NEWS
US Court Backs French Court’s Affirmation Of $70m Arbitration Award Against Nigeria
A U.S. Appeal Court court has granted Zhongshan Fucheng Industrial Investment Co. Ltd. permission to enforce a $70 million arbitration award against Nigeria.
In a 2-1 decision on August 9, the court upheld a previous ruling by the U.S. District Court for the District of Columbia, affirming the enforceability of the award.
In January 2023, Judge Beryl Howell, who presided over the lower court, rejected Nigeria’s claim that the court lacked jurisdiction due to its status as a sovereign state.
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Howell ruled that the court does have jurisdiction, noting that the United Kingdom, where the arbitration award was issued, is a signatory to the New York Convention, which governs the enforcement of international arbitration awards.
In 2010, Zhongshan Fucheng Industrial Investment Co. Ltd., through its Chinese parent company, Zhuhai Zhongfu Industrial Group Co. Ltd., secured rights to develop a free trade zone in Ogun State, Nigeria.
By the following year, Zhongshan established Zhongfu International Investment (NIG) FZE, a Nigerian entity, to manage the project with the approval of the Ogun State government.
However, in July 2016, tensions arose when the investor accused the state government of abruptly attempting to terminate its role and replace it with a new manager for the free trade zone.
In response, Zhongfu initiated an investment treaty arbitration against Nigeria under the bilateral investment treaty (BIT) between China and Nigeria.
The arbitrators concluded that Nigeria had violated its obligations under the China-Nigeria BIT and awarded Zhongshan approximately $70 million in compensation.
In January 2022, the Chinese company filed a case to enforce the $70 million arbitration award.
Nigeria argued for state immunity, but Sara Cockerill, a UK high court judge, dismissed the plea, stating that Nigeria had misused the time allowed for appealing arbitral awards.
In its majority judgment, the U.S. appellate court ruled that the arbitration award is enforceable under the New York Convention, as the dispute involves “persons” engaged in a legal commercial relationship.
The court further determined that the arbitration exception under the Foreign Sovereign Immunities Act (FSIA) nullified Nigeria’s claim to sovereign immunity in this case.
“For the foregoing reasons, we hold that the final award is enforceable under the New York convention because it arose out of differences between ‘persons’ that share a legal, commercial relationship,” the majority judgment reads.
“The district court therefore has jurisdiction over this case under the FSIA’s arbitration exception. The judgment of the district court is affirmed.”
The majority judgment was written by Judges Patricia Millett and Julianna Childs.
In his dissenting opinion, Judge Gregory Katsas argued that the term “persons,” as understood when the New York Convention was drafted, did not include sovereign nations.
He also asserted that the actions of Ogun State should not be imputed to Nigeria, noting that the arbitration award stems entirely from Nigeria’s sovereign acts under public international
Katsas said, “Text, legal context, and drafting history all indicate that the word ‘persons,’ as used in the New York Convention, does not include signatory nations acting as sovereigns. I respectfully dissent.
Just three days after the U.S. appeal court’s ruling, a Paris court in France ordered the seizure of three jets owned by the Nigerian government in connection with the $70 million arbitration award owed to the Chinese company.
In 2023, a UK court of appeal also held Nigeria liable for the same arbitration award in favor of the Chinese firm.
This outcome means Nigeria has now lost arbitration award cases related to the dispute in France, the U.S., and the UK.
The Nigerian government has accused the Chinese firm of trying to use deceptive tactics to gain control of the country’s offshore assets.
The Kano State Police Command has warned residents of a potential terror attack, targeting public gatherings in strategic locations across the state.
In a statement issued on Friday, the command’s Public Relations Officer, SP Abdullahi Haruna, disclosed that intelligence reports indicated suspected terrorists were planning to carry out attacks.
“The Kano State Police Command, in liaison with other security agencies, has received intelligence reports of suspected terrorists planning to launch attacks on public gatherings in strategic locations within Kano State.
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“In response, we hereby urge residents to exercise caution and avoid crowded places and environments until further notice as a preventive measure to enable security operatives to identify and dislodge possible attackers,” the statement read.
To address the threat, the police command has enhanced security arrangements across the state. SP Haruna revealed that specialized units, including the Explosive Ordinance Disposal (EOD) and the Chemical, Biological, Radiological, and Nuclear (CBRN) teams, have been deployed to strategic locations and are on high alert.
“A team of experts from the command’s Explosive Ordinance Disposal, Chemical, Biological, Radiological, and Nuclear units have been deployed to strategic locations and are on high alert.
“The unit can be contacted through: 08169884988 or 07067157218 for report of suspicious persons or item(s),” Haruna stated.
Residents have been urged to remain vigilant and report any suspicious activities to the nearest police station or contact the command through the designated hotlines.
“The command remains committed to protecting lives and properties as well as maintaining law and order in Kano State.
“We appreciate the support and cooperation of the good people of Kano State and urge everyone to remain vigilant. Your vigilance and cooperation are crucial in ensuring public safety,” the statement concluded.
