to be investigated. I left office in 2007 and have spent much of the period since then opposing governments in power. If there is evidence that I stole public money, why has no government produced it before a court?

“It is still not too late. Investigate me. Invite me. Produce the evidence. Prosecute me if you have a case. But propaganda cannot substitute for evidence,” he said.

Atiku argued that the attacks intensified because he has been demanding transparency on the funds saved from fuel subsidy removal.

“They removed subsidy from the poor and promised that the sacrifice would free resources for development. Nigerians accepted extraordinary pain on that promise.

“Today, petrol is more expensive, transportation is more expensive, food is more expensive and the purchasing power of the Nigerian worker has been devastated.

“Meanwhile, government revenues have increased, while fiscal incentives, waivers, tax credits and concessions continue to be available to powerful economic interests.

“So our question remains brutally simple: Where is the people’s money?” he asked.

According to him, government cannot withdraw relief from ordinary Nigerians while granting concessions to the wealthy and then claim that intervention for the poor is “economically irresponsible.”

“You cannot take relief away from the poor, celebrate the resulting revenue and then tell the same impoverished citizens that government intervention on their behalf is economically irresponsible while interventions benefiting powerful interests are called incentives. That hypocrisy is precisely what we are challenging,” Atiku stated.

He said no amount of “sponsored social-media mudslinging” would silence him from demanding accountability.

“The people who removed subsidy from the poor cannot frighten us into silence by resurrecting allegations that governments with all the investigative machinery of the Nigerian state have had nearly two decades to establish.

“If you have evidence against Atiku, bring it. If you have a case, prosecute it.

“But if you have neither, stop manufacturing distractions and answer Nigerians: You removed the subsidy. You collected the savings. Where is the money?”

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