Law
Victory for Nigeria as UK court halts enforcement of $11bn P&ID award
After over five years of legal fireworks, Nigeria has finally succeeded in halting the enforcement of the $11 billion arbitration award in favour of P&ID.
In a judgment delivered by email, Robin Knowles, justice of the Commercial Courts of England and Wales, upheld Nigeria’s prayer on the ground that the award was obtained by fraud.
Having accepted Nigeria’s argument, Knowles will now have to choose from three options: to return the award to the tribunal, in whole or in part, for reconsideration; to set the award aside in whole or in part; or to declare the award to be of no effect, in whole or in part.
He has asked the parties to make their arguments on the next line of action at a date to be arranged.
TheCable had reported on Saturday that the much-awaited judgment would be delivered on Monday.
A private arbitration tribunal had on January 31, 2017, ordered Nigeria to pay $6.6 billion to P&ID plus interest beginning from March 20, 2013.
With the interest rate fixed at seven percent amounting to $1 million a day, the potential payment had accumulated to over $11 billion before the verdict.
‘AWARDS OBTAINED BY FRAUD’
In making his determination, Knowles said: “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 Awards were, and the way in which they were procured was contrary to public policy.
“What happened in this case is very serious indeed, and it is important that section 68 has been available to maintain the rule of law.
“Section 68 (3) provides: ‘(3) If there is shown to be serious irregularity affecting the tribunal, the proceedings or the award, the court may — (a) remit the award to the tribunal, in whole or in part, for reconsideration, (b) set the award aside in whole or in part, or (c) declare the award to be of no effect, in whole or in part. The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.’
“I was asked by Lord Wolfson KC in closing that should my judgment conclude in favour of Nigeria, as it does, to leave over the question of the order the Court should make so that the parties have the opportunity to present argument once they have considered the judgment. I respect that request and will hear that argument as soon as that can be arranged.”
NIGERIA’S DEFENCE
Nigeria had filed an appeal against the enforcement of the arbitration award, and the UK commercial court granted the country relief in September 2020, returning the matter to the high court for trial.
At the two-month trial that took place before Knowles between January and March 2023, the Nigerian legal team argued that there was overwhelming evidence that the contract and the arbitration award had been procured through “an audacious fraud on Nigeria”.
They argued that the award should be set aside, citing the trials and conviction of some of the actors for corruption and money laundering as evidence of graft on an “industrial scale”.
Culled from The Cable
Law
Tribunal Rebukes PDP for Witness Absence in Edo Gubernatorial Case
The Edo State Gubernatorial Election Petition Tribunal, on Tuesday, expressed its displeasure with the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, for failing to produce witnesses in their petition challenging the outcome of the September 21, 2024, governorship election.
Presiding over the tribunal’s first sitting in Abuja following its relocation from Benin, Justice Wilfred Kpochi criticized the PDP’s inability to utilize the scheduled time effectively, stating it had wasted judicial resources.
The tribunal, which was relocated to Abuja amidst security concerns and fears of possible arson, had cleared its docket on Tuesday to focus solely on the PDP’s petition. However, the party’s counsel, Adetunji Oyeyipo, SAN, cited travel disruptions as the reason for the absence of key witnesses, despite prior commitments.
“My lords, most of our witnesses faced travel difficulties. We assure you they will be available at the next sitting,” Oyeyipo pleaded.
Justice Kpochi, visibly irked, questioned the seriousness of the petitioners. “Why then did we reschedule other matters to prioritize yours? We could have heard other cases today.”
Despite Oyeyipo’s plea for understanding, the tribunal adjourned the matter to Thursday, emphasizing the need for expediency in the proceedings.
Earlier in the session, Mr. Oseyili Anenih, who served as the PDP’s Director of Research and Strategy during the election, admitted under cross-examination that his observations were based on reports from the party’s situation room, not direct interactions with polling units.
Anenih revealed that PDP is contesting the results from 765 of Edo’s 4,519 polling units, alleging that many valid votes were not properly transmitted to the state collation centers. He also confirmed the party’s reliance on screenshots of the Bimodal Voter Accreditation System (BVAS) machines, as they lacked physical access to the devices.
While acknowledging inconsistencies in the stamping of results, Anenih argued that the stamped copies represented a significant sample of the alleged irregularities.
The PDP and Ighodalo have asked the tribunal to nullify the election of Governor Monday Okpebholo of the All Progressives Congress (APC). They allege widespread non-compliance with the Electoral Act and other irregularities, arguing that their candidate secured the majority of valid votes.