NEWS
Ifon-Ilobu-Erin Osun Land Disputes: Osun Constitutes A 100-Member Boundary Resolution Committee
In the bid to resolve the incessant land disputes between the communities of Ifon, Ilobu and Erin Osun, the Governor of Osun State, Senator Ademola Adeleke has constituted an enlarged 100-member high powered land crisis resolution committee in which each of the affected communities has 25 representatives, and the state government represented by 25 members.
The Osun State Commissioner for Information and Public Enlightenment, Oluomo Kolapo Alimi made the disclosure in a statement in Osogbo, on Friday.
He revealed that the Ataoja of Osogbo land, Oba Jimoh Adetunji Olanipekun Larooye is the Chairman of the Committee, while a retired judge of Osun State Judiciary and Chairman, Osun State Boundary Commission, Justice Moshood Adekunle Adeigbe, would serve as the Co-Chairman.
According to Alimi, Gov Adeleke put in place the Committee with a view to bringing a lasting end to the incessant land disputes among the three affected communities.
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It was gleaned from the statement that there were four other traditional rulers on the panel, including His Royal Majesty; Oba Abioye Oyebode, the Olokuku of Okuku, His Royal Majesty; Oba Adams Iyiola Bamidele Yusuf, the Oloba of Oba Oke, His Royal Majesty; Oba Adekeye Oyedare, the Oloyan of Oyan and His Royal Majesty, Oba Akeem Ogungbamgbe,The Owaloko of Iloko-Ijesha.
Other members are Umar Abba Mohammed, Osun State Commissioner of Police, Ayoola Kehinde, Osun State Director, Department of State Services( DSS) Brigadier General, Aliu Mohammed, Commander E.C.C, Ede, Sotiyobo Igbalawola, Osun State Commander, Nigeria Security and Civil Defence Corps( NSCDC), Anthony Chikezie, Commander, Immigration Service, Osun State, Adekunle Omoyele, Osun State Commander, Amotekun Corps, and Special Adviser to Osun State Governor on Security, Barrister Dare Ojo.
Also on the enlarged Committee, where members are enjoined by Gov Adeleke to bring in their wealth of experience to bear on the highly critical assignment, are the Chairman, NBA Osogbo branch, Yemi Abiona, Esq; the Chairman, NBA, Ikirun, Niyi Akinsola, Esq; the Chairman, NBA, Ile Ife, Tope Olajoko, Esq; the Chairman, NBA, Ilesha, Raymond Oki, Esq; Others appointed to serve on the Ifon- Ilobu- Erin Osun Peace Resolution Committee are; Soladoye Abioye, the Surveyor General of Osun State – Dr Sodiq Olohunde, Office of Chief of Staff to the Governor, Marufat Adekemi Bello, Permanent Secretary , Ministry of Justice – Femi Ogundun,- Permanent Secretary, Ministry of Local Govt and Chiertincy Affairs, Dr Fritz Mobolaji Olaoye, Permanent Secretary, Ministry of Lands and Physical Planning.
Completing the list of the Committee members are Comrade Wasiu Ajadosu, Osun NUJ Council Chairman, Comrade Waheed Lawal, Osun Civil Society Coalition and Comrade Saka Mao, a Public Affairs Analyst
The statement has it that Gov Adeleke, will on Tuesday, the 28th of January, 2025 perform the swearing in ceremony of the 100-member enlarged Ifon, Ilobu, Erin Osun Land Crisis Resolution Committee, at the Multi purpose hall of Local Government Service Commission, State Government Secretariat, Abere Osogbo by 11:00am.
Edo State Governor, Senator Monday Okpebholo, has charged the Managing Director of the Edo State Traffic Control Management Agency (EDSTMA), Engr. Stainless Ijeghede on indiscriminate parking and traffic gridlock, especially in market areas.
According to a statement in Benin City on Friday, by Chief Press Secretary to Edo State Governor, Fred Itua, his principal gave the charge while decorating Ijeghede with his new rank as the head of EDSTMA.
He noted that while addressing the new Managing Director and his personnel at the Exco Chambers in Government House, Gov Okpebholo pointed out that the agency should do its job well by ensuring free flow of traffic across the state.
He called on Ijeghede and men of the agency to ensure they checked indiscriminate parking of vehicles and buses, especially in market areas.
“Edo State belongs to all of us and whatever we are doing, we should do it with care not to harm anybody. I appeal to EDSTMA to ensure that the city is well kept because whenever I drive round town, I see vehicles everywhere as the city is not well kept.
“This is your primary assignment. You should ensure the city is well kept as vehicles park indiscriminately and they are causing obstruction. Traffic is not flowing as it should and it is causing serious gridlock. Is it that you are not doing your job well?
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“Is it that you are not doing your job well or because you have a new leader that is why traffic is not flowing, or because you don’t know your job?
“You people should wake up and keep the state clean. Make sure that vehicles are parked well especially in the market areas. Monitor markets very well as these areas are looking really unkempt with vehicles and buses parked indiscriminately, causing traffic gridlock. Edo people are worst hit. They suffer from this. Ensure free flow of traffic so that the people will be happy,” Governor Okpebholo emphasized.
The EDSTMA boss, thanked Gov Okpebholo for the opportunity to serve the people of Edo State and assured him of the loyalty of the agency.
He added that his men will do their job professionally and ensure that the is free flow of traffic across the state.
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