…Judgment obtained through fraud and corruption can’t stand-Malami, AGF

By Soni Daniel – Northern Region Editor

With the trial and conviction of both the British Virgin Island and the Nigerian affiliate of Process and Industrial Development Limited (P&ID) by a Federal High Court for fraud and corruption, Nigeria is set to present the United Kingdom Appeal Court handling the case, with a new set of pleading to revoke the monumental award against the country.

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Beyond the conviction of the company, the Nigerian federal court also ordered the forfeiture of the assets of the company to the federal government.

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Arising from the judgment, a consortium of Nigeria’s legal team is set to meet in London early next week with a view to reviewing the case and making an appropriate adjustment to its deposition towards the revocation of the award earlier granted by the court to the shadowy company, which has now been convicted.

Vanguard learnt that with the conviction, Nigeria is likely going to argue before the court of appeal that the UK commercial and Arbitration Court was misled by the suspects to grant the huge award and should, therefore, be revoked given the new and better information that was unavailable to the country at the time.

Minister of Justice and Attorney General of the Federation, Abubakar Malami, confirmed that the legal team would be converging in London to review the case and take further steps to advance the cause of justice and Nigeria in the case, which has drawn global attention.

Malami said: “Nigeria is expected to review its strategy in view of the unfolding development as its relates to the conviction of some of the suspects that have admitted to fraud and corruption that gave rise to the award.

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“The implication of today’s conviction of the suspects by the FHC in Nigeria is that Nigeria has a judicial proof of fraud and corruption as a foundation of the relationship that gave rise to a purported liability and arbitral award.

“From the available evidence, Nigeria now has a cogent ground to ask for the setting aside of the entire liability.

“This is because, in law, a liability that is rooted in fraud and corruption cannot stand judicial enforceability,” Malami said.