•Court insists company must pay in pounds

Emmanuel Addeh in Abuja

In what could be termed an end to a prolonged legal tussle, the UK Supreme Court has unanimously found that P&ID, a small offshore company that attempted to use arbitration proceedings to extort over $11 billion from Nigeria, must pay a hefty costs order of up to £44 million.

The court further ordered that the sum, which arose from the 2023 trial in the Commercial Court which found that P&ID paid bribes in the process of procuring gas contracts with Nigeria, must be paid in pounds sterling, rather than Nigerian naira.

The UK’s apex court rejected P&ID’s argument that the legal costs claimed by Nigeria, which could be up to £44.2 million excluding interest, should be paid in Naira to avoid the West African country making a windfall from advantageous conversion rates.

The judgment draws to a close the fallout from the extraordinary events which preceded it, following years of arbitration in which P&ID sought to claim over $ 11 billion from Africa’s most populous nation, a development that could have completely ruined the country’s economy.

It also highlighted the role played by certain individuals in government at the time, to save the country from bankruptcy. In 2019, P&ID won an award against Nigeria in the UK court in the sum of $9.6 billion. Upon the pronouncement of the judgement, Nigeria’s assets abroad and its FX reserves were under threat of seizure. 

But concerned by this threat on the Country’s FX reserves the then Central Bank Governor, Godwin Emefiele, approached President Muhammadu Buhari, requesting for approval for the apex bank to take over the appeal of the case and for the CBN to pay all legal costs on behalf of the federal government.

THISDAY learnt that Buhari approved the request and directed the office of the Attorney General of the Federation to work with the CBN. The then AGF, Abubakar Malami, and CBN subsequently headed to the UK to seek advice from various UK legal experts.

Most of these experts refused to take on the matter given that the time limit allowed for appeal to be heard had expired. However, it was gathered that only Mishcon firm accepted to help Nigeria prosecute the matter by relying on Section 68 of the UK Law which says that an appeal against an award may be granted if fraud is adduced. 

The case commenced in 2020 and in August 2023, Nigeria won the case and got the award reversed, thus  saving the country from losing over $11 billion, plus the accumulated interest.

A  source close to the deliberations and decision process after the judgement revealed to THISDAY the role played by Emefiele in the battle to reverse the judgement. “The judgement shook the country to its core, but the former CBN governor rose to the occasion, declaring that Nigeria didn’t the money to pay such colossal sums, choosing to fight instead to save the country from fraudsters who were determined to impose such liability on generations of Nigerians.”  the source who pleaded anonymity stated.

In its landmark 2023 ruling, the High Court found that Trevor Burke KC and Seamus Andrews, two London-based lawyers who acted for P&ID, made an “indefensible decision” to retain Nigeria’s internal documents, which they knew included privileged documents that they were not entitled to see.

The judge highlighted the sums of up to £850 million and £3 billion that they were respectively due to receive personally in the event of P&ID’s success which, he stated, informed their behaviour. A copy of this judgment was referred by the judge to the Bar Standards Board and Solicitors Regulation Authority in the case of both legal professionals.

Finally, a court document seen by THISDAY showed that the United Kingdom Supreme Court on October 22, dismissed the appeal by P&ID, affirming that  Nigeria is entitled to recover its legal costs in sterling (GBP) rather than in naira (NGN) following its successful challenge to a multi-billion-dollar arbitral award.

Delivering judgment, a panel led by Lord Reed, President of the Supreme Court, unanimously upheld earlier rulings of the Commercial Court and the Court of Appeal that costs should be paid in the same currency in which Nigeria’s legal obligations were incurred.

The case arose after Nigeria successfully overturned two arbitral awards granted to P&ID—worth over $11 billion including interest—on grounds of fraud and public policy violations. The Commercial Court, in 2023, found that the awards had been “procured by fraud” and were therefore void.

In pursuing the challenge, Nigeria incurred legal expenses amounting to £44.2 million, billed and paid in sterling through 116 invoices between November 2019 and November 2024. P&ID had argued that the costs order should be made in naira, claiming that paying in pounds would give Nigeria a “windfall” due to the sharp depreciation of the naira since 2023, when it was allowed to float freely.

However, the Supreme Court rejected that argument. In a joint judgment delivered by Lord Hodge and Lady Simler, with the concurrence of Lords Reed, Stephens, and Richards, the Court held that an order for costs “is not intended to compensate for loss” but rather represents a statutory indemnity for expenses incurred in litigation.

“As Nigeria had incurred liability and made payments in sterling, the court ought to make a costs order in sterling,” the Justices ruled.

The Court further emphasised that costs awards are discretionary and not compensatory in nature, distinguishing them from damages in tort or contract cases. It warned that adopting P&ID’s approach requiring inquiries into how litigants fund their legal fees would create “disproportionate and expensive satellite litigation.”

