Acting Chief Justice, Ariwoola
…Threats brewing in 2022, over $5m Legal Fee allegedly Paid in 2014***
The Nigerian Senate, according to an online publication, is set to order the arrest of the Director General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr Bashir Jamoh, for his failure to timely appear before it, to commit Contempt of Court, by publicly speaking on issues, before several competent courts, arising from money paid in 2014, by former NIMASA DG, Patrick Ziakede Akpobolokemi.
If the online publication’s story was anything to go by, the Senate Committee, was unwittingly and deliberately wanting to invoke Volenti non-fit injuria on Dr Jamoh, by tasking him to commit to contempt of court, over data or information that anyone, including journalists, could easily obtain via Google.
Volenti non-fit injuria is a Latin legal maxim which holds that a person who knowingly and voluntarily risks danger cannot recover, for any resulting injury.
In order words, Jamoh’s willingness to rush and publicly speak on this issue of money paid by Akpobolokemi, would instantly, directly place him in an awkward position, from which neither the media (as escalators) nor the Senate would be able to protect him.
The Maritime First learnt that trouble started after the lawmakers found evidence of NIMASA’s payment of USD5m to a number of Legal Counsels, some of them outside Nigeria, and couldn’t find any immediate return on Investment; and subsequently averred, that the payment was most probably, fraudulent.
After speaking with a few industry revered operators which included lawyers and NIMASA officials, the Maritime First can now, authoritatively confirm that the payment, though made, was a legal fee, in pursuit of a $12 Billion Missing Crude Recoveries.
The Federal Government of Nigeria had consistently recorded a decline in its Hydrocarbon exports revenue due to ineffective monitoring of hydrocarbon shipments by the International Oil Companies (IOCs).
Consequently, the FGN became interested in tracking the global movement of Nigeria’s Hydrocarbon and recovering lost revenue.
Consequently, sometime in 2013, the Honourable Attorney-General of the Federation and Minister of Justice by a letter dated 29th November 2013, conveyed to the Nigerian Maritime Administration and Safety Agency (the Agency) the approval of the President of the Federal Republic of Nigeria, dated the 19th day of November 2013, for the engagement of Technical Experts and Legal Team to provide intelligence gathering based tracking of Nigeria’s Hydrocarbon and also recover revenue lost by the Federal Government of Nigeria.
In furtherance of realizing the objective, the Honourable Attorney-General of the Federation and Minister of Justice in that letter of 29th day of November 2013, conveyed to the Agency, the President’s approval of the appointment of a Legal Team, retained to provide legal services and representation for and in relation to the intelligence-based tracking and gathering of the global movement of Nigerian Hydrocarbon and Recovery of Revenue lost by the Federal Government.
The Agency on the 24th day of January 2014, conveyed the approval of the President to the Legal Team/Retained Counsel of their collective appointment/engagement as conveyed to the Agency by the Honourable Attorney General of the Federation and Minister of Justice.
Thus, the Federal Government of Nigeria, represented by the Agency, by a retainership agreement, retained the services of a Legal Team comprising five (5) Law Firms with three (3) Senior Advocates and other lawyers; as well as a Technical Team.
The current Honourable Attorney-General under his hand, additionally increased the Legal Team to Seven (7) Law Firms to work with the Technical Team based in the Houston United States to prosecute the matters in Court.
The effective date of the appointment of the Legal Team was the 29th day of January 2014, covering an initial period of 10 years.
The Legal team was paid a Professional/ legal start-off fee of US5,000,000 (Five Million US Dollars) (NGN741,904,761.28 at an exchange rate of NGN164 to a USD as of the date) which formed part of the legal fees and costs due to the Legal Team and deductible from the payment due to the Legal Team/Retained Counsel upon the conclusion of the Project.
The Agency is truly aware that the Legal Team actually filed several suits, which are at various stages, both at the Federal High Court and the Court of Appeal.
Some of the suits pending at the Federal High Court and the Court of Appeal (Lagos Division) are as follows:
*SUIT NO. FHC/L/CS/318/2016 – FEDERAL GOVERNMENT OF NIGERIA V CHEVRON NIGERIA LTD & ANOR.
