Business
ALSCON: Nigeria’s case of self-inflicted economic sabotage?
By Yemie ADEOYE
“I am the greatest obstacle to my greatest dreams.”
–Craig D. Lounsbrough
LAGOS-THE Aluminium Smelter Company of Nigeria, popularly called ALSCON, is Unarguably one of the largest Aluminium smeltering company ever to be sited on the continent of Africa, and also unarguably one of the most strategically located on the planet.
With the proximity of this plant to neighboring African countries around the Gulf of Guinea like Ghana, Togo, Benin, Cameroon, Equatorial Guinea, Gabon, Sao Tome, it can be easily seen that this plant would be an economic booster to Nigeria.
Nigeria’s financial loss to the controversy
The plant was designed to produce 193,000 tons of Aluminium annually at optimal capacity. As at 1997, a ton of Aluminium was sold at 3000USD. What this means is that at full capacity ALSCON was designed to generate approximately 600 million USD annually.
However with the current market price of about US$2,108 per metric ton according to Statista, the plant will be generating a minimum of US$406,844,000 per year, and with a good well structured and business inclined management, the company is capable of generating about a billion dollars annually in the very near future. Sadly, since this bid happened 16 years ago, Nigeria has not generated a dime from ALSCON, thereby defeating the sole essence of the bid process.
President Muhammadu Buhari
Chief Justice of Nigeria Ibrahim Tanko Muhammad
The controversy that has surrounded and grounded the activities of this huge economic infrastructure is preposterous, unimaginable for an economy begging for investments and could at best be described as a self-inflicted economic sabotage.
Nigeria goes cap in hand to china, IMF, world Bank, Paris Club and any other institution or country that has capacity to spare a loan, while it continues to systemically and installmentally destroy its money-generating infrastructures. How can this ever be rationalized?
A brief history of the controversy
- In 2004, the Bureau of Public enterprise, BPE called for bids from interested investors willing to purchase the Aluminum Smelter Company of Nigeria, ALSCON in Ikot-Abasi, Akwa-Ibom state, south-south Nigeria.
- The American BFI Group led by a Nigerian-American professional, Dr. Reuben Jaja also came down to Nigeria to Bid for the aluminum smelting plant and emerged the winner, after putting up a bid of $410 million.
- Surprisingly and under controversial circumstances, the BFIG, which was declared winner was not handed the needed documents by Government in order to proceed to the payment stage, and the Russian company, UC Rusal which came second during the bid with a far lesser bid of about $250 million was handed the share purchased agreement, SPA, with all the agreed annexures which would make the plant a successful investment. This allegedly happened under seemingly shady and very controversial circumstances.
- The BFIG immediately went to court to seek redress. The Group lost at the high court and moved to the appeals court, it again lost the case and moved to the Supreme Court where it finally got judgment in its favour in 2012. The judgment was unanimous by all five justices of the apex court.
- Since receiving the Supreme Court judgment in 2012, the BPE has refused to honour the judgment of the court, and in the last eight years since the judgment, the BFIG has gone back to court severally to enforce the Supreme Court judgment, which is in its favour. This culminated in the federal court judgment of December 17, 2019 instructing the BPE to comply with the judgment of the Supreme Court and hand over the SPA to the BFI Group according to the Supreme Court judgment of 2012. The federal high court went further to order the remand of the Director General of the BPE in prison custody for 30 days as a deterrent and for his failure to honour the Supreme Court judgment.
NASS
Director General of the BPE, Alex Okoh
Dr. Reuben Jaja, President of the BFI Group
In 2005, the senate committee on commercialization and privatization issued an order rebuking the presidency for revoking the bid and selling to the Russians at a reduced price, and described the conduct of the presidency as “fraud and corruption against the nation”
The House of Representatives issued another order in 2015 demanding that the Share Purchase Agreement, SPA, which is the bone of contention, should be handed over to the BFIG with all the 17 annexures included in it. In all the BFIG says it has four orders of the national assembly in its favour and saying almost the same thing, why isn’t anyone listening for sixteen years?
