BUA defeats American company in US, gets £343,751 award – Newstrends
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BUA defeats American company in US, gets £343,751 award

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Alhaji Abdul-Samad Rabiu, Chairman of the BUA Group

BUA defeats American company in US, gets £343,751 award

A US court has ordered an American company to pay BUA International Limited £343,750.91 in arbitral award.

The United States District Court for the District of Idaho gave the order to Domtec International LLC, an Idaho-based company specialising in the building of concrete domes.

According to court papers obtained by PREMIUM TIMES, Domtec has 21 days from 1 April, the date the order was issued, to comply failing which “the court will, upon notice from petitioners, issue writs of execution and/or garnishment on Domtec’s assets.”

BUA International is a trading company undertaking the importation of iron and steel on behalf of BUA Group, the conglomerate controlled by the Nigerian industrial magnate Abdul Samad Rabiu with interests in cement manufacturing, food processing, ports & terminal services, iron & steel and real estate.

The court first received a petition in April 2023 from BUA International and NOM (UK) Limited, which deals in the procurement of equipment and materials and serves as an agent to the company.

The petition requested the court to confirm a foreign arbitral award, rendered in the British Virgin Islands five months earlier, and enter an executable judgement in favour of the two and against Domtec.

On 10 November 2022, the foreign international arbitration award was originally issued in Tortola, British Virgin Islands by sole arbitrator Michael J. Fay KC in favour of the petitioners and against Domtec based on a written supply agreement between Domtec and NOM.

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According to details of court documents, the general terms and conditions of the supply agreement allowed for binding arbitration of the underlying dispute between the petitioners and Domtec.

Supply Agreement
The (supply agreement) contract required Domtec to design and build sugar domes on BUA’s property in Lagos and Port Harcourt.

NOM entered into the supply agreement as an agent for BUA, with one of the court documents noting that various disputes stemming from the agreement arose between the parties.

The document observed that on 6 April 2021, the counsel to NOM and BUA suggested that Domtec failed to comply with a clause in the supply agreement.

“In the event that the parties do not agree to mediation or the dispute has not been settled within six (6) weeks (or such other period as may be agreed in writing between the parties) after the appointment of the mediator, the dispute may be referred by either party to arbitration in accordance with the provisions of the Laws of England and Wales, with the seat of the arbitration to be based in the British Virgin Islands,” the court paper stated, quoting the supply agreement.

The agreement permitted the parties to arbitrate any dispute that could not be timely resolved through mediation before an arbitrator in the British Virgin Islands.

“When such a dispute arose in 2022, arbitration proceedings were properly initiated by Domtec against the petitioners,” the court document stated.

Domtec “did not present a claim (whether in its pleadings, its evidence or in submissions) that it complied with clause 2.2.3 by the provision of the documents sent to the respondents on 15 March 2022 and 25 March 2022,” Mr Fay KC said in the document containing the original arbitral award.

Apart from ordering Domtec to pay the petitioners £343,750.91, the arbitrator also directed the company to pay them interest compounded monthly on that amount at two per cent over the Bank of England bank rate from time to time from the arbitral award date until payment is made.

In addition, Domtec would also pay the petitioners $42,560 (for tribunal fees and costs) as well as interest compounded monthly on that sum at 2 per cent over the US Federal Reserve interest range from the date of the arbitral award until payment.

On 11 October 2023, the US District Court for the District of Idaho granted the petition to confirm the foreign arbitral award and for entry of judgment.

“Domtec must pay petitioners by the arbitral award and as outlined in the judgment in this case,” the court said.

Afterwards, BUA International and NOM filed a motion for an award of attorney’s fees, noting that Domtec should be made to pay the fees and costs involved in their effort related to the confirmation process. With the petitioners yet to receive payment of the arbitration award two months later, they filed an application for writs of execution and garnishment to compel Domtec to pay its debt.

In its 1 April ruling, the court denied the motion by BUA International and NOM, saying “there are no grounds entitling petitioners to an award of fees and costs for its efforts in this court.”

