Connect with us

Headline

Malabu: Nigeria Loses $1.7 Billion JP Morgan Case

Published

on

Nigeria on Tuesday lost its $1.7 billion claim against JP Morgan Chase Bank over the transfer of proceeds from the sale of OPL 245 in the controversial Malabu oil deal.

Judge Sara Cockerill ruled Tuesday that the Nigerian government couldn’t show that it had been defrauded in the case.

In the suit, Nigeria is claiming more than $1.7 billion for the bank’s role in the controversial deal. Nigeria also alleges that JP Morgan was “grossly negligent” in its decision to transfer funds paid by oil giants Shell and Eni into an escrow account controlled by a former Nigerian oil minister, Dan Etete.

Advertisement

Earlier in February, Nigerian lawyer, Roger Masefield, argued that the nation’s case rested on proving that there was fraud and JP Morgan was aware of the risk of fraud.

The evidence of fraud is little short of overwhelming,” the lawyer told the court.

READ ALSO: Aircraft Maintenance: Nigeria Lost N1.25 Trillion In 2021 To Other African Countries

Advertisement

“Under its Quincecare duty, the bank was entitled to refuse to pay for as long as it had reasonable grounds for believing its customer was being defrauded.”

Quincecare refers to a legal precedent whereby the bank should not pay out if it believes its client will be defrauded by making the payment.

Judge Cockerill said Tuesday that by the time of the 2013 payments, the bank was “on notice of a risk” of fraud.

Advertisement

There was a risk – but it was, on the evidence, no more than a possibility based on a slim foundation,” the judge ruled.

Background
The OPL deal details how Shell and Italy’s Eni in 2011 paid the Nigerian government of then president Goodluck Jonathan a combined $1.3 billion for an oil block. Of that amount $875 million was paid to Malabu Oil & Gas, a company controlled by former oil minister Dan Etete.

Mr Etete had awarded Malabu the rights to the block in 1998 when he was Nigeria’s oil minister.

Advertisement

Within weeks of the deal in April 2011, half of Malabu’s money was allegedly packed into bags and paid out to Nigerian government officials and Western oil executives as cash bribes.

The deal has also spawned further lawsuits, including efforts by a new presidential regime in Nigeria to recover assets. A panel of judges in Milan acquitted the companies and executives, who all denied any wrongdoing, of bribery last March. Prosecutors have however appealed the ruling.

Classified documents from Britain’s financial crime agency seen by this newspaper revealed how it allowed JP Morgan to pay $875 million of suspicious funds to Mr Etete, a former Nigerian oil minister widely known as a convicted money launderer.

Advertisement

The documents, rarely seen Suspicious Activity Reports (SARs), were filed by the banking giant’s London branch as it raised concerns about huge payments it was being asked to make by the Nigerian government to Mr Etete.

The reports were filed in 2011 and 2013 to the UK’s Financial Intelligence Unit (FIU), which at that time sat within the now defunct Serious Organised Crime Agency.

Trial
The trial opened in February with details of the claim by Mr Masefield, who argued that the bank failed in its Quincecare duty.

Advertisement

READ ALSO: 2023 Presidency: Atiku Speaks On Picking Running Mate

Damages sought by Nigeria include cash sent to Mr Etete’s company, Malabu Oil and Gas, around $875 million paid in three installments in 2011 and 2013, plus interest, taking the total to over $1.7 billion.

But Bloomberg reports Tuesday that the London High Court judge said no such breach took place.

Advertisement

The Federal Republic of Nigeria is naturally disappointed by the outcome of the judgment and will be reviewing it carefully before considering next steps,” a spokesman told Bloomberg. He added that the Nigerian government will continue its fight against fraud and corruption and to work to recover funds for the people of Nigeria.

JP Morgan in a statement said that the judgment reflects its commitment to acting with high professional standards in every country it operates in. The bank added that the judgement also shows how “we are prepared to robustly defend our actions and reputation when they are called into question.”

PREMIUM TIMES.

Advertisement
Advertisement
Comments

Headline

US Lawmakers Demand Answers From Trump Administration Over Chinese Chemical Shipments To Iran

Published

on

US lawmakers have called for the Trump administration to respond to reporting that Chinese firms are helping Iran rebuild its ballistic missile program in defiance of United Nations sanctions.

