Nation
Nigeria Faces $500m Penalty For Alleged Default On Mambilla Power Deal
The Federal Government could end up paying $500million to an electricity transmission company for allegedly defaulting on a $200million settlement agreement it entered into with the firm.
The Sunrise Power and Transmission Company Limited (SPTCL) is seeking to be paid $500million after government allegedly failed to pay the $200million compensation it offered following the termination of the contract to construct Mambilla hydropower project located in Taraba State.
The settlement was meant to make Sunrise relinquish all claims to the $5.8billion project, which has been grounded for 14 years, and was originally to generate 3,050 megawatts but later reviewed, to 1,525 megawatts.
Government has since re-awarded the same contract to a Chinese firm with Sunrise claiming that the development did not follow due process.
It subsequently approached the International Court of Arbitration in Paris, France for redress, reminiscent of the legal battle between the Federal Government and the Irish firm, Process and Industrial Development (P&ID).
In documents now in the public space, the Federal Government, represented by Power Minister, Sale Mamman, and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had committed the government to pay the $200million penalty in addition to the original terms of settlement, while Chairman of Sunrise, Leno Adesanya, and Legal Counsel, Jeremie Chouraqui, signed for the company.
Both sides, under the settlement agreement of January 21, 2020, had mutually “resolved that the FGN shall pay Sunrise the net sum of $200million in irrevocable and immediately available funds to Sunrise’s designated bank accounts which shall be stated in the invoice to be submitted by Sunrise within the stipulated time frame.”
The agreement stipulated that the sum of $200million “shall be paid in one or two tranches within 150 calendar days (five months) from the date of execution of this addendum, as follows: first $100million within 30 calendar days of execution of the agreement. The remaining balance of $100million shall be paid within 90 calendar days (three months) of the first payment. The second tranche of the payment under item c (ii) shall have a grace period of 30 calendar days (one month).”
The parties also agreed that in the event of the Federal Government failing to meet its payment obligations contained in the terms of payment, Sunrise would be entitled to a financial default sanction in the sum of $200million, in addition to the unpaid principal sum of $200million.
“This is in addition to the interest on any unpaid sum (including of any financial default sanctions) at a compound daily interest rate of 10 per cent, per annum, until the full payment is received by Sunrise in irrevocable and immediately available funds, in its designated bank accounts.
“Such full receipt by Sunrise shall discharge the FGN from any further extraneous liability to Sunrise in respect of the settlement agreement and this addendum and Sunrise shall then have no further recourse to the Mambilla project.”
Having missed out on all payment deadlines, including the first payment of $100million, which should have been done over a year ago, the arbitration in Paris may decide the direction the matter will sway.
With the reinstatement of the penalties and the $400million already accruable, the indebtedness may have hit $600million, and would rise to $700million if the 10 per cent per annum interest rate agreed to by parties in the settlement agreement is calculated.
Further communication between Malami and the Chief of Staff to the President, Prof. Ibrahim Gambari, indicated that Malami updated the CoS on the issue to guide the government’s decision on the matter.
Also, Mamman, in a memo dated August 19, 2020, and addressed to Gambari, said, “The Ministry of Power is in total support of the position provided by the AGF who has been the lead in finding an amicable out-of-court settlement to the dispute.
“The ultimate aim of the ministry is to see that Mambilla project implementation can proceed unencumbered, therefore, whichever settlement option that can lead to a peaceful resolution for the project to commence will be acceptable by the ministry.”
Nation
Gombe Opens Bid For Construction Of Three-Arm Zone Project
Gombe State Ministry of Works, Housing and Transportation has opened bids for the construction of three arms zone complexes within the Gombe Capital Special Development Zone which held at the Ministry’s conference hall.
Speaking while presiding over the bid opening proceedings, the Commissioner, Engr. . Usman Maijama’a Kallamu assured the bidders that the bid opening would be carried out using procurement process which is based on specific regulations that are credible, fair, and transparent.
