Former President Nigerian Bar Association (NBA) Dr. Olisa Agbakoba (SAN), at the weekend, hailed the judgment of the High Court of England granting Nigeria’s’ application for extension of time to challenge the arbitral award in favour of process and industrial development, stating that it is a welcome news for us all, otherwise Nigeria would pay $10 billion out of its lean purse to “essentially-crooked Irish persons.”
Agbakoba scored the government of President Muhammadu Buhari and the Attorney-General and Minister of Justice, Abubakar Malami full marks on the way this issue was handled
A statement signed by him reads: “The decision by Sir Ross Cranston, sitting as a Judge of the Queen’s Bench Division of the High court of England, on a Section 66/67 application by Nigeria for extension of time to challenge the Arbitral award in favour of Process and industrial development, is welcome news for us all, otherwise Nigeria would pay $10 billion out of its lean purse to essentially crooked Irish persons.
“The story of the massive fraud on Nigeria by these Irish does not need repeat. What is so tragic is the collusion by an entire government supporting, wittingly or not, what transpired. The government of president Buhari deserves full marks for a well fought legal battle, at least to this stage to persuade the English Judge, that even though Nigeria was well out of time to challenge the award, that on the basis of massive fraud in which the conduct of Nigeria’s counsel at Arbitration, was in issue, Nigeria successfully persuaded the Judge that English public policy would oppose the unwitting use of the English courts as an engine of fraud , merely because Nigeria failed to challenge the Award in good time.’’
It added: “The English Judge had no difficulty to declare that as a result of fraud by Process and Industrial, that Nigeria will be allowed time to prove it. This sets the path for a potential overturn of the fraudulent award in the English courts.
“As I, learned Attorney-General of the Federation, salute Abubakar Malami (SAN). I will invite him to consider the emplacement of a National Arbitration Policy and a transformational review of the legal framework relating to Arbitration, so that in cases, such as this, where all the connecting factors are Nigerian, there will no question of reference to foreign Arbitration.”
