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Why Foreign Investors Shun Nigeria

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nigeria economy

The frenzy about federal government’s plan to concession airport facilities was taking a high note until economics, entrepreneurs, aviators and politicians thawed at government’s intentions, the vacuity of its plan and how unprepared it is to really actualise the ideals of Public, Private Partnership (PPP) in the transportation industry and possibly other areas of the economy.

The government wants to concession first the four major airports in the country, and later the remaining 18 airports. It is also considering giving out the railways on concession. In fact, there is an indication that the government may give out the narrow gauge rails on concession to General Electric (GE).

Government is also looking at PPP on roads. Some of the roads may be given out to investors who would build them and recover their money through tolls. This plan is in addition to the deal already signed by government and Chinese government to construct the Calabar to Lagos rail line.

Obsolete Airport Facilities

Stakeholders, business moguls, top public servants, serving and retired and political office holders were among those who attended the conference on Privatisation and Concession of Nigerian Airports, organised by Checkin Nigeria, held at Sheraton Hotel, Lagos last weekend.

Speakers at the event justified the need for public, private partnership for the development of aviation infrastructure and noted that there is urgent need to rehabilitate the nation’s airports. While they supported concession, they noted that government has not put the right things in place, which would make the concession plan to work, looking at the fundamental issues that should be done before successful concession could be carried out.

It was the organiser of the conference; Michael Chikeka that first pointed out in his opening speech that there was no definition of the concession programme government wanted to carry out, what is to be given in concession and remarked that government does not honour its agreements. From hind site, Chikeka noted that it would be pertinent for government to have legal and administrative framework that would serve as guide and make agreement of such nature binding among players involved.

Through videoconference the political economist, Professor Pat Utomi lamented the decay of the nation’s airport infrastructure and noted that Nigeria is not maximising the opportunity offered to it by its sheer size, population, the hard work of her citizens and its location, which naturally should have made it a hub.

“As a country we continue to be challenged in our quest for progress because we missed the soft issues that are key to development. Unless our institutions are strong and our values are consistent, we cannot attract investors to invest in our country,” Utomi said.

He urged Nigeria to first grow a culture of institution building in order to attract investors.

“There is tendency not to realise that people calculate the risk involved in investing in Nigeria and other countries. The problem with Nigeria is that anybody that is in authority believes in arbitrariness and this creates uncertainty in investing in the country. There is regulatory risk in investing in Nigeria,” Utomi said.

He acknowledged that the airports are in deplorable states and therefore need urgent rehabilitation and now that government does not have the funds and is disposed to concession them, the investors ought to come and partner with government. But the impediment is that government did not create enabling environment for private sector investment in government owned facilities under the PPP arrangement.

Identification of Challenge

The Chairman of Airline Operators of Nigeria (AON), Captain Nogie Meggison observed in his presentation that government, despite its seeming preparedness to concession has not defined what should be given out in concession. Past experience showed that government concessioned airport terminals, but in the current case industry experts believe that to turn things around, government must have to define whether it would give out both the landside, which is the terminal and the airside of the airport, which harbours the runways, the landing aids, the airfield lighting, the ramp and taxiways.

Meggison noted that this is critical because if government gives only the terminal in concession, the industry may not move from where it was because one of the major challenges of airlines is not that there is no terminal through which the passengers would go through before boarding their flights, but that safety critical facilities are not at the airports for airlines to maximise daily operations.

For example, many airports in Nigeria do not have runway lights and this hinders airline operation.

“What are we concessioning? Nigeria at this stage needs airports that are of high standard so that the country can take its rightful place as a hub for West and Central Africa. We can take advantage of our population, location, oil and skilled manpower to become a hub. We need to privatise, concession or arrange a build, operate and transfer (BOT) or whatever forms because Nigeria does not have the funds.

“The International Air Transport Association (IATA) says in view of economic realities Nigeria needs to concession its airports. We need to get the airports and terminals going. The Nigerian economy has taken a plunge so we need to concession,” Meggison emphasised.

