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Tag: Alfa Belgore

  • $9.6b judgment: Ex-CJN Belgore, others may face trial

    A former Chief Justice of Nigeria (CJN), Justice Alfa Belgore may face trial for his alleged role in the $9.6billion debt judgment against Nigeria.

    Belgore is alleged to have provided legal consultancy service to the Process and Industrial Developments (P&ID) during the case that got it the debt judgement.

    He has already been quizzed by the Economic and Financial Crimes Commission (EFCC) on the matter.

    Also quizzed is his secretary.

    A team of legal giants left Abuja yesterday to hold talks with the nation’s offshore lawyers preparatory to the resumption of the legal battle to reverse the debt judgment on Thursday.

    The team left with a three-point agenda: seeking the leave of the court to set aside the $9.6b damages, seeking a stay of execution of the award and appealing the judgement.

    Several other people may also be arraigned with Ex-CJN Belgore, The Nation gathered yesterday.

    A total of 18 past and present government officials have been linked with the signing of the alleged agreement with P&ID.

    However, only one of them, a former Director, Legal Services of the Ministry of Petroleum Resources, Mrs. Grace Taiga, has so far been taken to court.

    She was arraigned before Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory on Friday.

    Sources said the EFCC has concluded investigation on more suspects and recommended them for trial.

    One source said anyone who is implicated during investigation will face trial.

    Another source said: “The case at hand is serious. Many suspects conspired to create this problem for the country. We will arraign more people and companies in court.

    “The final outcome of the investigation will determine the fate of ex-CJN Belgore. If he is found guilty, we might put him in the dock with others. The law is no respecter of anybody.”

    When contacted, the EFCC’s prosecution lawyer, Mr. Bala Sanga (a former Attorney-General and Commissioner of Justice in Adamawa State), said: “We are going to give it everything to get to the root of this criminal conspiracy.

    “We will prosecute anybody found culpable after the conclusion of our investigation.”

    The Federal Government, it was also gathered, has perfected plans to register in London last Wednesday’s judgment in Nigeria against Process and Industrial Developments (P&ID) in line with UK’s law on Registration of Foreign Judgment.

    If the registration scales through, P&ID will forfeit all its assets in Nigeria and in the UK, including the $9.6billion damages to the Federal Government.

    Investigation showed that Nigeria’s legal team departed Abuja yesterday for consultations with the nation’s offshore lawyers in London.

    The Federal Government also rejigged the legal team by dropping some of those who appeared on its behalf in the past in the case.

    A reliable source said: “We have tinkered with the legal team; we now have a tighter group which will work with our offshore lawyers.

    “We will build our case on the conviction of P&ID by Justice Inyang Ekwo of the Federal High Court for fraud, money laundering, bribery and tax evasion among others.

    “The granting of an order forfeiture of assets of P&ID is more important to us. We will take advantage of the UK’s law on Registration of Foreign Judgments to register Justice Ekwo’s verdict on P&ID.

    “Once we succeed in registering the judgment, all assets of P&ID, including the so-called $9.6billion will belong to Nigeria.”

    Asked of what Nigeria would  be tabling before the court in London, the source said: “We have a three-point agenda including seeking the leave of the court to set aside the $9.6b damages; a stay of execution of the award; and going to an appellate court if Nigeria’s application is refused.

    “Seeking the leave of the court is not a matter of right, you have to argue for it on the point of law. This is why our team is battle ready.

    The founder of Process and Industrial Developments (P&ID), Michael Quinn admitted to have had audience with the late President Umaru Yar’Adua, ex-Minister of Petroleum Resources, Dr. Rilwanu Lukman, a former Group Managing Director of the Nigerian National Petroleum Corporation, Shehu Ladan and 15 others over the Gas Supply and Processing Agreement (GSPA).

    He also said he wrote ex-President Goodluck Jonathan, a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke and a former Special Adviser to President on Petroleum Matters, Dr. Emmanuel Egbogah on certain developments on the failed project.

    Read Also: Alleged N450m fraud: Belgore denies complicity

    He was silent on whether or not the ex-President, Diezani and Egbogah played any roles.

    But he admitted that the Arbitration, which led to the $9.6billion judgment debt, was entered into by the Jonathan administration with the knowledge of Diezani.

    He said on 19 September 2012 he wrote to the Minister for Petroleum Resources nominating P&ID’s choice of Arbitrator, the Sir Anthony Evans.

