TheCable

Edwin Clark, convener of the Pan Niger Delta Forum (PANDEF), has asked the federal government to ensure that justice is served on everyone indicted in the Process & Industrial Developments (P&ID) Ltd saga. 

In a letter dated December 1 and addressed to Lateef Fagbemi, the attorney-general and minister of justice, Clark advised him to shun “selective judicial process” based on status and treat all indicted persons equally. 

Clark also described the indicted persons as “unpatriotic”.

“They colluded with P&ID, as a shell company with no track record or expertise in gas processing, to obtain a lucrative contract that was never intended to be executed,” he wrote.

“They also facilitated the payment of bribes, kickbacks and commissions for P&ID and its agents, to some Nigerian officials and politicians.”

Clark said during the court proceedings in London, “evidence was pleaded as to the sequence of events initiated by the main characters and the criminal culpability of Adetunji Adebayo, Adeoye Aderemi and Wole Shonibare… who were involved in sending confidential federal government documents to P&ID and also in giving bribes to civil servants including late Mrs Grace Taiga, Miss Adelore, Ms Oluremi Clara Aderemi and Ms Hafsat Belgore”.

He also said “what might be less well known is the involvement of another company, Trenko International Limited, owned by Mr Adetunji Adebayo and the relationship between the company and Senator Hajiya Ireti Kingibe, the FCT Labour Party Senator who is the close friend and business partner of Mr. Adetunji Adebayo”.

He said vast sums of cash were withdrawn from Trenko’s bank accounts over “the period of interest” and that “Trenko was the source of the cash deposited by Ms. Adelore”.

THE P&ID CASE

In 2010, P&ID entered into an agreement with Nigeria to build a gas processing plant in Calabar, Cross River state.

However, the company said the deal collapsed because the Nigerian government did not fulfill its end of the bargain.

After claiming Nigeria breached the terms of the contract, P&ID took a legal recourse and secured an arbitral award against the country.

On January 31, 2017, a tribunal ruled that Nigeria should pay P&ID $6.6 billion as damages, as well as pre-and post-judgment interest at 7 percent.

By 2023, the sum had risen to over $11 billion due to accrued interests.

After over five years of legal fireworks, Nigeria succeeded in halting the enforcement of the $11 billion arbitration award in favour of P&ID.

In a judgment delivered by email in October, Robin Knowles, justice of the Commercial Courts of England and Wales, upheld Nigeria’s prayer on the ground that the award was obtained by fraud.

In making his determination, Knowles said: “In the circumstances and for the reasons I have sought to describe and explain, Nigeria succeeds on its challenge under section 68″.

“I have not accepted all of Nigeria’s allegations. But the Awards were obtained by fraud and the Awards were and the way in which they were procured was contrary to public policy,” he added.

‘UPHOLDING PRINCIPLES OF JUSTICE’

In the letter to the attorney-general, Clark said: “I believe your tenure in this position comes at a pivotal time, where the need for upholding of the principles of justice and the rule of law has never been more important”.

“The judgment saved Nigeria from going into bankruptcy and international embarrassment,” he added in the letter copied to Ola Olukoyede, chair of the Economic and Financial Crimes Commission (EFCC).

“It is imperative that we ensure that justice is done to all individuals who have been indicted by the court in this matter.

“The consequences of this case have far reaching implications for our nation and it is our duty to resolve it in a fair and equitable manner without fear of favor, or ill will.

“Everyone indicted in the matter should be held equally accountable. Justice should run its course in an even handed manner and they should be no sacred cows.”