Governor Okpebholo’s counsel, Onyechi Ikpeazu, SAN, dismissed the claims, emphasizing the lack of concrete evidence from the petitioners.
As the tribunal prepares to resume on Thursday, all eyes remain on the PDP to present its case and witnesses. The outcome of the petition could significantly impact the political landscape in Edo State.
Law
Alleged Fraud, Land Grabbing by Rebecca Omokamo: Falana Chambers Petitions EFCC, ICPC
Legal powerhouse, Falana and Falana Chambers, has filed petitions with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) against Rebecca Omokamo Godwin Isaac, also known as Hajia Bilikisu Ishaqu Aliyu, and her firm, Homadil Realty Limited.
The allegations include financial fraud, forgery of documents, and illegal land grabbing involving Plot 4022 in Guzape, Abuja.
The petitions, made on behalf of the Yesufu family, accuse Mrs. Omokamo and her associates of conspiracy, forgery, and fraudulent acquisition of funds.
The legal battle dates back to 2014 when Mrs. Omokamo allegedly purchased the disputed land but subsequently lost its title documents.
The Yesufu family claims ownership and has been in protracted legal and investigative disputes over the land.
In a related incident in May 2024, a PREMIUM TIMES reporter, Emmanuel Agbo, investigating the case, was summoned by the police after communications with Mrs. Omokamo.
She denied the allegations in conversations but later accused the EFCC of harassment in an open letter to President Bola Tinubu. Mrs. Omokamo claimed EFCC interference in what she called a civil matter, further alleging the unjust detention of her husband and staff.
However, subsequent investigations by the EFCC and the Federal Capital Territory Administration (FCTA) reportedly uncovered extensive fraudulent dealings tied to Mrs. Omokamo.
The findings led to separate petitions to the ICPC, prompting further investigations into alleged forgery of land titles and fraudulent sales involving multiple properties, including a 2.3-hectare plot in Katampe District, Abuja.
Efforts to resolve the matter amicably, including appeals by Mrs. Omokamo’s husband and traditional rulers to the Yesufu family, reportedly failed. Allegations emerged that Mrs. Omokamo had sold the Katampe property to over 60 victims using forged documents.
Her purported resistance to settlement and her legal maneuvers to block investigations drew criticism.
In October 2024, Mrs. Omokamo filed a motion at the Federal High Court in Abuja to prevent further investigations by the EFCC and ICPC. Simultaneously, her husband reportedly sought forgiveness from the Yesufu family, a move seen as contradictory given Mrs. Omokamo’s legal actions.
The Yesufu family, represented by Falana and Falana Chambers, has called for the prosecution of Mrs. Omokamo, her husband, and their accomplices.
They also requested investigation reports to aid civil proceedings. Meanwhile, the company’s secretary, Mr. Kolawole James Olowokere, recently withdrew his
Law
Osun Governor grants Christmas Clemency to chicken, egg thieves on death row
In a bid to mark the 2024 Christmas season with acts of compassion, Osun State Governor, Ademola Adeleke, has granted clemency to Segun Olowookere and Sunday Morakinyo.
They were sentenced to death in 2014 for robbery-related offenses committed in 2010.
The duo, aged 17 at the time, had been convicted of stealing two fowls, eggs, and mobile phones from individuals in Okuku, Osun State.
Despite the minor theft, the court had sentenced them to death by hanging in 2014, sparking nationwide outrage over the severity of the punishment.
They were granted a prerogative of mercy alongside 51 other convicts who had varying levels of sentences in correctional centres in Osun, by the governor.
The governor’s decision, made on the recommendation of the State Advisory Council on the Prerogative of Mercy, highlighted a broader push for prison reforms and justice review in the state.
Governor Adeleke, through his spokesperson, Olawale Rasheed, stated that the clemency alignsled with constitutional powers and the spirit of the season.
“This exercise of mercy follows the recommendations made by the State Advisory Council and underscores the administration’s commitment to fairness and humanity,” Rasheed said in a statement.
The letter of commutation, dated December 24, 2024, has been officially acknowledged by prison authorities.
The governor’s move has sparked debates over Nigeria’s judicial process, with human rights advocates praising the decision as a step toward addressing sentencing disparities and prison decongestion.
The case of Olowookere and Morakinyo, sentenced as teenagers, drew public attention due to the severity of their punishment relative to the crime.
Their release is expected to reignite discussions on justice reforms and youth rehabilitation programs.
In his address, Governor Adeleke emphasized the importance of second chances and pledged to continue reviewing cases deserving of mercy while balancing justice with compassion.
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