Nigeria has gotten a victory to stop the enforcement of the $11 billion arbitration award in favour of Process & Industrial (P&ID) against Nigeria in a case marked CL-2019-000752.
The Business and Property Court in London held on Monday, in a judgement delivered by Justice Robert Knowles, that the process through which P&ID secured a 2010 contract to build a gas processing plant in Calabar, Cross River State, was fraudulent.
“In the circumstances and for the reasons I have sought to describe and explain, Nigeria succeeds in its challenge under Section 68. I have not accepted all of Nigeria’s allegations. However, the awards were obtained by fraud, and the way in which they were procured was contrary to public policy.
“What happened in this case is very serious indeed, and it is important that Section 68 has been available to maintain the rule of law,” Justice Knowles said in his ruling.
Nigeria’s request for a stay on asset seizures while its legal challenge is pending was granted by the judge, but in order to maintain the stay, Nigeria must pay $200 million to the court within 60 days. Within 14 days, it must also reimburse P&ID for certain court expenses.
Nigeria and P&ID have been at odds ever since the latter claimed the former was responsible for a deal gone wrong by not supplying them with gas. When the arbitration panel ordered the country to pay P&ID with interest beginning in March 2013, the nation was left with a $6.6 billion judgement debt in 2017.
P&ID claimed that Nigeria had broken the terms of the agreement by not supplying gas for the power plant it intended to construct in the nation. Under former President Goodluck Jonathan, the Nigerian government came to an out-of-tribunal agreement for the payment of $850 million, and it transferred the payment to President Buhari’s administration.
Buhari objected to the idea of having to pay the agreed-upon amount, revoked the settlement, and filed a challenge with the English Commercial Court to have the award enforced, but the London court increased the total to $9 billion by adding $2.4 billion in interest.