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Abacha Loot: Swiss Lawyer Tackles AGF over N7bn Legal Fees

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  • Abacha Loot: Swiss Lawyer Tackles AGF over N7bn Legal Fees

The Swiss lawyer hired by Nigeria to recover late Sani Abacha’s loot, Enrico Monfrini, has disclosed that the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, is trying to change the facts on the $321 million recovered from Luxembourg.

The Cable had reported how Malami engaged two Nigerian lawyers, Oladipo Okpeseyi and Temitope Adebayo, for a fee of $17 million to do a job already completed by Monfrini.

In an interview with New Telegraph on August 26, Malami, questioning the services of Monfrini, alleged that the President Goodluck Jonathan administration agreed to pay Monfrini 20 to 30 per cent as his fees before the final repatriation of the money to Nigeria-an idea the AGF said the President Muhammadu Buhari administration frowns at.

“And he was indeed paid an amount which was not clear as to the concept and extent of what services he rendered whether this $321 million was part of his facilitation. But a point of interest is that as at the time this government came in, the $321 million was not paid by the Swiss Government,” Malami said in the interview.

Speaking with The Cable, however, Monfrini, a world renowned lawyer, said Malami has chosen to publicly make allegations and statements which tend to smear his reputation.

“I read the content of the article published by the New Telegraph on August 26, 2018, in which Malami is trying through lengthy statements to get people to believe different facts which are, to say the least, untrue,” he said.

Before President Buhari came into office, the Swiss lawyer said he had never heard of any professional fees “of 10 to 20 per cent” paid to lawyers.

According to him, “As far as I am concerned, my fees were always fixed at five per cent or most of the time substantially lower. If one comes to the matter of the $321,000,000, I want to strongly stress the fact that this money was not what Malami calls ‘part of my facilitation.’ It was the money which had illegally been received by some members of the Abacha’s family which I had started to search for as of September 1999; found through researches operated by my firm and myself in Luxembourg in 2000; frozen in said country and finally forfeited thanks to my intervention in Switzerland in December 2014.

“I do not consider that all the enormous work invested by my firm and I in this matter could possibly be quoted as ‘facilitation’.”

Malami, in the interview, said Monfrini was considered to be among others for the recovery of the $321 million, but he was asking for 20 to 30 percent as against the conventional five per cent approved by the federal government.

He said he had, however, convinced Buhari on a 10 to 15 per cent pay for the Swiss lawyer, but Monfrini rejected, insisting on 20 to 30 percent cut, which the president was not going to approve.

“It was against this background that a consortium of lawyers of Nigerian origin now submitted their proposals, and we accepted their letters and they swung into action,” he said, adding that he had already proposed to the ministry of finance for the Nigerian lawyers to be paid a five percent cut from $321 million.

But Monfrini insisted he had already completed this job, and his fees, in about 20 years recovering Abacha’s loot, was around five per cent.

“I sternly deny having ever asked Malami or any other public officers of the Federal Republic of Nigeria to pay me anything more than the five per cent I was entitled to.

“I also have to repeat that the payment of my fees happened in December 2014 upon receipt by the Geneva Attorney General of $321,000,000 paid by the government of Luxembourg thanks to my intervention.

“It’s equivalently false to state, as Malami does, that at the time this government came in, the $321,000,000 was not paid by the Swiss Government as it was the subject of judicial pending before a court, therefore, to write that this situation was ‘the crux of the matter’ is so untrue that it becomes laughable.

“The truth is that the money was available to the government of Nigeria as early as December 2014, and as I said before, the matter for which Malami chose to appoint two new Nigerian lawyers for fees exceeding $17,000,000 could have been done in writing a letter to the Geneva Attorney General or to the government of Switzerland requesting the money to be paid back to Nigeria. Again, such activity is not to be developed by lawyers but only through diplomatic consultations between States,” he clarified.

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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Economy

DR Congo-China Deal: $324 Million Annually for Infrastructure Hinges on Copper Prices

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In a significant development for the Democratic Republic of Congo (DRC), a newly revealed contract sheds light on a revamped minerals-for-infrastructure deal with China, signaling billions of dollars in financing contingent upon the price of copper.

This pivotal agreement, signed in March as an extension to a 2008 pact, underscores the intricate interplay between commodity markets and infrastructure development in resource-rich nations.

Under the terms of the updated contract, the DRC stands to receive a substantial injection of $324 million annually for infrastructure projects from its Chinese partners through 2040.

However, there’s a catch: this funding stream is directly linked to the price of copper. As long as the price of copper remains above $8,000 per ton, the DRC is entitled to this considerable sum to bolster its infrastructure.

The latest data indicates that copper is currently trading at $9,910 per ton, well above the threshold specified in the contract.

This bodes well for the DRC’s ambitious infrastructure plans, as the nation seeks to rebuild its road network, which has suffered from decades of neglect and conflict.

However, the contract also outlines a dynamic mechanism that adjusts funding levels based on copper price fluctuations.

Should the price exceed $12,000 per ton, the DRC stands to benefit further, with 30% of the additional profit earmarked for additional infrastructure projects.

Conversely, if copper prices fall below $8,000, the funding will diminish, ceasing altogether if prices dip below $5,200 per ton.

One of the most striking aspects of the contract is the extensive tax exemptions granted to the project, providing a significant financial incentive for both parties involved.

