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Crime & Court

Nigeria Triumphs in $11 Billion P&ID Case

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Justice Robin Knowles of the Commercial Courts of England and Wales has ruled in favour of Nigeria in the enforcement of an $11 billion Process & Industrial Developments (P&ID) Limited arbitration award.

The judgment was issued both in open court and electronically via email to the parties on Monday, marking Nigeria’s successful effort to halt the enforcement of the award, which initially favoured P&ID.

According to Justice Knowles, the award against Nigeria by the company was obtained by fraud.

He stated, “In the circumstances and for the reasons I have sought to describe and explain, Nigeria succeeds on its challenge under section 68. I have not accepted all of Nigeria’s allegations. But the Awards were obtained by fraud, and the way in which they were procured was contrary to public policy,” the judge ruled.

The dispute traces back to January 2010 when P&ID signed a Gas Supply and Processing Agreement (GSPA) with Nigeria to develop a processing plant in Calabar, the Cross River State capital. However, the deal fell apart in August 2012, leading P&ID to seek $5.96 billion in compensation from Nigeria through arbitration at the London Court of International Arbitration.

In January 2017, the arbitration panel found Nigeria in breach of the contract and ordered the country to pay the company $6.6 billion, along with interest starting from May 2013. Before the verdict, the interest, fixed at seven percent ($1 million daily), had accrued to over $11 billion.

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Nigeria subsequently filed an appeal against the enforcement of the award, and the court granted the relief sought by the country in September 2020.

Nigeria argued that there was substantial evidence of fraud in the contract and the arbitration award’s procurement. The Nigerian side urged the court to set the award aside, highlighting that some individuals involved in the case were facing trials for money laundering and corruption.

In his ruling, Justice Knowles not only concurred that the arbitration awards were obtained by fraud but also found that the manner in which they were procured was contrary to public policy.

He emphasised the gravity of the case and the significance of Section 68 in upholding the rule of law, outlining the court’s powers regarding irregularities in the tribunal, proceedings, or award.

Also, Justice Knowles agreed to consider the question of the order the court should issue at a later date, allowing the involved parties to present their arguments once they have digested the judgment.

This decision maintains a fair and thorough legal process in this complex international dispute.

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Crime & Court

Court grants EFCC interim order to freeze over 1,000  bank accounts

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Justice Emeka Nwite of the Federal High Court Abuja has granted the Economic and Financial Crimes Commission (EFCC) an interim order to freeze 1,146 bank accounts owned by individuals and companies under investigation.

The investigation revolves around alleged offences related to unauthorised dealing in forex exchange, money laundering, and terrorism financing.

The judge’s decision came as a response to a motion presented by EFCC counsel, Ekele Iheanacho, during proceedings.

Justice Nwite stated, “That an order of this honourable court is hereby made freezing the bank accounts stated in the schedule below which accounts are owned by various individuals who are currently being investigated in a case involving the offences of unauthorised dealing in foreign exchange, money laundering and terrorism financing to the extent that the investigation will be for 90 (ninety) days.”

Moreover, the preliminary investigation uncovered a connection between these accounts and individuals exploiting virtual cryptocurrency exchange platforms to manipulate the value of the naira and launder proceeds from illegal activities.

Recognising the need to safeguard the funds in question during the investigation and potential prosecution, the judge emphasised the importance of preserving the identified bank accounts.

In light of these developments, Justice Nwite adjourned the matter to July 23, 2024, for further proceedings.

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The freezing order affects a wide range of companies across various sectors, including agro-businesses, logistics and haulage, microfinance banks, and engineering, among others.

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Crime & Court

Judgment Reserved in Baba Ijesha’s Sexual Assault Appeal

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The Lagos Division of the Court of Appeal has reserved judgment in the appeal filed by Nollywood actor, Olanrewaju James, widely known as Baba Ijesha, challenging his conviction by a State High Court over the sexual assault of a minor.

 

A three-man panel of the appellate court, led by Justice Folasade Ojo, reserved the appeal for judgment today after hearing arguments from both sides.

 

Baba Ijesha, in his notice of appeal, sought to overturn the judgment of the lower court, which on July 14, 2022, sentenced him to five years imprisonment for sexual assault on a minor.

 

Justice Oluwatoyin Taiwo (rtd) of the Lagos Domestic Violence and Sexual Offences Court convicted Baba Ijesha after finding him guilty of four out of six counts brought against him by the Lagos State government.

 

The counts included indecent treatment of a child and sexual assault, among others. However, he was acquitted of sexual assault by penetration.

 

In response to the conviction, Baba Ijesha’s counsel, Kayode Olabiran, argued that the prosecution failed to prove the allegations and claimed his client was set up, citing circumstances surrounding the incident.

 

Olabiran emphasized that Baba Ijesha’s confession was made under duress and urged the appellate court to set aside the lower court’s judgment.

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On the other hand, the Director of Public Prosecution, Dr. Babajide Martins, urged the court to dismiss the appeal, asserting that the conviction was valid and supported by evidence.

 

Dr. Martins also reiterated the victim’s age at the time of the incident, emphasizing her status as a minor under the law.

 

Following the arguments presented, the Court of Appeal reserved its judgment for a later date, leaving both parties awaiting the final decision on Baba Ijesha’s appeal.

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Ex-Kogi Governor, Yahaya Bello Alleged of Withdrawing $720,000 for Child’s School Fees

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Recent developments have shed light on the ongoing investigation into the actions of the former Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC).

According to the anti-graft agency, Bello is alleged to have withdrawn $720,000 from the state’s accounts to prepay his child’s school fees just before leaving office on January 27, 2024.

Speaking to journalists at the EFCC headquarters in Abuja, Chief Ola Olukoyede revealed that Bello transferred the funds from the state coffers to a Bureau de Change operator for this purpose.

Olukoyede expressed incredulity at the move, highlighting the disparity between such actions and the socio-economic conditions in a state like Kogi.

“A sitting governor, because he knew he was leaving office, moved money directly from the government to Bureau de Change (and) used it to pay his child’s school fee in advance,” Olukoyede stated, emphasizing the sum involved and the implications for governance and accountability.

Olukoyede emphasized his commitment to ensuring the thorough prosecution of Bello, asserting that he would resign as EFCC chairman if the ex-governor is not brought to justice.

Also, he pledged to hold accountable those who obstructed the arrest of Bello during a recent operation at his residence in Abuja.

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The EFCC is pursuing charges against Bello relating to alleged money laundering, breach of trust, and misappropriation of funds totaling N80.2 billion.

Despite potential challenges and attacks against the agency, Olukoyede affirmed his resolve and that of his team to uphold the rule of law and combat corruption in Nigeria.

Yahaya Bello served as the governor of Kogi State from January 27, 2016, until January 27, 2024, when he handed over leadership to Usman Ododo of the All Progressives Congress (APC). Efforts by EFCC operatives to apprehend Bello on April 17, 2024, were reportedly thwarted when Ododo intervened and allegedly facilitated Bello’s escape.

In response, the EFCC declared Bello wanted and warned against any further obstruction of its operations, a stance supported by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, who urged Bello to surrender himself to the authorities.

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