A UK Court of Appeal has dismissed a challenge by Seamus Andrew, a director of Process and Industrial Development (P&ID), to revive a controversial $11 billion arbitration award against Nigeria. The latest ruling reaffirms a December 2023 judgment by the High Court that overturned the 2017 award, originally set at $6.6 billion before ballooning due to interest.
Mr. Andrew, who became a director of P&ID in 2017 after acquiring a stake through Lismore Capital Limited, had attempted to bypass the trial judge’s refusal of leave to appeal by applying directly to the appellate court. The appeal judges—Sir Julian Flaux, Lord Justice Phillips, and Lord Justice Jeremy Baker—found the move procedurally flawed, citing non-compliance with Civil Procedure Rules and noting that Andrew’s application was filed more than five weeks late.
The High Court had previously found overwhelming evidence of fraud and corruption, including bribery of Nigerian officials and improper possession of privileged documents by P&ID and its agents. Justice Robin Knowles concluded that the contract with Nigeria was tainted from inception, with P&ID obtaining internal legal documents from Nigeria’s Ministry of Petroleum Resources without authorization, and using them during arbitration.
The damning ruling in October 2023 was a victory for Nigeria, which argued the arbitration process was manipulated to extract billions from the country. Justice Knowles had scathingly described P&ID’s conduct as motivated by greed and reliant on systemic corruption.
This marks a major milestone in Nigeria’s long-running legal battle to nullify the award tied to a 2010 gas supply deal that never materialized. With the appeal now quashed, the December 2023 judgment setting aside the $11 billion award remains firmly in place.
Swifteradio.com