    He said on 30 November 2012 the Government wrote to inform P&ID of the appointment of Chief Bayo Ojo as the Government’s arbitrator.

    Despite the fact that he said there was a meeting earlier on 12 October 2012 at the “office of the Government’, he said he would not want to divulge what transpired.

    But Quinn included the list of the 18 key actors/ players in the contract in his in a witness statement tabled before the Arbitration Tribunal.

    He said the signing of a Memorandum of Understanding for the project was done on July 22, 2009.

     

     

  • No sacred cows in $9.6b judgment probe

    THE Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN) on Sunday said there would be no scared cows in the ongoing probe of the criminal conspiracy surrounding  the  $9.6billion judgment debt against Nigeria.

    He also said the investigation would be extended beyond the shores of the country.

    According to him, the investigation could establish proof of fraud behind the award of the contract and other underhand deals. In addition, it will afford Nigeria the opportunity to set the judgment debt aside.

    He asked Nigerians to ask the PDP government that awarded the contract why it was given to a company, whose address is in care of a lawyer’s office.

    He, however, said judges are not under investigation by the Nigerian Financial Intelligence Unit(NFIU).

    Malami, who spoke during a chat with some reporters in Abuja, said there are no limitations as to who should be invited.

    He made the submissions while reacting to a question on the interrogation of a former Chief Justice of Nigeria, Justice Alfa Belgore by the Economic and Financial Crimes Commission (EFCC) over his role in the award of the $9.6billion damages against Nigeria.

    Although the AGF refused to mention any name, he said all those implicated in the deal were being investigated.

    He said: “There is indeed investigation being intensively and extensively carried out by agencies of government and it is indeed unearthed, borderless and there are no limitations as to who and who can be invited and not invited.

    “I won’t like to speak on the personalities but I want to state categorically that those that were involved in the process of drafting the agreement;  in the process of signing and executing the agreement; in the process of the conduct of arbitration; in the court of the trial before the high court relating to a subsequent case that was filed and all  other personalities of interest( local and international) are indeed being investigated to get to the bottom of what indeed transpired for the purpose of establishing the existence  or otherwise of fraud, conspiracies within the parties or among the parties.”

    Malami said the President Muhammad Buhari administration will not sell out the interest of the nation to satisfy some selfish Nigerians.

    He added: “However, I want to say that while I don’t wish to say so much on the P&ID matter, I want to state clearly that the Nigerian Government will not sell out the interest of the country and the Nigerian people in order to satisfy some elements who are consciously out to extort the Nigerian people for their selfish aggrandizement.

    Read Also: Malami: what Buhari told me about justice ministry

    “It is to be noted that while we are willing and ready to negotiate and meet the terms of agreements reached with all genuine investors which have done business or are still doing business with Nigeria on mutually beneficial terms, we will not allow fraudulent local and foreign collaborators to rip off the resources of Nigeria for no just cause in order to be seen as being nice or ‘investor-friendly’.

    “Those who are clapping for P&ID and blaming Abubakar Malami and the Buhari administration for the huge  $9.6 billion slammed on the country as a result of the so-called Gas Supply and Processing Contract awarded the firm on January 11, 2010, five years before President Buhari came to power and I became minister, should be kind enough to ask those who awarded the ‘so-called contract’ what it was all about and why there was no attempt by either those who awarded the contract and the contractor to implement even an aspect of it.

    “Nigerians should also ask the PDP government that awarded the contract why it was given to a company, whose address is C/O of a lawyer’s office: Trident Chambers, P.O Box 146, Tortola, British Virgin Island and that means the company does not have an office of its own and has no record of executing any project of any kind close to what it was awarded in Nigeria.”

    Malami raised six posers which Nigerians should ask the PDP government which awarded the contract.”

    • In whose interest was the critical contract awarded and what was it to achieve?
    • Why was the centre of arbitration taken to London, and not Nigeria, a sovereign nation?
    • Why was the contract not passed unto the Federal Ministry of Justice for vetting?
    • Why was the Federal Executive Council’s approval not sought for in the execution of the agreement?
    • Was there any Direct Capital Inflow arising from the contract?
    • Was NNPC, NPDC and IOC’s who were to have supplied the gas component of the agreement not made parties to it?

    “So, it is clear from all indications that the so-called contract was a well-organized scam consciously, deliberately and intentionally orchestrated by some dubious and well-placed Nigerian government officials at the time with some shrewd foreign collaborators to defraud Nigeria and inflict heavy economic and financial loss on Nigeria and its people.