The contract stipulates a total exemption from all indirect or direct taxes, duties, fees, customs, and royalties through the year 2040, further enhancing the attractiveness of the deal for both the DRC and its Chinese partners.

This minerals-for-infrastructure deal, centered around the joint mining venture known as Sicomines, underscores the DRC’s strategic partnership with China, a key player in global commodity markets.

With China Railway Group Ltd., Power Construction Corp. of China (PowerChina), and Zhejiang Huayou Cobalt Co. holding a majority stake in Sicomines, the project represents a significant collaboration between the DRC and Chinese entities.

According to the contract, the total value of infrastructure loans under the deal amounts to a staggering $7 billion between 2008 and 2040, with a substantial portion already disbursed.

This infusion of capital is expected to drive socio-economic development in the DRC, leveraging its vast mineral resources to fund much-needed infrastructure projects.

As the DRC navigates the intricacies of global commodity markets, particularly the volatile copper market, this minerals-for-infrastructure deal with China presents both opportunities and challenges.

While it offers a vital lifeline for infrastructure development, the nation must remain vigilant to ensure that its long-term interests are safeguarded in the face of evolving market dynamics.

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Fitch Ratings Raises Egypt’s Credit Outlook to Positive Amid $57 Billion Bailout

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Fitch Ratings has upgraded Egypt’s credit outlook to positive, reflecting growing confidence in the North African nation’s economic prospects following an international bailout of $57 billion.

The upgrade comes as Egypt secured a landmark bailout package to bolster its cash-strapped economy and provide much-needed relief amidst economic challenges exacerbated by geopolitical tensions and the global pandemic.

Fitch affirmed Egypt’s credit rating at B-, positioning it six notches below investment grade. However, the shift in outlook to positive shows the country’s progress in addressing external financing risks and implementing crucial economic reforms.

The positive outlook follows Egypt’s recent agreements, including a $35 billion investment deal with the United Arab Emirates as well as additional support from international financial institutions such as the International Monetary Fund and the World Bank.

According to Fitch Ratings, the reduction in near-term external financing risks can be attributed to the significant investment pledges from the UAE, coupled with Egypt’s adoption of a flexible exchange rate regime and the implementation of monetary tightening measures.

These measures have enabled Egypt to navigate its foreign exchange challenges and mitigate the impact of years of managed currency policies.

The recent jumbo interest rate hike has also facilitated the devaluation of the Egyptian pound, addressing one of the country’s most pressing economic issues.

Egypt has faced mounting economic pressures in recent years, including foreign exchange shortages exacerbated by geopolitical tensions in the region.

Challenges such as the Russia-Ukraine conflict and security threats in the Israel-Gaza region have further strained the country’s economic stability.

In response, Egyptian authorities have embarked on a series of reform efforts aimed at enhancing economic resilience and promoting private-sector growth.

These efforts include the sale of state-owned assets, curbing government spending, and reducing the influence of the military in the economy.

While Fitch Ratings’ positive outlook signals confidence in Egypt’s economic trajectory, other rating agencies have also expressed optimism.

S&P Global Ratings has assigned Egypt a B- rating with a positive outlook, while Moody’s Ratings assigns a Caa1 rating with a positive outlook.

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Fitch Ratings Lifts Nigeria’s Credit Outlook to Positive Amidst Reform Progress

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Fitch Ratings has upgraded Nigeria’s credit outlook to positive, citing the country’s reform progress under President Bola Tinubu’s administration.

This decision is a turning point for Africa’s largest economy and signals growing confidence in its economic trajectory.

The announcement comes six months after Fitch Ratings acknowledged the swift pace of reforms initiated since President Tinubu assumed office in May of the previous year.

According to Fitch, the positive outlook reflects the government’s efforts to restore macroeconomic stability and enhance policy coherence and credibility.

Fitch Ratings affirmed Nigeria’s long-term foreign-currency issuer default rating at B-, underscoring its confidence in the country’s ability to navigate economic challenges and drive sustainable growth.

Previously, Fitch had expressed concerns about governance issues, security challenges, high inflation, and a heavy reliance on hydrocarbon revenues.

However, the ratings agency expressed optimism that President Tinubu’s market-friendly reforms would address these challenges, paving the way for increased investment and economic growth.

President Tinubu’s administration has implemented a series of policy changes aimed at reducing subsidies on fuel and electricity while allowing for a more flexible exchange rate regime.

These measures, coupled with a significant depreciation of the Naira and savings from subsidy reductions, have bolstered the government’s fiscal position and attracted investor confidence.

Fitch Ratings highlighted that these reforms have led to a reduction in distortions stemming from previous unconventional monetary and exchange rate policies.

As a result, sizable inflows have returned to Nigeria’s official foreign exchange market, providing further support for the economy.

Looking ahead, the Nigerian government aims to increase its tax-to-revenue ratio and reduce the ratio of revenue allocated to debt service.

Efforts to achieve these targets have been met with challenges, including a sharp increase in local interest rates to curb inflation and manage public debt.

Despite these challenges, Nigeria’s economic outlook appears promising, with Fitch Ratings’ positive credit outlook reflecting growing optimism among investors and stakeholders.

President Tinubu’s administration remains committed to implementing reforms that promote sustainable growth, foster investment, and enhance the country’s economic resilience.

As Nigeria continues on its path of reform and economic transformation, stakeholders are hopeful that the positive momentum signaled by Fitch Ratings will translate into tangible benefits for the country and its people.

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