It reaffirmed the principle that costs are to be awarded in the currency in which the legal services were billed and paid, unless there are exceptional or abusive circumstances, dismissing P&ID’s appeal and ordering the company to pay Nigeria’s costs on the standard basis.

On reasons for the judgment, a summary of the case given by the court said: “ First, an order for costs is not intended to provide compensation for loss in the same way as awards of damages in tort or for breach of contract.

“Secondly, an order for costs is a discretionary remedy determined by reference to all the circumstances. While a party cannot recover more in costs than it has paid in legal fees, the costs award is not an attempt to restore a party to the position it would have been in without the litigation.”

 Instead, the court stated that its task in making a costs award is to identify the reasonable amount which the paying party should pay as a contribution to the receiving party’s costs, affirming that a costs order is therefore very different from an award of damages.

“Thirdly, the court does not usually know how the litigant obtained the funds used to pay its legal fees and does not investigate those arrangements in order to ascertain that party’s loss.

“Fourthly, there are pragmatic reasons why the court should not inquire into how the litigant has funded an action. Making such inquiries would risk collateral disputes of fact which may require a separate trial. The courts should be very slow to adopt a principle which would encourage disproportionate or expensive additional litigation.

“The dispute in this case as to how Nigeria funded the sterling payments it made to its solicitors is an example of the kind of additional issues that might arise if the courts were to embark on the inquiry suggested by P&ID.

“There is no requirement in the Senior Courts Act 1981 or the Civil Procedure Rules 1998 that costs orders be made only in sterling . A general rule that an order for costs is made in sterling or in the currency in which the solicitor has billed the client and in which the client has paid or is liable to pay is consistent with the nature of the court’s costs jurisdiction and with legal certainty,” part of the judgement read.

LEAD:

Tinubu to Amupitan: Serve with Integrity, Beyond Reproach, Anambra Poll Your Test

•Charges him to ensure public trust in nation’s electoral process

•New INEC chair vows to defend constitution, reform electoral system

Deji Elumoye and Adedayo Akinwale in Abuja

President Bola Tinubu, yesterday, charged the new Chairman of Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan, SAN, to serve with integrity beyond reproach.

Speaking at the swearing-in of Amupitan as the sixth substantive chairman of INEC at Council Chambers, State House, Abuja, Tinubu declared that his first litmus test would be the November 8 governorship election in Anambra State.

Amupitan pledged to defend the Nigerian constitution and the electoral system.

The president told the new INEC head, “Your nomination and the subsequent confirmation by the senate are a testament to your capacity and the confidence reposed in you by both the executive and the legislative arms of government.

“This significant achievement marks the beginning of a challenging, yet rewarding journey, and I trust that you will approach your responsibility with the highest level of integrity, dedication and patriotism.”

Tinubu stated that the country had been on a path of democratic governance and learning since 1999, with notable achievements in the strengthening of various institutions.

He stated, “Our democracy has come a long way in 25 years. We have consolidated and strengthened our democratic institutions, particularly in electoral systems, through innovations and reforms.

“We have learned a great deal along the way and have improved significantly from where we were many years ago. We must now remain committed to the principles that underpin democracy in a complex and multifaceted society.

“The electoral process is a vital part of a democracy that grants the people the exclusive right to choose their leaders and shape their future. To ensure that our democracy continues to flourish, the integrity of our electoral process must be beyond reproach.”

Stating that the governorship election on November 8 in Anambra State would serve as a litmus test for Amupitan, Tinubu asked the new leadership of the electoral commission to brace up for the challenge.

He said, “It is important that our elections are free, fair and credible. We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow.

“To maintain public trust in the election, electoral integrity must be protected. All aspects of the process – from registration to campaigning, the media access, voting and counting should be transparent, non–violent and credible.”

Tinubu added, “No electoral system is flawless, but since elections are vital to a nation’s future, it is essential to continually strengthen electoral institutions, ensuring that they are robust, resilient and safeguarded against artificial setback.

“I, therefore, charge you, Professor Amupitan, as you take on this important assignment to protect the integrity of our electoral process and strengthen the institutional capacity of INEC.”

The 58-year-old academic outlined his plans to reform Nigeria’s electoral system, strengthen institutional independence, and rebuild public trust in the commission at the screening.

In an interview with newsmen after his inauguration, Amupitan pledged to defend the constitution and Nigerian laws as they relate to the electoral system.

He stated, “So, I will reaffirm what I have just taken, that I’m going to defend the constitution and the laws of the Federal Republic of Nigeria as far as it relates to the electoral system, and like the president said, I was given a clear charge to ensure credible, fair and free election.

“Not just that, I will ensure that that is done. I’m also going to engage all the stakeholders, because no matter how you set the barometer and the level of success, you still need all the stakeholders to be able to succeed.”