Sixteen years of litigation has gone by between the Bureau of Public Enterprise, BPE, and the preferred winner of the bid, the BFI Group, with all the courts of the land, including the Supreme Court sticking to one narrative, which is that the BPE should hand over all relevant and necessary documents to the BFIG, which must include the annexures in order for the group to effect the 10 percent payment according to the laws.
Now, how difficult could it be to obey the rule of law, which governs every normal society? This writer has sighted several documents including court judgments, which alludes to the fact that there is a duly orchestrated strategy to undermine the judiciary of this country and bring it to ridicule before every prospective investors around the world, thereby undermining the national economy of this great nation.
Nigeria’s current reality
Currently, Nigeria is ranking in the negative on all developmental indices. With over 10 million out of school children scattered all over the country. Also ranking as the “poverty capital of the world, it is said that if the country is unable to change its current trajectory, it will be home to 110 million people living in extreme poverty by the year 2030, as against the 90 million people currently in that state of life.
How can a country with such liability amidst infrastructure deficits afford to treat foreign investors who are here to help lift its economy with such disdain and wickedness? What message does this protracted anomaly send to the international community, investor nations and organizations and even to us as a nation?
Now the plant, which was at 30 percent production capacity, is currently down to a paltry 5 percent. The staff strength, which was over 800 about 15 years ago, is now abysmally down to less than 30 people. A company that was valued at about US$1.5 billion has been devalued to around US$100 million dollars according to the KPMG audited financial reports.
The BFI Group
This group is not just an American group with interest in treating a Nigerian infrastructure as the Russians currently do, but a Nigerian professional leads it with deep roots to this country, as the great grandson of the famous king Jaja of Opobo Kingdom in present day Rivers state and with very towering global attainments, especially in the United States of America where he worked with several organizations including the United States federal reserve Bank. e was a lead banking law enforcement participant on various delegations including the U.S. Financial Institution Experts delegation to the Republics of Russia and Hungary.
The gentleman is an asset to Nigeria if only we can recognize one when we see it, and his biggest problem is probably his inability to transact business in the Nigerian. When asked he has said severally that the Group is guided by the foreign corrupt Practices Act of the United States.
After seeing several interviews granted by the president of the BFI group, Dr. Reuben Jaja, including the one he had on the Energie Platform radio show, it does not only leaves much to be desired, but makes it very difficult to decipher how we intentionally shoot ourselves in the foot by making very simple issues become so knotty and difficult.
There is a Supreme Court Judgment issued and written in English. The judgment was very clear, and one wonders how such a judgment can be so flagrantly disregarded by an agency of government without any form of reprimand or call to order? Either by the presidency or the Attorney General of the federation, especially as the agency in question, the BPE, is under the presidency. This sad development can only tarnish the country’s image before the international community and prospective investor nations and organizations if allowed to continue unchecked.
The President of the BFIG made it clear on national television with documents to show, that he and his group have always been ready and willing to pay for this plant as stipulated by law, all they seek from the BPE is the sixteen page share purchase agreement, SPA with the 17 annexures inclusive as directed by the courts, and the moment this duly signed document is handed to the group, they will proceed to comply with the stipulated 2 weeks for payment.
According to him, since the take over of the Plant by the Russian UC Russal, they have continued to strip off the valued assets of the plant and have been intercepted on occasions by the Nigerian Army, which handed over the accosted four trucks to the Nigerian police, all filled with valued assets of the plants.
It is worthy of note that this exact scenario played out in Ajaokuta steel plant when the Indian company, GINL was in charge of the plant. It is on record that the villagers accosted the officials of the company while attempting to cart away assets of the steel plant.
Unanswered Questions
The questions now begging for answers are: what is the offence of the BFIG after it paid the requisite US$1 million expression of interest fee and went ahead to win the bid?
Why is it so difficult to hand over the requested documents even after the pronouncement of the Supreme Court of Nigeria, which is final on all litigations and cannot be appealed?
Could this be the case in a true democracy and in an egalitarian society?
Who is afraid of the BFIG? What does this say about our integrity as a nation?
