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Nigeria’s Loss of $9.6bn: Who’s Responsible?
By Eric Elezuo
On August 16, 2019, the Nigerian government received the greatest shock of its administration when a British Court awarded over $9 billion damages against it for failing to honour a contract in a landmark judgement.
The judgment, which was delivered by Justice Butcher of The High Court of Justice, Business and Property Courts of England and Wales, ruled against Nigeria’s objection to arbitration which in 2017 settled that the Nigerian government should pay $6.6 billion as damages to a company, Process & Industrial Development Limited (P&ID). The damages and interest add up to a figure above $9 billion.
Nigeria’s former Attorney-General, Mr. Bayo Ojo, was among the three member arbitration panel that gave judgement in favour of P&ID against the Nigerian government and at the same time secured the monetary award. While Mr. Ojo tried his best to ensure that Nigeria escaped with a paltry $250 million, the majority opinion of Lord Hoffmann and Anthony Evans, the two other members of the panel, ensured that Nigeria lost the case.
Hoffmann and Evans held that P&ID’s expenditure and income should have been about $6.597 billion if the agreement was duly performed by the government. They also insisted that the award should be paid together with interest at the rate of 7 per cent from March 20, 2013.
Ever since the judgement, blames have been traded between the present All Progressives Congress (APC) administration led by Muhammadu Buhari, and previous administrations dating back to the late Umaru Musa Yar’dua era.
Leading the blame game is the returnee Minister of Justice and Attorney General of Nigeria, Mallam Abubakar Malami. The Minister, who was reappointed by President Muhammadu Buhari, few days after the judgement described the ruling as the “consequences of the underhand dealings of the past administration”.
He said: “Sadly, in spite of the spirited and concerted efforts of the current administration to combat corrupt practices and rent-seeking in all its forms, Nigerians woke up on Friday, August 16, 2019, to the rudest consequences of the underhand dealings of the past administration that has resulted in the award of $9 billion against the Federal Republic of Nigeria, by a British court which ruled that Process and Industrial Development Limited had the right to seize $9 billion in Nigerian assets.”
The lawyer went ahead and specifically fingered the administration of former President Goodluck Jonathan as the culprit, saying he connived “with local and International conspirators in a bid to inflict grave economic adversity on the Federal Republic of Nigeria and the good people of Nigeria.”
Malami concluded his blame with a threat, stressing that the federal government would punish any government official whose action or inaction led to the award of $9 billion damages against Nigeria. He also promised that the government “will vigorously defend its rights to protect its people’s assets around the world against the enforcement of the judgement.”
It is worth knowing that the value of the penalty represents approximately a fifth of the country’s foreign reserves of $45bn. the fact of the case is itemised as follows:
- The agreement, which set the basis for the current legal action, was a Gas Supply and Processing Agreement signed in January 2010.
- If concluded, the deal would have offset a significant percentage of Nigeria’s energy deficit (Africa’s largest oil and gas producer has a notoriously epileptic power supply).
- P&ID claims about $40m were expended on the project, but Nigeria did not meet its obligations and cost the company billions in damages representing future profits it had lost.
- In 2013, after the deal failed, P&ID dragged the government to court and won a $6.6bn arbitration case against the Federal Government.
- Four years later, the firm was awarded $6.6bn, with an additional $2.4bn included as accrued interest.
- Nigeria for years resisted P&ID’s attempts to begin enforcement proceedings of the rulings in the US and the UK; the judgement by the British court now allows the firm to begin seizing Nigerian assets.
- Under the Jonathan administration, Nigeria negotiated an out-of-court settlement with P&ID for a far smaller sum of $850m. However, the president left the payment to the incoming Buhari administration, which set aside the settlement and asked its lawyers to return to litigation.
Undaunted by the threats and name calling of the Buhari government, the Jonathan camp responded, throwing the blame to the feet of the present administration. It alleged that the administration failed to pay the $850million out of court settlement with P&ID just to spite the previous administration. The government has however, denied that it did not handle the case diligently.
In a statement, signed by a former aide of Jonathan, Mr. Reno Omokri, the Jonathan camp noted as follows:
“Former President Jonathan was not president in January 2010. During that time, he was completely shut out of power by an unelected cabal that ran Nigeria during the period of the ill health of the late President Yar’Adua, before the National Assembly courageously intervened on February 9, 2010.”
