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Finally, Buhari Signs 2018 Budget with Reservations

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  • Finally, Buhari Signs 2018 Budget with Reservations

Amid lamentations and outright displeasure, President Muhammadu Buhari Wednesday in Abuja signed the 2018 Appropriation Bill into law.

“I am concerned about some of the changes that the National Assembly has made to the budget proposals that I presented,” he told the nation in a speech that evidenced bottled up anger, adding: “Notwithstanding the above stated observations, I have decided to sign the 2018 budget in order not to further slow down the pace of recovery of our economy, which has doubtlessly been affected by the delay in passing the budget.”

The reaction of the National Assembly to the veiled presidential indictment was swift and concise Wednesday with the Senate Deputy Majority Leader, Bala Ibn Na’Allah, who was at the signing ceremony, saying the legislature did its job in national interest, explaining that not being a rubber stamp of the executive, its estimates could not have returned to it without adjustments.

The president had presented N8.6 trillion estimates with $45 per barrel of oil bench mark price to the National Assembly in November last year, but the federal legislators increased the figures to N9.1 trillion having revised the oil price benchmark upwards to $51.

The president had hinted his objection to the upward review, preferring that the upward swing in oil price and its attendant extra cash to the national treasury ought to be used to reduce the budget deficit rather than increase expenditure since the shortfall was going to be financed by borrowing any way.

This conceptual disagreement had tactically delayed presidential assent to the appropriation bill.

But fearing that the impasse could slow down the already sluggish economic recovery, the president’s economic advisers urged him to sign the money bill with a caveat.

This was what Buhari did Wednesday, lamenting loudly, the decision of the National Assembly to unilaterally increase its own budget from N125 billion to over N139 billion, while cutting off N347 billion from the executive’s votes, promising to send a supplementary proposal to the legislature to rectify identified problem areas in the estimates.

The budget signing ceremony, which took place in the State House, was witnessed by Vice-President Yemi Osinbajo; Secretary to the Government of the Federation (SGF), Boss Mustapha; Chief of Staff, Abba Kyari; and ministers as well as National Assembly members.

The Senate President Bukola Saraki and Speaker of the House of Representatives Yakubu Dogara, who were absent at the event, were represented by the Deputy Senate Leader Bala Na’Allah, and House Chief Whip Ado Doguwa, respectively.

Buhari, who lamented the failure of the National Assembly to pass the budget before the end of last year in accordance with the executive plan to return the country to January – December budget cycle, observed that the development had a very significant accelerator effect on the financial plans of other tiers of government, and even more importantly, the private sector, which mostly operates on a January-December financial year.

However, he said the setback notwithstanding, he remained committed to the course of improving Nigeria’s budgeting process and sustain the vision to return the country to January-December budget cycle.

Buhari lamented that the National Assembly made budget cuts to the tune of N347 billion for critical 4,700 projects from the original proposal and introduced fresh 6,403 projects at the cost of N578 billion into the budget, which he said would be difficult to implement.

According to him, such budget cuts and fresh introductions would hamper the government’s plan to deploy the 2018 budget for the consolidation of the achievements of previous budgets and simultaneously deliver on Nigeria’s Economic Recovery and Growth Plan (ERGP) 2017-2020.

Regretting that the fresh projects introduced by the National Assembly into the budget neither had any cost placed on them nor were they conceptualised and designed hitherto, Buhari said the new projects were added to the budgets of ministries, departments and agencies (MDAs) without bearing in mind their capacity to implement them.

He also said a lot of the new projects were supposed to be executed by both the state and local governments, explaining that they had added to federal government’s burden.

The president then proceeded to list such projects removed by the National Assembly as well as their importance to the economy.

“The provisions for some nationally/regionally strategic infrastructure projects such as counter-part funding for the Mambilla Power Plant, Second Niger Bridge/ancillary roads, the East-West Road, Bonny-Bodo Road, Lagos-Ibadan Expressway and Itakpe-Ajaokuta Rail Project were cut by an aggregate of N11.5 billion,” he said of one the critical projects.

