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Court Halts Sale of 9mobile, Shareholders Led by Mangal Demand $43.3m Refund

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  • Court Halts Sale of 9mobile, Shareholders Led by Mangal Demand $43.3m Refund

Justice Binta Nyako of the Federal High Court, Abuja, Wednesday stopped the planned sale of 9mobile (formerly Etisalat Nigeria) following the opposition to the transaction raised by some aggrieved shareholders of the company.

Justice Nyako gave the order stopping the sale while ruling on an ex parte motion brought by the shareholders.

One of the companies said to be a shareholder in 9mobile and is a plaintiff in the suit, is owned by Katsina businessman, Alhaji Dahiru Mangal.

The order by the court will put a spanner in the bid by Teleology, which emerged preferred bidder in the sale process for 9mobile.

Teleology last month paid a $50 million non-refundable deposit for 9mobile and was given 90 days to pay the balance of $450 million to conclude its acquisition of the telecoms firm.

But Afdin Ventures Limited and Dirbia Nigeria Limited, who claimed to be “major investors” in Etisalat Nigeria, which was renamed 9mobile after the company’s Abu Dhabi-based investors – Etisalat Group – exited the Nigerian telco last year, complained of being left out in the firm’s decision making and are demanding a refund of their investment in 9mobile to the tune of $43,330,950.

The suit marked: FHC/ABJ/CR/288/2018 has Karlington Telecommunications Ltd, Premium Telecommunications Holdings NV, First Bank of Nigeria Plc, Central Bank of Nigeria, Etisalat International Nigeria Ltd and Nigerian Communications Commission (NCC) as defendants.

Ruling on the ex parte moved by plaintiffs’ lawyer, Mahmud Magaji (SAN), the court held that “an order is made for the maintenance of status quo as at today”.

Justice Nyako, however, added that the defendants ought to be heard and consequently ordered the service of processes on the defendants, including the 3rd and 5th (First Bank and 9mobile/Etisalat), whose addresses are outside the jurisdiction of the court.
The court in addition ordered that “the writ be marked as concurrent” and adjourned to May 14 for mention.

In a statement of claims, the plaintiffs said that they bought shares in Etisalat from the 1st and 2nd defendants (Karlington Ltd and Premium Holdings) through a private placement memorandum in which the 3rd defendant (First Bank) served as the custodian of the plaintiffs’ share certificates.

According to them, the 1st plaintiff (Afdin Ventures) bought 1,300,391 Class A Shares at $13,003,910, which it paid for on August 14, 2009; the 2nd plaintiff (Dirbia Ltd) acquired 3,300,004 Class A Shares at $30,030,040, for which it made payment on September 3, 2009.
The plaintiffs said they paid for the shares through the 1st and 2nd defendants’ First Bank accounts.

In a supporting affidavit, the general manager of the 1st plaintiff and a director in the 2nd plaintiff, Sani Ibrahim, claimed that the problem with 9mobile resulted from the mismanagement of its funds.

He said the plaintiffs’ grouse arose from not only the firm’s mismanagement, but its inability to declare dividends from 2009 to date and the attempt by the defendants to conduct a clandestine sale of the company to the detriment of the plaintiffs.

Ibrahim stated that in 2015, the 1st, 2nd and 5th defendants took several loans from 13 Nigerian banks with a view to expanding and boosting their telecoms business, but the money was not properly utilised, leading to heavy indebtedness by 1st, 2nd and 5th defendants.

He added that owing to the resultant indebtedness, the 1st and 2nd defendants rebranded the 5th defendant (Etisalat) and changed its name to 9mobile with a view to selling it off and obtaining money to pay its numerous debts.

According to Ibrahim, “The 1st, 2nd, 3rd and 5th defendants have failed to declare dividends on the shares of the plaintiffs since 2009 till date.

“The 1st, 2nd, 3rd and 5th defendants have completed arrangement to sell the rebranded 9mobile to Smile.Com and Glo Network, among others, without the knowledge of the plaintiffs, who are its major investors.

“If not restrained, the 1st, 2nd, 3rd and 5th defendants will sell Etisalat Nigeria (also known as 9mobile) and disappear with the plaintiffs’ investment.”

The plaintiffs want the court to, among others, declare that the planned sale of 9mobile without paying the plaintiffs the money that they invested in the telecoms firm is unlawful.

They also urged the court to order the 1st, 2nd, 3rd and 5th defendants to refund to the plaintiffs the sum of $43,330,950 with which they bought 4,303,395 shares at $10 per share.

The plaintiffs equally prayed the court to award N1 billion in general damages against the defendants and in their favour.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Crude Oil

Dangote Mega Refinery in Nigeria Seeks Millions of Barrels of US Crude Amid Output Challenges

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The Dangote Mega Refinery, situated near Lagos, Nigeria, is embarking on an ambitious plan to procure millions of barrels of US crude over the next year.

The refinery, established by Aliko Dangote, Africa’s wealthiest individual, has issued a term tender for the purchase of 2 million barrels a month of West Texas Intermediate Midland crude for a duration of 12 months, commencing in July.