Jonathan assumed office in February 2010 and, according to Omokri, the deal had by then already been set in motion by Rilwanu Lukman, Umaru Musa Yar’Adua’s Petroleum Minister. The cabinet and close allies of the late president had refused to turn over sensitive documents to his deputy because Yar’Adua hadn’t handed over to him as constitutionally stipulated.
“That same cabal has resurrected and has now coalesced around President Muhammadu Buhari, with some of them being made either ministers, or formal and informal advisers. As a matter of fact, the main man behind that cabal is now one of the closest persons to General Buhari.”
It is okay that the Attorney General has sworn to prosecute and punish everyone involved and responsible for the loss, if it is eventually executed, one thing must be established, will he also prosecute himself if given the afore-mentioned, he also had a role to play.
Arise Television anchor, Rufai Oseni, has alleged that there may be attempts to prevent key opposition figures, including Peter Obi and Atiku Abubakar, from appearing on the ballot for the 2027 general elections.
Oseni’s remark followed a Federal High Court judgment ordering the de-registration of some political parties.
Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples’ Party (APP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches.
The judgment arose from a lawsuit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional and statutory electoral performance requirements necessary for continued recognition as political parties.
Justice Lifu subsequently barred INEC from recognising the affected parties, accepting nominations from them or permitting them to participate in activities related to the 2027 general elections.
The ruling, if upheld, could affect the political ambitions of several politicians, including former Vice President Atiku Abubakar, who is the ADC presidential flag-bearer, and Osun State governor Ademola Adeleke, who is seeking re-election on the platform of the Accord Party.
But speaking on Arise TV’s Morning Show on Tuesday, Oseni described the court ruling as a “test” of public reaction, warning that more actions could follow ahead of the next general election.
According to him, opposition parties such as the African Democratic Congress, ADC, and the Nigeria Democratic Congress, NDC, should be cautious, claiming that efforts could be made to stop major figures from participating in the election.
Oseni argued that the judgment was part of a broader process aimed at shaping the political landscape ahead of 2027.
He maintained that the ruling came despite some of the affected parties having recorded electoral victories in recent elections.
He warned that Nigerians must remain vigilant to safeguard the country’s democracy, stressing the need for judicial reforms alongside efforts to tackle insecurity.
Oseni said: “NDC, ADC should be careful because there will be attempt, and this is me predicting now, to ensure that Obi, Atiku and other big contenders are not on the ballot.
“This that you saw yesterday is just a test. This is not the real place where the whole thing is going. This is me predicting now.
“You know before you have a show you test the microphone. They want to see the reactions of Nigerians. More is still coming.
“You can see how they carry a judgement when ADC won two House of Representatives seats in Kogi, one Kogi House of Assembly seat, APP one chairmanship seat in Jigawa, Zenith Labour party won several seats in Abia, but they still went ahead and issued judgement for deregistration after the Court of Appeal, a higher court, said it should stay on that.
“If we want to deal with this judicial rascality, can I tell you something? The judge that gave this judgment, nothing will happen to him. Nothing on this earth. They are just coming.
“And who is leading this group? Gbajabiamila. Have you forgotten what Gbajabiamila said on Hon Ajibade’s birthday? So they are just coming. This one is just a test. The next one they will do is the NDC.
“With the way they’re going, if Nigerians don’t shine their eyes when they will finally have this election, you will not have the major contenders in the ballot. This thing they have just done is to test reactions from Nigerians.
“I saw this thing coming. You know we are going into an election in which Atiku Abubakar is the only major candidate from the North. It’s not like the last one you have Kwankwaso that can split the Kano votes. And you have Peter Obi and general consensus that a lot of people are in abject penury, insecurity is raging hard.
“This is the beginning of many things. They are just testing the microphone. It’s engineered. More is coming. Nigerians, it is you that will save your democracy. Judicial reforms have become so important as insecurity in Nigeria.”
The African Democratic Congress (ADC) presidential candidate, former Vice President Atiku Abubakar, has picked former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as his running mate.
Announcing the decision, ADC National Publicity Secretary, Bolaji Abdullahi, said Amaechi’s emergence followed broad consultations within the party and reflected his strong performance as runner-up in the party’s presidential primaries as well as his track records of service to his state and the country.
According to the ADC, Amaechi’s extensive experience across both the legislative and executive arms of government, as former Speaker of the Rivers State House of Assembly, two-term Governor of Rivers State, and former Minister of Transportation, makes him uniquely qualified to complement Atiku’s leadership, strengthen the party’s national appeal, and bolster its campaign to offer Nigerians an experienced and credible alternative ahead of the 2027 presidential election.
