So I’m certain a lot of Nigerians, no matter how unconcerned, must have, at least, heard snippets of the Award levied against Nigeria by the British Court over a contract it entered into with an Irish company. OK, let me just let you in on the exact sum: $9.6 bn. That is in excess of 3 trillion naira – a quarter of Nigeria’s 2019 budget.

Nigeria had signed a contract with a Gas processing company – Process & Industrial Development Ltd (P & ID), in 2010. This company was to set up a gas processing plant in Calabar to be supplied with gas by Nigeria’s government. The deal was to be of beneficial interest to all Nigeria’s citizens, that is, for me and you, and also for exports, perhaps. No sooner had Nigeria signed this contract, it pulled out of it, disregarding the Contract terms and damning its’ consequences. The company, in compliance with the contractual terms first invited Nigeria over for negotiations (conciliation and mediation), but Nigeria shunned the invitation. This company then headed for Arbitration in 2012, which Nigeria lost with its’ tail between its legs – the Arbitration Panel awarded the sum of $6.6 billion. The Panel arrived at this figure after calculating the profits the firm would have earned in 20 years, had the contract ran its full course.

According to the information that reached me, which is easily verifiable, Nigeria negotiated the Arbitration Award from that sum to about $600 million. But this was at the twilight of the last administration (Goodluck’s). After losing the elections, the then administration only thought it wise to refrain from paying such humongous amount, which may easily have triggered suspicion, but then explained the state of things in the Hand Over note to the current Administration, with of course, the intent to continue with the payment. The fact was that this Administration did nothing. It didn’t carry through in the payment and neither did it renegotiate it. No action was taken. It was simply “shelved”, as typical of a docile nation.

As a serious concern, the company, in order to be able to levy execution, approached the British Court for judgement. The argument of Nigeria’s legal team was that the British court lacked jurisdiction to entertain the case, and that even if it did, the Arbitration Award was humongous and “excessive” (their exact word). The British court overruled Nigeria’s argument and “stamped” the Award, and rightly included accrued interests, which then brought it the current amount of $9.6 billion.

Now, the Irish company is soon to levy execution of $9.6 billion on Nigeria’s Foreign Reserve (20% of the nation’s Reserve) in compliance with the judgement, and Nigeria’s government, surprisingly, is running helter-skelter to get the judgement suspended and then subsequently appeal same.

In as much as this whole brouhaha should actually be sobering as well as trigger deep reflections and concerns; it is funny and amusing to me at the same time. In that, the Nigerian government’s penchant for the disobedience of Court orders and absolute disregard for Contracts and Agreements have never been in doubt. I still recall a top British Economist who recently made a statement that Nigeria was a bad deal when it comes to transacting businesses with it, that’s because, according to her, the country lacks the integrity of keeping to contractual terms. The government announced its displeasure at that, but no one even saw this judgement coming, justifying her assertions and making a mockery of Nigeria’s trust system. It’s really unfortunate that the nations’ government takes pleasure in that rotten habit but jolted to the reality of the consequences of disobeying a “foreign court”. A government prone to disobeying its own (national) courts, but suddenly taking steps to stay the Execution of the judgment of a British (foreign) court through lawful means. With this, I could comfortably opine, without any fear of contradiction, that we all have witnessed the 9th Wonder of the World.

You see, this entire episode mirrors perfectly the unfortunate state of a lethargic nation called Nigeria. “Lethargic” in every sense of the word. This incident is just one of the numerous and apparent consequences this nation suffers as a result of this sick national condition. A lot more happens that are inapparent and easily glossed over. Let’s take the abandoned contract for instance. – Why on earth will a country cancel a gas processing project that was supposed to serve the energy needs of its citizens? Why would it cancel a conceived project meant to make better the standard of living? Why? I ask again. Since the cancellation of this gas project, what other measures have been put out to develop the nation’s abundant gas reserve? What prompted the cancellation of a well thought out plan and at its implementation stage? Not to mention the resources that would have been expended in the process. Whose end did it serve? What purpose is its reckless abandonment serving? Fact check, Nigeria’s gas reserve is the second largest in the world, next only to Russia. Not one cubit is exported. Please, check what Russia is doing with its’. I don’t even want to go into the mess in the management of the country’s number one resource itself – oil. So let’s just leave it that. Let’s also leave the reckless waste of the nation’s abundant gas reserve. Welcome to a nation where nothing matters so long as its bourgeoisies and aristocrats have just whatever they want, enough to serve their ends, their greed. The same sorry tale goes for the health sector, education sector, transportation sector, all the sectors in our milieu. The old Lagos state case, which had a railway contract cancelled by the Buhari’s military administration is an apt example. That city is today in dire need of mass transportation. Imagine what effect that would have had on that city had that contract pulled through. It would no doubt have spring rolled it to a status befitting of a 21st century city. Unfortunately, it’s still left grappling with teething challenges of development.

In the final analysis, the British court’s judgement is a clear demonstration that while Nigeria could continue with its uncultured and untamed habits, the international community will have none of that at the global stage. The world will have none of that national indecency. The global rules of engagement accepts no indiscipline from any nation. No lethargy. International law forbids it. The world is too serious minded to make progress and would accept no stunting from any backward nation as Nigeria. The World Bank will be served with the judgment and it will comply, Nigeria’s attention is not needed here. The Bank and global practices is sure miles ahead of our own Central Bank, and its operations, which will glaringly disregard a valid “Garnishee” order. Don’t get me wrong however, these whole uncouth attitude has been the hallmark of Nigeria’s government over the years, it’s not limited to this administration.

The sad reality is that the country will not learn from this. No, it is already stuck in its ways. Our politicians are too uncaring, too unconcerned, never with a bother. The nation’s system is too stuck and lost in it’s docility. Nigeria will sooner or later pay that fine. An appeal won’t help much. It’s either this nation gets serious, or keeps to itself, because the world will accept none of its rottenness.

Ces’t Finis.”

Pelumi Adewumi, Esq. is a Lawyer, Rights Activist, and Social Crusader.

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