₦airaland Forum

Omooba77:
The attempt by President Muhammadu Buhari to to pin the $9billion British court’s judgement debt on former President, Goodluck Jonathan, has been dismissed by the Process and Industrial Developments Limited (P&ID), the very Irish company, that is in the thick of the entire saga.

P&ID in a clear statement, on Friday, completely absolved the former President of culpability and blamed both Buhari and the Attorney General, Abubakar Malami responsible for the development.

The company, in attempt to set the record straight, P&ID, detailed how the Buhari government, practically slept on the issue and accused Malami particularly of trying to revise history and introduce allegations of contract fraud.

Read the full statement:

Malami’s Revisionist History

It is another day, and with it comes another attempt from the Nigerian Government to create a fictional history of the P&ID case.

This week’s series of desperate conspiracy theories point to something deeper: the Buhari Administration is refusing to admit its own role in the P&ID case from 2015-2019 after it came into office.

Appearing on CNBC Africa, Attorney General Abubakar Malami sought to wipe his hands and the hands of the Buhari Administration clean when he stated, “[t]he government as a unit was delicately involved. And that was the government in 2010, the award was in 2012, and then three years thereafter the current administration under the leadership of Muhammadu Buhari came into place. So the time when this administration came to place in 2015, the award was over three years, there was no appeal, no application for execution, no application to set the award aside.”

Attorney General Malami seems to have a case of amnesia.

Let’s set the record straight:

May 3, 2015: P&ID offers to settle the dispute with the Nigerian Government for $850mm. President Goodluck Jonathan indicates they are handing over the negotiations to the incoming Buhari Administration.

May 29, 2015: Muhammadu Buhari is sworn in as the 15th President of Nigeria, but fails to appoint a cabinet for five months.

July 17, 2015: The Arbitration Tribunal found in favor of P&ID (i.e. – the Liability Award). The new Buhari Administration did not make any attempts at settling or negotiating with P&ID, and did not make any effort to challenge the decision.

November 11, 2015: Attorney General Malami was sworn in November 11, 2015, just under three months after the Liability Award.

May 27, 2016: The Arbitration Tribunal wrote to the Nigeria Government confirming that: “As the parties will be aware from Procedural Order No 12, the Tribunal has decided that the seat of the arbitration is England. It follows that the Federal Court of Nigeria had no jurisdiction to set aside its Award.” Neither Attorney General Malami, nor any representative of the Buhari Administration did anything in response other than continue with the proceedings, thereby tacitly accepting the analysis of the Arbitration Tribunal.

June 24, 2016: Having failed to set aside the Liability Award by falsely claiming the seat of arbitration was in Nigeria; not England, Attorney General Malami wrote personally to the arbitrators to say “my office has taken over the handling of the above arbitration on behalf of the Ministry of Petroleum Resources.” He asked for and obtained an extension of time to file a defence to quantum, and appointed his own legal team in place of the Ministry of Petroleum Resource’s legal team.

August 30-31, 2016: The Quantum Hearing (i.e. – amount of damages payable) takes place in London. Attorney General Malami’s legal team conducted Nigeria’s defence at the quantum hearing. Expert witnesses as to quantum were called to give evidence and were cross-examined.
After the Quantum Hearing, Attorney General Malami instructed his lawyers to request a standstill agreement, which would take effect from the date of the Award.

This fact has never been publicly reported until today.

January 31, 2017: The Arbitral Tribunal issued a final award, ordering Nigeria to pay P&ID $6.5 billion plus $2.3 billion in uncollected interest as of March 2018.

February 17, 2017: The Award on Quantum was delivered to the parties on February 17, 2017. Despite the 60-day standstill having been agreed by P&ID, Attorney General Malami made no attempt to negotiate with P&ID during the 60 days following the handing down of the Quantum Award.

