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Bank Stops Patience Jonathan from Withdrawing $5.9m Money

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  • Bank Stops Patience Jonathan from Withdrawing $5.9m Money

The Economic and Financial Crimes Commission has barred Patience Jonathan, the wife of former President Goodluck Jonathan, from withdrawing money from a $5.9m account with Skye Bank, which was ordered to be unfrozen by a court last week.

This is just as the EFCC has begun fresh move to ensure that a separate $15m, which was traced to Patience, is permanently forfeited to the Federal Government.

It was learnt, on Monday, that Mrs. Jonathan was barred from operating the $5m account after a Federal High Court, sitting in Ikoyi, Lagos, ordered that the restriction on the account be lifted.

A reliable source said the EFCC was able to obtain a ‘stay of execution’, a court order obtained for the purpose of suspending the execution of a court judgment.

The source said, “Shortly after the judge ordered that the account be unfrozen, the EFCC quickly obtained a stay of execution in order to prevent her from having access to the money.

“The EFCC communicated with the relevant authorities at Skye Bank that it was important that she wasn’t allowed to withdraw the money or else, the whole purpose of the freezing would have been defeated.”

In a ruling on Thursday, Justice Mojisola Olatoregun set aside the ‘No-Debit Order’, which the EFCC had earlier placed on the account on allegations that the $5.9m found in it was proceeds of crime.

The judge upheld the contention of Patience’s lawyer, Mr. Ifedayo Adedipe (SAN), that his client’s account was unlawfully frozen by the EFCC.

Adedipe had urged the court to unfreeze Patience account on the grounds that she was not a party to the suit leading to the freezing order.

Citing judicial authorities, Adedipe contended that the suit was an abuse of court processes, contending that the court had no jurisdiction to make an order against someone who was not a party in a suit filed before the court.

Following the favourable court order, Mrs. Jonathan’s lawyer went before Justice Mohammed Idris of a Federal High Court in Ikoyi, Lagos, praying the judge to order the EFCC to release to Patience the sum of $15.591m, which was seized from four companies by the anti-graft agency.

Justice Idris adjourned to May 8, 2017 to decide whether or not to grant the prayer.

Impeccable sources within the EFCC, however, told our correspondent that the EFCC would do everything possible within the law to ensure that the money was never returned to Patience.

The fresh move by the EFCC is coming about three days after President Muhammadu Buhari instructed anti-graft agencies to stop losing court cases and do more diligent investigations.

The source added, “In line with the President’s directive, we are changing our strategy to ensure that court cases are not lost. We are covering all angles. We understand that the war against corruption is one of President Buhari’s cardinal goals.”

In an interview on Monday, Mrs. Jonathan’s lawyer, Adedipe, admitted that the bank had not allowed his client to withdraw money from the account, but disagreed with the notion that the account had been frozen again.

He explained that Skye Bank, rather than comply with the court’s order unfreezing the accounts, was banking on the fact that the EFCC had gone on appeal to challenge the unfreezing of the account and had also filed a stay of execution.

Adedipe said, “After the account was unfrozen, the EFCC filed an appeal and a purported stay of execution and on that basis, the bank has not given us access. I have told the bank that it risks litigation. I will not say more than that for now.”

The EFCC had, in June last year, arrested four domestic servants, including a driver and a houseboy, who allegedly operated bank accounts belonging to Patience.

Sources within the anti-graft agency said the identities of the domestic servants were used in opening the company accounts.

The companies are Pluto Property and Investment Company Limited, Seagate Property Development and Investment Company Limited, Trans Ocean Property and Investment Company Limited and Globus Integrated Service Limited.

The four company accounts, which have since been frozen by the EFCC, have a balance of about $15m while another account, which bears Patience Jonathan’s name, has $5m.

Mr. Sammie Somiari, who deposed to an affidavit on behalf of Patience, said the former first lady was the owner of the money in the accounts.

She had revealed that she gave millions of dollars to the then Special Adviser to the President on Domestic Affairs, Waripamowei Dudafa, to open an account for her.

He, however, claimed that Dudafa opened five accounts for Patience and that only one of the accounts was in her name, while the other four were opened in the names of companies belonging to Dudafa.

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.

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Ukraine Strikes Russian Fuel Depot, Sparking Fires in Belgorod Region

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Russian Mercenaries

The governor of Russia’s southern Belgorod region said on Sunday Ukrainian forces attacked a fuel depot, triggering a series of fires after Moscow and Kyiv accused each other of launching overnight attacks on border regions.

“The Ukrainian military, aided by lethal drones, attacked a fuel storage site in Volokonovsky district,” Vyacheslav Gladkov wrote on Telegram, referring to an area near the border.

“Several reservoirs caught fire in an explosion. Firefighting crews are putting out the blaze.”

Gladkov also reported drone attacks on three other localities. There were no casualties reported in the incidents.

In the overnight air attacks, Ukrainian officials said two people died and four were injured in Sumy region. Gladkov reported three civilians were injured in Belgorod.

Two children were among those injured in Sumy, the military administration of the northeastern Ukrainian region said on Sunday on Telegram. Several homes and cars were damaged.

In Belgorod region, three civilians, including two children, were injured. Gladkov said two residential buildings were destroyed and more than 15 buildings in total were damaged.

The Russian defence ministry said it had destroyed one drone over Belgorod region and another over Kursk region, where Ukrainian forces launched a cross-border incursion last month. It said two drones were intercepted over Belgorod overnight.

Border regions on both sides have been subject to frequent attacks. Both Moscow and Kyiv deny targeting civilians, saying the attacks are aimed at destroying each other’s infrastructure critical to war efforts.

Thousands of civilians have died in the war, which Russia started with a full-scale invasion on Ukraine in February 2022. Millions of Ukrainians have also been displaced, while their cities and villages have become piles of rubble

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

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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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