The Federal Government said last night it would pursue all options available to it in its bid to set aside a monumental cash award to a shadowy Irish/Nigerian firm, Process and Industrial Development Limited, which had won the compensation on the orders of a United Kingdom Commercial and Arbitration court over a botched gas supply and processing agreement.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, stated this Sunday as the country’s legal team led by him, departed Abuja for London for consultation with their foreign counterparts over the appeal being lodged by Nigeria, which is to be heard on this Thursday.
Malami in a statement by his Special Adviser on Media, Dr. Umar Gwandu, said the federal government’s team was determined to take appropriate steps to get the award set aside arising from the last week’s trial and conviction of the company’s directors and the firm in Nigeria over fraud, corruption and money laundering.
A Federal High Court presided over by Justice Inyang Ekwo, also ordered the forfeiture of the assets of P&ID to Nigeria based on the fact that the company had pleaded guilty to the charges filed against it by the federal government.
According to Malami, the Nigerian legal team is set to explore all legal avenues to get the award off the shoulders of Nigeria since it is convinced that P&ID defaulted in its contract by not even building the gas plants through which the Ministry of Petroleum was to supply gas to it.
Malami said: “All cards are on the table, including the possibility of filing a new case and or using existing proceedings to seek relief of setting aside the award (of the contract) cannot be ruled out.”
On last Thursday’s ruling by Federal High Court, Abuja, against P&ID, the Justice Minister had declared: “Nigeria is expected to review its strategy in view of the unfolding development as it relates to the conviction of some of the suspects that have admitted to fraud and corruption that gave rise to the award.
“The implication of today’s conviction of the suspects by the FHC in Nigeria is that Nigeria has a judicial proof of fraud and corruption as a foundation of the relationship that gave rise to a purported liability and arbitral award.
“From the available evidence, Nigeria now has a cogent ground to ask for the setting aside of the entire liability.
“This is because in law, a liability that is rooted in fraud and corruption cannot stand judicial enforceability,” Malami said.
Under the botched contract entered into between the company and Nigeria, the Ministry of Petroleum was to supply within two years from January 11, 2010 when the contract was signed to 2012 a total of 400 million standard cubic feet of wet gas for the company to process into lean gas and return 85 percent to Nigeria.
However, there is no indication that the company, which has two Nigerian directors on its board, ever built any structure anywhere in the country in readiness for the gas supply, which the petroleum ministry also did not supply.
On Friday, the Director of Legal Services in the Ministry of Petroleum at the time, who signed the questionable contract on behalf of Nigeria, Grace Taiga, was arraigned before the FCT High Court, which remanded her in Suleja Prison pending application for bail, which is to be heard on Wednesday this week.
