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Federal High Court Permits Shell, Global Gas To Pursue out-of-court Settlement in $1.3 Billion asset dispute…

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The Federal High Court has permitted the Shell Petroleum Development Company of Nigeria Limited and Global Gas and Refining Limited to explore an out-of-court settlement regarding the latter’s allegation that Shell failed to supply wet gas in accordance with the terms of a Gas Processing Agreement dated March 15, 2002.

 

Justice Inyang Ekwo approved the parties’ move to settle on Monday, September 23, 2024, in the suit filed by Global Gas’s legal team.

 

 

The applicant seeks an order restraining the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from “approving, authorizing, consenting to, or otherwise granting permission for the ($1.3 billion) sale/divestment of the assets of the (SPDC) 1st Respondent” to Renaissance Consortium.

 

 

Claims and Counterclaims 

The Executive Chairman of Global Gas, Mr. Ken Yellowe, had stated before the court that his company instituted arbitral proceedings against Shell, alleging that it failed to supply wet gas in line with the terms of the Gas Processing Agreement dated March 15, 2002.

 

Yellowe, through his lawyer, Patrick Ikweato (SAN), stated that unless the court grants an order temporarily safeguarding the “assets” in dispute from being sold, its 2002 business deal with Shell may be jeopardized.

 

 

The applicant further submitted that the dispute is already before the Supreme Court of Nigeria, but the NUPRC is not a party at that apex court, hence the need for the trial court to restrain the statutory agency of the Federal Government of Nigeria.

 

“In the event of such a scenario, the Applicant will be without any remedy for settling the subsisting dispute over the manifest breach/violation of the 1st Respondent’s obligations to supply Rich Gas to the Applicant as agreed in the GPA dated March 15, 2002.

 

 

The instant application for the grant of an Interim Measure of Protection merely seeks to preserve the Applicant’s rights against the intended divestment/sale of SPDC’s onshore facilities as publicly announced by its parent company, Shell PLC,” Yellowe stated in an affidavit.

 

 

In the applicant’s further affidavit, Celestine Ezeokeke stated that he was aware that while the suit is pending before the court, “the NUPRC publicly announced/advertised that it has begun due diligence for the divestment of the Shell Petroleum Development Company (SPDC) assets, totaling crude oil and condensates of 6.73 billion barrels reserve, to Renaissance African Energy Company Limited (Renaissance).”

 

SPDC’s legal team, in a counter-affidavit , maintained that it “did not sell its onshore assets and facilities in Nigeria to anyone.”

 

The submissions by SPDC’s legal team before the Federal High Court in Abuja came about six months after its parent company, Shell Plc, announced it had reached an agreement to sell its Nigerian onshore oil assets to the local consortium for over $1.3 billion, pending government approval.

 

However, in its counter-affidavit, SPDC’s Legal Counsel, Global Litigation (Sub-Saharan Africa), Mr. Kingsley Osuh, informed the court that the dispute between his company and Global Gas is already before the Supreme Court for final determination.

 

 

 

He added that the transaction with Renaissance was not an asset sale but a share sale transaction whereby the SPDC’s shareholder agreed to sell its shares in the SPDC to a company called Renaissance.

 

“The share sale transaction did not and will not affect the 1st Respondent’s 30% participating interest in eighteen (18) Oil Mining Leases (“OML”) that are currently part of the 1st Respondent’s Joint Venture, with the 1st Respondent as Operator of the unincorporated Joint Venture with the Nigerian National Petroleum Company Limited, Total Energies EP Nigeria Limited, and Nigerian Agip Oil Company,” Shell stated.

 

 

He added that the applicant’s claims are for liquidated sums, that is, a compensation figure for an alleged breach of contract, stating that if its claim is upheld by the courts, the SPDC, as a corporate entity, is capable of paying the compensation to the applicant.

 

What Transpired in Court

At the resumed sitting on Monday, Justice Ekwo said that at the last proceedings, the applicant’s lawyer, Ikweato, applied to the court to allow the parties to explore an out-of-court settlement.

 

Ikweato responded that he had written to Shell several times regarding that settlement and eventually received a letter from Shell last Friday.

 

 

Last Friday, we got a letter from the first respondent (Shell). My Lord, the interesting thing is that despite all that we said in that letter, the first respondent has now agreed to present the proposal for the settlement to the Joint Venture Partners.

 

“So in that spirit, I pray that your Lordship will give us another date to see what comes out,” he said while drawing the court’s attention to other pending applications in the matter.

 

Chukwuka Ikwuaso SAN, counsel for Shell, confirmed that his client did send a letter to the plaintiff’s counsel.