*SUIT NO. FHC/L/CS/359/2016 – FEDERAL GOVERNMENT OF NIGERIA V TOTAL E & P NIGERIA LTD
*SUIT NO. FHC/L/CS/339/16 – FEDERAL GOVERNMENT OF NIGERIA V SHELL WESTERN SUPPLY AND TRADING LTD & SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD – Alleged crude oil theft: Court to hear $406.7m case against Shell, reported in Vanguard Newspaper on https://www.vanguardngr.com/2017/01/alleged-crude-oil-theft-court-hear-406-7m-case-shell/
*SUIT NO. FHC/L/CS/1748/16 – FEDERAL GOVERNMENT OF NIGERIA V. CNOOC EXPLORATION & PRODUCTION NIGERIA LTD
*SUIT NO: FHC/L/CS/1465/17 – FEDERAL GOVERNMENT OF NIGERIA V. STAR DEEP WATER PETROLEUM LTD
**APPEAL NO: CA/L/PRE/ROA/353MI/2020 – CHEVRON PETROLEUM NIG. LTD V FEDERAL GOVERNMENT OF NIGERIA
APPEAL NO. CA/L/54/18 – FEDERAL GOVERNMENT OF NIGERIA V TOTAL E & P NIGERIA LTD
**APPEAL NO. CA/LAG/CV/825/19 – FEDERAL GOVERNMENT OF NIGERIA V NIGERIA AGIP OIL COMPANY LTD
APPEAL NO. CA/LAG/CV/824/2019 – FEDERAL GOVERNMENT OF NIGERIA V BRASOIL OIL SERVICES COMPANY NIGERIA LTD
**APPEAL NO: CA/LAG/CV/215/2022 – FEDERAL GOVERNMENT OF NIGERIA V CNOOC EXPLORATION & PRODUCTION NIGERIA LTD.
The Agency is also aware that an Arbitral Award was also obtained against one of the oil companies in favour of the FGN (NNPC/ NPDC) in the sum of USD1.69 Billion as well as got recognition and enforcement order in the Judgment in favour of the FGN (NNPC/ NPD in SUIT NO. FHC/L/CS/947/2019 – NIGERIAN PETROLEUM DEVELOPMENT CO. LTD V ATLANTIC ENERGY DRILLING CONCEPTS NIG. LTD & ANOR on the basis of the KPMG forensic report.
(Please see the Guardian Newspapers of Dec. 8, 2020 – available online on: –
https://guardian.ng/features/court-upholds-landmark-us1-7-billion-arbitral-award-in-favour-of-npdc-on-brass-and-forcados-assets
{Also reported in ThisDay of December 8, 2020, and available at https://www.thisdaylive.com/index.php/2020/12/08/court-upholds-1-7bn-arbitral-award-in-favour-of-npdc-on-brass-forcados-assets/}
Crude oil remittance: Court upholds $1.7bn arbitral award in favour of NPDC, reported in Vanguard Newspapers, December 10, 2020 – available on https://www.vanguardngr.com/2020/12/crude-oil-remittance-court-upholds-1-7bn-arbitral-award-in-favour-of-npdc/)
The FGN through NIMASA and the office of the Honourable Attorney-General of the Federation has been provided with periodic updates on these matters.
NIMASA is also closely monitoring the proceedings which have so far been satisfactory.
In addition: the Economic and Financial Crimes Commission is interested and is working assiduously in tracing and recovering the stolen crudes and un-remitted funds.
A staffer of an agency who spoke on condition of anonymity said confirmed our findings, stressing the agency’s shock that somebody had misinformed the online publication.
“It has come as a huge surprise”, he said of what was reported in the media “on matters that are essentially sub judice and the documents are available in the public domain in different Courts for all to see.
“This matter is of significant national importance and NIMASA will continue to accord it all the attention it deserves”, the Agency staffer said, defending the Senate, and blaming the online publication, for pursuing a cause, most likely unapproved by the lawmakers!