The call, from Representatives Raja Krishnamoorthi and Joe Courtney, follows CNN reporting last month detailing what Western intelligence sources said were several shipments of sodium perchlorate, a missile propellant precursor, from China to Iran since the end of September.

These shipments are “indispensable to Tehran’s efforts to rebuild its ballistic missile arsenal following its 12-day war with Israel last summer,” the congressmen wrote in a letter to US Secretary of State Marco Rubio and Central Intelligence Agency director John Ratcliffe.

Advertisement

“Beijing’s support for Tehran’s rearmament is deeply concerning and provides yet another example of the Chinese Communist Party’s (CCP) willingness to abet authoritarian aggression from Europe to the Middle East,” they said.

According to CNN’s reporting, European intelligence sources say 2,000 tons of sodium perchlorate, the main precursor in the production of the solid propellant that powers Iran’s mid-range conventional missiles, have arrived from China to the Iranian port of Bandar Abbas between late September and mid-October. The chemicals were bought by Iran from Chinese suppliers, the sources say.

READ ALSO:Iran Has Executed At Least 841 People This Year — UN

Advertisement

The deliveries, which analysts say could provide enough chemical for roughly 500 ballistic missiles, appear to show Iran is stepping up the rebuilding of its missile program, which was depleted by the conflict with Israel in June.

They also come as there has been increased concern in Washington about potential emerging coordination between China, Iran, Russia and North Korea. US President Donald Trump and Chinese leader Xi Jinping met last month for talks that resulted in an economic truce de-escalating their trade war.

“Beijing’s latest shipments of these critical chemical precursors indicate that US actions to date have failed to deter it from supporting Tehran’s procurement of offensive military capabilities,” Krishnamoorthi, who is the ranking member of the House Select Committee on the CCP, and Courtney, ranking member of the House Armed Services Subcommittee on Seapower and Projection Forces, wrote in their letter.

Advertisement

Beijing’s support “not only increases Iran’s threat to its neighbors but also assists Russia and pro-Iranian proxy groups like the Houthis whose missile programs Iran has previously supported,” the Congressmen said.

The shipments also “contravene sanctions the United Nations reinstated in September that prohibit international support for Iran’s ballistic missile program and development of nuclear weapons delivery systems,” they added.

READ ALSO:Why Nigeria Needs Female President – Presidential Aspirant

Advertisement

Krishnamoorthi and Courtney called for the Trump administration to explain what actions it was taking to “respond to the PRC’s (People’s Republic of China) continuing support to Iran’s ballistic missile program,” including in coordination with US allies and partners.

The Trump administration in April announced sanctions on a dozen entities and individuals based in Iran and China for their role procuring ballistic missile propellant ingredients on behalf of Iran’s Islamic Revolutionary Guard Corps.

Last month, more-than-a-decade-old UN sanctions on Tehran were restored by a so-called snapback mechanism – a provision for Iranian breaches of the 2015 Joint Comprehensive Plan of Action (JCPOA) deal to monitor its nuclear program.

Advertisement

Under the sanctions re-imposed last month, Iran shall not undertake any activity related to ballistic missiles capable of delivering nuclear weapons. UN member states must also prevent the provision to Iran of materials that could contribute to the country’s development of a nuclear weapons delivery system, which experts say could include ballistic missiles.

States are also required to prevent the provision to Iran of assistance in the manufacture of arms.

READ ALSO:Ponmo Consumption Threatens $5b Leather Industry — FG

Advertisement

While the shipped substance – sodium perchlorate – is not specifically named in UN documents on materials banned for export to Iran, it is a direct precursor of ammonium perchlorate, a listed and prohibited oxidizer used in ballistic missiles.

China and Iran
Experts say that the sanctions’ failure to explicitly prohibit the chemical may leave China room to argue that it is not in violation of any UN ban. China, along with Russia, opposed the reimposition of the UN sanctions, saying it undermines efforts for a “diplomatic settlement of the Iranian nuclear issue,” and may not see it bound by those rules, as such.

In response to a question from CNN last month about the recent shipments, a spokesperson for China’s Ministry of Foreign Affairs said that while he “not familiar with the specific situation,” China has “consistently implemented export controls on dual-use items in accordance with its international obligations and domestic laws and regulations.”

Advertisement

“We want to emphasize that China is committed to peacefully resolving the Iranian nuclear issue through political and diplomatic means and opposes sanctions and pressure,” the spokesperson said.