 

He suggested that the matter be adjourned for a report on settlement or hearing.

 

 

So that if by the next time we come, the parties have not settled, we can proceed with the hearing,” he added.

 

Ekwo stated that he wants to allow the parties to explore out-of-court settlement if they wish.

 

“I don’t want to interfere in the parties’ settling. I will give some days; if you come back and say you’ve not settled, I will know the proper order to make,” Ekwo said, adjourning the case to November 11, 2024, for a report on the settlement.

 

Backstory

 

In 2021, Shell announced its intention to divest its Nigerian onshore assets due to the incompatibility of its long-term energy transition strategy with the challenges of operations in Nigeria, marked by theft and oil spills.

 

 

After a pause in the divestment process in 2022, Shell resumed talks in June 2023 to sell its 30% interest in the joint venture known as SPDC, which operates onshore and in shallow-water oil and gas fields.

 

With President Bola Tinubu’s new administration, which began in May 2023, advisers recommended closing outstanding divestments sought by international oil producers to enhance petroleum output.

 

Some months ago, NUPRC established a divestment framework to oversee the evaluation of applications for ministerial consent regarding the Shell Petroleum Development Company of Nigeria Ltd. (SPDC) divestment process.

 

 

However, civil society groups, led by Amnesty International, have called on the Nigerian government to block Shell Plc’s proposed sale of its onshore oil business in Nigeria.

 

Renaissance Consortium stated, “We are pleased to announce the signing of a landmark transaction with Shell International PLC to acquire its entire shareholding in The Shell Petroleum Development Company of Nigeria Limited (SPDC).”

 

Renaissance, a company comprised of Petrolin Group, has been a preferred partner in the petroleum sector, supporting African business opportunities by connecting them with global realities.

 

 

For the Shell Petroleum Development Company of Nigeria Limited (SPDC) deal with Renaissance Consortium, NUPRC later revealed that documents have been submitted by SPDC and are “undergoing due diligence.”

 

Meanwhile, in a statement on September 11, 2024, NUPRC’s Head of Public Affairs and Corporate Communication, Mrs. Olaide Shonola, denied reports claiming that the Commission has accepted Shell International Plc’s bid to sell its onshore assets to Renaissance in a transaction worth $1.3 billion.

 

 

As part of the Commission’s commitment to transparency and accountability, it will communicate its position on the transaction to the public at the appropriate time. Industry stakeholders and the general public are advised to disregard the publication as it is baseless.”

 

 

NAIRAMETRICS.

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FALSE CLAIMS STEMMING FROM MISINTERPRETED BOARDING VIDEO POST

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Our attention has been drawn to a video circulating online and on social media on the boarding of Air Peace passengers on flight P47123 from Abuja to Lagos on December 20, 2024. This report is false, mischievous and misleading.

The false video post was designed by some faceless individuals with the intent of misleading the flying public to cause confusion and distraction for management of Air Peace and its stakeholders including the regulators.

On the day in question, there were flight delays because of poor weather conditions, specifically harmattan-induced haze and fog, which is common at this time of the year, and which significantly limits visibility and impacts flight operations nationwide.

To ensure that passengers continued their journeys with minimum disruptions, Air Peace deployed three aircraft to Abuja to evacuate all the passengers. While processing them for their flights at the boarding gate, passengers overwhelmed both the FAAN and boarding officers and rushed to the airside. Duty managers and ramp officials then had to mount barricades in front of the motorized step to differentiate passengers on flights.

While we empathize with you, our loyal customer, we condemn in very strong terms the misinformation, insults and deliberate falsehood disseminated in the video post. Such representations are not reflective of our values or operations.

There is no truth in the allegation, and we urge the public to disregard the report in all its entirety.

We appreciate your understanding and patience during this period and sincerely regret any inconvenience these delays may have caused you. The safety of our passengers and crew is our utmost priority.

At Air Peace, safety is not just a priority but a fundamental precondition for all our activities. We remain committed to maintaining safe and timely operations.

For further assistance or inquiries, please contact us via callcenter@flyairpeace.com.

 

 

SIGNED

Dr. Ejike Ndiulo

Head, Corporate Communications

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Christmas, Cash Scarcity and Attacks against CBN’s Proactive Stance – Toni Kan

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Let us look at a few figures……..

Nigeria’s population is put at a little over 200 million people while the UK population is about 68 million. This means that the Nigerian population is about three (3) times that of the UK.

As at June 2023, the UK banking system had about 49,421 Automatic Teller Machines and almost 2.3 million Point of Sales Terminals.