He expressed the regret that safety critical equipment, which could be found at various airports of the world, including that of the very poor nations are lacking at Nigeria’s airports. He remarked that in Nigeria poor visibility hamper air operation and recalled that at 2000 meters visibility that airplanes cannot land at some airports in the country, while in other countries, planes could land at extremely very low visibility of one-meter visibility.

“The benefits of concession include increase in efficiency, people will not lose their jobs and they will also earn bigger salaries. Once the facilities are running efficiently they will be paid commensurate salaries. Concession will help Nigeria to grow GDP in aviation sector, it will boost tourism and activities will be done more transparently.
“But what mode is the concession going to take? Will the concession include navigational aids, security, runways etc.? I hope government has taken into consideration the entire airport system and did a robust work on the concession programme,” Meggison said.

Lack of Government Support

Business mogul and the Chairman, Senate Committee on Privatisation, Senator Ben Bruce, in his presentation at the conference urged government “to take more than a cursory look at the aviation sector”, noting that the current recession Nigeria has been plunged into would be worse if people cannot travel fast from one destination to another and called on government officials to patronise domestic airlines when travelling outside the country.

He stressed that one of the setbacks that discourage private sector investment in Nigeria is government’s inability to honour its agreements and promised that the Senate will carry out a legislation that would make it obligatory for government to honour its agreements.

“Recession will be worse if people don’t move fast from place to place. In Nigeria 180 million people are services by 56 planes, but few people in government are serviced by 10 aircraft in the Presidential fleet. Government should lease aircraft to the airlines from the Presidential fleet, even if on temporary basis. To save these airlines government should reduce their taxes, work on their insurance. Ghana’s aviation sector is expanding at the mercy of Nigeria. Ghana is the new aviation hub in West Africa. This is because Ghana separated the critical sector of its economy from politics.

“Government does not have the managerial ability to run airports. Nigeria recruits people that run critical institutions on primordial sentiments. Government should fast track the process of the privatisation of airports,” the Chairman, Senate Committee on Privatisation said.

Confusion over Agreements

A former Director General, the Nigeria Civil Aviation Authority (NCAA) and presently with Flight Safety Foundation, Dr. Harold Demuren said in his presentation that government should keep to agreements adding, “when you don’t keep to agreements you destroy the industry.”

Demuren wanted to know which part of the facilities government wanted to concession, noting that there is the landside and the airside of an airport and government has not made it clear what it wants to concession.

“We don’t honour agreements. There is high risk in investing in aviation, which means the value of the assets will be low. To attract investors, the government must have to resolve all litigations on agreements before you go into another one. The airside of the airport needs huge capital investment,” Demuren said.

He noted that there are a lot of things to concession at the airports so government must have to define what it wants to concession and wanted to know what will happen to the rest of the airports after the four major ones were given out in concession.

He suggested that government should partner the state governments that have airports in their states to see how the other airports could be maintained.

Demuren also spoke on debts owed by the Federal Airports Authority of Nigeria (FAAN) to contractors, noting that some organisations also owe FAAN. He suggested that the government must dialogue to resolve most of these problems.

Concerning how to deal with FAAN workers when the airports are given out in concession, the former Director-General of NCAA said government should not be afraid to negotiate with labour unions but it has to be honest and urged government not to default on agreements, adding, “you have to be honest.”

“There are other questions that have to be asked. What will be the relationship between the concessionaires and other aviation agencies? How do you handle the nation’s security? In all these there should be good corporate governance. Presently there is undue political interference and this must stop. There is no good corporate governance in FAAN. I usually say that FAAN tries to use basket to fetch water. Government must also ensure that airlines are given the support they deserve because all these revolve around the airlines. You can’t be wrong supporting your own,” Demuren said.

In x-raying these issues, it is expected that government should review the observations of these experts in the industry and then review its concession programme with a mind to institute corporate governance, which would be the bedrock for the success of the programme.

Is the CEO and Founder of Investors King Limited. He is a seasoned foreign exchange research analyst and a published author on Yahoo Finance, Business Insider, Nasdaq, Entrepreneur.com, Investorplace, and other prominent platforms. With over two decades of experience in global financial markets, Olukoya is well-recognized in the industry.