This development revealed through a document obtained by Bloomberg, represents a shift in strategy for the refinery, which has opted for US oil imports due to constraints in the availability and reliability of Nigerian crude.

Elitsa Georgieva, Executive Director at Citac, an energy consultancy specializing in the African downstream sector, emphasized the allure of US crude for Dangote’s refinery.

Georgieva highlighted the challenges associated with sourcing Nigerian crude, including insufficient supply, unreliability, and sometimes unavailability.

In contrast, US WTI offers reliability, availability, and competitive pricing, making it an attractive option for Dangote.

Nigeria’s struggles to meet its OPEC+ quota and sustain its crude production capacity have been ongoing for at least a year.

Despite an estimated production capacity of 2.6 million barrels a day, the country only managed to pump about 1.45 million barrels a day of crude and liquids in April.

Factors contributing to this decline include crude theft, aging oil pipelines, low investment, and divestments by oil majors operating in Nigeria.

To address the challenge of local supply for the Dangote refinery, Nigeria’s upstream regulators have proposed new draft rules compelling oil producers to prioritize selling crude to domestic refineries.

This regulatory move aims to ensure sufficient local supply to support the operations of the 650,000 barrel-a-day Dangote refinery.

Operating at about half capacity presently, the Dangote refinery has capitalized on the opportunity to secure cheaper US oil imports to fulfill up to a third of its feedstock requirements.

Since the beginning of the year, the refinery has been receiving monthly shipments of about 2 million barrels of WTI Midland from the United States.

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Oil Prices Hold Steady as U.S. Demand Signals Strengthening

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Oil prices maintained a steady stance in the global market as signals of strengthening demand in the United States provided support amidst ongoing geopolitical tensions.

Brent crude oil, against which Nigerian oil is priced, holds at $82.79 per barrel, a marginal increase of 4 cents or 0.05%.

Similarly, U.S. West Texas Intermediate (WTI) crude saw a slight uptick of 4 cents to $78.67 per barrel.

The stability in oil prices came in the wake of favorable data indicating a potential surge in demand from the U.S. market.

An analysis by MUFG analysts Ehsan Khoman and Soojin Kim pointed to a broader risk-on sentiment spurred by signs of receding inflationary pressures in the U.S., suggesting the possibility of a more accommodative monetary policy by the Federal Reserve.

This prospect could alleviate the strength of the dollar and render oil more affordable for holders of other currencies, consequently bolstering demand.

Despite a brief dip on Wednesday, when Brent crude touched an intra-day low of $81.05 per barrel, the commodity rebounded, indicating underlying market resilience.

This bounce-back was attributed to a notable decline in U.S. crude oil inventories, gasoline, and distillates.

The Energy Information Administration (EIA) reported a reduction of 2.5 million barrels in crude inventories to 457 million barrels for the week ending May 10, surpassing analysts’ consensus forecast of 543,000 barrels.

John Evans, an analyst at PVM, underscored the significance of increased refinery activity, which contributed to the decline in inventories and hinted at heightened demand.

This development sparked a turnaround in price dynamics, with earlier losses being nullified by a surge in buying activity that wiped out all declines.

Moreover, U.S. consumer price data for April revealed a less-than-expected increase, aligning with market expectations of a potential interest rate cut by the Federal Reserve in September.

The prospect of monetary easing further buoyed market sentiment, contributing to the stability of oil prices.

However, amidst these market dynamics, geopolitical tensions persisted in the Middle East, particularly between Israel and Palestinian factions. Israeli military operations in Gaza remained ongoing, with ceasefire negotiations reaching a stalemate mediated by Qatar and Egypt.

The situation underscored the potential for geopolitical flare-ups to impact oil market sentiment.

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Shell’s Bonga Field Hits Record High Production of 138,000 Barrels per Day in 2023

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Shell Nigeria Exploration and Production Company Limited (SNEPCo) has achieved a significant milestone as its Bonga field, Nigeria’s first deep-water development, hit a record high production of 138,000 barrels per day in 2023.

This represents a substantial increase when compared to 101,000 barrels per day produced in the previous year.

The improvement in production is attributed to various factors, including the drilling of new wells, reservoir optimization, enhanced facility management, and overall asset management strategies.

Elohor Aiboni, Managing Director of SNEPCo, expressed pride in Bonga’s performance, stating that the increased production underscores the commitment of the company’s staff and its continuous efforts to enhance production processes and maintenance.

Aiboni also acknowledged the support of the Nigerian National Petroleum Company Limited and SNEPCo’s co-venture partners, including TotalEnergies Nigeria Limited, Nigerian Agip Exploration, and Esso Exploration and Production Nigeria Limited.

The Bonga field, which commenced production in November 2005, operates through the Bonga Floating Production Storage and Offloading (FPSO) vessel, with a capacity of 225,000 barrels per day.

Located 120 kilometers offshore, the FPSO has been a key contributor to Nigeria’s oil production since its inception.

Last year, the Bonga FPSO reached a significant milestone by exporting its 1-billionth barrel of oil, further cementing its position as a vital asset in Nigeria’s oil and gas sector.

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