Chinese investor seizes Nigeria's properties in UK over debt - Newstrends
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Chinese investor seizes Nigeria’s properties in UK over debt

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Chinese investor seizes Nigeria’s properties in UK over debt

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.

The Chinese firm secured this 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 high profile 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.

Sources 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.

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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 againt 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 judgement, 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”.

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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.

At the time of filing this report yesterday, Nigeria’s Ministry of Foreign Affairs was yet to react to a message sent to it on this development.

Chinese investor seizes Nigeria’s properties in UK over debt

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NEC Targets Cheaper Fares, Food Prices in 90-Day Plan to Ease Nigerians’ Hardship

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Shettima Blasts States Over Power Woes, Says Govs Must Stop Waiting for Abuja

NEC Targets Cheaper Fares, Food Prices in 90-Day Plan to Ease Nigerians’ Hardship

 

Nigerians struggling to cope with soaring food prices and transport fares may be in line for some relief as the National Economic Council has approved a 90-day economic action plan aimed at reducing the cost of living and making essential services more affordable.

 

At the heart of the initiative is a push to ensure that government economic reforms translate into tangible benefits for ordinary citizens, particularly commuters who spend a significant portion of their daily earnings travelling to work, trading centres and other places of livelihood.

 

The council has specifically directed federal and state governments to ensure that savings from the use of compressed natural gas-powered and electric vehicles are reflected in lower transport fares, rather than remaining with fleet owners and transport operators.

 

The plan was proposed by the Federal Ministry of Finance and endorsed on Thursday at the 161st meeting of the NEC, chaired virtually by Vice-President Kashim Shettima.

 

According to a statement by Stanley Nkwocha, the Senior Special Assistant to the Vice-President on Media and Communications, the 90-day programme has five priority areas: food affordability, tax harmonisation, completion of high-impact projects, removal of investment bottlenecks and regulated household support.

 

The council’s intervention comes amid persistent pressure on household budgets, with the rising cost of transportation and food leaving many Nigerians with less money to meet other essential needs.

 

For workers, traders, artisans and small business owners, cheaper transportation could mean retaining more of their daily earnings, while improved food affordability could ease the pressure on already stretched household incomes.

 

Speaking at the meeting, Shettima said the effectiveness of government policies should be judged by their impact on the daily lives of citizens, including access to affordable transportation, healthcare, employment and financial security.

 

“The first dividend of prosperity should be the confidence to plan a life. Our task is to make such confidence less dependent on fortune,” he said.

 

The Vice-President stressed that the National Compressed Natural Gas Bus Initiative should not be judged merely by the number of buses deployed but by how much it reduces the financial burden on commuters.

 

“The cost of reaching a livelihood should never consume the livelihood itself,” he said.

 

The council consequently resolved to establish a joint financing framework between the Federal Government and state governments to accelerate the deployment of CNG-powered and electric vehicles.

 

It also directed relevant authorities to engage transport unions and operators to ensure that the operational savings associated with the vehicles translate into lower fares for passengers.

 

The directive seeks to address a key concern surrounding the transition to alternative-energy transportation: whether the savings from cheaper fuel and more efficient operations will benefit commuters or simply improve operators’ profit margins.

 

Beyond transportation, the 90-day plan will focus on measures to improve food affordability, streamline taxation, remove barriers to investment and fast-track projects expected to deliver significant economic benefits.

 

The NEC also approved the establishment of a national dashboard to monitor projects across the country, with particular emphasis on transparency, accountability and tracking the utilisation of funds generated from the removal of petrol subsidies.

 

The monitoring mechanism is expected to strengthen oversight of public spending and improve the tracking of projects intended to cushion the effects of economic reforms.

 

Shettima called for closer cooperation between the Federal Government and state governments, warning that their separate responsibilities must not become excuses for failing to provide essential services.

 

However, the ultimate test of the 90-day plan will be whether Nigerians begin to experience measurable improvements in the cost of transportation, food and other necessities within the stipulated period.

 

For a worker who must spend a substantial part of a day’s wages getting to work, or a family struggling to put affordable meals on the table, the success of the initiative will not be determined by government announcements or the number of alternative-fuel buses introduced.

 

It will be measured by the money left in their pockets at the end of the day.

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FG Moves Against Filling Stations Short-Changing Nigerians With False Measurements

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FG Moves Against Filling Stations Short-Changing Nigerians With False Measurements

FG Moves Against Filling Stations Short-Changing Nigerians With False Measurements

The Federal Government has announced plans to intensify nationwide surveillance against false measurements and short-changing of consumers at filling stations and other commercial outlets, warning businesses against practices that deny Nigerians the full value of their money.