By contrast, the Nigerian banking system had a little over 22,600 ATMS according to TechCabal and is projected to reach 29,000 by 2029 according to Statista. Conversely, Nigeria boasted 1,665,664 POS terminals as at December 2022. Meanwhile, figures attributed to Inlaks, which is described as Nigeria’s biggest ATM operator, suggest that Nigeria needs at least 60,000 ATM machines to serve its population of over 200 million.

Where is all this going? Well to borrow a phrase from the comedian, Jeff Foxworthy; hold my beer, sir!

Those who know me well know what my favourite Igbo proverb is. It goes something like this in translation – “the disease that gives you warning, does not kill you!” It is a proverb that underlines the imperative of proactivity, what the Igbo people might call igba mbo.

So, I was really pleased when I read that the Central Bank of Nigeria (CBN) was taking a proactive step to ensure that there is no cash scarcity this Christmas.

Nigerians love cash and that love can become obsessive and reach fever pitch at festive periods. Have you been to Abeokuta during Ojude Oba? Or to Kano during the Durbar? Or Onitsha during Ofala? Those are regional festivities. So, you can imagine what happens at Christmas!

All efforts at driving a cashless policy and economy seem to collapse when festivities come around the corner and this year, the CBN was quick to take proactive action weeks before the festivities reach fever pitch. But the apex bank’s interventions seem to be having unintended consequences even though as at the time of writing this, the apex bank had put out three (3) different circulars and one press release around the issue.

First, is a not-so-surprising pushback from the banks and then a seeming lack of understanding by the general public no thanks to rampant mis-information.

The issue of cash scarcity around the Christmas period worsened under the sway of Godwin Emefiele at the CBN. The fall-out from the disastrous naira redesign he superintended over at the apex bank continues to haunt our banking vaults but Olayemi Cardoso and team are focused on making sure we turn that dark corner.

Let us begin with the first circular dated November 29, 2024: “Cash Availability Over the Counter in Deposit Money Banks (DMBs) and Automated Teller Machines (ATMs).” The circular had two sections: DMBs were directed to ensure efficient cash disbursement to customers Over the Counter (OTC) with the CBN insisting that it will enforce the directive and ensure compliance.

Secondly, members of the general public were encouraged to report instances where they are unable to get cash Over the Counter or through ATMs. The CBN ended with a list of 37 email addresses and phone numbers across the 36 states and FCT for reporting issues.

On paper, it looked like Nigerians and the cash worries were all sorted this Christmas but it didn’t take time for the expected pushback to occur. News reports began to circulate of long queues at banks and of ATMs struggling to dispense more than N10,000. “NAN reports that long queues have emerged at ATM stands around the city as residents struggle to have access to cash…Meanwhile POS operators are currently taking advantage of the situation to demand exorbitant charges on transactions.”

While Nigerians were still trying to make sense of the reason behind the long queues, another report had an official of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASBIFI) pointing fingers. According to the report, “ASSBIFI President, Olusoji Oluwole, told the Punch that “Banks have only two sources of cash: the CBN and retailers. The CBN has not met banks’ demands, and retailers often sell cash for profit, making it harder for banks to access funds.”

As if in response to the charge, the apex bank responded “with their full chest” as we say on social media with a December 13, 2024 circular – Updated Penalty on Inappropriate Cash Disbursement Practices by Deposit Money Banks (DMBs) in which it condemned the “illicit flow of mint banknotes to currency hawkers and other unscrupulous economic agents that commodify naira bank notes thus impeding efficient and effective cash distribution to banks’ customers and general public.”

Giving bite to the circular the CBN said any bank found culpable of “facilitating, aiding or abetting, by direct actions or inactions, illicit flow of mint banknotes” would be fined N150m and then hit with the full weight of the relevant provisions of BOFIA 2020.

This time no pointing fingers were seen but the CBN was not done. Eager to completely squelch rumours around “the validity or lack thereof of the old ₦1000, ₦500, and ₦200 banknotes” the refusal of which was contributing to the long queues, the CBN issued a press release shutting it down: “The Central Bank of Nigeria (CBN) has observed the misinformation regarding the validity of the old ₦1000, ₦500, and ₦200 banknotes currently in circulation….the CBN wishes to reiterate that the subsisting Supreme Court ruling granted on November 29, 2023, permits the concurrent circulation of all versions of the ₦1000, ₦500, and ₦200 denominations of the Naira indefinitely.”

The third circular from the CBN which it said was in line with its “ongoing efforts to advance a cash-less economy” seems to have hit a raw nerve among Nigerians who, as we have already noted, love their cash even though it is now an offence to spray the naira.

