$9.6b Judgment: FG seeks INTERPOL action against P&ID directors

•Wants them placed on global security watch
•May file fresh suit to set aside the arbitral award

THE federal government is considering lodging a formal complaint
with the International Police (INTERPOL) against two top executives
of the Irish firm, Process and Industrial Developments (P&ID),
over the controversial $9.6billion debt judgment against
Nigeria.

Government, The Nation learnt on Saturday, may request INTERPOL
to place a co-owner of P&ID, Brendan Cahill and Adam Quinn, the
son of the owner of P&ID, Michael Quinn on red alert.

The implication of the red alert is that the two men will be on
the watch-list of security agencies across the globe.

Besides, government has decided to proceed with the prosecution
of companies and suspects involved in the alleged criminal
conspiracy which led to the judgment.

Other options being considered by government include filing a
fresh suit to set aside the arbitral award; initiating a tortious
liability against P&ID; registering the order of forfeiture of
assets of P&ID in London; and invoking the Mutual Legal
Assistance Treaty (MLAT) to extradite some suspects from abroad for
trial in Nigeria.

But the most urgent of the options, sources said yesterday, is a
likely request to INTERPOL to place Cahill and Quinn on red
alert.

A United Kingdom Commercial Court had ordered a stay of
execution of the $9.6billion damages secured against Nigeria by
P&ID pending the determination of an appeal by the Federal
Government.

It however asked the government to make a security payment of
$200million to the court within 60 days

The court also granted Nigeria’s leave to file an appeal against
the award.

But the court upheld the award and refused to reverse the
damages.

It ordered the Federal Government to pay £250,000 to P&ID as
ordered by Justice Christopher Butcher of the Commercial Court in
London.

Apart from challenging the legality of the $200million security
deposit within the 60-day window, the Federal Government and its
lawyers are looking at more opportunities of seeking redress.

Sources said the Federal Government was also looking at more
legal dimensions to the case against P&ID despite the fact that
it has filed a case at the UK Court of Appeal.

One of the sources said: “We are weighing more options on
P&ID despite the ongoing appeal against the $9.6billion
judgment secured by the company. We want to make it a
battle-to-the-finish.

“We know the Irish firm and its backers are also not relenting
in legal ambush against Nigeria. We have uncovered their plans
which we will frustrate.

“One of the legal windows is the possibility of instructing our
lawyers to file a fresh suit to set aside the arbitral award given
the fraud unearthed by the Economic and Financial Crimes Commission
(EFCC) before a UK Court.

“We might also consider a fresh suit for tortious liability
against P&ID.”

Tortious liability is described by Business Dictionary as:
“Legal obligation of one party to a victim as a result of a civil
wrong or injury. This action requires some form of remedy from a
court system.

“A tort liability arises because of a combination of directly
violating a person’s rights and the transgression of a public
obligation causing damage or a private wrongdoing. Evidence must be
evaluated in a court hearing to identify who the tortfeasor/liable
party is in the case.”

The source added: “This (tortious liability) is apart from the
step we are taking to register the forfeiture of assets of P&ID
to the Federal Government as ordered by a Federal High Court. This
may well turn out to be the most effective course for the Federal
Government.

“We may also take advantage of Mutual Legal Assistance Treaty
(MLAT) between Nigeria and some countries to bring some P&ID
officials to justice in Nigeria. I think the EFCC has sent a
request on MLAT to the Federal Ministry of Justice on this.”

Another source said: “The Federal Government may ask the
International Police (INTERPOL) to place a co-owner of P&ID,
Brendan Cahill and Adam Quinn, the son of the owner of P&ID,
Michael Quinn on red alert.

“We want these two highly-placed suspects to be extradited to
Nigeria for trial. They have a case to answer.”

Responding to a question, the source added: “There is certainly
no going back on the trial of some companies and suspects
implicated in the criminal conspiracy which led to the arbitral
award against Nigeria.

“The government will not stop the ongoing trial of a former
Legal Adviser of the Ministry of Petroleum Resources, Mrs. Grace
Taiga for corruption and procurement fraud.”

“Those to be prosecuted are Goidel Resources Limited, ICIL
Limited and all other associated companies of P&ID BVI.”

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