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Ajaokuta Steel: How FG settled $5.3bn Contract dispute with foreign firm – Malami

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The Federal Government of Nigeria has settled the long-standing contractual dispute with a foreign investor group in the steel space of $5.258 billion for $496m, Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has said.

This was made known by Dr. Umar Jibrilu Gwandu, Special Assistant on Media and Public Relations Office of the Attorney General of the federation and Minister of Justice, in a statement made available to newsmen on Sunday.

The mediation proceedings, according to the statement, was under the International Chamber of Commerce’s (ICC) Alternative Dispute Resolution (ADR) framework led by Mr Phillip Howell-Richardson. The settlement agreement came into effect on 19 August 2022.

Nigeria succeeded in reducing the claim in mediation brought by the international firm of King and Spalding, legal representatives of the Global group, by 91%. A claim for over $10 billion was threatened in arbitration before the International Chamber of Commerce, International Court of Arbitration, Paris, in respect of five major contracts of 2004-2007 – covering steel, iron ore, and rail.

It might be recalled that the seeds of the disputes can be traced to five contracts entered into by the 1999 -2007 administration that gave complete dominance over the Nigerian steel space to one company group, the Global Steel group.

However, in 2008 a new administration proceeded to terminate these contracts contrary to legal advice supplied by the Federal Ministry of Justice, which cited the termination cost in the form of damages.

The statement noted that had the government of that day not terminated the Ajaokuta Share Purchase Agreement on 1 April 2008 and waited for just 55 days to terminate, it would have terminated lawfully and the Government would have collected more than 26 million USD from Global Steel.

This was because the firm appeared unable to pay the first tranche for the Ajaokuta shares before the first anniversary of the agreement (25 May 2008). This failure would have given Nigeria a right to over $26m as liquidated damages under cl.12 of the Ajaokuta Share Purchase Agreement.

Global steel, in consequence, took the FGN to the International Chamber of Commerce, International Court of Arbitration, Paris, commencing arbitration in 2008. Although the Federal Government negotiated a settlement in May 2013, the previous administration failed to implement its settlement agreement.

In May 2020, Global threatened a resumption of the arbitration and announced an anticipated claim in damages of over $10-14 billion against the Nigerian State in respect of the affected 5 contracts.

The administration of President Muhammadu Buhari, however, took decisive steps to resist this claim, rather than pass it on to a future administration with ballooning interest.

With this development, Malami said President Muhammadu Buhari has now rescued the steel industry from interminable and complex disputes as well as saving the taxpayer from humongous damages.

The Minister also stated that one of the lessons to be learnt included that the future arrangements – sale or concessions – must be carried out in the national interest and in compliance with the law.

The Office of the Attorney General of the Federation and Minister of Justice grappled with the inherited problem by adopting a blueprint of seven principles for the cost-effective resolution of contractual disputes wherever they occur. They are the use of institutional mediation, choice of FGN counsel, the use of financial advisers with reputational capital, the importance of not discouraging foreign investment, fiscal responsibility, transparency, and the recognition that joined-up government produces superior outcomes.

The FGN engaged PwCNigeria to do a comprehensive review to ensure taxpayers are protected. Also, Dr Tunde Ogowewo, a barrister (and senior academic at King’s College London), represented the FGN and advised the government throughout the process. The Attorney-General of the Federation and Minister of Justice, Abubakar Malami stated of Dr Ogowewo’s report:
“FGN Counsel’s Report on Case Reference 15539/VRO/AGF/ZF/TO/AZR/SPN)_ – of over 1,000 pages provided a guide on how to avoid such contractual disputes and, where they occur, how to reach cost-effective savings for the benefit of the Nigerian taxpayer.”

Malami, therefore, reiterated the commitment of President Muhammadu Buhari-led Federal Government of standing firm to continue to make assiduous efforts in protecting the public interest and ensuring that Nigeria is not denuded of its resources through whatever means.