If the BPE is right and justified in this case, why will the federal High court Abuja commit the Director General of the BPE, Mr. Alex Okoh to a 30-days jail sentence in December of 2019 for failing to comply with the supreme court judgment?
What is the supposed role of the National Assembly in this case of gross economic sabotage on the nation?
What is the role of the presidency, the Inspector General of police, and the Attorney General of the federation and minister of justice under whose watch a unanimous judgment of the Supreme Court is being so flagrantly disobeyed and disregarded by an agency of government?
Nigeria’s past experiences with notable investors
This attitude to foreign investors, especially the ones we invite into our country for economic reasons must stop for image sake, and for the sake of all we hold dear as a nation.
Since the return to civil rule about 20 years ago, Nigeria has had some very sad, but notable experiences with foreign investors, which has not been helpful to our image as a nation.
First it was Sir Richard Branson and the Virgin group, which entered into a partnership with the country to form the Virgin Nigeria Airline, his views about Nigeria after the crash of this partnership is quite sad and a very terrible blow to the Nigerian brand.
We also recall the Ajaokuta steel plant controversy. A major economic booster for Nigeria, which was allowed to rot away even at 98 percent completion. We gave it to the Indian company, GINL, but of course, it also landed in the courts for litigation, even as the federal government seems to be at the receiving end, begging for renegotiations and out of court settlement, as the state of the plant remains moribund!
Very recently, the case of P&ID emerged and has continued to embarrass Nigeria internationally as that supposed economically viable partnership has also gone up in flames and gone from arbitration to litigation in far away United Kingdom.
Now, we have the BFIG in our courts for sixteen whole years. That is a lifetime! It is enough time to revamp and rebuild the entire infrastructure of Nigeria. What sort of nation are we building? Can we really lay claim to a civil society if court orders are shabbily treated with this sort of flagrant disregard even for a judgment of the highest court of the land?
I seize this opportunity and moment to call on Mr. President, the National Assembly and the inspector General of Police, The Attorney General and minister of Justice to grant this issue the attention that it deserves and require. It is a case of monumental national importance, as the image and integrity of our nation is on the line.
The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against the Federal Government of Nigeria (FGN) on what it termed “the arbitrary, unconstitutional, unlawful, unfair, and unreasonable 50 percent telecom tariff hike by the Nigerian Communications Commission (NCC).”
Biztellers reports that the NCC was joined in the suit as Defendant.
Recall that the NCC recently approved a 50 percent hike in telecom tariffs, which by implication would see the average price of calls will rise to N16.5 per minute from N11; the cost of 1GB of data to N431.25 from N287.5/GB; and SMS rates to N6 from N4.
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In the suit number FHC/ABJ/CS/111/2025 filed last Friday at the Federal High Court, Abuja, the SERAP is asking the court to determine “whether the unilateral decision by the NCC to authorise telcos to hike telecom tariffs by 50 percent is not arbitrary, unconstitutional, unlawful, unfair, unreasonable and inconsistent with citizens’ freedom of expression and access to information.”
In addition, the SERAP is asking the court for “a declaration that the unilateral decision by the NCC to authorise telcos to hike telecom tariff by 50 percent is arbitrary, unfair, unreasonable and inconsistent and incompatible with citizens’ freedom of expression and access to information, and therefore unconstitutional and unlawful.”
The SERAP is also seeking “an order of interim injunction restraining the NCC, its officers, agents, privies, assigns, or any other person or persons acting on its instructions from further implementing, enforcing and doing any act to give effect to the decision of the NCC authorizing telecom tariff hike by 50 percent.”
In the suit, the SERAP is arguing that: “The legal and constitutional provisions as well as international standards on freedom of expression and access to information constitute the repository of legality. The requirements of legality constrain the exercise of statutory powers by the NCC to authorise any increase in telecom tariffs.”
The suit filed on behalf of the SERAP by its lawyer Ebun-Olu Adegboruwa, SAN, read in part: “The demands of legality impose clear duties of fairness and reasonableness on the NCC in the exercise of its powers to authorize the telecom tariff hike by 50 percent, which is the subject-matter of this suit.
