Nigeria’s Attorney-General of the Federation and Minister of Justice, Abubakar Malami has narrated how that the Federal Government had reimbursed $496 million to resolve a long-running $5.26 billion contract disagreement with a foreign investment group in the steel industry.
According to Dr. Umar Gwandu, the Special Assistant, Media and Public Relations, Office of the AGF, he noted that the Alternative Dispute Resolution framework of the International Chamber of Commerce was instrumental in the negotiations which was headed by Phillip Howell-Richardson.
The government claims that the contractual alliance took effect on August 19, 2022.
‘Nigeria succeeded in reducing the claim in mediation brought by the international firm of King and Spalding, legal representatives of the Global group, by 91 per cent.’
‘A claim for over $10bn was threatened in arbitration before the International Chamber of Commerce, International Court of Arbitration, Paris, in respect of five major contracts of 2004 – 2007 — covering steel, iron ore, and rail,’ Gwandu said.
Read Also: Mixed Feelings As Malami Marries Buhari’s Daughter
He disclosed that the five contracts signed by President Olusegun Obasanjo’s government between 1999 and 2007—which granted one firm group, the Global Steel group, total domination over the Nigerian steel market—were the root of their differences.
He claims that in 2008, the Umaru Yar’ Adua-led–administration went ahead and terminated the contracts in defiance of the Federal Ministry of Justice’s legal counsel, who highlighted the revocation expense in the form of damages.
According to Gwandu, the Ajaokuta Share Purchase Agreement ought to have been revoked legitimately and the government would have recovered greater compensation from Global Steel if the government at that time had not discontinued it on April 1, 2008, and instead chose to wait just 55 days.
He said, ‘This was because the firm appeared unable to pay the first tranche for the Ajaokuta shares before the first anniversary of the agreement (25 May 2008). This failure would have given Nigeria a right to over $26m as liquidated damages under cl.12 of the Ajaokuta Share Purchase Agreement.’
‘Global Steel, in consequence, took the FGN to the International Chamber of Commerce, International Court of Arbitration, Paris, commencing arbitration in 2008. Although the Federal Government negotiated a settlement in May 2013, the previous administration failed to implement its settlement agreement.’
‘In May 2020, Global (Steel) threatened a resumption of the arbitration and announced an anticipated claim in damages of over $10-14bn against the Nigerian state in respect of the affected five contracts.’
The statement partly reads, ‘With this development, Malami said President Muhammadu Buhari has now rescued the steel industry from interminable and complex disputes as well as saving the taxpayer from humongous damages.’
‘The Minister also stated that one of the lessons to be learnt included that the future arrangements — sale or concessions – must be carried out in the national interest and in compliance with the law.’
‘The Office of the Attorney General of the Federation and Minister of Justice grappled with the inherited problem by adopting a blueprint of seven principles for the cost-effective resolution of contractual disputes wherever they occur.’
‘They are the use of institutional mediation, choice of FGN counsel, the use of financial advisers with reputational capital, the importance of not discouraging foreign investment, fiscal responsibility, transparency, and the recognition that joined-up government produces superior outcomes.’
The federation has plunged into worse debts problem since then. Recently, the country’s revenue has not been sufficient to service debts from international creditors.