Government

Ghana Ordered to Pay $111.5M to Power Company After U.S. Court Ruling

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ghana

The government of Ghana has been ordered to pay $111.5 million to Ghana Power Generation Company (GPGC) following a ruling by a District of Columbia Court in the United States.

This ruling was granted in favor of GPGC after Ghana failed to respond to an earlier tribunal ruling from the United Kingdom, which found the country in breach of a power purchase agreement.

The court’s decision comes after Ghana terminated its contract with GPGC on February 18, 2018. The UK tribunal, in its final award dated January 26, 2021, found that Ghana had violated its contractual obligations, resulting in significant financial damages for GPGC.

The tribunal initially awarded GPGC $134.3 million in damages, calculated using the Early Termination Payment formula as specified in the purchase agreement.

Ghana, however, did not comply with the tribunal’s verdict, prompting GPGC to pursue the matter in U.S. courts. On January 19, 2024, GPGC filed a lawsuit in the District of Columbia, citing the Federal Arbitration Act and the New York Convention, which provides for the recognition of international arbitration awards.

Court documents reveal that the petition was formally delivered to Ghana’s Ministry of Foreign Affairs and Regional Integration on January 23, 2024.

Despite receiving the legal documents, Ghana failed to respond to the court proceedings by the March 29, 2024, deadline. This non-response led the U.S. court to grant a default judgment in favor of GPGC.

Chief Judge James E. Boasberg emphasized that the arbitral judgment fell under the New York Convention, which requires member states, including the United States, to recognize and enforce international arbitration awards.

He further noted that Ghana had voluntarily submitted to international arbitration when entering the power purchase agreement, waiving its sovereign immunity in the process.

Although GPGC was not awarded pre-judgment interest, Ghana will be obligated to pay post-judgment interest at rates set by U.S. law.

This adds an additional financial burden to the $111.5 million judgment as the payment accrues further interest over time.

The country narrowly avoided a separate $11 billion arbitration award in the infamous P&ID case, which was eventually overturned due to findings of corruption and bribery.

However, in the GPGC case, multiple European courts have upheld enforcement orders, leaving Ghana with limited legal recourse.

The court’s decision is expected to place added pressure on Ghana as it faces mounting financial obligations related to international arbitration disputes.

GPGC has indicated that it will pursue all available legal avenues to ensure full recovery of the damages awarded by the tribunal, including possible enforcement actions in other jurisdictions.

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Zhongshang Fucheng Moves to Auction Nigerian Properties in UK Following $70M Arbitration Award

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Bola Tinubu

Zhongshang Fucheng Industrial Investment Ltd has escalated its efforts to collect a $70 million arbitration award from Nigeria by putting two residential properties in Liverpool up for sale.

This significant development follows a 2021 arbitration verdict against Nigeria, which remains unsettled.

The Chinese investment group has reportedly listed two buildings linked to the Nigerian government—15 Aigburth Hall Road and Beech Lodge, 49 Calderstones Road—on the global online marketplace eBay.

The move is part of a broader strategy to recover the outstanding $70 million, which includes a principal amount of $55,675,000, plus interest and legal costs, as stipulated by the arbitration verdict.

The arbitration stemmed from a dispute between Zhongshang Fucheng and Ogun State over a trade treaty violation.

The company claimed that Ogun State rescinded its rights to a free trade zone in 2016, prompting a legal battle that saw Zhongshang’s executives expelled from Nigeria.

The British court granted Zhongshang the authority to seize Nigerian assets in the UK after the Nigerian government failed to settle the arbitration judgment.

The seizure and subsequent auction of these properties mark a pivotal moment in the ongoing legal conflict.

The properties were confiscated because they were not classified as diplomatic or consular assets, making them subject to seizure under the court’s orders.

According to sources familiar with the situation, the properties are valued at approximately $2.2 million.

Zhongshang Fucheng has opted for an online auction to expedite the sale, aiming to reach a broad pool of potential buyers.

The decision to use eBay highlights the company’s commitment to transparency and swift asset recovery.

“This move is not just about recovering the funds; it’s a demonstration of our commitment to enforcing the arbitration award and ensuring that due process is followed,” said a consultant working with Zhongshang Fucheng, who spoke on condition of anonymity.

