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Shell may cough out $3.6bn to Nigerian government

A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government

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A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government.

The fine had been imposed on Shell for the Bonga oil spill.

Trial judge, Justice Mojisola Olatoregun, resolved all the issues in the defendant’s favour and dismissed the suit.
Shell sued the National Oil Spill Detection and Response Agency, NOSDRA, challenging its powers to impose levies or fines over oil spills.

The plaintiff prayed the court to declare that NOSDRA cannot, in the light of Section 1, 3, 4, 5 and 6 of the 1999 Constitution, validly exercise any powers under Section 5, 6, 7 and 19 of the NOSDRA Act.

Shell, through its lawyer Chief Wole Olanipekun, SAN, argued that the sections’ provisions encroach on judicial powers vested exclusively in the courts.

The oil giant argued that it was the Federal High Court that is vested with the jurisdiction to determine liability and to assess, impose and direct the payment of any sum as penalty, damages or compensation in connection with an incidence of oil spillage, particularly the Bonga Oil Spill of December 20, 2011.

Shell urged the court to declare that the decision leading to the imposition of $3,600,191,206.00 on by NOSDRA was in breach of its right as enshrined in Section 36, 43 and 44 of the 1999 Constitution.

It also urged the court to nullify NOSDRA’s powers to impose such levies over oil spills.

But NOSDRA, through its counsel, Mr D. A. Awosika, argued that the cause of action arose on March 25, 2015 when it served Shell with notice of sanction over the Bonga Oil Spill.

Awosika contended that Shell was enjoined to exercise its right of litigation if it felt aggrieved by the letters within three months from March 25, 2015 and not beyond.

In her May 24 judgment, a copy of which was obtained

Wednesday, Justice Olatoregun held that NOSDRA acted in line with its powers and did not violate Shell’s rights in any manner.

“I found no conflict with the duties conferred on NOSDRA by law and the power of the court to adjudicate in this matter. I find no violation of the 1999 Constitution within these sections,” the judge held.
Justice Olatoregun further held that NOSDRA’s demand letters to Shell were not in conflict with Section 44 of the 1999 Constitution.

The judge said: “The plaintiff had notice and opportunity to fair hearing. The plaintiff ought to have had recourse to the court for the determination of its civil rights and a proper adjudication on the issues if it felt its rights were infringed or about to be infringed.

“I do not find the two letters ultra vires the duties and functions of the defendant.”

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Kenya: President Ruto assured of fresh IMF disbursement

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This would help the economy, which is getting better after avoiding a debt problem earlier this year.

Since the government released a $1.5 billion Eurobond in February, Kenya’s shilling has recovered from record lows. This was done to calm the market’s fears of a possible default on a $2 billion bond that matures in June.

The problems with the currency, high inflation, and new taxes meant to close budget gaps have all made living costs go up, which has led to anger and some protests.

Kenya has been able to get through a liquidity problem thanks to strong loans from the IMF and the World Bank. The East African country got an extra $941 million in loans from the IMF in January. This brought its total deal with the fund to $4.43 billion, with about $2.5 billion still due.

A source quoted by Reuters claimed the IMF officials would be in Kenya on May 9 for a review that would allow a $1 billion tranche to be released.

“That process is going on very well,” he said in the interview on Monday, adding that talks between the Kenyan minister of finance and the IMF in Washington during the World Bank/IMF spring meeting earlier this month were “extensive, very successful”. The IMF has not commented on the ongoing review.

Still, Ruto kept his promise to cut spending by 12% in the next fiscal year, from 4.2 trillion shillings to 3.7 trillion shillings.

It is expected that the budget deficit will go down from 4.9% of gross domestic product (GDP) this fiscal year to 3.9% of GDP in the 2024/25 fiscal year (17 July–June).

Earlier on Monday, Ruto and other African heads of state asked rich countries to lend record amounts to a low-interest World Bank facility for developing nations. They said that these countries were facing climate and debt problems that were getting worse.

“We want a fair international financial architecture,” Ruto said.

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In 30 years, half of Nigerian biscuit companies went out of business— Manufacturers

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The Manufacturers Association of Nigeria has claimed that in the last 30 years, half of the companies in the biscuit and bakery products business went out of business.

During the group’s recent annual general meeting in Lagos, Fola Osibo, head of the sub-sector, told everyone what was going on.

According to Osibo, Nigerian biscuit makers have had some tough times over the years, and some of these times have made it uncertain whether or not they would be able to stay in business.

He said that the problems included rules that made things hard to do, unpredictable prices and supplies of raw materials, and unfair competition from mostly cheap biscuits from other countries.

Osibo said, “Looking back about 30 to 40 years, biscuit manufacturing operations were thriving in this country, policies were supportive of local manufacturing, raw materials were readily available, and our association had up to 40 members scattered all over the country.

“Then suddenly, the economic situation started going southwards, and our sub-sector started facing economic disruptions, and unfavourable policies which impacted negatively on our operations. Most companies could not cope as margins were completely eroded caused by rising costs of operations, and they started closing shops.

“Unfortunately, our sector has been neglected over the years, and the various government policies have impacted negatively on our operations. Growth of local biscuit production has therefore been stunted and the number of those still in operation has shrunk to only about 15 to 20 companies.”

He asked the Federal Government to save the sector and keep it from falling apart totally by putting in place policies that are responsive and help local production.

The group asked the government to get rid of the Value Added Tax (like it was from 1999 to 2007), lower the net import duty on biscuit flour to 20%, and lower the import duty on some important raw materials like liquid glucose, hydrogenated fat, and flavourings.

Akinwande Owen, Plant Director of Cadbury Nigeria Plc, talked about the problems that the manufacturing industry faces in his presentation. He said that the main problems are changing foreign exchange rates, low consumer purchasing power, talent development and migration/relocation, multiple taxes, and government policies.

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