The swearing-in ceremony followed the senate’s confirmation of Amupitan’s nomination on October 16. He succeeded Professor Mahmood Yakubu, whose tenure ran from 2015 to 2025.

2^ND LEAD:

Kwankwaso: 2027 Poll Will Be Tough, We’re Open to Alliance with Any Political Party

Chuks Okocha in Abuja

Former Kano State Governor and presidential candidate of New Nigeria Peoples Party (NNPP) in 2023, Senator Rabi’u Kwankwaso, has predicted that the 2027 elections would be the toughest in Nigeria’s democratic history.

Kwankwaso also declared his party’s readiness for alliances with other political forces, including President Bola Tinubu, Goodluck Jonathan, and Peter Obi.

Speaking in an interview with BBC Hausa, Kwankwaso, who recently marked his 69th birthday, predicted a more intense and tough contest, saying Nigerians have become more politically aware and determined to change their circumstances.

He stated, “I believe the 2027 elections will be much tougher. People are now more informed, more concerned, and more involved. Everyone is seeking a way out because of the country’s current situation.

“Thanks to radio and social media, the masses now know more. You may see things that have never happened before in Nigeria’s electoral history. People will not sell their votes this time, they want real change.”

Kwankwaso declared that  NNPP was willing to collaborate with any political party or individual that shared its vision for a prosperous Nigeria and commitment to the welfare of the masses.

But he was quick to add that any merger or alliance must be anchored on mutual respect, clear benefits, and shared ideals, particularly the upliftment of the common man.

The former presidential candidate stated, “We’re ready for anyone, whether it is the APC, PDP, ADC, Jonathan, or Peter Obi. If we are satisfied with their competence and integrity, we will join forces to achieve success.

“But whoever we align with must be committed to improving the lives of Nigerians. If they fail to meet our expectations, we will not continue with them.

“What we are asking for is simple, that the common people should benefit, that the youth should be educated, and that security should be improved.”

Kwankwaso stated that NNPP, which fielded candidates across all states in the 2023 elections, had become a national force capable of influencing the political direction of the country.

He recalled that in September, he had hinted at the possibility of NNPP working with the ruling All Progressives Congress (APC), but stressed that such a move must come with tangible value for the NNPP structures and candidates.

He said, “If you are asking us to join APC, you must tell us what NNPP will gain. We have gubernatorial candidates in all the states and full structures nationwide. What will you offer them if we join?”

The former Minister of Defence also took a swipe at Nigeria’s political elite, accusing them of neglecting the suffering of ordinary citizens while living lavishly in Abuja.

Kwankwaso said, “Our people are being killed in Sokoto, Kebbi, Zamfara, and parts of Kaduna. The victims are ordinary citizens. The elites have fled to Abuja, where they live in luxury building big houses, driving expensive cars, and enriching themselves at the expense of the people.

“They act as if they are untouchable, but I am confident that Allah will judge them accordingly.”

OTHERS:

UN Chiefs Seek Sustained Global Support, Long-term Solutions for Nigeria’s IDPs

•IOM, BOA sign MoU for $200m support fund to boost livelihoods of migrants, displaced persons

Ndubuisi Francis in Abuja

Senior United Nations (UN) officials have commended Nigeria for its leadership in addressing internal displacement. They called for sustained international engagement to ensure the full realisatuon of long-term, development-anchored solutions.

That was as the International Organisation for Migration (IOM) and Nigeria’s Bank of Agriculture Limited (BOA) signed a Memorandum of Understanding (MoU) to strengthen access to sustainable livelihoods for migrants and displaced persons across the country.

The agreement, signed by IOM’s Deputy Director General for Operations, Ugochi Daniels, and Managing Director/CEO of Bank of Agriculture, Ayo Sotinrin, sets the stage for long-term, sustainable cooperation between the two institutions, through the establishment of a $200 million Agriculture and Livelihood Support Fund to improve the lives of forcibly displaced persons in Nigeria.

At the conclusion of a three-day joint mission to Nigeria, Deputy Director-General for Operations at the International Organisation for Migration (IOM), Daniels; Assistant High Commissioner for Operations at the UN Refugee Agency (UNHCR), Raouf Mazou; and Director of the Crisis Bureau at the UN Development Programme (UNDP), Shoko Noda, urged global and national partners to build on Nigeria’s progress through coordinated and inclusive approaches.

The delegation underscored that Nigeria’s forthcoming National Development Plan (2026–2030) presented a critical opportunity to embed durable solutions for internally displaced persons (IDPs) into national development and financing priorities. 

They also called on international financial institutions (IFIs) and development partners to continue efforts to scale up sustainable financing for solutions, emphasising that predictable, long-term investment is essential to move from humanitarian response to self-reliance, economic recovery, and resilience.

The delegation met with the Yobe State Policy Advisory Committee on Durable Solutions, chaired by the deputy governor, traditional leaders, commissioners, and IDP representatives.

