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P&ID’s $6.6b appeal fails as Nigeria wins in UK Court
P&ID’s $6.6b appeal fails as Nigeria wins in UK Court
In a major legal victory for Nigeria, a UK appeal court has dismissed an application filed by a director of Process and Industrial Development (P&ID) seeking to challenge a High Court ruling that overturned a controversial $6.6 billion arbitration award against the Nigerian government.
The appeal was filed by Seamus Andrew, counsel to P&ID during the original arbitration proceedings. According to the court judgment obtained by PREMIUM TIMES, Andrew became a director of P&ID in October 2017 after acquiring a stake in the company through his firm, Lismore Capital Limited.
Andrew’s request to appeal the High Court’s decision was dismissed, reinforcing an earlier judgment that had set aside the $6.6 billion award initially granted to the British Virgin Islands-based company in 2017.
Justice Robin Knowles of High Court of Justice Business and Property Courts of England and Wales Commercial Court had on 21 December 2023 handed down his ruling, setting aside the award and refusing P&ID leave to appeal.
His order, however, contained a general liberty to apply to the judge.
Jia Wei Lee, a counsel to Mr Andrew, sent an email to the judge’s clerk a day after, stating that Mr Andrew would not be making an application for permission to appeal to the judge.
He noted that, rather, Mr Andrew would file an appellant notice seeking permission to appeal directly from the Court of Appeal.
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“No disrespect is intended by seeking permission directly from the Court of Appeal. The reason for this choice is that, given that Mr Andrew’s application was not considered and determined at the consequential hearing, and no extension of time was granted, the lower court is now functus officio and no longer has jurisdiction to determine an application for permission to appeal,” the court document stated.
In their verdict on Tuesday, Sir Julian Flaux, Lord Justice Phillips and Lord Justice Jeremy Baker remarked that “this court then analysed the relevant provisions of CPR 52.3 and the Practice Direction, concluding that the proper practice was to apply for permission to appeal to the first instance judge at the hand down of the judgment.”
The court document noted that Mr Andrew’s appellant’s notice in the court had been issued on 21 December 2023, more than five weeks after the date for filing any appellant’s notice with the Court of Appeal which, under relevant law, was 21 days after the hand-down of the judgement, that is 13 November 2023.
According to Justice Knowles’ decision of 23 October 2023, P&ID paid bribes to Grace Taiga, director of legal at Nigeria’s Ministry of Petroleum Resources, in connection with a gas contract signed in 2010 and failed to mention it when P&ID initiated the legal action over the botched deal. The judge also observed that P&ID had improperly retained and used internal documents of the Federal Republic of Nigeria that it had received during the arbitration.
Many of the documents were clearly subject to legal professional privilege and were confidential documents which P&ID was not eligible to see.
“The documents were transmitted to P&ID deliberately by the individuals in Nigeria who procured them. FRN did not authorise their release to and retention by P&ID. Among those acting for P&ID who received the FRN internal legal documents were Mr Cahill, Mr Andrew and Mr Trevor Burke,” the court paper said.
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“P&ID has offered no sensible explanation for why these documents were leaked by [Nigeria’s] lawyers and has presented this Court with a conspiracy of silence. The obvious and correct inference is that they were obtained through corruption of [Nigeria’s] legal advisers carried out by P&ID and Mr Adebayo. … Mr Murray all but admitted in his oral evidence that [they] were procured by corruption, and no P&ID witness proffered an otherwise honest explanation”.
Recall that in January 2010, Nigeria and P&ID entered into a gas supply and processing agreement, requiring the company to build and operate an accelerated gas development project at Adiabo in the Odukpani Local Government Area of Cross River State. The Nigerian Government was to source natural gas from oil mining leases (OMLs) 123 and 67 operated by Addax Petroleum and supply it to P&ID for processing into fuel suitable for power generation.
P&ID alleged that Nigeria breached the contract after negotiations were opened with the Cross River State government to allocate land for the project.
It claimed that efforts to settle the matter out of court with the Nigerian government failed, prompting the company to institute legal action.
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An arbitral tribunal awarded $6.6 billion in damages against Nigeria and in favour of P&ID in January 2017. The sum later ballooned to more than $11 billion due to an accumulation of interest.
Nigeria challenged the award in December 2019, claiming that P&ID obtained the contract by bribing officials of the Ministry of Petroleum Resources and corrupting the country’s lawyers to gain access to confidential documents while the arbitration was on.
In October 2023, Nigeria won the bid to set aside the arbitration award after its lawyers argued that the company intended to use litigation to make money out of the situation.
P&ID, founded by Irishmen Michael Quinn and Brendan Cahill, had been pursuing the claim since 2012.