    “There is a comprehensive report by Bloomberg BusinessWeek on the whole scam and those who want to know more about the so-called contract can read up on: Is One of the World’s Biggest Lawsuits Built on a Sham?”

    He insisted that Nigeria has a case if it could prove the fraud surrounding the award of the gas contract to Process and Industrial Developments (P&ID).

    He said: “The truth of the matter was that as at the time we came on board as a government, there was already in existence of an award and a quantum determination of about $6.9billion. As at the time we came in place, the time with which could have appealed had already elapsed. There was no time for us to appeal because the previous administration had not appealed against the award when it was made in June 2014.

    “So, with the lapsing of the time to appeal, you could not have filed an application to either set aside the award or to stay execution as of right. You require the leave of the tribunal to appeal the award. And that leave could have been very difficult process because Nigeria as at then could have been adjudged to have slept over its right to appeal which you could do within a regulated time.

    “So, the only immediate option open then was to consider the possibility of negotiating. And that was what informed our decision to accommodate the possibility of negotiation.

    “But along the line, many facts came to light inclusive of the fact that gave rise to the possibility of insinuations of fraudulent underhand among the parties involved. And for your information, legally speaking, fraud could be a ground for setting aside an award without necessarily having to go through the route of seeking for leave.  So, if you can establish fraud, there is no time limit within which you can raise it

    “So, when fraudulent insinuations manifested arising in the course of engagement, it is only logical that Nigeria should have a consideration for investigation as relating to fraudulent elements which could afford the country an opportunity to have the entire award set aside if fraud can now be established.

    “An issue was raised about lack of diligent prosecution. I have stated earlier that the lawyers that were on board as at the time this award came in place were engaged by the previous government as at the time the award was made in June 2014. And when we came on board, we had cause to intensify the existing legal consortium and we brought in additional lawyers to strengthen the team.

    “Even if indeed and in fact any case at any point was struck out, the implication is that it was struck out at a time when the lawyers engaged by the previous administration were handling the matter because as at the time we came on board, all opportunities for appeal, setting aside, stay of execution were closed taking into consideration that the time in which to appeal had indeed elapsed.”

  • Ex-chief justice quizzed over $9.6b contract verdict

    DETECTIVES of the Economic and Financial Crimes Commission (EFCC) on Tuesday grilled a former Chief Justice of Nigeria, Justice Alfa Belgore, in connection with the $9.6 billion judgment debt against the Federal Government.

    The Process and Industrial Developments (P&ID) is the beneficiary of the judgment.

    Also quizzed are the Deputy Manager, Mechanical/Facilities of the National Petroleum Investment Management Services (NAPIMS), Mr. Gbolahan Okesanya and 10 others.

    Investigation by The Nation showed that Belgore was invited for his alleged roles before the Arbitration Panel.

    The ex-CJN was alleged to have testified against the Federal Government in London on the controversial contract.

    It was not clear last night if the ex-CJN was detained.

    He did not respond to text messages sent to him last night.

    EFCC’s detectives have debriefed three senior lawyers, who are part of the country’s defence in the controversial deal.

    A source, who spoke in confidence, said “the former CJN was invited for a friendly chat.”

    The source added: “In some of the proceedings of the arbitration panel, Justice Alfa Belgore was alleged to have made a representation to the Arbitration Panel. Based on his submission, the investigative panel decided to interact with him.

    “We are working on clues that his alleged submission was against the Federal Government. We want to establish the veracity of this.”

    The source added: “The EFCC has interrogated more than 10 others connected with the Gas Supply and Processing Agreement (GSPA) with P&ID, including the Deputy Manager, Mechanical/ Facilities of the National Petroleum Investment Management Services (NAPIMS), Mr. Gbolahan Okesanya.

    “I can conveniently tell you that we have gone far in probing the circumstances which led to the award of the contract.”

    Read Also: ‘N650m fraud’: PDP chieftain is flight risk, EFCC tells court

    It was also learnt that the delay in constituting President Muhammadu Buhari’s first term cabinet appeared to have made it difficult to arrest the $6.9billion judgment in 2016.

    Also, non-presentation of proper documentation to the High Court of Justice, Queen’s Bench Division (Commercial Court) accounted for the legal mess the nation is facing.

    The trial judge, Justice Phillips, who dismissed an application by the Ministry of Petroleum Resources on February 10, 2016, gave these reasons in his order.

    The ministry of Petroleum Resources had approached the court to challenge the Part Final Award.