The Commissioner, who was represented by the Permanent Secretary of the Ministry, Alh. Idris Yambiu Buba said that the Ministry will continue to align itself for optimal results in the implementation of government policies and projects in line with Governor Muhammadu Inuwa Yahaya’s commitment to bringing development to the State.
While assuring the bidders of a transparent process, the SSA to the Governor on Special Project, Arch. Yakubu Mamman thanked Governor Muhammadu Inuwa Yahaya for his foresight in infrastructural development of the State, adding that government is committed to ensuring that all bidders had an equal chance to participate and compete based on merit to maintain standards and specifications.
Nation
Gov Mbah Signs Bill To Establish Teaching Hospital In Enugu
Governor of Enugu State, Dr Peter Mbah, yesterday, signed the Enugu State University of Medical and Applied Sciences (SUMAS) Teaching Hospital Bill 2024 into Law, promising to expedite action to actualise the teaching hospital immediately to provide quality training and healthcare services in the Enugu North part of the State and the State in general.
Mbah, while commending the Enugu State House of Assembly for accelerating action on the processing and passage of the Executive Bill, said that establishing SUMAS Teaching Hospital was in line with his manifesto.
He said, “What we have done by signing into law the Enugu State University of Medical and Applied Sciences Teaching Hospital Bill is that we now have in place a legal framework to immediately begin to put in place all that is required to upgrade SUMAS to a teaching hospital. This is part of our campaign promises and we are committed to delivering on that expeditiously.
“We believe that the importance and significance of siting a teaching hospital in our Enugu North zone can never be lost on us. So, we are not going to spend any time in making sure that everything that is necessary and required to upgrade and get the teaching hospital operational is put in place. With this Law, we are going to redouble our commitment and our efforts to achieve that.”
He assured the Governing Council and the Management of SUMAS of his continued support, adding that his administration would equally be counting on their pedigree and contacts to bring the teaching hospital to fruition in record time.
“We are going to continue to support you and we are also going to continue to count on your experience, network, and profile in raising resources to actualize the project.
“This year alone, we are going to spend 33 per cent of our budget on education. This underscores the importance of education to this administration. So, be sure to come to us whenever there is a need. We are going to support you because we are interested in education and we are investing heavily in it,” he said.
On his part, the Speaker, Enugu State House of Assembly, Hon. Uchenna Ugwu, who also spoke at the Bill signing witnessed by the Chairman of SUMAS Governing Council, Msgr. Obiora Ike, and the Vice Chancellor, Prof. James Ogbonna, and top hierarchies of the institution, commended Governor Mbah’s speed and faithfulness in delivering on his campaign promises. He assured that the House of Assembly was ever ready to fast-track every executive bill that would impact positively on the state and its people.
“We promised we are going to support this administration by doing our job expeditiously to ensure that there is no delay in your delivery of democracy dividends to our people. Therefore, the SUMAS Teaching Hospital Bill received expedited hearing and today you have the signing of the bill into law,” he stated.
Nation
Ododo Applauds Security Agencies Over Rescue Of 43 Bus Passengers
Kogi State Governor, Ahmed Usman Ododo has applauded security agencies in the State for their efforts in the rescue of 43 bus passengers.
The Special Adviser on Media to the Governor, Ismaila Isah disclosed this in a statement yesterday.
The statement noted that the governor welcomed the news of the release of the abducted bus passengers in Okehi Local Government Area of the State and called for sustained collaboration between security agencies and local communities to improve intelligence gathering and prevent crime and criminality in all parts of the state.
Ododo commended the caretaker chairman of Okehi LGA, Mr Amoka Eneji, the Nigeria Police, Nigeria Professional Hunters, Ebira Local Hunters Group and other security agencies for their intervention, which led to the rescue of the passengers who were abducted outside the state.
“Governor Ododo also commends the response of security agencies to the robbery incidence in Felele area of Lokoja and called for more urgency in addressing cases of insecurity in any part of the state.
“The Governor reassured the people of the state that his administration will not relent in its efforts in deploying maximum resources to ensure that all communities in the state remain unsafe for criminal elements.”
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