$9.6bn UK Judgement: How P&ID Boss, Quinn, Stole TY Danjuma’s Project Idea
The
controversy surrounding the judgement of a United Kingdom (UK) court
granting authority to seize Nigeria’s assets worth $9.6 billion over a
failed gas deal has taken a new twist, with latest report indicating
that the Irish company, Process and Industrial Development Ltd
(P&ID), hijacked the project from former defence minister, General
Theophilous Danjuma (rtd).
Danjuma, who spilled the beans on his
involvement in the deal, told Businessweek magazine in an exclusive
interview that the gas flaring project was originally his idea, and that
it was one of his companies, Tita-Kuru Petrochemicals Ltd, that had
spent $40million preparing it, not co-founder of P&ID, Michael
Quinn.
According to him, Quinn had been a consultant to him, using his funds and office space.
General
Danjuma was said to have been upset when Quinn applied for the contract
himself instead of using his firm in line with the original concept.
“The
realisation dawned that my consultant was going to steal my project”,
the magazine quoted the former defence minister as saying.
Danjuma
recalled being promised a share of P&ID in return for his initial
investment, adding however that he hadn’t heard from the company in
years and that Brendan Cahill did not reply to letters about the
lawsuit. Cahill is Quinn’s surviving partner who took Nigeria to court
over the failed project.
“At one point, Danjuma dusted off his
hands to emphasize the relationship’s end,” the report noted, adding
that P&ID’s spokesperson declined to comment on Danjuma’s
involvement or any other matters raised in the story.
Similarly, Cahill was said to have refused to respond to attempts to contact him directly.
The
federal government had vowed to investigate the project that led to the
court judgement, which many experts have described as a bloated fine
slammed on the country.
The $9.6 billion fine represents about 40 per cent of the N8.91trillion 2019 federal budget.
Financial
experts insist that any attempt to immediately cough out the fine of
$9.6billion (over N3tn) would invariably deplete the country’s foreign
reserves base, which the CBN seemingly depends on to defend the naira
exchange rate.
The federal government had earlier made its stand known on the said judgement at a press conference in Abuja on August 28, 2019.
At
the conference, the government team comprising the Attorney-General of
the Federation, Abubakar Malami; the minister of Information and
Culture, Lai Mohammed; the minister of Finance, Zainab Ahmed; and the
CBN governor, Mr. Godwin Emefiele, individually shared their
perspectives on the issue.
The country’s Solicitor-General, Mr
Dayo Apata (SAN), who was also at the press briefing, confirmed that he
had been directed to appeal the UK commercial court ruling, that the
P&ID “can seize Nigeria’s assets worth over $9bn as compensation for
the breach of the 2010 agreement”.
Apata also expressed optimism that Nigeria would succeed in its appeal to seek a stay of execution of the recent judgement.
On
his part, Malami suggested that there was a need for “a comprehensive
investigation to identify everyone who signed the contract agreement to
supply a product that they did not produce!”
Consequently, he
insisted that “insinuations abound that the contract was originally
designed to fail, fundamentally because there ‘were’ inherent elements
of hitches that were (deliberately) designed into the agreement right
from inception.”
Finance minister Ahmed, on her part, also noted
that the $9.6billion award is actually equivalent to N3.5trillion, an
amount, which, she claimed, would cover the federal government’s total
personnel cost estimated at about 3.2trn in the 2019 budget.
Invariably,
the immediate settlement of the P&ID’s $9.6bn award would compel
further debt accumulation to cover government’s spending on both
recurrent and capital expenditure accounts.
Arguably, however,
with present concerns about the subsisting N24.4tn national debt burden,
which already gulps about 40 per cent of government revenue, to service
a fresh foreign loan of $9.6bn annually to pay the P&ID award may
not be the right option!
Interestingly, Emefiele held at the
joint briefing, on the P&ID award, that the apex bank does not have
any information in its records “to show that this company brought in one
cent into this country and we have accordingly written to the Economic
and Financial Crimes Commission and the Intelligence Department of the
Nigeria Police, who are currently investigating this matter.”
In
his own contribution, the minister of Information and Culture, Lai
Mohammed, confirmed that President Buhari had already ordered a thorough
investigation of the circumstances surrounding the P&ID agreement
and also called for a full-scale criminal investigation of the case.
Mohammed
chorused Malami’s suspicion that the agreement process was carried out
with some vested interest in the past administration, “who”, according
to him, “apparently colluded with their local and international
conspirators to inflict great economic injury on Nigeria and its
people.”
Despite the arbitration award and the ruling on
enforcement in August 2019, Mohammed gave assurance that Nigeria was not
about to lose any of its assets to the P&ID.
Besides, he
noted that “the enforcement of the award cannot even commence until the
UK courts resume from annual recess in September to address Nigeria’s
appeal.”
Meanwhile, one John Ehiguese, who is the Nigerian
representative of the P&ID, has confirmed that their legal team is
working diligently to identify and target enforcement of the tribunal’s
award against Nigeria.
There are speculations that the P&ID
could target Nigeria’s reserves in foreign banks, as well as oil cargoes
anywhere in the world.
Fortunately, Ehiguese also suggested that
the Irish firm had not ruled out the possibility of alternative
resolution of the fine, but noted, however, that the onus was upon
Nigeria’s government to show good faith and enter into reasonable
negotiation.
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