April 28, 2017: After the 60 days had expired, Attorney General Malami instructed his lawyers to write to P&ID’s lawyers and explained that “The delay was occasioned by the bureaucracy of the Federal Government in a bid to determine a reasonable strategy after receipt of the Arbitral award.” The Attorney General’s lawyers added: “we now have the authority of the Vice President of the Federal Republic of Nigeria to meet with the Claimant to negotiate the Terms of the Arbitral award.”

Today: In the lead up to the judgment by the English Commercial Court, Attorney General Malami allowed the time for acknowledging service in both the United States and London to lapse without filing any response. In both jurisdictions, Nigeria’s lawyers Curtis Mallet had to apply for ex post facto extensions of time and make the necessary apologies and explanations to the court.

In London, a senior Curtis Mallet partner explained that the Claim Form was “immediately filed and not passed up the chain of command” at the Ministry of Justice. The partner pleaded that “the delay was neither deliberate nor intended to be disrespectful to the Court.”

In the US, Curtis Mallet explained that the deadline was missed because they were in the process of being formally retained by the Nigerian Government and had been instructed to enquire about the potential for a settlement

The Attorney General’s pronouncements in the Nigerian press are a clear attempt to cover up his own incompetence and that of the Buhari Administration. This is a matter, which could have been settled shortly after he took office in November 2015 for $850 million. Instead, he personally took the decision to gamble on the arbitration and turned an $850 million liability into a $9.6 billion liability.

And at no time since has Attorney General Malami assumed responsibility has he raised any allegation of fraud or scam, either in the arbitration or in the subsequent enforcement proceedings. The reason for this is that there was no fraud. All of this raises serious concerns for foreign investors in Nigeria, whether you are investing in a commercial enterprise or buying Eurobonds. Not only will Nigeria deliberately refuse to pay an international arbitration award backed by an English Court, but they are prepared to launch sham investigations and character assassinations when all else fails.

This is a serious assault on the Rule of Law by a demonstrably dishonest administration.

Meanwhile, P&ID is now focused on vigorously enforcing its legal rights in the UK, including seizing Nigerian assets to satisfy the award. This will begin as soon as possible.

http://thebossnewspapers.com/2019/08/30/buhari-not-jonathan-to-be-blamed-for-9bn-judgement-debt-says-pid/amp/#click=https:///xLzi8x01ob

WAS THIS NOT WHAT RENO OMOKRI WAS SAYING IN ONE OF HIS ARTICLE SOME FEW DAYS AGO.

President Buhari poor sense of crisis management as a President and Minister of Petroleum led Nigeria to this financial mess.

One can recall that it took President Muhammadu Buhari 6 months to pick and swore in his minister.

He selfishly kept the Petroluem Ministry under his custody without any full knowlege of the INSIDE DEALS within the petroleum ministry.

President Buhari inherited the case and it was obligatory for him to close it out in such a way that Nigeria is saved from the effect of the failed contract.

THE ROLL CALL IS AS FOLLOWS:

Ex-President Olusegun Obasanjo is fully responsible for Nigeria 's loosing the Bakassi Peninsula to Cameroun because he accepted to go with Cameroun to the world court in the Hague.

Ex-President Goodluck Jonathan failed to complete the 2014 National Conference Report of which he is to be blamed.

Current President Muhammadu Buhari should take the blame for the poor management of the P & ID contracts as he failed to act timely to address the case.

alezzy13:
Pay $300m for WHAT?? A deal that was fraudulent right from go?

That the second in command could openly claim he knew nothing about a deal of such humongous value is itself not an admission of fraud??

That your darling GEJ could not sort it out for the almost six years of his presidency is indicting enough but now push the blame to PMB is absolutely sickening

FYI, am not particularly a PMB fan, but let's try to be objective for once

Okay.

When it was discovered it was a fraudulent contract, did they follow best practice? I'm sure they did not.

if bribes were paid and could be proven, Nigeria has an edge. Many foreign governments frown at bribes.

