Nation
Nigeria Faces $500m Penalty For Alleged Default On Mambilla Power Deal
The Federal Government could end up paying $500million to an electricity transmission company for allegedly defaulting on a $200million settlement agreement it entered into with the firm.
The Sunrise Power and Transmission Company Limited (SPTCL) is seeking to be paid $500million after government allegedly failed to pay the $200million compensation it offered following the termination of the contract to construct Mambilla hydropower project located in Taraba State.
The settlement was meant to make Sunrise relinquish all claims to the $5.8billion project, which has been grounded for 14 years, and was originally to generate 3,050 megawatts but later reviewed, to 1,525 megawatts.
Government has since re-awarded the same contract to a Chinese firm with Sunrise claiming that the development did not follow due process.
It subsequently approached the International Court of Arbitration in Paris, France for redress, reminiscent of the legal battle between the Federal Government and the Irish firm, Process and Industrial Development (P&ID).
In documents now in the public space, the Federal Government, represented by Power Minister, Sale Mamman, and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had committed the government to pay the $200million penalty in addition to the original terms of settlement, while Chairman of Sunrise, Leno Adesanya, and Legal Counsel, Jeremie Chouraqui, signed for the company.
Both sides, under the settlement agreement of January 21, 2020, had mutually “resolved that the FGN shall pay Sunrise the net sum of $200million in irrevocable and immediately available funds to Sunrise’s designated bank accounts which shall be stated in the invoice to be submitted by Sunrise within the stipulated time frame.”
The agreement stipulated that the sum of $200million “shall be paid in one or two tranches within 150 calendar days (five months) from the date of execution of this addendum, as follows: first $100million within 30 calendar days of execution of the agreement. The remaining balance of $100million shall be paid within 90 calendar days (three months) of the first payment. The second tranche of the payment under item c (ii) shall have a grace period of 30 calendar days (one month).”
The parties also agreed that in the event of the Federal Government failing to meet its payment obligations contained in the terms of payment, Sunrise would be entitled to a financial default sanction in the sum of $200million, in addition to the unpaid principal sum of $200million.
“This is in addition to the interest on any unpaid sum (including of any financial default sanctions) at a compound daily interest rate of 10 per cent, per annum, until the full payment is received by Sunrise in irrevocable and immediately available funds, in its designated bank accounts.
“Such full receipt by Sunrise shall discharge the FGN from any further extraneous liability to Sunrise in respect of the settlement agreement and this addendum and Sunrise shall then have no further recourse to the Mambilla project.”
Having missed out on all payment deadlines, including the first payment of $100million, which should have been done over a year ago, the arbitration in Paris may decide the direction the matter will sway.
With the reinstatement of the penalties and the $400million already accruable, the indebtedness may have hit $600million, and would rise to $700million if the 10 per cent per annum interest rate agreed to by parties in the settlement agreement is calculated.
Further communication between Malami and the Chief of Staff to the President, Prof. Ibrahim Gambari, indicated that Malami updated the CoS on the issue to guide the government’s decision on the matter.
Also, Mamman, in a memo dated August 19, 2020, and addressed to Gambari, said, “The Ministry of Power is in total support of the position provided by the AGF who has been the lead in finding an amicable out-of-court settlement to the dispute.
“The ultimate aim of the ministry is to see that Mambilla project implementation can proceed unencumbered, therefore, whichever settlement option that can lead to a peaceful resolution for the project to commence will be acceptable by the ministry.”
The Executive Secretary of the Pension Transitional Arrangement Directorate (PTAD), Dr Chioma Ejikeme, has reiterated the commitment to service delivery for pensioners.
Ejikeme said this during the Customer Service Week in Abuja, yesterday.
He said that commission had a mandate to deliver good service delivery to the pensioners.
Ejikeme, who was represented by the Director Civil Service Pension Department, Mr Kabir Yusuf, said that the customer service week was important to operations of PTAD.
“Customer service is the support that you give to a customer, whether it is an existing customer or potential customer in the process of delivering or making enquires about a service.
“To be a good customer service representative you need to be knowledgeable, have good attitude and attribute especially to the senior citizens and have empathy,” he said.
Ejikeme said that all PTAD staff had most of the attributes of a good customer representative.
“We provide excellent customer service by going to verify our aged pensioners who cannot do it by themselves anywhere across the country.
“There is a dedicated team that was mandated to go round to confirm the aliveness of those who can not confirm their aliveness either because the are too old or have health issues,” the executive secretary said.
The National Coordinator, SERVICOM, Mrs Nnenna Akajemeli, said that the official theme of the 2024 customer service week was “ We Go Above and Beyond For Our Customers.”
She commended PTAD and the SERVICOM team for organising the 2024 customer service week.
“This is in line with the best practice of celebrating frontline workers and service takers.
“Customer service week is celebrated annually during the first full week in October.
It calls attention to the importance of people to boost morale team work and departmental collaboration in supporting pensioners.
“ It is a platform to reward employees for the significant work they do,” Akajemeli said.
