Business News
$9.6 billion judgement: FG pays P&ID £250,000 as running cost
Process and Industrial Developments Limited (P&ID) has been paid the sum of £250,000 by the Nigerian Government as running cost.
Process and Industrial Developments Limited (P&ID) has been paid the sum of £250,000 by the Nigerian Government as running cost.
The money was paid to P&ID on the order of Justice Christopher Butcher of the Commercial Court in London.
The Details: Recall that the Judge granted Nigeria a right to appeal the $9.6 billion judgement awarded in favour of P&ID over an alleged breach of a gas supply contract tagged Gas Supply Processing Agreement.
Nigeria was asked to pay £250,000 as running cost to P&ID within 14 days for the appeal to be granted.
The 14 days ultimatum ended today and Nigeria was able to meet it. The money was paid through the Central Bank of Nigeria.
Confirming the series of events, Attorney-General of the Federation, Abubakar Malami stated that the money was paid out of respect for the court.
[READ MORE: P&ID: Emefiele, Malami, others lead Government delegation to U.K over $9.6billion judgement]
However, it was gathered that Nigeria also appealed against the same court order that demanded $200 million security payment be made into its account within 60 days as a condition for a stay of execution of the $9.6 billion judgment earlier given in favour of P&ID.
Running cost paid out of respect: Giving further details on the Government’s moves, Malami said the government appealed the order to pay $200 million into the court’s account and applied for a stay of execution. It also paid P&ID the £250,000 out of respect for the court.
“The $200 million security payment has not been paid. We have appealed against the order and we have also applied for a stay of execution of the order,” the Minister said.
Reacting to the development, Minister of Information and Culture, Lai Mohammed said lawyers had been directed to seek the leave of the Court of Appeal to appeal against the ruling of Justice Butcher.
Apart from the security deposit of $200 million, Mohammed said the government would seek a refund of the £250,000 running cost after the appeal succeeds. He also noted that the government’s delegation to London to appeal the judgement was successful.
“Please note that Nigeria will be able to demand a refund of the £250,000 to P&ID when the government wins the appeal. This fact is being hidden by those who have been spinning the London judgment in their own favour.
“On the $200 million payment as a condition for the granting of the stay of execution, Nigeria has instructed its lawyers to seek the leave of the Court of Appeal to appeal against that payment.
“Nigerians should be assured that the Federal Government is taking all necessary steps to strongly avail itself of all defences customarily afforded to sovereign states under the United Kingdom Sovereign Immunity Act to fight and upturn any enforcement of the award,” Mohammed said.
[READ MORE: UPDATED: P&ID representatives plead guilty to fraud and tax evasion charges]
The Backstory: As earlier reported by Nairametrics in recent articles, P&ID was awarded $6.6 billion in an arbitration decision over a failed project to build a gas processing plant in the Southern Nigerian city of Calabar. With the accumulated interest payments, the sum now tops $9 billion, which amounts to 20% of Nigeria’s foreign reserves.
The firm had initiated moves to identify the Nigerian assets that could be seized, and it might include the country’s oil cargoes.
Business News
FG seizes Dan Etete’s luxury private jet linked to Malabu oil deal
Dan Etete is alleged to have paid a total of $57 million for the jet in 2011, which was part of the spending spree that the former petroleum minister was alleged to have embarked on after allegedly receiving $336 million from the OPL 245 deal.
The Federal Government has tracked down and grounded a luxury private jet which is owned by the country’s former Petroleum Minister, Dan Etete, over his alleged involvement in the $1.1 billion Malabu oil scam. The luxury private jet was alleged to have been purchased with proceeds from that oil deal.
This seizure was confirmed to Finance Uncovered by the legal counsel to Nigeria, Babatunde Olabode Johnson, who was appointed by the Nigerian government in 2016 to recover assets from the OPL 245 deal.
Johnson said that the order was served on the jet’s owner, a company called Tibit Ltd, which has until Tuesday next week (June 9) to file court papers opposing the seizure. Tibit is an anonymously owned company incorporated in the British Virgin Island.
The asset recovery lawyers acting on behalf of the Nigerian government swooped last week, after the Bombardier 6000 jet, tail number M-MYNA, touched down at Montreal Trudeau International Airport in Canada on Friday May 29.
A Quebec judge is understood to have granted a seizure order for the aircraft in the early hours of Saturday morning.
Giuseppina Russa, who was named on the Montreal court order, is Tibit’s sole director according to records of the British Virgin Island firm.
Dan Etete is alleged to have paid a total of $57 million for the jet in 2011, which was part of the spending spree that the former petroleum minister was alleged to have embarked on after allegedly receiving $336 million from the OPL 245 deal.
Etete, during his days as the petroleum minister, awarded the prospecting rights to the huge OPL 245 block to Malabu Oil and Gas, a company he secretly controlled. After the death of the then head of state, Sani Abacha, he retained the rights to the oil block as a private citizen until he offloaded them to oil giants, Shell and Eni in 2011, who both paid $1.3 billion to the Nigerian government.
The entire OPL 245 deal is now subject to a corruption trial in an Italian court, where Etete is an accused, together with alleged middlemen and some top executives from Shell and Eni. All parties in the Milan trial have denied the charges against them.