The Nigerian government, already grappling with similar arbitration cases, is facing increased scrutiny as European courts have granted enforcement orders in several countries, including the UK, Belgium, and France.

The ongoing conflict with Zhongshang Fucheng has intensified pressure on Nigerian authorities to address these legal and financial challenges more effectively.

In June 2024, the UK High Court, King’s Bench Division, ruled in favor of Zhongshang’s right to seize the Liverpool properties.

Master Lisa Sullivan’s ruling emphasized that the properties were used for commercial purposes, thereby excluding them from sovereign immunity protections.

The case against Nigeria underscores broader issues related to international arbitration and asset recovery, reflecting a growing trend of global legal disputes over state assets.

For Zhongshang Fucheng, the auction of the Liverpool properties represents a critical step in securing the funds awarded by the arbitration panel.

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Government

NLC Prepares for Protest Against Alleged Intimidation of President Ajaero by Police

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Joe Ajaero

The Nigeria Labour Congress (NLC) has announced plans for mass protests and industrial action in response to what it describes as the harassment and intimidation of its president, Joe Ajaero.

This decision follows a summons by the Nigeria Police, accusing Ajaero of involvement in criminal conspiracy, terrorism financing, treasonable felony, subversion, and cybercrime.

In a communique issued at the end of an emergency meeting held on Tuesday, the NLC expressed outrage at the police’s actions and warned that if any harm befalls Ajaero or any other leader of the labour movement, the organization would mobilize its members for nationwide protests.

The congress also hinted at industrial action in defense of its leadership, which it views as being under attack.

“The Congress will not hesitate to take all necessary actions, including mass protests and industrial actions, to protect the integrity and independence of the labour movement,” read the communique signed by Sani Minjibir, Deputy President of the NLC.

“If anything happens to the President of the Congress or any other leader in furtherance of these tendentious allegations by the state, we will not stand idle.”

The NLC further called upon civil society groups and the general public to stand in solidarity with the labour movement, describing the situation as a fight against “injustice and oppression.”

The congress urged Nigerians to defend the country’s democratic values and support their cause in what they see as a critical moment for the future of the labour movement in Nigeria.

The controversy began earlier this week when the police issued an invitation to Ajaero, asking him to report to their Intelligence Response Team (IRT) in Abuja on Tuesday, August 20th, 2024.

The police warned that a warrant for his arrest would be issued if he failed to comply. According to the invitation, Ajaero is being investigated for a range of serious charges, including terrorism financing and cybercrime.

However, Ajaero’s legal counsel, led by renowned human rights lawyer Femi Falana, responded to the police on Tuesday, citing the short notice of the invitation as the reason Ajaero could not attend on the scheduled date.

The letter stated that Ajaero had prior engagements and requested an extension to Wednesday, August 29th, 2024. Falana also demanded detailed information regarding the allegations against Ajaero.

In its communique, the NLC condemned the invitation as a form of “witch-hunting, intimidation, and harassment,” insisting that the charges against Ajaero were politically motivated and intended to weaken the labour movement.

The NLC described the police’s actions as a blatant attempt to silence the leadership of the workers’ movement, warning the government to desist from further antagonizing its leaders.

“We view this as a calculated attempt to weaken and destabilize the labour movement, which has always stood as a bastion of democratic principles and the voice of the Nigerian masses,” the statement continued. “We remain resolute in our commitment to defending the rights and interests of workers and the Nigerian people. We shall not be cowed or intimidated by these desperate attempts to silence us.”

In anticipation of further escalation, the NLC directed its affiliate unions and state councils to begin mobilizing members across the country, stating that it is prepared to take any measures necessary to protect its leadership and the integrity of the labour movement.

The NLC warned the government that any attempt to undermine their rights or freedoms would be met with fierce resistance, including potential strikes and mass actions across Nigeria.

As the deadline for Ajaero’s appearance before the police approaches, tensions between the government and the labour union continue to rise.

The outcome of this confrontation could have far-reaching implications, not only for the leadership of the NLC but also for the broader landscape of Nigeria’s labour and civil rights movements.

The NLC has vowed to stand firm, declaring that it will continue to fight for justice, fairness, and the rule of law in Nigeria.

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