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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N25.7 billion fraud: Supreme court upholds Francis Atuche’s conviction

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Francis Atuche

N25.7 billion fraud: Supreme court upholds Francis Atuche’s conviction

In a landmark judgment, the Supreme Court of Nigeria has upheld the conviction of Francis Atuche, former Managing Director of Bank PHB Plc, for his role in a N25.7 billion fraud scheme.

Atuche’s legal battle, which began in 2011, has finally come to an end with the Supreme Court’s unanimous decision to affirm his conviction.

The court found him guilty of conspiracy to commit felony and stealing, and sentenced him to six years in prison.

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The Economic and Financial Crimes Commission (EFCC) had arraigned Atuche, his wife Elizabeth, and Ugo Anyanwu on a 27-count charge in 2011.

While Elizabeth was acquitted due to insufficient evidence, Atuche and Anyanwu were found guilty and sentenced to prison.

The Supreme Court’s decision sets a precedent for the nation’s justice system, emphasizing the importance of credible evidence in criminal cases.

N25.7 billion fraud: Supreme court upholds Francis Atuche’s conviction

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Tenure of FCT council chairmen will expire in 2026 – INEC

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INEC Chairman, Prof. Mahmood Yakubu

Tenure of FCT council chairmen will expire in 2026 – INEC

The Independent National Electoral Commission (INEC) has clarified that the council chairmen and councillors in the Federal Capital Territory would remain in office till 2026.

The Chairman of the Commission, Prof. Mahmood Yakubu, made the clarification at a meeting with the Inter Party Advisory Council (IPAC) on Friday in Abuja, following the agitation for the conduct of fresh elections in the FCT.

According to the INEC Chairman, the tenure of office of the elected officers begins on the date of taking the oath of office, not the date of conduct of the election.

He explained that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) which provided for a three-year tenure for Chairmen and Councillors, as the Electoral Act 2022.

“In particular, in the exercise of its powers as the law-making body for the FCT, the National Assembly extended the tenure of the Area Councils from three to four years, thereby aligning it with executive and legislative elections nationwide.

“This is one of the important provisions of the Electoral Act 2022. The Act came into force on Friday 25th February 2022, two weeks after the last Area Council elections in the FCT.

“By the time the elected Chairmen and Councillors were sworn in four months later on 14th June 2022, they took their oath of allegiance and oath of office on the basis of the new electoral Act (i.e. the Electoral Act 2022) which provides for a four-year tenure. Consequently, their tenure therefore expires in June 2026,” Yakubu said.

He further explained that in the case of the FCT, Section 108(1) of the Electoral Act 2022 under which the current Chairmen and Councillors were sworn-in on 14th June 2022, is clear and therefore unambiguous.

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“(1) An Area Council shall stand dissolved at the expiration of 4 years commencing from the date – (a) when the Chairman took the oath of office; or (b) when the legislative arm of the Council was inaugurated whichever is earlier”.

Yakubu noted that there are several judicial authorities, including the judgement of the Supreme Court, that tenure begins from the date of oath of office and not the date of election.

“You may also wish to note that when the Electoral Act 2022 was signed into law two weeks after the Commission conducted the last Area Council elections in the FCT, the incumbent holders (Chairmen and Councillors) challenged us that we conducted the election too early, claiming that the new Electoral Act extended their tenure from three to four years.

“We reminded them that they took their oath of office under the old law before the coming into force of the new Electoral Act. Therefore, their tenure will expire in June 2022.”

“I wish to reassure you that we are aware of our responsibilities under the law. Section 28(1) of the Electoral Act 2022 requires the Commission to release the Timetable and Schedule of Activities 360 days (i.e. One year) before the date fixed for the election. It cannot be released two years ahead of the elections.

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“As you are all aware, the Area Council election in the FCT conducted by INEC remains a model for Local Government elections in the country. There is stability of tenure for Chairmen and Councillors.

“There has never been a caretaker committee in any Area Council in the FCT. Democratic elections are conducted on a regular basis. There is plurality of electoral outcomes as no single political party has ever won elections in all the 68 Constituencies (six Area Council Chairmen and 62 Councillors).

“We will continue to uphold the sanctity of tenure and improve the credibility of these elections.”

The INEC Chairman appealed to all persons with the ambition to contest for the positions of Chairmen and Councillors in the FCT to be guided by the provisions of the law and judicial pronouncements on the issue of tenure.

He also appealed to political parties to enlighten their members accordingly, adding that at the appropriate time, the Commission will release the Timetable and Schedule of Activities for the election.

Tenure of FCT council chairmen will expire in 2026 – INEC

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Some private jets used for money laundering, drug trafficking – Keyamo

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Some private jets used for money laundering, drug trafficking – Keyamo

Minister of Aviation and Aerospace Development, Festus Keyamo, has accused some private jet owners of using their aircraft for money laundering and drug trafficking.

Keyamo said this on Thursday during the inauguration of a ministerial task force committee on illegal private chartered operations and related matters in Abuja.

The minister said he had set a five-point agenda that would guide him and his team in discharging the mandate of President Bola Ahmed Tinubu when he assumed office.

He said the five-point agenda encapsulates safety, infrastructure, support for local operators, human capacity development and revenue generation.

Accordingly, he said the ministry has identified issues within the aviation industry “that we must tackle headlong”.

“It has come to my attention, through a series of disturbing reports, that the practice of illegal charter operations is thriving within the aviation industry, thereby undermining the efforts of the Nigerian Civil Aviation Authority and other regulatory bodies,” he said.

“These illicit activities have not only resulted in significant financial losses to the Federal Government but have also raised security and safety concerns as the operations of private aircraft owners have remained largely unchecked and unregulated.”

This, Keyamo said, has also resulted in using private aircraft for other illegal activities.

“Last week, the National Security Adviser wrote to us, alerting us to the spike in money laundering, drug trafficking and other illegal activities through the use of private aircraft in the country,” the minister said.

“It appears that Private Non-Commercial Flight (PNCF) operators have become increasingly emboldened, continuing their illegal operations with the assistance of Air Operator Certificate (AOC) holders who collect tolls and list these illegal charters under their AOCs.

“We have received alarming reports that some crew members have not attended mandatory simulator trainings for nearly three years and are flying with fraudulently-obtained renewed licences.

“Many of these individuals are operating planes registered under PNCF but are conducting illegal charter operations with impunity.”

To combat the illegal operators, the minister announced the immediate composition of a ministerial task force on illegal private charter operations and related matters.

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