“The NCC is required under the legal provisions on consumers’ rights and constitutional and international standards on freedom of expression and access to information to base its decision on reasonable interpretations of its enabling statutes and guidelines and other relevant legal frameworks, and to follow due process.
“The exercise of the statutory powers of the NCC in approving the telecom tariff hike is a grave violation of the provisions of the Federal Competition and Consumer Protection Act 2018, the Nigerian Constitution 1999 [as amended] and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.
“These legal and constitutional provisions and international human rights standards recognize that every individual has the right to an equal opportunity to receive, seek and impart information through any communication medium without discrimination.
“The constitutional and democratic anomalies complained of by SERAP is more apparent when the said unilateral decision of the NCC approving a 50 percent increase in telecommunication tariffs is juxtaposed with the apparent procedural breaches of the condition-precedent for any approval of increase.
“The NCC is the statutory agency charged with the responsibility of promoting and implementing the national communications or telecommunications policy in Nigeria.
“The latest patently unconstitutional and unlawful increase in telecommunication tariffs is coming on the heels of a recent report by the National Bureau of Statistics (NBS), which shows that some 133 million Nigerians are poor.
“The NBS report also shows that over half of the population of Nigeria are multi-dimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy.
“The increase in telecommunication tariffs is a fundamental breach of due process of law, as the purported approval by the NCC failed to meet the high threshold of consultation with key stakeholders, especially the Federal Competition and Consumer Protection Commission, which is the primary consumer protection agency in Nigeria.
“The increase in telecommunication tariffs is coming at a time when Nigerians are deeply burdened by the cost of living crisis. The cost of living crisis has resulted in low quality of life, unemployment and deaths, as many socially and economically vulnerable people scramble for free food in public and religious gatherings.
“The present-day economic realities in Nigeria include chronic poverty amongst a high percentage of citizens and the growing inability of several state governments to pay salary and pensions of workers, especially as the country still suffers from the removal of fuel subsidy, electricity tariff hike and inflated cost of food in the market.”
The SERAP is therefore asking the court for the following reliefs:
A DECLARATION that the unilateral decision of the NCC approving the increase of telecommunications tariff by 50 percent is arbitrary, unfair, unreasonable, and a deliberate attempt to stifle the constitutional and international human rights of citizens to freely express themselves and share information, and breach of sections 104 and 127 of the Federal Competition and Consumer Protection Act 2018, section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended] and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.
AN ORDER setting aside the unilateral decision of the NCC approving the increase of telecommunications tariff by 50 percent contained in a press statement published by the NCC on 20th January 2025 for being arbitrary, unfair, extortive, unreasonable, unconstitutional and a breach of the provisions of Sections 104 and 127 of the Federal Competition and Consumer Protection Act 2018, section 39 of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.
AN ORDER restraining the NCC, its agents, assigns, privies and or representatives or such other persons acting on its behalf, and all telecommunication companies in Nigeria from implementing and/or enforcing the unilateral decision of the NCC approving the increase of telecommunications tariff by 50 percent as contained in a press statement published by the NCC on 20th January 2025.
AND FOR SUCH FURTHER ORDER(S) that the Honorable Court may deem fit to make in the circumstance of this suit.
No date has been fixed for the hearing of the interim application and the substantive suit.
Savannah Energy has shared a trading update on its Nigerian operations and other markets in Africa, including up-to-date cash collections in its Nigerian business.
According to the update, made available on Thursday in Lagos, its gross production in Nigeria averaged 23.1 Kboepd for FY 2024, broadly in line with the prior year’s 23.6 Kboepd, of which 88% was gas (FY 2023: 91%).
On the update, CEO of Savannah Energy, Andrew Knott, said, “I am pleased to provide a FY trading update which demonstrates the continued progress we have made in 2024, a year which saw the highest level of cash collections ever recorded by our Nigerian business. 2025 is expected to be an exciting year for our Company: we have a large planned operational programme in Nigeria which is anticipated to enhance both our oil and gas production levels and capacity; we intend to progress our R3 East oil development project in Niger; we continue to pursue key acquisitions in the upstream oil and gas space; and we continue to seek to build our power business.