In his ruling, Justice Knowles noted that P&ID and its lawyers were “driven by greed and prepared to use corruption; giving no thought to what their enrichment would mean in terms of harm for others.”
In July 2024, an English Court of Appeal rejected the bid by P&ID to set aside a previous judgement reversing the company’s $11 billion damages claim against Nigeria. The court noted that the decision of a London high court on 21 December 2023, throwing out the $11 billion award, stands.
P&ID’s $6.6b appeal fails as Nigeria wins in UK Court
(PremiumTimes)
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News
Tinubu: Nigerian Youths Could Vote Me Out If I Fail to Fix Economy
Tinubu: Nigerian Youths Could Vote Me Out If I Fail to Fix Economy
President Bola Ahmed Tinubu has said that Nigeria’s large youth population could remove him from office if his administration fails to successfully address the country’s economic challenges, stressing that accountability through elections remains a key feature of democracy.
Tinubu made the remarks on Thursday at the Africa CEO Forum, where he spoke extensively about Nigeria’s economic direction, investment climate, and ongoing reforms aimed at restoring investor confidence. According to the President, Nigerian youths are increasingly aware, vocal, and unwilling to tolerate poor governance, adding that political leaders must remain responsive to their expectations.
“We have a very dynamic youthful population, restless and not ready to accept any excuses. As a politician, if I don’t prepare them for that, they will vote me out,” Tinubu said.
The President also defended the sweeping economic reforms introduced since assuming office, noting that they are designed to correct long-standing structural weaknesses and position Nigeria for sustainable growth. He explained that the policies are aimed at strengthening fiscal stability, improving revenue generation, and making the economy more attractive to global investors.
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Tinubu referenced his experience as Governor of Lagos State, particularly reforms in tax administration and revenue systems, saying those lessons continue to shape his national economic strategy. He described Lagos as a successful example of sub-national economic management that has helped guide his approach to governance at the federal level.
He also stated that Lagos remains one of Africa’s strongest economies at the sub-national level and said he continues to monitor its development closely, describing it as part of his governance legacy.
“Lagos is the fifth-largest economy in Africa. I’m very proud of the legacy I left behind there, and I’m still monitoring it,” he said.
On foreign investment, Tinubu said Nigeria is beginning to experience renewed investor interest, claiming the country is currently attracting close to $20 billion in foreign direct investment (FDI). He attributed this to ongoing reforms, policy adjustments, and efforts to reduce bureaucratic barriers that previously discouraged investors.
According to him, investors are more likely to commit funds in environments that demonstrate transparency, accountability, and policy consistency, stressing that governance credibility plays a major role in economic performance.
“Investment is very cowardly unless you are transparent, accountable and forthright,” he said.
Tinubu further called for stronger African economic cooperation, arguing that the continent must better organise its resources to improve bargaining power in global markets and strengthen collective economic resilience.
He also revealed that he had written an article published in the Financial Times, where he discussed international rating agencies and Nigeria’s efforts to reposition itself in the global financial system.
Tinubu: Nigerian Youths Could Vote Me Out If I Fail to Fix Economy
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Tinubu Secures $600m Deal To Upgrade Apapa Port
Tinubu Secures $600m Deal To Upgrade Apapa Port
President Bola Tinubu has secured a fresh $600 million investment commitment from global port operator APM Terminals for the modernization of Apapa Port and other major logistics infrastructure projects in Nigeria.
The investment pledge was made during Tinubu’s meeting with executives of APM Terminals on the sidelines of the ongoing Africa CEO Forum in Kigali, Rwanda.
The delegation from the global terminal operator was led by Regional President for Africa-Europe, Igor van den Essen, alongside the company’s Head of Investments, Martijn Van Dongen, and CEO of APM Terminals Nigeria, Frederik Klinke.
According to a statement issued by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the proposed investment will focus on Apapa Port modernization, logistics infrastructure expansion and long-term private sector participation in Nigeria’s maritime industry.
President Tinubu welcomed the investment and stated that his administration’s ongoing economic reforms were positioning Nigeria as a globally competitive destination for infrastructure and maritime investments.
The President said the Federal Government was committed to eliminating structural bottlenecks affecting port operations by introducing modern technology, faster cargo processing systems and improved operational efficiency across Nigerian ports.
According to him, Nigeria possesses the market size, strategic location and economic potential required to support world-class maritime and logistics infrastructure projects.
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Tinubu also encouraged more international investors to take advantage of Nigeria’s ongoing economic reforms and investment opportunities.