    He said Nigeria did not present compelling reasons to halt the award over four times the statutory limit.

    The P&ID has given conditions for an amicable settlement of the case.

    It said although during the arbitration, Nigeria claimed to be interested in reaching an amicable settlement with P&ID, it never made a serious offer.

    It said apart from the judgment debt, Nigeria lost the opportunity to add 2,000 megawatts of power to its generation capacity through the Gas Supply and Processing Agreement (GSPA).

    According to a document, exclusively obtained by The Nation, Nigeria is in a dilemma because of alleged tardiness in handling the matter.

    The court document revealed that  the Ministry of Petroleum Resources  filed  an application under Part 62.9 of the Civil Procedure Rules to extend the 28-day time period in which to apply to challenge the Part Final Award by the Arbitration Tribunal of 17 July 2015.

    Those on the arbitration panel were Lord Leonard Hoffman, Chief Bayo Ojo and Sir Anthony Evans.

    The proceedings at the High Court of Justice, Queen’s Bench Division confirmed that Nigeria took things for granted by wasting time.

    In his order, Justice Phillips said Nigeria’s move to arrest the award outside the statutory time limit was unacceptable.

    The order reads in part: “The application under S. 68 of the Arbitration Act is made more than four months after the expiry of the 28-day time limit. Compelling reasons would have to be shown to justify an extension of over four times the statutory time limit.

    “In this case, the delay is said to have been caused by the fact that the new President of the Federation of Nigeria, sworn in on 29 May 2015 did not appoint an Attorney-General until 11 November 2015 with the result that London solicitors were instructed in relation to the application until 13 November 2015.

    “Even if the absence of an Attorney-General was an insuperable obstacle to instructing London solicitors (which is far from clear view of the evidence filed by the defendant), the claimant could and should have prepared all documentation in readiness so as to proceed with expedition once London solicitors were instructed, not least in view of the fact that the claimant continued to participate in the arbitration proceedings throughout the period with the benefit of external counsel.

    “In the event documentation was not provided to London solicitors until 25 November and the application under S.68 was not issued until 40 days after London solicitors were first instructed, a period in excess of the statutory time limit.

    “No good explanation is given for that further excessive period of delay. In those circumstances, it is not appropriate to extend time.

    “In refusing to extend time, I further take into account that the grounds of appeal have no merit.

    “As to ground A, it is incorrect to say that the Tribunal found that the claimant was not in breach of Article 6(a): the finding was that the claimant had put itself in a position where it was impossible for it to comply with Article 6(a) by virtue of its own breach of Article 6(b). There was no internal inconsistency in the Tribunal’s reasons.

    “As to ground (B), the Tribunal clearly addressed the actual authority of claimant to enter and perform the GSPA, holding that that was the prima facie position and rejecting the claimant’s arguments to displace that starting point. There was no ambiguity or confusion in its findings between the concepts of capacity and authority.

    “As to ground (C), there was a clear and sufficient finding that the breach of Article 6(b), rending it impossible to perform Article 6(a), was a repudiatory breach. The contention that separate consideration should have been given to a breach of Article 6(b) alone is misconceived.”

    The Irish firm gave synopsis of how the contract was conceived and how things went wrong.

    In a statement, the P&ID said it is left for Buhari administration to come to terms with the award and decide whether to continue with delaying tactics to postpone the inevitable.

    It also asked the Federal Government to “atone for its previous mistakes and reach a settlement that will allow the country to move forward.”

    The company’s position was made known by Brendan Cahill, who is a co-founder of P&ID.

    The statement said in part: “Process and Industrial Developments Limited (P&ID) is an engineering and project management company founded and led by Michael Quinn and Brendan Cahill who had over 30 years’ experience of project management and execution in Nigeria.

    “P&ID conceived and planned a project that would deliver much-needed power generation to millions of Nigerians, and create profitable by-products for sale on the international market.  Under an agreement with Nigeria, P&ID would build a state-of-the-art gas processing plant to refine natural gas (“wet gas”) into “lean gas” that Nigeria would receive free of charge to power its national electric grid. ”

    “The Buhari administration continues to incur costs in fighting this battle in the UK and US courts, and due to its failure to comply with court procedures, has been forced to pay some costs of P&ID’s counsel.

    “The re-elected Buhari administration must come to terms with the award and decide whether to continue with delaying tactics to postpone the inevitable, or if the new government has the courage to atone for its previous mistakes and reach a settlement that will allow the country to move forward.”