“Fundamentally, Savannah remains unequivocally an “AND” company, seeking to deliver strong performance both for the short AND long term across multiple fronts, and pursuing growth opportunities in both the hydrocarbon AND power sectors.”
The update It also shows that it generated a Total Income of US$393.6 million in 2024, compared to FY 2023’s US$289.8 million. This consists of Total Revenues of US$258.7 million and Other operating income of US$134.9 million.
The report also shows that Savannah’s FY 2024 Total Revenues were ahead of the previously issued financial guidance of greater than US$245 million, while FY 2024 financial guidance is reiterated for Operating expenses plus administrative expenses at ‘up to US$75 million’. The company expects its FY 2024 capital expenditure to come in lower than planned (previously guided at ‘up to US$50 million’) due to the phasing of spend.
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According to the update, Savannah’s cash collections in 2024 amounted to US$248.5 million, a slight increase from the US$206 million it received in 2023. The report further shows that its cash balances as at 31 December 2024 stood at US$32.6 million, compared to the 31 December 2023 figure of US$107.0 million.
The report shows that the company’s midstream subsidiary, Accugas Limited, had as at 31 December 2024 drawn down on its NGN332 billion of the NGN Transitional Facility, with the resulting funds being converted to US$, which, along with cash held, was used to partially prepay the existing Accugas US$ Facility, leaving a balance as at 31 December 2024 of approximately US$212.3 million.
The report also provided new updates on Accugas’ US$45 million Uquo Central Processing Facility (“Uquo CPF”) compression project in Nigeria, noting that its commissioning which will enable the expansion of gas production in the medium term is well underway.
The report highlighted the progress being made in the procurement process of long lead equipment in Nigeria for a potential two-well drilling campaign on the Uquo Field in H2 2025, with an additional gas development well expected to add up to 80 MMscfpd of supplemental production capacity and a potential exploration well targeting an Unrisked Gross gas initially in place (“GIIP”) of 154 Bscf (25.7 MMboe) of incremental gas resources.
The update shows that progress is also being made in the planned Savannah acquisition of Sinopec International Petroleum Exploration and Production Company Nigeria Limited, whose principal asset is a 49% non-operated interest in the Stubb Creek oil and gas field (“Stubb Creek”), with regulatory approval and completion being targeted in Q1 2025. Following the completion of the acquisition, Savannah intends to commence an expansion programme which is anticipated to increase Stubb Creek gross production from an average of 2.7 Kbopd in 2024 to approximately 4.7 Kbopd.
In Niger, Savannah continues to seek to progress its 35 MMstb (Gross 2C Resources) R3 East oil development in South-East Niger, while it continues to push for a potential alternative transaction structure to acquire a material stake in producing oil and gas assets in South Sudan as previously announced on 20 December 2024.
On the renewable energy front, the update shows that Savannah has up to 696 MW of renewable energy projects currently in motion, including the up to 250 MW Parc Eolien de la Tarka wind farm project in Niger and the up to 95 MW Bini a Warak hybrid hydroelectric and solar project in Cameroon. A firm believer in Africa’s transition to renewable energy, Savannah continues to target a portfolio of up to 2 GW+ of power projects in motion by the end of 2026.
The Nigerian Economic Summit Group (NESG) has projected that the country has the potential to achieve a 5.5% growth in Gross Domestic Product (GDP) if critical policy reforms are sustained.
This was disclosed on Thursday during the launch of the NESG’s 2025 Macroeconomic Outlook report.
Speaking at the event, the Chief Economist and Director of Research & Development at NESG, Dr. Olusegun Omisakin, highlighted the need for more efficient policy implementation to unlock Nigeria’s economic potential.
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“We believe at the optimal level, if we embark on more efficient policy reforms, the Nigerian economy has the potential, the GDP to end up at 5.5 per cent, and we believe that this is achievable,” Omisakin stated.
More to follow……….
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