The planned enforcement drive is expected to strengthen checks on measuring equipment used in commercial transactions, including fuel dispensers, as authorities seek to curb under-dispensing of petrol and other forms of measurement fraud.

The initiative comes amid renewed concerns about inaccurate fuel pumps at retail outlets, where motorists may pay for a specified quantity of petrol but receive less than the amount displayed on the dispensing meter.

The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) has already raised the alarm over cases of under-dispensing at filling stations across the country and directed operators to carry out immediate calibration and verification of their dispensing equipment.

In September, the regulator warned that filling stations found delivering less fuel than customers paid for, using improperly calibrated equipment or otherwise compromising dispensing accuracy would face enforcement action. Persistent or serious violations could attract sanctions, including the revocation of operating licences.

The NMDPRA said the directive was intended to ensure that motorists receive the correct quantity of petroleum products and restore confidence in transactions within the downstream oil sector.

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The regulator also called on industry associations, including the Independent Petroleum Marketers Association of Nigeria (IPMAN), the Petroleum Products Retail Outlets Association of Nigeria (PETROAN), the Major Energy Marketers Association of Nigeria and the Depot and Petroleum Products Marketers Association of Nigeria, to notify their members and ensure compliance.

PETROAN subsequently directed its members nationwide to inspect their dispensing meters, while its president, Billy Gillis-Harry, urged motorists to monitor pump readings and request receipts when buying fuel.

The association acknowledged that dispensing equipment could develop faults through prolonged use, potentially resulting in either under-dispensing or over-dispensing. It said regular checks were necessary to ensure that customers received the quantity for which they paid.

The Federal Government’s planned nationwide crackdown is expected to reinforce efforts to improve measurement accuracy and protect consumers from dishonest commercial practices.

The issue has become particularly significant amid high petrol prices and the deregulation of Nigeria’s downstream petroleum sector, which has left consumers facing varying pump prices across locations.

With motorists spending substantial amounts on fuel, even small discrepancies in dispensing measurements can result in financial losses when repeated across multiple transactions.

Authorities have continued to stress that filling station operators are responsible for ensuring that their equipment is properly maintained, calibrated and verified in line with applicable regulations.

The broader enforcement effort is also expected to address the use of faulty or manipulated measuring equipment in other commercial activities, where inaccurate weights and measurements can similarly short-change consumers.

The Federal Government’s stated objective is to promote fair trade, strengthen consumer protection and ensure that Nigerians receive the exact quantities of goods and services for which they pay.

However, the effectiveness of the planned crackdown will depend on consistent inspections, transparent enforcement and appropriate sanctions against businesses found violating measurement standards.

FG Moves Against Filling Stations Short-Changing Nigerians With False Measurements

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Jubilation in Ogun Camp as 3,050 NYSC Members Receive ₦50,000 Palliative, 500 Mattresses

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Breaking: 20 Abducted Corps Members Regain Freedom In ImoBreaking: 20 Abducted Corps Members Regain Freedom In Imo

Jubilation in Ogun Camp as 3,050 NYSC Members Receive ₦50,000 Palliative, 500 Mattresses

 

Abeokuta, Ogun State — There was widespread jubilation at the NYSC Orientation Camp in Ogun State on Wednesday following the announcement that 3,050 serving corps members will receive a one-off cash palliative of ₦50,000 to cushion the effects of the current economic hardship in the country.

 

The announcement, which was met with wild cheers and celebrations, comes as part of the state government’s efforts to support youths undergoing their mandatory one-year national service.

 

In addition to the cash disbursement, the Ogun State Government has also approved the immediate delivery of 500 mattresses to the camp to improve the living conditions of the corps members.

 

The news broke via a report by Pulse, detailing that the palliative is aimed at easing the financial burden on the young graduates, particularly in light of the rising cost of living and transportation across the nation.

 

Visuals from the camp showed corps members in their traditional white and green kits, raising their caps in excitement, a clear indication of the relief the financial support brings.

 

Speaking on the development, a camp official noted that the cash injection will go a long way in helping the corps members manage their daily expenses, including transportation to their Places of Primary Assignment (PPA) and personal upkeep.

 

The distribution of the ₦50,000 cash palliative and the provision of the 500 mattresses are expected to be rolled out in the coming days. The move has been widely commended by stakeholders who view it as a proactive step by the Ogun State Government to prioritize the welfare of youths serving in the state.

 

Jubilation in Ogun Camp as 3,050 NYSC Members Receive ₦50,000 Palliative, 500 Mattresses

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