READ ALSO:BREAKING: Nigerian Senate Approves Tinubu’s N1.15tn Loan Request

CNN reporting last month followed the journeys of several cargo ships identified by intelligence sources as being involved in the latest deliveries of sodium perchlorate from Chinese ports to Iran, using ship tracking data and the social media of their crew.

Advertisement

Several of the cargo ships and Chinese entities involved are under sanctions from the United States.

Some of those vessels appear to have gone back and forth several times between China and Iran since the end of April. The sources say their crew seem to be employed by the Islamic Republic of Iran Shipping Lines and their regular social media posts provide a trail of their stops on the China to Iran journey.

Similar shipments had previously been reported, and entities in China, long a diplomatic and economic ally of Iran, are also known to use a network of vessels to filter US-sanctioned Iranian oil to the country.

Advertisement
Continue Reading

Headline

South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

Published

on

South African President Cyril Ramaphosa says there will be an investigation into the “mysterious” arrival of a chartered plane carrying 153 Palestinians from Gaza into the country.

The group arrived at OR Tambo International Airport but were initially refused entry and were stuck in the plane for more than 10 hours as they “did not have the customary departure stamps in their passports”, local authorities said.

Most were eventually allowed in after intervention from a local charity and because of the government’s “empathy [and] compassion”, Ramaphosa said.

Advertisement

The circumstances of their departure from Gaza and travel to South Africa remain unclear.

South Africa has maintained strong support for the Palestinian cause throughout the war between Hamas and Israel in Gaza.

Ramaphosa said the group “somehow mysteriously were put on a plane that passed by Nairobi” and flew to South Africa, reports the News24 site.

Advertisement

Israeli military body Cogat, which controls Gaza’s crossings, said in a statement: “The residents left the Gaza Strip after Cogat received approval from a third country to receive them.” It did not specify the country.

READ ALSO:South Africa Bus Crash Kills 40 Including Malawi, Zimbabwe Nationals

According to the Palestinian embassy in South Africa, the group left Israel’s Ramon Airport and flew to the country via the Kenyan capital, Nairobi, “without any prior note or coordination”.

Advertisement

A statement from the embassy said “an unregistered and misleading organization [had] exploited the tragic humanitarian conditions of our people in Gaza, deceived families, collected money from them, and facilitated their travel in an irregular and irresponsible manner”.

The BBC has asked the Kenyan government for comment.

Of the 153, 23 managed to fly on to other destinations, leaving 130 who were admitted into the country, South African authorities say.

Advertisement

Ramaphosa, speaking during an event in Johannesburg, said he was informed of the unfolding crisis by the home affairs minister.

In response, the president said “we cannot turn them back”, according to News24.

Even though they do not have the necessary documents and papers, these are people from a strife-torn, a war-torn country.”

Advertisement

The president also told reporters the South African government would carry out a “proper evaluation” of the matter and update the public on “what is happening and how this matter came to be where it is”, according to public broadcaster SABC.

READ ALSO:Palestinians Flee As Israel Intensifies Assault On Gaza City

Home Affairs Minister Leon Schreiber said that while Palestinian passport-holders qualified for 90-day visa-exempt access to South Africa, the lack of departure stamps, return tickets or accommodation addresses in some of the travellers’ documentation resulted in the initial refusal to let them into the country.

Advertisement

Once it was established that the absence of this information “did not indicate that the travellers wished to apply for asylum” and their accommodation was confirmed, they were granted entry.

“All of the travellers are in possession of valid passports and, at present, none of them have applied for asylum,” he said.

South African charity Gift of the Givers has said it will provide the group with accommodation in the country.

Advertisement

Civil societies in South Africa have called for investigations into the conditions the Palestinians had fled in Gaza and the exact route of the aircraft.

One of the Palestinians who spoke to local eNCA TV expressed his relief to be in South Africa, describing it as a country of “peace, laws and justice”.

“We came from Gaza where we’ve faced death on daily basis. We have survived a war of two years and we are lucky to be here,” said one man who had fled with his wife and two children.

Advertisement

READ ALSO:Palestinian-American Beaten To Death By Israeli Settlers In Occupied West Bank

Gift of the Givers has since called for Ramaphosa to investigate the home affairs ministry and border authority for the “humiliation they’ve caused” the Palestinians.

