Editorial
That UK Firm’s $9.6 bn Debt Claim
Penultimate Tuesday, three ministers in charge of Justice, Finance and Information, Abubakar Malami, Zainab Ahmed, and Lai Mohammed as well as the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, addressed a joint news conference where they confirmed that a probe panel comprising the Economic and Financial Crimes Commission (EFCC), National Intelligence Agency (NIA), and Inspector General of Police, has been set up to review the entire process leading to the award and failure of a 20-year gas supply deal allegedly sealed with an Irish firm – Process & Industrial Development Limited (P&ID) – which has resulted in a $9.6 billion (about N3.5 trillion) fine imposed on August 16, 2019 by a British Commercial Court presided over by Justice Christopher John Butcher, for allegedly defaulting to respect compensation ruling against the previous government in 2012.
The ministers said that government was seriously concerned about the whole circumstances that “smack of an attempt by some local and international collaborators to rip off Nigeria”, for a project that was never executed. In fact, both minister of finance and CBN governor said that there were no records in their books to show that P&ID, as a foreign investor, brought in any tools, equipment or funds for the purposes of establishing a gas processing plant in Cross River State between January, 2010 when the GSPA was executed and 2012, when the firm petitioned the government at the arbitration tribunals in the United States and United Kingdom seeking compensation for defaulting in keeping its own part of the bargain.
We may recall that a Memorandum of Understanding (MoU) was signed between the government and P&ID on July 22, 2009 while the Gas Supply Processing Agreement (GSPA) was executed by P&ID founder, Michael Quinn, and the then Petroleum Resources Minister, Dr Rilwanu Lukman, on January 11, 2010. But with the twist in the Umaru Yar’Adua administration leading to his death, and the emergence of Dr Goodluck Jonathan as acting president, the new government of necessity opted in June, 2010, to jettison P&ID and run the Adanga gas pipeline deal with Adax Petroleum, thereby triggering the logjam.
The Tide recalls that the firm had through its representatives, Andrew Stafford, Q.C. of Kobre & Kim claimed that it invested $40 million in the deal, but approached the arbitration tribunal in 2012 to seek compensation for government-induced failure of the contract. In the ruling, Justice Butcher granted P&ID’s right to seize 20 per cent assets of Nigeria’s foreign reserves worth £7.4 billion or $9.6 billion, which is 2.5 per cent of Nigeria’s GDP as punishment for failing to respect the decision of the tribunal on the botched deal.
Only last Thursday, the erstwhile justice minister under President Umaru Yar’Adua, Michael Aandoakaa, denied knowledge of such deal, and claimed that Rilwanu Lukman never submitted any memo on the alleged GSPA to the Federal Executive Council (FEC) for approval. The next day, P&ID published a veiled chronology of interactions between it and the Federal Government from May 3, 2015 through August, 2019, but failed to mention who played roles in its failure, why government dumped it for Adax Petroleum and why the government refused to pay the award since 2012.
It is curious that P&ID offered the Goodluck Jonathan administration to walk away with $850 million on May 3, 2015, and sustained that offer till November, 2015, an amount less than 10 per cent of the actual arbitration award of $9.46 billion.
We are disappointed that the government ignored provisions in its Production Sharing Contract (PSC) agreements with Adax Petroleum and ExxonMobil for the unitisation and monetisation of gas resources in Oil Mining Leases 123 and 67, and went ahead to enter into fresh GSPA with P&ID with no relationship with the IOCs, including its associates – Industrial Consultants International Limited (ICIL) and BVI Company.
We are further worried at the way P&ID took advantage of delay in the formation of a cabinet by President Muhammadu Buhari to obtain consequential awards in its favour, especially the Liability Award on July 17, 2015, and the debt recovery enforcement award on August 16, 2019. We are also concerned at the May 27, 2016 Arbitration Tribunal decision to apply the Procedural Order No 12, which moved jurisdiction of arbitration to London, and undercut the Federal High Court powers to set aside the awards. And we are jolted by the tribunal’s refusal to accept Curtis Mallet, Nigeria’s representative’s requests for time to enable the Federal Government sort things out, and attempts to blame the government and particularly Malami for not playing along.
This, indeed, is the single highest financial liability in Nigeria’s history, and poses devastating consequences for the economy and Nigerians today and in the future, which must not be allowed to stand. But come to think of it: how on earth could this have happened, if not for the connivance of some dubious and unpatriotic Nigerians, who are desperately fighting back attempts to end endemic corruption in the system?
We join the Federal Government and all well-meaning Nigerians to reject this attempt by P&ID and its co-conspirators to plunge Nigeria into endless slavery and poverty, by stopping Andrew Stafford from coming through with his threats ‘to satisfy the terms of the award as soon as possible’. We align with the government’s strategy to thoroughly investigate this investment fiasco and bring all those culpable to justice as quickly as possible. We also charge the government to deploy every diplomatic means available to ensure that P&ID and its proxies do not in any way interfere or seize any assets belonging to Nigeria anywhere in the world, as a ploy to enforce this bogus judgment debt.
This scandalous judgment debt points to a sad culture of negligence and lack of due process which manifested at every stage of the contract and arbitration. We, therefore, insist that the probe should begin from the Ministry of Justice and interrogate Chief Bayo Ojo (SAN) while retired and serving officials of the Ministry of Petroleum Resources should explain to Nigerians why they should vet such opaque contract agreement without aligning all grey but complex areas with extant industry laws in the country.
This tragedy effectively amplifies the conventional lackluster attitude of governments in Nigeria towards debt management, either from domestic creditors or offshore sources. Now that the $9.6 billion scandal has been blown open, with more threats emerging from other failed deals, it is imperative for government to file a stay-of-execution appeal, and engage in efforts to defend the country’s hard-earned $9.6 billion foreign reserve. We also expect an immediate audit of such cases pending at international arbitration courts to ensure they are handled with seriousness and settled in such a manner that they do not threaten Nigeria’s foreign reserves. This is our stand!
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
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