She said that the objective of the customer service week was to celebrate the hard work and dedication of employee who strived to create positive customer experiences.
She said that it was time to show customers that the organisation valued their experience and feedback, through comment cards, dedicated hotline, among others.
Akajemeli said that it raised awareness internally and externally about the importance of good customer service in building customer loyalty and satisfaction.
She said that the benefit was to increase motivation, show appreciation, encourage friendly competition, boost employee retention, create a positive workplace and increase productivity.
The Head, Surveillance Department at the National Pension Commission (PenCom), Mr Abdulrahman Saleem, said that good service delivery was the key success of every establishment.
Salem said that PTAD operated with standard, considering the success it had achieved so far.
Saleem said that pensioners required the best service attitude and behavior.
“ I give kudos to PTAD for its efforts and encourage it to do more.
“Therefore I urge PTAD staff to keep up the standard and continue to give good service to the pensioners,” he said.
The Chief of the Air Staff (CAS), Air Marshal Hasan Abubakar, has honoured Flying Officer David Sangokoya for winning the 2023/2024 Royal Air Force College Cranwell International Cadet Sword of Honour.
Abubakar honoured the officer during the presentation of cheques to 13 beneficiaries of the Nigerian Air Force (NAF) Group Personal Accident Insurance Policy (GPAIP) in Abuja, yesterday.
He described the achievement as ground-breaking as it was the first time an African cadet had won the prestigious award since the Academy’s creation over 100 years ago.
According to him, the feat underscores the excellence that exists within NAF, and proof that NAF officers and cadets can stand shoulder to shoulder with the best in the world.
“To our awardee, you have set a new standard, not just for your peers, but for every cadet and officer that will come after you.
“This accomplishment is a powerful reminder that no goal is out of reach when one is armed with dedication, discipline and an unwavering commitment to excellence.
“Your journey as an officer has begun with this prestigious accolade, but the true measure of your success will be seen in how you serve, lead and contribute to the mission of NAF and the defence of our great nation.
“As we celebrate this historic occasion, we extend our deepest gratitude to the United Kingdom Government for its unwavering support in providing world-class training opportunities to our personnel.
“This has enabled our officers and men to gain invaluable skills and knowledge, strengthening not only our bilateral ties but also our collective ability to address global security challenges,” he said.
The CAS said that the NAF looked forward to continuing the fruitful partnership for the mutual benefit of Nigeria and UK countries.
He expressed gratitude and unflinching loyalty to President Bola Tinubu for his commitment to the welfare and training of members of the Armed Forces of Nigeria, and NAF in particular.
“I must also take a moment to extend my heartfelt appreciation to the leadership of the Nigerian Defence Academy and the instructors who helped to mould and prepare this cadet for the global stage.
“Their dedication and commitment to developing top-notch officers is evident in this ground-breaking achievement.
“You have not only trained a leader but have given the Nigerian Air Force a legacy we will all cherish,” he said.
National Health Insurance Authority (NHIA) has advocated private sector involvement to strengthen Nigeria’s healthcare system.
The Director-General of the authority, Dr Kelechi Ohiri, made the call at a high-level policy dialogue on sustainable health system reforms in Nigeria in Abuja, yesterday.
The Tide’s source reports that the dialogue was organised by the Healthcare Federation of Nigeria (HFN), a coalition of private sector stakeholders, to address the multifaceted challenges plaguing the country’s healthcare system.
The dialogue has “Private Sector Support for SWAP (Sector Wide Approach) in Healthcare” as its theme.
Represented by Dr Yakubu Agada-Amade, the NHIA Director of Standards and Quality Assurance, Ohiri explained the crucial role of private sector collaboration in strengthening Nigeria’s healthcare system
He highlighted the “One Plan” under the SWAp framework, which seeks to unify health sector efforts, ensuring efficient resource use, effective governance and expanded healthcare access.
He also stressed the importance of overcoming barriers that historically hindered the implementation of healthcare interventions in Nigeria, such as inadequate financing, weak governance systems, and bureaucratic bottlenecks.
He added that “the dialogue explored innovative approaches, including digital health innovations and financing mechanisms to accelerate the implementation of the National Health Act and mandatory health insurance coverage.
“With enrollment in health insurance growing by 14 per cent over the past year, NHIA can push for greater inclusivity, particularly targeting the informal sector through flexible payment systems and partnerships with telecommunications companies.”
He called for stronger synergy between public and private health actors to ensure universal access to quality healthcare and sustainable reforms in line with the Nigeria Health Sector Renewal Investment Initiative (NHSRII).
Panelists from the Association of Nigerian Private Medical Practitioners (ANPMP), Healthcare Providers Association of Nigeria (HCPAN) and Health and Managed Care Association of Nigeria (HMCAN) echoed the sentiments, underscoring the private sector’s role in expanding insurance coverage and improving healthcare delivery.
They commended NHIA’s efforts toward driving reforms to achieve Universal Health Coverage (UHC) through the Sector-Wide Approach (SWAp).