“Before issuing writs of execution and/or garnishment, the court will allow Domtec a final opportunity to comply with the court’s order and judgement,” the court said

The court ruled that failure by Domtec to meet its payment obligation in the next 21 days would leave it with no option but to issue the requested writs upon notice from the petitioners.

BUA defeats American company in US, gets £343,751 award

(PREMIUM TIMES)

Aviation

Air Peace gets court order to answer queries on aircraft operations

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Air Peace gets court order to answer queries on aircraft operations

A Lagos State High Court has ordered Air Peace to respond to questions brought by the Foundation for Investigative Journalism in a libel suit No. LD/ADR/4833/23 filed by the airline on October 12, 2022, regarding its aircraft operations from Lagos to Anambra State.

Air Peace insisted that it followed safety standards and practices in accordance with relevant regulations and policies.

It questioned the FIJ’s interrogations of its aircraft and flight operations, calling them “scandalous and irrelevant” to the libel case.

FIJ was dissatisfied with Air Peace’s responses to the queries and filed an application to compel them to adequately explain the objections.

Justice Kudiarat Jose upheld the argument of FIJ, represented by its counsel, Abimbola Ojenike and Jesulayomi Oyelami of Slingstone LP, stating that the questions requesting the details of the first two aircraft designated to convey passengers were relevant to the facts in issue, related to the defendant’s case, and capable of proving that the defendants were correct.

As a result, the court ordered Air Peace to respond to questions 1, 4, and 7 of the defendant’s interrogation within seven days of receiving the order.

The questions are: ‘Provide a comprehensive description and specification of the aircraft 5N-BUL initially scheduled for the operation of Flight P47336 on October 12, 2022. The description should include the make, year, engine type, and service information, including the most recent aircraft maintenance checks conducted prior to Flight P47336 on October 12, 2022, particularly but not limited to any faults or repairs on the systems.’

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The airline is also to: ‘Provide comprehensive specifications of the technical issues discovered in the course of operation of Flight P47336 and the circumstances that led to the change of the aircraft from 5N-BUL to 5N-BQQ.’

The court also ordered the airline to: ‘Provide the comprehensive descriptions and specifications of the aircraft 5N-BQQ initially onboard the passengers for the operation of Flight P47336 on October 12, 2022.

‘The description should include make, year, engine type, and service information, including the most recent aircraft maintenance checks conducted prior to Flight P47336 on October 12, 2022, particularly but not limited to any faults or repairs on the systems.

The claim was deferred until May 23, 2024, for additional proceedings.

In October 2022, FIJ stated that passengers on an Air Peace flight from Lagos to Anambra escaped death after the engine failed three times at the takeoff point.

According to FIJ, the aircraft was supposed to take off at 11 a.m. but was delayed for two hours when the airline’s management announced that the jet originally booked for the Anambra flight had suddenly acquired an issue.

“The engine stopped three times, and there was no explanation until passengers asked to be allowed to leave the plane. The captain only gave a vague explanation when the passengers expressed their concerns. He said the DAC or something similar to that went off on us,” FIJ had quoted one of three sources as saying.

“This was supposed to be a substitute plane as the first couldn’t be used for technical reasons. If this lackadaisical attitude continues, I fear they may record a crash soon. If we had flown today, we likely would have crashed.”

Air Peace then filed legal action against FIJ, seeking N50 million in damages, N250 million in aggravated damages, and N5 million in legal fees.

Air Peace gets court order to answer queries on aircraft operations

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CBN bans Opay, Palmpay, Moniepoint, Kuda from opening new accounts

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CBN bans Opay, Palmpay, Moniepoint, Kuda from opening new accounts

Some bank customers have expressed panic as the Central Bank of Nigeria bans mobile money operators including fintech firms from onboarding new customers.

However, the Bank Customers Association of Nigeria backed the CBN directive.