The authorities confirmed that 24 per cent of the state’s annual budget was now dedicated to implementing the State Action Plan on Durable Solutions, one of the most significant government allocations globally. 

Daniels stated, “Humanitarian needs remain urgent and security remains a top priority, but durable solutions cannot be achieved through humanitarian aid alone.

“What we witnessed in Yobe State is government leadership and development approaches in action. Importantly, IDP representatives took part in the discussions as members of the official delegation, reflecting a shift from being seen as beneficiaries to recognised partners and decision makers.”

Nigeria, one of 15 pilot countries under the UN Secretary-General’s Action Agenda on Internal Displacement, continues to demonstrate strong national ownership through the National Policy on Internal Displacement (2022) and the rollout of State Action Plans for Durable Solutions in Borno, Adamawa, Yobe, and Benue states.

“Nigeria’s experience shows a clear shift is taking place from humanitarian aid to self-reliance, from short-term response to long-term recovery.

Mazou said, “What makes Nigeria unique is its commitment to pairing public investment with private sector engagement. Harnessing private capital and innovation is essential to create jobs, rebuild livelihoods, and help displaced families achieve self-sufficiency.”

In Abuja, the delegation met with the Federal Ministry of Budget and Economic Planning and the Federal Ministry of Humanitarian Affairs and Poverty Reduction. Discussions focused on integrating durable solutions for IDPs into Nigeria’s forthcoming National Development Plan (2026–2030) and mobilising long-term, blended financing to sustain progress. The government reaffirmed that internal displacement was both a development and investment priority.

“Nigeria’s leadership on durable solutions is impressive, and the ingredients for success are already in place,” said Noda.

Noda added, “Nigeria has the potential to build a comprehensive model in support of solutions, one that can inspire similar progress in other displacement contexts.”

The officials stated that Nigeria had benefited from the new global arrangements on advancing IDP solutions. Funding to UN Agencies provided by the Internal Displacement Solutions Fund (IDSF) provides catalytic support to State-level data, policy, and coordination structures.

As part of the global Solutions Hub, a Resident Coordinator Adviser on Durable Solutions ensures stronger system-wide engagement. 

The UN officials reaffirmed their commitment to accompany the government of Nigeria in driving durable, inclusive, and nationally owned solutions to internal displacement, calling on partners to sustain support that matches the scale of the country’s ambition.

Meanwhile, the MoU signed between IOM and BoA to strengthen access to sustainable livelihoods for migrants and displaced persons across the country set the stage for long-term, sustainable cooperation between the two institutions, through the establishment of a $200 million Agriculture and Livelihood Support Fund to improve the lives of forcibly displaced persons in Nigeria.

The agreement was signed by IOM’s Deputy Director General for Operations, Daniels, and Managing Director/CEO of Bank of Agriculture (B, Ayo Sotinrin.

Daniels stated, “This partnership reflects our shared commitment to advancing sustainable solutions for migrants and communities. “By linking migration management with development financing, we can create inclusive economic opportunities that empower people to rebuild their lives, contribute to local economies, and reduce aid dependency.”

Recognising the urgent need to tackle the root causes of displacement and irregular migration, the MoU is a demonstration of Nigeria’s commitment to leveraging the partnership to boost economic inclusion, resilience, and sustainable development. The initiative aligns with Nigeria’s national development agenda and Agenda 2063, promoting stability and self-reliance in displacement-affected regions.

The MoU is focused on addressing displacement, food insecurity, and rural poverty, while empowering vulnerable populations to lead their own recovery through sustainable livelihood support in Nigeria.

Sotinrin said, “The Bank of Agriculture, in executing the vision of the Presidency, views this fund as a crucial step in transforming the landscape of rural poverty.

“This partnership unlocks productivity through people-centred investment that enables the economic inclusion of migrants and, critically, positions displaced and vulnerable Nigerians as active, valued contributors to rural development, community resilience, and the national economic stability promised by the Renewed Hope Agenda.”

The signing of the MoU comes at a time when Nigeria is intensifying efforts to address the root causes of displacement and irregular migration. The country currently hosts over 3.5 million internally displaced persons (IDPs), many of whom have lost access to land, income opportunities, and productive assets. 

The partnership bridges critical gaps and offers a strategic pathway for locally driven economic intervention. It also facilitates access to agricultural inputs, capacity development, market linkages, and financial inclusion, helping to reduce aid dependency for IDPs, returnees, host communities, and other vulnerable populations affected by conflict, climate shocks, and economic disruption. 

The initiative complements national strategies, aligns with the United Nations Sustainable Development Cooperation Framework (UNSDCF) and could serve as a model for migration-sensitive development financing in Africa, reinforcing IOM and BOA’s shared vision of promoting stability and self-reliance in displacement-affected regions.

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