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Fuel queues hit Abuja, other cities after Tinubu suspended subsidy

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File: Motorists on long Fuel queues at NNPC Petrol station at CBD Abuja

Subsidy can no longer justify its ever-increasing costs in the wake of drying resources, says Tinubu

Fuel queues returned to Nigerian cities Monday as many motorists scrambled to get petroleum products hours after President Bola Tinubu announced that the government will put an end to the fuel subsidy regime.

Tinubu on Monday in his inaugural address at Eagle Square, Abuja, declared that there would no longer be a petroleum subsidy regime as it was not sustainable.

He said the current 2023 budget only has provision for the fuel subsidy till June, adding that the funds meant for subsidies will be diverted to creation of public infrastructure, education, health care and jobs.

“We commend the decision of the outgoing administration in phasing out the petrol subsidy regime which has increasingly favoured the rich more than the poor. Subsidy can no longer justify its ever-increasing costs in the wake of drying resources.

“We shall, instead, re-channel the funds into better investment in public infrastructure, education, health care and jobs that will materially improve the lives of millions,” Mr Tinubu said.

But hours after the declaration, fuel queues resurfaced in major cities across the country amid uncertainty over the effect of the new policy.

Queues

A PREMIUM TIMES correspondent who visited petrol stations around Abuja metropolis Monday evening found that queues have yet again resurfaced in the city.

Across the nation’s capital city, some filling stations were under lock and key while some were besieged by motorcyclists, tricycle owners, as well as private and commercial drivers.

Many filling stations in the Lugbe area of Abuja sold petrol at prices ranging between N194 and N198. Outside Abuja, residents said fuel stations sold petrol for N230.

On Monday evening, a long queue of motorists was observed at the NNPC filling station along Airport Road, Lugbe.

Shafa, Fynefield and NNPC fuel stations at Apo sold petrol to motorists at prices ranging between N194 and N198, while Mobil, MRS and Ashafa along Lugbe Airport Road were also open to customers.

Some other filling stations were, however, shut against motorists and tricycle riders.

A car owner, Nwekefero Munachi, at the NNPC filling station along Airport Road, Lugbe, said: “As I was driving down from town, I saw a queue at the filling station but I don’t know what the cause may be. So as I approached Lugbe, I noticed another queue. I can’t place my hand on what the queue is all about. But all I know is that there are queues in filling stations.”

The same trend was witnessed in Lagos, Ogun, and Ado-Ekiti, the capital of Ekiti State Lagos, Ogun

In Lagos, Nigeria’s commercial nerve centre, fuel queues surfaced around the Ojodu and Berger axis Monday evening as motorists scrambled to get fuel ahead of resumption of work Tuesday

A commercial motorcyclist, Ibrahim Adeleke, said he noticed the queues about two days ago but things got worse Monday after Mr Tinubu said the subsidy regime has ended.

“People don’t know what will happen and petrol station owners too are not certain of what the new government will do,” he said.

In Akute area of Ogun State, some of the popular fuel stations were shut Monday evening.

Ekiti

In Ekiti, there were long queues at some of the major fuel stations visited. The filling stations were seen dispensing petrol at N230 while many remained shut.

At the Furasat filling station Okebareke, in Ido Ekiti, Tunde Ajayi, a motorist at the station, attributed the fuel queue to subsidy removal.

“This is surprising, people have started panic buying just with the announcement of subsidy removal.

“We used to buy it for N230 per litre before and now it is still the same price but people already believe that with the president’s announcement fuel price might go up,” Mr Ajayi said.

“I’m here to buy and store so I can manage it before the filling station starts increasing their litre price,” he added.

Kenneth Onyebuchi, a civil servant said: “I’m not sure this is because of the subsidy removal announcement, I think this is because of the long holiday. You know tomorrow is work so I just think people are just coming out to fill their cars.

“If it’s because of what the president said we will know within the week,” he said.