The organisation’s founder Dr Imtiaz Sooliman said this treatment included being forced to wait for hours on the tarmac at the airport, being denied food provided by the group and “using every excuse in the book to prevent these passengers from disembarking”.

Advertisement

South Africa has been highly critical of Israel’s military operation in Gaza.

The country’s sympathy for the Palestinian fight for an independent state goes back decades, particularly the early 1990s when anti-apartheid icon Nelson Mandela pledged support for the Palestinian cause.

Large pro-Palestinian marches have been held around South Africa since the conflict began.

Advertisement

Smaller pro-Israel marches and rallies have been held in the country, which hosts the largest Jewish community in sub-Saharan Africa.

In 2023, the South African government filed a case against Israel with the International Court of Justice, accusing it of genocide in Gaza. Israel has strongly rejected the South African claim, calling it “baseless”.

Advertisement
Continue Reading

Headline

Trump Orders Tougher Visa Screening Regime

Published

on

The Donald Trump administration has reinstated a sweeping global visa policy that can make it harder for many foreign nationals—including Nigerians—to obtain U.S. visas, as Washington revives its controversial “public charge” rule targeting those deemed likely to depend on public benefits.

A newly issued State Department cable, obtained by Fox News Digital, directed American embassies and consulates worldwide to enforce the policy immediately. The directive, which officials say restores a Trump-era standard relaxed under President Joe Biden, instructs U.S. consular officers to deny visas to anyone considered likely to rely on government assistance in the United States of America.

Under the rule, visa applicants will be assessed on a wide range of personal factors—including their health, age, English proficiency, financial stability, and potential need for long-term medical care.

Advertisement

Consular officers are urged to take a holistic approach, considering everything from the applicant’s visa petition and financial affidavit to their medical report and any other information uncovered during background checks.

READ ALSO:I’ll Support Trump To Fight Terrorism In Nigeria If… – Wike

“You must examine all aspects of the case,” the guidance reads, “including the petition, visa application, medical report, affidavit of support, and any information uncovered in the course of screening and vetting.”

Advertisement

Older applicants, particularly those nearing retirement age, are expected to face extra scrutiny. The cable notes that “long-term institutionalisation (e.g., at a nursing facility) can cost hundreds of thousands of dollars per year and should be considered,” suggesting that age and health will play major roles in visa decisions.

The revived rule follows an executive order signed by President Donald Trump titled “Ending Taxpayer Subsidisation of Open Borders”. The order, according to the State Department memo, aims to ensure “that no taxpayer-funded benefits go to unqualified aliens.”

The cable further stresses that the public charge determination rests solely on the judgment of each consular officer, who must conduct a “comprehensive and thorough vetting” before issuing any visa. “There is no ‘bright line’ test,” the cable adds. “You must consider all aspects of the case and determine whether the applicant’s circumstances… suggest that he is more likely than not to become a public charge at any time.”

Advertisement

READ ALSO:Trump To Receive Full Menu Of Options To Stop Nigeria Genocide – US Rep, Moore

A State Department official told Fox News Digital, “For years, the American taxpayer was held hostage by the Biden administration’s disastrous open borders agenda… The Trump administration has brought an end to the era of mass immigration.”

The U.S. State Department controls visa issuance at embassies abroad, while the Department of Homeland Security manages who is ultimately admitted into the country or allowed to adjust status once inside the U.S. Though both agencies operate under the same immigration laws, the new guidance grants wide latitude to consular officers overseas to reject applicants on “public charge” grounds.

Advertisement

Before now, the Biden administration’s 2022 version of the rule had limited the benefits considered under the policy — counting only direct cash assistance and long-term institutional care, while excluding popular social support programmes such as food stamps (SNAP), Medicaid, housing vouchers, and the Women, Infants, and Children (WIC) programme.

READ ALSO:Man Grabs Mexico’s President While Meeting Citizens On The Street

The Trump administration had expanded that definition in 2019 to include a broader range of public benefits, though several U.S. courts later blocked parts of the policy before it was scrapped by President Biden in 2021.

Advertisement

This week’s cable now marks a full return to that broader interpretation, instructing American consular officials to “conduct a comprehensive and thorough vetting” and to verify all supporting financial documents presented by applicants.

For many Nigerians seeking U.S. visas — from students and workers to elderly immigrants joining family abroad — the revived rule could mean more rejections and lengthier processing times.

Advertisement
Continue Reading

Trending