News outlets also seemed to also get it wrong. The CBN circular of December 17, 2024 did not put a limit on how much cash you and I can withdraw from banks. The limits imposed in the circular titled – CIRCULAR ON CASH-OUT LIMITS FOR AGENT BANKING TRANSACTIONS – are “for agency banking operations” and as reported by TheCable is among interventions intended to address “identified challenges, combat fraud and establish uniform operational standards across the industry.”

Now, can I have my beer back as I attempt to outline how easily well-intentioned policies are rubbished by that euphemistically named malady known as the “Nigerian factor”.

The ASBIFI official was quick to point fingers even though simple logic can show that Over the Counter cash scarcity and at ATMs has little to do with the CBN or its cash distribution operations but with our Nigerian any-how-ness.

Let’s consider this. How is it that banks cannot fill up 22,600 ATMS, most of which are within or in close proximity to their branches but can afford to give cash to 1.6m PS operators? Doesn’t this seem to suggest that someone is out to make sure that the ATMs don’t have cash while the PoS operators continue to make a killing?

And why does it seem right that Nigerians should continue to pay between N250 and N400 per N10,000 withdrawals to PoS operators when ATM charges are far lower at N35 and only after you have made multiple withdrawals from other bank ATMs?

Oh, bankers have said ATMs are difficult to maintain on account of several factors and this takes us back to the figures we shared from the UK. Of the 49,421 ATMs in the UK, “78% were free to use” during the period under reference. So, why do we always talk about maintenance when it comes to Nigeria? Imagine if we paid N10 per ATM transaction, wouldn’t that be better than paying N250 to a PoS operator for every N10,000 withdrawn?

And for context, in 2014, data on various e-payment channels indicated that Automated Teller Machines (ATMs) remained the most patronised payment mode in Nigeria accounting for 89.7% of all electronic transactions with PoS transactions accounting for just 4.58 per cent. Today, the reverse is the case and the question to ask remains; what changed? The answer has something to do with financial inclusion but that is a topic for another day.

As you ponder that poser, ask yourself why is it always difficult to get mint bank notes over the counter in the banks meanwhile, step into any event center and you will see some hawker waving bright new notes in your face. Surely, they don’t get those notes from the CBN.

When the CBN referenced the Supreme Court ruling granted on November 29, 2023 to the effect that the old notes are still legal tender, their X Formerly Twitter page was filled with bile. But what many are failing to contend with is that the current leadership is only trying to make sure the mess they inherited doesn’t get worse.

As we prepare for Christmas and the New Year the advice is simple; go to your bank and ask for your money or withdraw from the ATMs and if you suspect any funny business, email or call the hotlines provided by the CBN.

Say no to any-how-ness this yuletide.

 

Toni Kan is a PR expret and financial analyst.

 

 

 

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Aviation Minister Leads Delta APC Leadership To National Chairman, Advocates Unity Ahead of 2027 Elections

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The Honourable Minister of Aviation and Aerospace Development, Olorogun Festus Keyamo SAN, today, led the leadership of the All Progressives Congress (APC) in Delta State, to the National Chairman of the APC, His Excellency Dr. Abdullahi Ganduje, at the APC National Headquarters in Abuja.

 

During the meeting, the Delta APC leaders briefed the National Chairman on the current state of the party in the state and the ongoing efforts to reconcile party members. They presented the report of the Reconciliation Committee, which has been approved by the Delta State APC State Working Committee (SWC) and earlier submitted to the National Chairman.

The delegation emphasized the importance of collaboration, stating that the era of a one-man leadership style in Delta APC is over. They reaffirmed their collective commitment to working as a united team to reposition the party and strengthen its prospects ahead of the 2027 general elections. This new direction was evident in the composition of the high-powered delegation that visited the National Chairman.

 

In his response, the National Chairman, Dr. Abdullahi Ganduje, commended the Delta APC leadership for their efforts to foster unity and ensure the party’s victory in future elections. He assured them of his commitment to work with Delta APC leaders, including those absent from the meeting, to build a united and formidable front. During the meeting, Dr. Ganduje also spoke with Delta State APC Chairman, Elder Omeni Sobotie, who was unavoidably absent due to health reasons, and wished him a swift recovery following his recent surgery.

 

The delegation to the meeting comprised prominent leaders of the Delta APC, including: Olorogun O’tega Emerhor, OON-Founding Leader of APC in Delta State,

Elder Godsday Orubebe- Former Minister,

Senator Ede Dafinone,

Senator Joel Thomas-Onowakpo,

Rev. Francis Waive- Member, House of Representatives and

Hon. Victor Ochei-former Speaker, Delta State House of Assembly.

The meeting was concluded with a renewed sense of purpose among the Delta APC leaders and a shared commitment to repositioning the party for electoral success in 2027.

 

 

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