The Nigerian government has also charged Etete and several others linked to Malabu with money laundering in connection with the onward flow of funds from the OPL 245 deal. However, they have denied any wrongdoing, dismissing the allegations as political propaganda.
It was uncovered that Johnson had made a deal with an American litigation funder, Drumcliffe Partners, to help fund the recovery of OPL 245 assets. They are to receive 5% of any funds successfully recovered and returned to Nigeria.
Business News
Ecobank Transnational to hold AGM by proxies on June 30th
Due to the ravaging Coronavirus pandemic, ETI said the AGM will be held by proxies.
Ecobank Transnational Incorporated (ETI) has announced the date and venue of its 32nd Annual General Meeting (AGM). According to a disclosure that was sent to the Nigerian Stock Exchange, the company’s AGM and an Extraordinary Meeting are scheduled to hold on June 30th, 2020, at Eko Hotels and Suites in Victoria Island, Lagos.
Due to the ravaging Coronavirus pandemic, ETI said the AGM will be held by proxies. The proxy AGM is expected to enable the Pan-African financial institution to abide by the directives issued by governments and agencies regarding COVID-19 and how to contain its spread.
“As a responsible corporate citizen, ETI intends to strictly comply with this restriction in addition to other applicable health and safety measures. Accordingly, attendance at this year’s General Meetings shall be mainly by proxies in accordance with the Articles of Association of the Company and applicable law,” a statement by the company said.
To this end, shareholders have been advised to select any of the company’s top executives (including the Chairman, Emmanuel Ikazoboh, and the MD of Ecobank Nigeria, Patrick Akinwuntan) to represent and vote on their behalf during the AGM. Proxy forms may be downloaded from the company’s website, filled, and submitted in advance.
READ ALSO: NSE commemorates FBNQuest Merchant Bank’s N5 billion Bond Listing with Digital Closing Gong Ceremony
Meanwhile, the issues that are up for discussion during the AGM and the Extra Ordinary meeting are enumerated below.
Annual General Meeting
1. Approval of the accounts
2. Appropriation of the Profits
3. Election of Directors
4. Ratification of the co-option of directors
5. Renewal of the appointment of the joint auditors
6. Approval of the Final Board Fees for Retiring Directors
Extraordinary General Meeting
1. Withdrawal of resolution on consolidation of shares
2. Amendment of the Articles
Note that in Q1 2020, ETI reported profited after-tax from continuing operation of N66.4 billion, marking a 19% decline when compared to N81.9 billion during the comparable period in 2019.
ETI’s share price on the Nigerian Stock Exchange closed Friday’s trading session at N5.55. The company has a market capitalisation of about N137.3 billion according to information obtained from Bloomberg.
Business News
NNPC explains measures to cut cost of crude oil production
Ewubare stated that NNPC was looking very closely at such variables as logistics, security, and transportation with a view to reducing the cost of production to $10 per barrel or below.
The Nigerian National Petroleum Corporation (NNPC) has said that it is taking some measures to bring down the cost of crude oil production to $10 per barrel or below.
According to a press statement that was signed by NNPC’s Group General Manager, Group Public Affairs Division, Dr. Kennie Obateru, this was disclosed by the Corporation’s Chief Operating Officer (COO), Ventures and Business Development, Mr. Roland Ewubare, on a Channels TV breakfast programme on Friday, June 5, 2020.
Ewubare pointed out that the peculiarity of the terrain was an important factor in determining cost, with such issues as pipeline vandalism, crude oil theft, and some others being critical factors that are peculiar to the Nigerian terrain and would definitely drive up crude oil production cost in the country.
READ ALSO: NNPC unveils COVID-19 contacts tracing app, marketers to buy petroleum products online
He, however, stated that NNPC was looking very closely at such variables as logistics, security, and transportation with a view to reducing cost of production to $10 per barrel or below.
He disclosed that much had been done over the years in the area of reducing contracting cycle which used to be a major factor responsible for high cost of production, stressing that the National Petroleum Investment Management Services (NAPIMS) achieved a six-month contracting cycle under him as Group General Manager.
Mr. Ewubare denied reports that Nigeria is part of OPEC+ member countries that did not comply with the output cut that was agreed by the alliance
Mr. Ewubare explained that though Nigeria’s total production capacity was 2.3million barrels per day, it was currently producing only about 1.4million barrels per day in compliance with the OPEC+ production quota, stressing that what makes up the little extra over the 1.4mbpd figure being bandied around for Nigeria was condensate which is usually not computed as part of production in OPEC quota.
READ MORE: NNPC seeks Russian firms’ partnership to revamp oil refineries
While making some clarification, Ewubare said, “There’s some confusion in the market around the parameters for the production cuts. Nigeria has a full production capacity of about 2.3mbpd. We are currently producing between 1.6 and 1.7mbpd. Our OPEC quota as a result of the cuts is about 1.4mbpd. You and I know that condensate is not included in the computation of the cut numbers. So what we have is 1.4mbpd of crude oil. The little you see above 1.4mbpd is made up of condensate which does not count as part of the basis for assessing our OPEC quota”.
NNPC Group Managing Director, Mallam Mele Kyari, in a recent interview, advanced a similar position where he stressed that NNPC was working assiduously to bring down the cost of crude oil production to not more than $10 per barrel by 2021.
