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US Court Backs French Court’s Affirmation Of $70m Arbitration Award Against Nigeria

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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.

Read Also: French Court Orders Seizure Of Nigerian Presidential Jets

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.

 

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Ibadan Funfair Tragedy: Former Ooni’s Wife, Others Remanded Over Stampede

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A Chief Magistrate’s Court in Iyaganku, Ibadan, has ordered the remand of Naomi Silekunola, the former wife of the Ooni of Ife, along with Oriyomi Hamzat, the CEO of Agidigbo FM, and Abdullahi Fasasi, the Principal of Islamic High School, at the Agodi Correctional Centre.

The trio was arraigned on Tuesday in connection with the recent tragic stampede that occurred during a Christmas funfair at Islamic High School, Bashorun, Ibadan.

The incident, which claimed the lives of 35 children and injured six others, has drawn widespread public and legal attention.

Presiding over the case, Chief Magistrate Olabisi Ogunkanmi issued the remand order following charges brought against the defendants. The police prosecutor stated that their alleged offences contravened Section 324 of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000.

READ MORE: States Tighten Measures To Prevent Stampedes At Events

The prosecution accused the defendants of being involved in the organization of the event, which turned disastrous, leading to the stampede. Pending legal advice from the Oyo State Director of Public Prosecutions, the court directed their detention at the correctional facility.

The court session, held amidst heavy security, attracted significant public interest. Law enforcement officers were seen providing tight security as the suspects were escorted to and from the courtroom.

Further updates on the legal proceedings are expected as investigations continue.

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Labour Kicks Against N935/Litre Petrol, Wants More

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A cry has gone out for further reduction of the pump prices of premium motor spirit (PMS) in Nigeria to reflect local domestic production of refined products.

The Nigeria Labour Congress (NLC)has urged further reduction in the pump price of Premium Motor Spirit (PMS) otherwise known as petrol, insisting that the recent drop in price to N935/litre was begging the situation.

Recall that the Dangote Petroleum Refinery in partnership with MRS recently announced a reduction in petrol price to N935/litre.

Before the announcement, the commodity sold for over N1,030/litre in Lagos and environs, while it cost more than N1,060/litre in Abuja and Northern states.

ALSO READ: CSOs Urge Further Reduction Of Pump Prices Of Petrol

In a swift reaction, on Sunday, the Independent Petroleum Marketers Association of Nigeria (IPMAN) said its members would be selling petrol at N935/litre from Monday based on the latest arrangement with the Dangote Petroleum Refinery.

IPMAN’s National President, Maigandi Garima,, according The Punch, said the reduction in Dangote refinery’s ex-depot price for petrol and the uniform arrangement being put in place, would enable marketers to sell at N935 in their outlets nationwide.

They had set aside N36/litre as cost of logistics.

However, the announcement did not excite the NLC, which insisted on Monday that the cost of petrol should drop further.

A senior official of the NLC, Chris Onyeka, unequivocally rejected any commendation for the Federal Government and the Nigerian National Petroleum Company Limited (NNPC Ltd) over the recent reduction in the pump price of petrol.

He argued that the current pricing mechanism does not reflect the true cost of the commodity, according to The Punch.

“Do you want us to clap for them? How can we be okay with a price of N935/litre of PMS? This is not the right price for PMS. You cannot base the price on imported products when we have refining capacity in Nigeria,” he said.

He argued that the costs embedded in the current pricing framework — including foreign labour, freight charges, insurance, logistics, and profits accrued abroad — unfairly burden Nigerians.

“Products are refined in Nigeria, yet the price you give Nigerians is based on imported products. Why should we applaud that? It is akin to someone stealing your money and returning only part of it, then expecting you to clap. We cannot applaud this,” he stated.

Onyeka stressed that the only way to ascertain the correct price of PMS is by determining the actual cost of refining it domestically.

“We need to know how much it costs the NNPC to refine a litre of PMS in our local refineries, such as the Port Harcourt refinery. That is the price Nigerians should be paying,” he emphasised.

He called on the government to prioritise the welfare of Nigerians by ensuring that fuel pricing aligns with local realities.

“This country belongs to all Nigerians. Let the government do the right thing that allows Nigerians to breathe. Let the poor breathe.

“The NLC’s position underscores growing discontent among Nigerians over the rising cost of living, with fuel prices being a major contributor to inflation and economic hardship,” he stated.

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No Regrets On Subsidy Removal, Tax Reforms To Continue – Tinubu

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President Bola Tinubu, during his first Presidential Media Chat aired on the Nigerian Television Authority on Monday, reaffirmed his administration’s commitment to the ongoing tax reforms and subsidy removal, maintaining that the measures are essential to securing Nigeria’s economic future.

The tax reforms, designed to eliminate colonial-era practices and widen the tax net, have faced significant resistance from some quarters, particularly from northern lawmakers and governors. Despite this, Tinubu declared, “Tax reform is here to stay. We cannot just continue to do what we were doing yesteryears in today’s economy.”

The reforms, encapsulated in four bills transmitted to the National Assembly, aim to streamline taxation and revenue generation.

However, critics, including Borno State Governor, Babagana Zulum, have argued for caution. “The Petroleum Industry Bill took almost 20 years before it was finally passed. This tax reform bill is being transmitted and receiving legislative attention within a week. It should be treated carefully and with caution,” Zulum said in an interview with BBC.

Despite calls for broader consultations and delays, Tinubu emphasized the pro-poor nature of the reforms, noting that the vulnerable would not be taxed. “The essence of the tax reform is to eliminate colonial-based assumptions in our tax environment,” he stated.

READ MORE: President Tinubu Set For First Nationwide Media Chat Tonight

No Regrets Over Subsidy Removal

Addressing the economic hardship resulting from the removal of the petrol subsidy, Tinubu defended his decision as necessary to prevent Nigeria from “spending its future.” He dismissed the notion of a phased removal, stating, “Phased removal is part of unnecessary fear. No matter how you cut it, you still have to meet the bills.”

The President highlighted the benefits of subsidy removal, pointing out that the policy had curtailed smuggling and freed up resources for more productive uses. “There is no way that you give out fuel and allow all the neighbouring countries as Father Christmas. I don’t have any regret whatsoever in removing the subsidy,” he said.

Tackling Inflation and Corruption

Tinubu also discussed his administration’s strategies to reduce inflation, emphasizing local production and import reduction. “If one produces more for consumption locally, stop imports, give a reasonable level of funding and assistance… we have what it takes,” he explained.

On corruption, the President cited increased earnings for workers and stricter oversight by anti-corruption agencies as key measures. He pointed to the recent seizure of hundreds of properties reportedly owned by a former Central Bank Governor as evidence of his administration’s efforts. “Part of the anti-corruption is removal of subsidy. It is very difficult to eliminate but you reduce it to the barest minimum,” Tinubu stated.

Food Stampedes and Governance

The President expressed condolences over recent tragic stampedes during food distribution events, attributing the incidents to poor organization by event planners. “If you don’t have enough to give, don’t attempt to give or publicize it,” he warned.

Tinubu concluded by reaffirming his commitment to efficient governance and economic reforms, stating, “The hallmark of a good leader is the ability to do what you have to do at the time it has to be done.”

The reforms continue to spark nationwide debates, with stakeholders divided over their potential long-term impacts.

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