Speaking during the meeting, van den Essen praised Tinubu’s economic reforms and policy direction, stating that the administration had restored investor confidence and created fresh momentum for long-term infrastructure investments in Nigeria.
The APM executive described Nigeria as one of the company’s most strategic markets in Africa, citing more than 20 years of operations and substantial investments in the country’s maritime sector.
He reaffirmed APM Terminals’ commitment to expanding investments in Nigeria through the development of advanced terminal infrastructure and technology-driven port operations.
Van den Essen also commended the Federal Government for introducing the National Single Window (NSW) initiative, which he said had improved trade procedures, enhanced Customs coordination and reduced delays in cargo clearance at Nigerian ports.
Industry experts believe the fresh investment could significantly reduce congestion at Apapa Port, improve cargo turnaround time and strengthen Nigeria’s position as a major maritime and logistics hub in West Africa.
The investment announcement forms part of Tinubu’s broader push to attract foreign direct investment into key sectors of the economy.
In another meeting during the Africa CEO Forum, the President held talks with executives of Winme Group, where he called for more investment partnerships in logistics, mining, shipping and integrated infrastructure development.
Tinubu stressed the importance of coordinated investments linking ports, transport systems, export infrastructure and industrial processing facilities to boost economic growth and competitiveness.
The President also met with officials of the International Finance Corporation (IFC) to discuss potential investments in energy, housing, transportation and infrastructure projects in Nigeria.
Presidency officials disclosed that the IFC is expected to send an investment mission to Nigeria to further explore opportunities created by the government’s economic reforms.
The planned modernization of Apapa Port is expected to improve operational efficiency, enhance trade activities and support Nigeria’s ambition to become a leading export and trade gateway in Africa.
Tinubu Secures $600m Deal To Upgrade Apapa Port
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BUA Chairman Recounts South Africa Visa Denial, Calls for African Travel Reform
BUA Chairman Recounts South Africa Visa Denial, Calls for African Travel Reform
Chairman of BUA Group, Abdul Samad Rabiu, has recounted how he was once denied entry into South Africa because his visa had expired by just one day, while claiming that European travellers were allowed entry at the same border point without visas.
Rabiu made the disclosure on Thursday during his keynote address titled “Africa at Scale: Capital, Policy, and the Architecture of Growth” at the 13th Africa CEO Forum held at the Kigali Convention Centre in Rwanda. The high-level gathering brought together over 2,000 CEOs, investors, heads of state, and policymakers from more than 75 countries under the theme “Scale or Fail: Why Africa Must Embrace Shared Ownership.”
According to Rabiu, the experience highlights what he described as a contradiction in Africa’s trade and mobility systems, where African citizens often face stricter entry requirements compared to non-Africans entering the continent.
“I was denied entry into South Africa because my visa had expired by one day,” he told the forum. “Yet right there, at the same entry point, Europeans were being let in without any visa at all.”
He used the anecdote to emphasise broader structural barriers affecting African integration, particularly within the framework of the African Continental Free Trade Area (AfCFTA), which aims to create a single market of over 1.4 billion people but continues to face implementation gaps.
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Rabiu noted that despite policy commitments, businesses still encounter inconsistent regulations across African borders, including visa restrictions, customs delays, and uneven enforcement of regional trade agreements.
He also referenced BUA Group’s expansion efforts across the continent, saying that while some countries have embraced AfCFTA principles, others remain hesitant or restrictive in practice.
The business leader called for accelerated reforms in areas such as cross-border infrastructure, digital customs systems, industrial corridors, and free movement of people and capital, arguing that these are essential for Africa’s long-term industrial growth and competitiveness.
Rabiu further stressed that economies with strong domestic processing capacity are better positioned to withstand global shocks, citing Nigeria’s expanding refining capacity as an example of resilience-building.
His remarks come amid ongoing efforts by African governments to ease intra-continental travel restrictions. While South Africa has introduced simplified visa processes for Nigerian business travellers in recent years, including multi-entry visa arrangements, implementation across the continent remains uneven.
Data referenced in policy discussions at the forum suggests that only a minority of African routes are currently visa-free, with many travellers still required to obtain advance entry permits, despite African Union commitments to improve mobility under the AfCFTA framework.
The Africa CEO Forum concluded with renewed calls for governments and private sector leaders to deepen cooperation, mobilise capital, and strengthen cross-border investment flows under the rallying theme: “Scale or Fail.”
Rabiu’s comments added to ongoing continental debates about whether Africa’s integration agenda is being slowed by policy inconsistency, administrative bottlenecks, and uneven adoption of agreed trade and mobility reforms.
BUA Chairman Recounts South Africa Visa Denial, Calls for African Travel Reform
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