Skip to main content

CONTRACT BREACH JUDGEMENT: FIRM LIST 33 NIGERIA'S UK PROPERTIES TO BE SOLD

Contract breach judgment: Firm lists 33 Nigeria's UK properties to be sold


• We will pursue all remedies available –  AGF

By: Sharon Ehimegbe

Sequel to the judgment given to Eurafic power Limited, against the Federal Government by a United Kingdom High Court, that some identifiable properties be confiscated and disposed, over alleged breach of contract entered into on the sale of Sapele Power Station, about 33 properties belonging to Nigeria in the UK have been identified and listed to be forfeited.


The development comes as Nigeria continues to battle another firm, P&ID, which is attempting to seize $9bn Nigerian assets.


In the fresh case with number CL-2017-000781 a UK High Court ordered the payment of $2.51m, £225, 949.19 and N57.9m (a combined N1.12bn based on the current Central Bank of Nigeria’s exchange rate).


The legal tussle emanated from a contract entered into by the Federal Government and Eurafric Power Limited in February 2013.


The firm entered into a share sale agreement with the Bureau of Public Enterprise and the Federal Ministry of Finance, both acting on behalf of the Federal Government.


The deal involved the purchase of Sapele Power Plc, owners of Sapele Power Station at the cost of $201m. The purchase included material properties and core assets of the company which listed ‘site land’ as one of its properties.


Pursuant to the share sale agreement, the National Council on Privatisation issued Share Certificate 0001 to Eurafric Power Limited on February 10, 2014, approving the sale of the Federal Government’s equity in Sapele Power Plc.


A Certificate of Handover with No 0002 also showed the handover of Sapele Power Plc to Eurafric Power Limited. All assets, liabilities, employees, rights and obligations of the Power Holding Company of Nigeria were also handed to Sapele Power Plc, now owned by Eurafric Power Limited.


However, trouble started when, after the handover had been completed, the Federal Government and the Niger Delta Power Holding Company began arrangements to transfer a substantial portion of the premises already sold to Eurafric Power Limited to one Ogorode Power Generation Company.


The Federal Government insisted that the portion it transferred did not form part of the sold assets, this prompted the firm to subsequently commence arbitration against the Federal Government in the UK in line with the agreement signed by the parties.


A tribunal was set up comprising a former Attorney General of Pakistan, Makhdoom Ali Khan as Chairman; with a retired Nigerian Supreme Court Judge, Justice Samson Uwaifo, and a former Attorney-General of the Federation, Chief Bayo Ojo (SAN) both named as co-arbitrators.


On September 28, 2017, the arbitral tribunal ruled in favour of Eurafric Power Limited. A UK High Court presided over by Justice Popple Well subsequently recognised the award as a court judgment.

A copy of the judgement dated January 15, 2018, reads in part, “The defendants are jointly and severally ordered and directed to pay to the claimant the following amounts: $2,500,000 as legal costs; £215,930.60, as an advance paid on costs and N57.9m, £10,018.50 and $11,158.33 as disbursements. All other claims and counter claims are dismissed.”


The court further stated that the defendants had 30 days to appeal after which the claimants would be free to enforce the judgment.


In a letter addressed to Attorney-General of the Federation, Abubakar Malami (SAN), titled, ‘Enforcement of the Arbitral Award Against the Federal Government of Nigeria- Matters Arising,’ Eurafric Power Limited called on the Federal Government to honour the court judgment and pay immediately.


In the letter dated October 23, 2019 which was signed by its lawyer, Godwin Obla (SAN), the firm stated that it had identified 33 of Nigeria’s properties in the UK which were not being used for diplomatic purposes, adding that it would liquidate some of the assets soon.


The letter reads in part, “In our view, the identification of the 33 properties by the foreign counsel may pose a significant risk to the interest of the Federal Government of Nigeria if or when the report is tendered before the UK court at which stage it becomes a public document and accessible to any member of the public.


“As it is now common knowledge, in the wake of the global publicity attracted by the P&ID case, Nigerian assets abroad now stand the increased risk of seizure/forfeiture for the liquidation of judgment debts. In our opinion, therefore, it will not augur well for potentially hostile interests to gain access to actionable information of the Federal Government of Nigeria’s assets in the UK such as are contained in the report of the foreign counsel.”


The spokesman for the AGF, Umar Gwandu, said the Office of the AGF would exploit all remedies available at its disposal in addressing the case.


“The Office of the Attorney-General of the Federation will work within the context of the law in exploiting remedies available at our disposal,” Gwandu said.

Comments

Popular posts from this blog

EDO 2024 GUBER: NANS Stakeholders Endorsed Edoror

 EDO 2024 GUBER: NANS Stakeholders Endorsed Edoror By: Our Correspondent As Edo state prepares for the 2024 governorship election, the Stakeholders of the National Association of Nigeria Students, NANS, in a special meeting in Abuja on Friday, the 1st of December 2023 endorsed Rt. Hon. Comrade Engr. Victor Sabor Edoror aka Owdoolamper for Edo State Governor. In their resolution, they vowed to relocate to Edo State to ensure that all students in all Edo tertiary institutions which includes Universities, Polytechnics, Colleges of Educations, nursing schools and monotechnics vote for Rt. Hon. Edoror. They commended Edoror for the show of love to the NANS Academy while he was the Speaker of Edo State House of Assembly, EDHA.  The stakeholders of NANS, in their resolution, went further to hail him for making the organisation proud, in view of his integrity, and  decision to stand solidly for democracy in Edo state, as he took the noble decision alongside other integrity group, the 'Edo

Edo 2024 Guber: Uhomoibhi Meets Esan Enigie, Declares Intention to Contest

Edo 2024 Guber :  Uhomoibhi Meets Esan Enigie, Declares Intention to Contest By: Oriaifoh Godwins Ambassador Professor Martin Ihoeghian Uhomoibhi, on Wednesday, 28th December 2023, was received by the Enigie of Esanland who all converged at the Palace of the Onojie of Ewatto, in Esan South East local government area of Edo state, the hometown of the Ambassador. Ambassador Uhomoibhi, who spoke all through to the traditional rulers in Esan language, comically apologized  that, he is communicating to them in Esan language, because he has no funds to pay an interpreter if he is to speak in English language. He reeled out his academic records that climaxed at the Saint Anthony College in Oxford University, United Kingdom, where he obtained his doctorate degree at the age of 27. Ambassador Uhomoibhi, the most outstanding governorship aspirant, for the 2024 Edo Guber, also revealed to the traditional rulers that, he was the Undersecretary General of the United Nations who oversaw the stabiliz

2024 EDO GUBER: ... to be indifferent, is dangerous -Oduma warns

 2024 EDO GUBER: ... to be indifferent, is dangerous  -Oduma warns By: Oriaifoh Godwins The people, and electorates of Edo state has been called upon to join in changing the ugly narrative that is currently putting Edo state in the rear seat in terms of growth and development amongst the comity of progressing states in Nigeria.  The All Progressives Congress, APC, Assistant Deputy Director for Mobilisation, in Edo central Senatorial district, Hon. Chief Robert Okoinemen, aka the Oduma of the universe, made this call recently while speaking with a team of Journalists in Uromi, Esan North East local government area of Edo state. Speaking, Chief Okoinemen, who lamented that many Edo people, including those that  supported governor Godwin Obaseki's second tenure election, are all regretting today. He said; "myself and a couple of other people warned us on the devastating implications of giving Obaseki a second chance, but people turned deaf ears to our warnings" " Myself