Nigerian President Muhammadu Buhari has vowed to continue a crackdown against corrupt officials. AFP
Nigerian President Muhammadu Buhari has vowed to continue a crackdown against corrupt officials. AFP
Nigerian President Muhammadu Buhari has vowed to continue a crackdown against corrupt officials. AFP
Nigerian President Muhammadu Buhari has vowed to continue a crackdown against corrupt officials. AFP

Nigeria fights $9.6bn bill over failed gas project


Paul Peachey
  • English
  • Arabic

Nigeria’s government appealed to a London court on Tuesday for more time to try to overturn a $9.6 billion award over a failed power project.

An arbitration court awarded a company $6.6bn in 2017 after the African government failed to deliver on a promise to build a gas pipeline for the 20-year contract that had been signed seven years earlier.

The “eye-watering” penalty has since grown to nearly $10bn with interest – amounting to a quarter of the foreign reserves of Africa’s largest economy, and more than its income from oil last year.

The Nigerian government has missed a deadline to appeal against the ruling but is seeking an extension during a two-day hearing this week after claiming that the deal with Process and Industrial Developments Ltd (P&ID) was riven with corruption.

The project was designed to provide gas to generate power for millions of people but never got off the ground. The government claims that the deal relied on bribes to government officials and their family members dating back to 2009 and that evidence of a “highly orchestrated scam” had only just come to light.

The case has raised questions about the role of arbitration to resolve business contract disputes in a faster, cheaper and more discreet way than going to civil courts. The arbitration process in London has been used by DP World, the world’s largest port operator, to pursue a claim against the Government of Djibouti over its seizure of the container terminal at Doraleh.

The dispute over the gas-pipeline contract only came to light after P&ID went to the High Court in London to enforce the ruling.

Nigeria wants another hearing for the judge to decide whether there was misconduct that could overturn the contract. Its lawyers applied to the US courts in March seeking documents from ten banks to try to prove corruption allegations.

It claims that it has uncovered two payments to the daughter of a Nigerian official totalling about $10,000, including one just 11 days before the deal was signed. The official, Grace Taiga, was the chief lawyer for the Petroleum Ministry at the time.

Nigeria's anti-graft agency charged Ms Taiga last year with accepting bribes and failing to follow protocol related to the contract. She has pleaded not guilty and awaits trial.

“This case is an affront to decency - on any view, this is obviously an eye-watering amount of money,” said Mark Howard, the lawyer for Nigeria.

Mr Howard said the decision to include an arbitration element to the original deal contract was part of the fraud.

P&ID, a British Virgin Islands-registered firm, denies wrongdoing and says that Nigeria has run out of time to appeal against the arbitration decision. It says the Nigerian government invented the fraud allegations to avoid paying its legitimate penalty.

“Nigeria’s conspiracy theory against P&ID, hatched almost a decade after the gas-supply agreement was signed, relies on speculation and conjecture with no basis in fact,” a spokesperson for P&ID said.

First Person
Richard Flanagan
Chatto & Windus 

Scorecard:

England 458 & 119/1 (51.0 ov)

South Africa 361

England lead by 216 runs with 9 wickets remaining

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

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Who's who in Yemen conflict

Houthis: Iran-backed rebels who occupy Sanaa and run unrecognised government

Yemeni government: Exiled government in Aden led by eight-member Presidential Leadership Council

Southern Transitional Council: Faction in Yemeni government that seeks autonomy for the south

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