He added: “Similarly, provisions for some ongoing critical infrastructure projects in the FCT, Abuja especially major arterial roads and the mass transit rail project, were cut by a total of N7.5 billion. The provision for Rehabilitation and Additional Security Measures for the United Nations Building by the FCT, Abuja was cut by N3.9 billion from N4 billion to 100 million; this will make it impossible for the Federal Government of Nigeria to fulfil its commitment to the United Nations on this project.”

Saying the cuts would make the projects almost impossible to implement, he served notice that he would be approaching the legislature with a supplementary proposal to rectify the lapses he had identified.

“However, it is my intention to seek to remedy some of the most critical of these issues through a supplementary and/or amendment budget which I hope the National Assembly will be able to expeditiously consider,” the president added.

He said he was, however, glad that N1.5 trillion was spent on capital projects in the 2017 fiscal year, adding that the administration would work very hard to generate the revenues required to finance projects and programmes in the 2018 budget.

He also said a deficit budget, which he described as the borrowing plan of the government would be forwarded to the National Assembly very soon and urged the National Assembly to give the document a speedy consideration and approval.

National Assembly Reacts

But in a swift reaction to the president’s criticism of the handling of the budget by the National Assembly, Deputy Senate leader Na’Allah said the federal legislature was not disturbed by issues he raised.

According to him, it was impossible to have returned the budget to the executive the way it was submitted, explaining that the National Assembly had the responsibility to ensure that allocations in the budget were evenly distributed across the six geo-political zones of the country.

Promising that the National Assembly would treat the supplementary budget being proposed by the president with dispatch, Na’Allah also said if the National Assembly had approved allocations as proposed in the budget without looking at the merit, the legislature would not have been seen to have done its job as required.

Na’Allah also said delay in its passage as raised by the president could not be blamed on the National Assembly alone, recalling that the MDAs failed to appear for their budget defence until they were given marching orders by the president.

According to him, “The job of parliamentarians is a very difficult one. The way the budget came, if we had allowed it to go that way, we would have been in trouble with those who elected us. You have to balance between the six geo-political zones.

“It is the balancing efforts by the National Assembly that led to those observations and happily enough, he himself has said he is coming with a supplementary budget which will be dealt with as quickly as possible. I assure you about that one.”

On passage delays, he said: “The president is right, but at the same time, if you remember, you were here. The president had to order some MDAs to appear before the National Assembly for the purpose of defending their budgets.”

In his own reaction, Ado Doguwa, the Chief Whip of the House of Representatives, said Buhari had the freedom to raise the issues he brought up while signing the budget, observing that such issues were critical.

According to him, when the president eventually submits the proposed supplementary budget, the National Assembly will also have the freedom to examine the content.

He echoed Na’Allah that the delay in passing the budget was necessary because the legislature was not expected to merely return the Appropriation Bill as presented to it.

In its formal reply, the House of Representatives insisted the parliament was not a rubber stamp that could not exercise its constitutional powers to vet the budget proposal as presented to it by the executive.

Its spokesman, Abdulrazaq Namdas, in a statement, said: “We have to remind Mr. President that we are representatives of our people and wish to state that even the common man deserves a mention in the budget by including projects that will directly affect his life positively. Some of the projects designed by the executive, as high-sounding as their names suggest, do not meet the needs of the common man.”

Saying the legislative inputs were justifiable, he urged the president to ensure that the executive send the annual estimates to the legislature early enough.

“We are on the same page with Mr. President in his desire to return our budget cycle to January-December. By the provisions of the Fiscal Responsibility Act, 2007, the budget estimates should be with the National Assembly around September of the year,” he said, pointing out that the 2018 estimates came behind schedule in November 2017.

The Senate in a statement by its spokesman, Sabi Abdullahi, associated itself with the submissions of the House, promising a fuller statement in due course.

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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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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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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