The party said the choice of Amaechi underscores its commitment to presenting a leadership team with proven governance experience and national appeal as it prepares for the 2027 presidential contest.
ThisDay
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Nigerian National Petroleum Company Limited (NNPCL) “over its failure to account for approximately ₦5.9 billion reportedly spent on the incorporation, transition, and rebranding of NNPC into NNPCL.”
The NNPC reportedly paid N2.9 billion for incorporation expenses from petroleum product proceeds, while the National Petroleum Investment Management Services (NAPIMS) also charged N2.9 billion to crude oil revenue for the same purpose, bringing the total amount spent on the rebranding of NNPC to NNPCL to ₦5.9 billion.
In the suit number FHC/ABJ/CS/1248/2026, filed last week at the Federal High Court in Abuja, SERAP is seeking “an order of mandamus to direct and compel the NNPCL to account for about ₦5.9 billion allegedly spent on the rebranding of the NNPC to the NNPCL.”
SERAP is asking the court to “direct and compel the NNPCL to provide a comprehensive reconciliation statement detailing the specific financial transactions relating to the ₦5.9 billion expenditure, including the identities of the contractors involved, and how the funds were utilized for the rebranding of NNPC to NNPCL.”
SERAP is also asking the court to “direct and compel the NNPCL to disclose the names and official positions of the government officials who authorized and approved the release and expenditure of the ₦5.9 billion reportedly spent on the rebranding of NNPC to NNPCL, and to clarify whether the expenditure complied with applicable procurement laws and due-process requirements.”
In the suit, SERAP is arguing that: “There is a legitimate public interest in the disclosure of the details sought. The NNPCL has a legal responsibility to explain whether the ₦5.9 billion expenditure represents value for money, constitutes lawful spending of public funds, and complies with applicable due process requirements.”
SERAP is also arguing that, “There ought to be full transparency and accountability regarding the reported ₦5.9 billion spent on rebranding NNPC to NNPCL. Nigerians have the right to know who approved the expenditure, who received the funds, the nature of the services rendered, and whether due process and procurement requirements were strictly followed.”
According to SERAP, “the disclosure of the identities of the officials involved and the processes followed in approving the expenditure would enable the public to assess whether the expenditure was properly authorized, represented value for money, and was undertaken in accordance with due process and procurement requirements.”
“Given the size of the reported expenditure and the importance of transparency in the management of public resources within the petroleum sector, there is an urgent need for a prompt, thorough, and transparent disclosure of the details surrounding the spending of the funds.”
The suit filed on behalf of SERAP by its lawyers, Oluwakemi Agunbiade, Kehinde Oyewumi, and Andrew Nwankwo, read in part: “The alleged spending of the ₦5.9 billion suggests a grave violation of the public trust and the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s international anticorruption obligations.”
“The failure to account for the spending of the ₦5.9 billion on rebranding from NNPC to NNPCL reflects a failure of NNPCL accountability more generally and is directly linked to the institution’s continuing failure to uphold transparency and accountability principles.”
“The refusal or failure of the NNPCL to provide a detailed account of the expenditure undermines the right of access to information concerning the management of public resources.”
“Senate Committee on Public Accounts reportedly raised serious concerns regarding the expenditure of the ₦5.9 billion described as incorporation and transition expenses allegedly incurred during the process of transforming the NNPC into the NNPCL.”
“The Committee described the spending of the ₦5.9 billion as excessive, unjustifiable, and deserving of further explanation, investigation, and legislative scrutiny in the public interest.”
“The transformation of the national oil company from the NNPC into the NNPCL occurred following the enactment of the Petroleum Industry Act (PIA) 2021, which required the corporation to become a commercially oriented limited liability company fully owned by the federal government.”
“Section 13 of the Nigerian Constitution 1999 [as amended] requires all public institutions including the NNPCL to conform to and apply the provisions of Chapter II of the Constitution, while Section 15(5) mandates the public institutions to abolish all corrupt practices and abuse of power.”
“Similarly, Section 16 of the Constitution requires the public institutions to ensure that the material resources of the nation are harnessed and distributed as best as possible to serve the common good.”
“Articles 5 and 9 of the UN Convention against Corruption require Nigeria to ensure transparency and proper management of public funds.”
“Article 21 of the African Charter on Human and Peoples’ Rights recognizes the right of peoples to freely dispose of their natural resources and provides that the misappropriation of such resources shall give rise to the right of the people to recovery and compensation.”