My problem is how this government has been adamant at not taking responsibility in anything they involve in. If this fact has not been brought to light, no one would have believed that all this while the BLAME GAME OF THIS ADMINISTRATION has been a perpetual act of irresponsibility. It clearly shows that they never prepared for governance in Nigeria. This is pathetic!!!

tsdarkside:
forget about buhari for a moment and be angry for once....

you think we would jubilate if it was jonathan....??

its our money....dont be daft....

or is it buharis money....??

Don't use crude language to speak to me or anyone. Express your feelings with dignity.

. I'm neither a fan of the Jonathan or Buhari.

what I said there is the blunt truth. Follow best practises when dealing with a problem. There are laid down rules.

Omooba77:
T

P&ID in a clear statement, on Friday, completely absolved the former President of culpability and blamed both Buhari and the Attorney General, Abubakar Malami responsible for the development.







Attorney General Malami seems to have a case of amnesia.

Let’s set the record straight:

May 3, 2015: P&ID offers to settle the dispute with the Nigerian Government for $850mm. President Goodluck Jonathan indicates they are handing over the negotiations to the incoming Buhari Administration.



November 11, 2015: Attorney General Malami was sworn in November 11, 2015, just under three months after the Liability Award.






February 17, 2017: The Award on Quantum was delivered to the parties on February 17, 2017. Despite the 60-day standstill having been agreed by P&ID, Attorney General Malami made no attempt to negotiate with P&ID during the 60 days following the handing down of the Quantum Award.



Today:

The Attorney General’s pronouncements in the Nigerian press are a clear attempt to cover up his own incompetence and that of the Buhari Administration. This is a matter, which could have been settled shortly after he took office in November 2015 for $850 million. Instead, he personally took the decision to gamble on the arbitration and turned an $850 million liability into a $9.6 billion liability.



This is a serious assault on the Rule of Law by a demonstrably dishonest administration.

Meanwhile, P&ID is now focused on vigorously enforcing its legal rights in the UK, including seizing Nigerian assets to satisfy the award. This will begin as soon as possible.

http://thebossnewspapers.com/2019/08/30/buhari-not-jonathan-to-be-blamed-for-9bn-judgement-debt-says-pid/amp/#click=https:///xLzi8x01ob

Whom did we offend as a people...........
How come in the midst of proven scholars.....
This is the calibre of people at the helm......
I weep for Nigeria

helinues:
Completely absolved? Why didn't GEJ pay the money when it was $850m?

$850m for an invisible power plants??

So they expect a new incoming government still trying to recover the money looted by Pdp goons to start paying debts upon resuming office.

Btw P&ID cant stoop so low in blaming whose responsible or not as long they get their money.

Op is being mischievous as usual

Government is continnum. When you are sworn in you inherit assets and liabilities.
Stop espousing your ignorance to the whole world because of love for inept and dishonest administration

alezzy13:
Pay $300m for WHAT?? A deal that was fraudulent right from go?

That the second in command could openly claim he knew nothing about a deal of such humongous value is itself not an admission of fraud??

That your darling GEJ could not sort it out for the almost six years of his presidency is indicting enough but now push the blame to PMB is absolutely sickening

FYI, am not particularly a PMB fan, but let's try to be objective for once

God bless you my brother. Pay $1 for what? Some might hate GEJ, some might hate Buhari, but heaven will never forgive any Nigerian that pays a dollar of that money.

henrysam:
Government is continnum. When you are sworn in you inherit assets and liabilities.
Stop espousing your ignorance to the whole world because of love for inept and dishonest administration

Are you insinuating that Buhari has the sole authority to sign billions of dollars to private individual, and you would expect the next government to pay up? Because of inherited assets and liabilities.
If governments are run that way, then that country will cease to exist in a very short time.

wink2015:
WAS THIS NOT WHAT RENO OMOKRI WAS SAYING IN ONE OF HIS ARTICLE SOME FEW DAYS AGO.

President Buhari poor sense of crisis management as a President and Minister of Petroleum led Nigeria to this financial mess.