The new directive will affect fintech companies such as OPay, Palmpay, Kuda Bank, and Moniepoint, from opening new accounts until further notice.

Reliable sources from three major fintechs who requested not to be mentioned as they were not permitted to speak, confirmed the development to The PUNCH on Monday.

The CBN’s move was linked to an ongoing audit of the Know-Your-Customer process of the fintechs, which have been under scrutiny in recent months over concerns around money laundering and terrorism financing.

It was gathered that the CBN had summoned some of the heads of fintechs to Abuja to discuss issues around KYC last week.

The CBN has not yet publicly commented on the directive to the fintech firms. The PUNCH’s attempts to reach the apex bank for comment were unsuccessful.

Several calls made to the telephone line of the CBN spokesperson, Hakama Ali Sidi, were not responded to as of the time of filing this report.

Also, the directive coincided with the court order that the Economic and Financial Crimes Commission (EFCC) obtained to freeze at least 1,146 bank accounts owned by various individuals and companies allegedly involved in illegal foreign exchange transactions.

The 85-page court order (document), which listed the bank account details suspected to be involved in illicit activities, was obtained by The PUNCH on Monday.

Justice Emeka Nwite, in a ruling on the ex-parte motion, moved by counsel for the anti-graft agency, Ekele Iheanacho, also granted the commission’s application to conclude the investigation within 90 days.

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Part of the court document read, “That the applicant’s (EFCC) application is hereby granted as prayed.

“That an order of this honorable 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 offenses of unauthorised dealing in foreign exchange, money laundering, and terrorism financing, to the extent that the investigation will be for a period of 90 (ninety) days.”

The EFCC, in the motion marked FHC/ABJ/CS/543/2024 dated and filed April 24 by Iheanacho, was heard by the judge the same day in the interest of national interest. “The motion was brought pursuant to Section 44(2) and (K) of the 1999 Constitution; Section 34 of the EFCC Establishment Act 2004; Section 7(8) of the Money Laundering Prevention and Prohibition Act, 2022; and under the inherent jurisdiction of the court.”

The President of the Bank Customers Association of Nigeria, Uju Ogubunka, backed the CBN’s move to suspend new account opening on the affected platforms.

He told The PUNCH that the strict regulations that govern deposit money banks must apply to fintechs,  and microfinance banks in order to ensure the integrity of the financial institutions.

He said, “Anything that can disrupt the system should not be permitted. If the platforms are being used for things that are against the regulations, I think the CBN decision is OK. I don’t see anything wrong with that. It behoves on the companies now to get their KYC right.

“Let them do what they are supposed to do. KYC applies to banks and other financial institutions that deposit money. It should also apply to them so that the regulators can understand what is going on and hold them accountable.”

On the other hand, Emmanuel Odunsi on X (formerly Twitter) welcomed the move, citing the need for better KYC processes to prevent scams and fraudulent activities.

“Their KYC isn’t that great. Lots of scammers are using their apps to defraud people.

“Most of the accounts were created by mining phone numbers, with subscribers’ permission. Almost every phone number has been linked to an account,” Odunsi said.

CBN bans Opay, Palmpay, Moniepoint, Kuda from opening new accounts

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After one-day gain, naira crashes again to N1,340/$ in parallel market

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After one-day gain, naira crashes again to N1,340/$ in parallel market

The Naira yesterday depreciated to N1,340 per dollar in the parallel market, from N1,300 per dollar last week Friday.
Similarly, the Naira depreciated in the Nigerian Foreign Exchange Market, NAFEM, to N1,419.11 per dollar.

Data from FMDQ showed that the indicative exchange rate for NAFEM rose to N1,419.11 per dollar from N1,339.23 per dollar last weekend, indicating N79.88 depreciation for the naira.

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Consequently, the margin between the parallel market and NAFEM rates widened to N79.11 per dollar from N39.23 per dollar last week Friday.

After one-day gain, naira crashes again to N1,340/$ in parallel market

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