A car owner, John-wisdom Nwali, said “As I was driving towards my house, I observed a queue in the filling stations and I decided to stop and refill my tank. Another round of fuel scarcity should not be encouraged in this regime because we have suffered a lot in Buhari’s tenure because of scarcity.

“I heard that this recent queue is caused by the government announcement of removing fuel subsidies but I don’t know how true it is,” he said.

Fuel subsidy

The Nigerian government has, for decades, subsidised fuel and fixed retail prices of petroleum products. The payment has, however, threatened the nation’s fiscal position and impacted the government’s ability to fund developmental projects across the nation.

In November 2021, the federal government announced its plan to remove the fuel subsidy and replace it with a monthly N5,000 transport grant for poor Nigerians.

But the government later suspended the plan after the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) threatened to embark on mass protests.

The Minister of Finance, Zainab Ahmed, in January last year said the government had realised the timing of its planned removal of petrol subsidy is “problematic”, and will worsen the suffering of Nigerians.

She said the government will retain fuel subsidy indefinitely and will work on amending the 2022 budget to provide funds for that purpose. The government added that it would spend N3 trillion on subsidies in 2022.

In the first quarter of 2023, Mrs Ahmed said that it will be more appropriate for the government to begin the implementation of its fuel subsidy policy in the second quarter of the year. She noted that the country needs to exit the fuel subsidy regime because it is a very significant contributory factor to revenue loss.

As concerns were raised over the sustainability of the subsidy regime, the Nigerian National Petroleum Company Limited (NNPCL) also announced that the country was spending over N 400 billion monthly on petroleum subsidies.

The government subsequently said that it will phase out the subsidy regime by the end of the first half of the year.

But in April, the National Economic Council (NEC) suspended the planned removal of subsidy on petroleum products by the end of President Muhammadu Buhari’s administration.

Mrs Ahmed said that the council deliberated on the matter and resolved that the subsidy cannot be removed for now.

On Monday, Mr Tinubu announced that the subsidy regime has ended because it’s not sustainable. (PREMIUM TIMES)

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How Dokpesi died – DAAR management

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Late Chief Raymond Dokpesi

The Management of DAAR Communications Limited on Monday cleared the air surrounding death of its founder, Raymond Dokpesi.

The media mogul breathed his last on Monday in Abuja.

While confirming his death in a statement, the DAAR Communications Group Managing Director, Tony Akiotu, said the late businessman had been ill prior before his death.

He, however, explained that he was on his journey to full recovery before he fell and died during routine exercise on Monday.

“He had been ill in the last few weeks but was on his way to full recovery.

“He had a fall off his threadmill during routine gym exercise.

“Further announcements as regards to burial arrangements will be made by the family,” the statement read.

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Dopkesi: Nigeria has lost a patriot — PDP

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Late Chief Raymond Dokpesi

A statement issued by Debo Ologunagba, National Publicity Secretary, noted that Dokpesi was an exceptionally committed and courageous nationalist, an insightful and loyal party man; a brilliant and resourceful entrepreneur who was steadfast in his selfless contributions towards the unity, stability and development of our great Party and the nation at large.

According to the party, as a patriotic Nigerian, Dokpesi deployed his media empire of Africa Independent Television (AIT) Ray Power FM and Faaji FM to champion the course of national development, promoted greater and affordable access to information across the country, stimulated good governance, enhanced economic growth and development in all critical sectors and opened our nation to international limelight and opportunities.

The statement added: “He was a detribalized Nigerian, who put the interest and wellbeing of our nation above every other consideration and made numerous positive landmarks in our national political, economic and social landscapes.

“Chief Dokpesi’s death is indeed a colossal national loss and a big blow to the PDP family.”

The PDP condoled with the Dokpesi family, the Daar Communication Group, the Government and people of Edo State, the Weppa-Wanno Kingdom, the Edo PDP family and prayed to the Almighty God to grant all the fortitude to bear this devastating loss and to Dokpesi, eternal rest in the Bosom of the Lord.

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