One can recall that it took President Muhammadu Buhari 6 months to pick and swore in his minister.

He selfishly kept the Petroluem Ministry under his custody without any full knowlege of the INSIDE DEALS within the petroleum ministry.

President Buhari inherited the case and it was obligatory for him to close it out in such a way that Nigeria is saved from the effect of the failed contract.

THE ROLL CALL IS AS FOLLOWS:

Ex-President Olusegun Obasanjo is fully responsible for Nigeria 's loosing the Bakassi Peninsula to Cameroun because he accepted to go with Cameroun to the world court in the Hague.

Ex-President Goodluck Jonathan failed to complete the 2014 National Conference Report of which he is to be blamed.

Current President Muhammadu Buhari should take the blame for the poor management of the P & ID contracts as he failed to act timely to address the case.

Who told you the 2014 national conference was not complete? It was completed and it's reports submitted, it was never implemented.

Jonathan (or any president for that matter) did not have the powers to implement the recommendations of any constitutional conference, that power lies with the national assembly. Jonathan conference and all other conferences were political, it was only meant to stir up political emotions. Every wonder why most governments organise constitutional conferences towards the end their tenure? It's usually an attempt to buy more time.

Why can't the national assembly debate the recommendations of all the numerous conferences we have had down the years, with a view to incorporating the recommendations into our constitution?

alezzy13:
Apples and oranges, sir. Yes It was just a piece of paper, but due process was followed. That we later regretted the action was of no consequence, hence the ICJ threw out our case.

1.In the case of PID, it's a clear case of fraud.
2.Deal worth almost a sixth of our budget did not pass thru FEC at that time, AS THE LAW PROVIDES.
3.Country's Second in command evidently did not know about it
4.Papers were allegedly smuggled to Saudi for a frail Yardua to sign. Allegations even abound that his signature was forged.
5.DUE PROCESS WAS NOT FOLLOWED.

Does it not seem just a tiny suspicious that PID would have loved PMB to quickly approve the 850m FOR DOING ABSOLUTELY NOTHING??

I was pointing out the fact to someone who said that just because a bunch of papers was signed does not mean anything.
As for the highly suspicious way the contract was done, it only shows how bad successive governments has been in Nigeria. One signed it, another settled it (IMHO to appease some camp/cabal),and the current government failed to take concrete steps as at when due to ensure that it never got to the level of getting to court. The current situation is as a direct result of previous administrations screwing up monumentally and the current one's failure and lack of proactive actions.
This government should know that governance is a continuum and it is the responsibility of any incoming government to try as much as they possibly can to undo whatever rubbish done by their predecessor. That is why it should never take any serious government 6 months to get a cabinet.
PS: I seriously hope for the sake of Nigerians we get out of this mess without paying a dime, but i am of the opinion that we probably have missed the window to do that.

wirinet:
Perpetual wailing over Jonathan's loss.

Only 90%, I thought it was 900% completed. So Amaechi was just dashing Chinese Railway Corporation billions of dollars for the same project to be completed.

There was no contract. It was only a scam by traitors to share our national treasury with foreigners. The so called contract did not pass through any contract process. There was no attempt by any party to execute a contract. How can you agree to pay for a 20 year profit for a business that had not even started? How can you calculate profit, when business has not stated? No equipment costs, no production costs, no running costs, no product even.

It's not Buhari's responsibility, it is the responsibility of the people that signed and negotiated the contract to find where they would find $9 billion to pay and unknown company.

Nigeria and Nigerians had won several court cases over the decades both in Nigerian and international courts ordering shell to pay several billions of dollars for oil spillages and unethical practices in Nigeria. The British government should deduct the fine from shells internation accounts and give us the rest.

Imagine the raw energy you are dissipating in the defence of this issue you know nothing about.
you are simply moved by emotional dysfunctions.
You may argue from here to heaven. The fact remains The fact still remains that every leader inherits assets and liabilities as well as plans and programmes.
We may continue to exchange hurtful diatribes on this specific issue. It will not reduce or add to the facts already established. It is very funny how you all propagate that the numerous problems Nigeria is currently facing were the making of Good luck Jonathan, yet no conscious effort has been made to arrest him or bring him to justice.

Teacher1776:
Imagine the raw energy you are dissipating in the defence of this issue you know nothing about.
you are simply moved by emotional dysfunctions.
You may argue from here to heaven. The fact remains The fact still remains that every leader inherits assets and liabilities as well as plans and programmes.
We may continue to exchange hurtful diatribes on this specific issue. It will not reduce or add to the facts already established. [b] It is very funny how you all propagate that the numerous problems Nigeria is currently facing were the making of Good luck Jonathan, [/b]yet no conscious effort has been made to arrest him or bring him to justice.

I must be mistaken because the numerous problems Nigeria is currently facing were the making of Buhari. You know Jonathan solved 90% of all Nigerian problems was solved by Jonathan only for Buhari to bring the problems back in a few days in office. Imagine, Jonathan built 90% of nigerias railways only for Buhari to re-award the contract again to the same firm that had done 90% work.

wirinet:
I must be mistaken because he numerous problems Nigeria is currently facing were the making of Buhari. You know Jonathan solved 90% of all Nigerian problems was solved by Jonathan only for Buhari to bring the problems back in a few days in office. Imagine, Jonathan built 90% of nigerias railways only for Buhari to reward the contract again to the same firm that had done 90% work.

Irrespective of the degree of sarcasm in your tone, it is evident you are A rare case of emocrises deftigridity.
a quandum of hippocampus emanating from an upsurge of dysfunctional chords in the central nervous system which causes a blockade in rational assumptions thus coalesced into a sort of dementia fantasy.
The problem is genetically configured, getting its roots from primordial acumen of traculent disturbia. Extreme cases if left undiagnosed could result in a state of hermetic dysfunction.

Khanben:
I was pointing out the fact to someone who said that just because a bunch of papers was signed does not mean anything.
As for the highly suspicious way the contract was done, it only shows how bad successive governments has been in Nigeria. One signed it, another settled it (IMHO to appease some camp/cabal),and the current government failed to take concrete steps as at when due to ensure that it never got to the level of getting to court. The current situation is as a direct result of previous administrations screwing up monumentally and the current one's failure and lack of proactive actions.
This government should know that governance is a continuum and it is the responsibility of any incoming government to try as much as they possibly can to undo whatever rubbish done by their predecessor. That is why it should never take any serious government 6 months to get a cabinet.
PS: I seriously hope for the sake of Nigerians we get out of this mess without paying a dime, but i am of the opinion that we probably have missed the window to do that.

ENOUGH OF ALL THESE ACCUSATIONS AND COUNTER-ACCUSATIONS YOU PEOPLE SHOULD GO AND ARREST JONATHAN OJARE

tsdarkside:
has anybody ever heared about that company before sef....??

me not....i dont remember hearin about that company before....something is very fishy here....

it was strange. what ever deals it is, one day it'll burst. with all this mess, how will Nigeria progres

LOL.

Get all the SANs in Nigeria, none of them is competent enough to handle legal proceedings in an international court of competent jurisdiction. This is because they have stopped practicing law many years ago. They are only good at bribing judges to get favourable judgement.

Their certificates are only as good as the papers they are printed on. Ph.D in law from Nigeria? The lawyer is only as good as a "charge and bail" lawyer. Perhaps it is the dirty rugs they place on their heads. Nigeria is one place professionalism is incinerated on the altar of mediocrity.

/[/quote]Thank you for this point, this country that is blessed with the best legal brains cannot find a legal team to represent it on this case, then it clearly shows that there is a SERIOUS problem ...
This Buhari government has over the years shown to us that celebrates and applauds mediocrity far above everything I have ever seen or heard......

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