An Abuja traditional chief who acted as bail surety for British national James Nolan, who is facing $11 billion P&ID fraud charges at the Federal High Court in Abuja, has been arrested.
George Kadiri, a retired civil servant and traditional chief in Gwagwalada, Abuja, was produced by the Economic and Financial Crimes Commission (EFCC) before trial judge Peter Lifu for bail bond forfeiture proceedings on Thursday.
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The EFCC charged Mr Nolan and his co-defendants in 2020 with money laundering connected with the fraudulent activities of the Process and Industrial Development (P&ID), a foreign entity used to secure a humongous arbitral award against Nigeria in 2017.
But the trial had been stalled since 2022 after Mr Nolan, who was said to be a key figure in P&ID’s activities in Nigeria, stopped appearing in court.
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The News Agency of Nigeria (NAN) reports that the former trial judge, Ahmed Mohammed, now a Justice of the Court of Appeal, revoked Mr Nolan’s N100 million bail on 28 September 2022, after prosecution lawyer Bala Sanga’s application reporting that the defendant had jumped bail.
The judge ordered Nigerian security agencies and Interpol to arrest him anywhere he was seen within or outside Nigeria and produce him for his trial to continue.
The judge also directed the defendant’s surety to appear to show cause why his N100 million bail bond should not be forfeited.
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On 4 November 2022, the bail surety, Mr Kadiri, urged the then-judge, Mr Mohammed, to give him more time to show cause why his bail bond should not be forfeited.
He made the plea in a motion on notice filed on his behalf by his lawyer, O.J. Aboge.
However, since the case was reassigned to the new trial judge Mr Lifu, the bail surety had not been coming to court. His continued absence from court prompted the judge to order the surety’s arrest.
Thursday’s hearing
On Thursday, prosecution lawyer Sanga said the commission had brought Mr Kadiri to court in obedience to court order.
“This charge here is different. I humbly apply for the bail bond should be forfeited,” he said.
But Mr Kadiri’s lawyer, Mr Aboge, sought a date to address the court on the issue of forfeiture of the N100 million bail bond.
“The cases before Justice Egwuatu and the one here are the same.
“I want to produce arguments on the various points raised before the court,” he said.
The lawyer then pleaded with the court to release his client on bail.
The lawyer to Mr Nolan and other defendants, Paul Erokoro, a Senior Advocate of Nigeria (SAN), agreed with Mr Aboge’s request to grant the surety bail.
Being a traditional chief in Gwagwalada, he will not run away, Mr Erokoro said.
“I stood surety for him at EFCC,” the senior lawyer added.
The anti-graft agency’s lawyer did not oppose the bail request or the request for an adjournment.
Mr Lifu then adjourned the matter until 5 November for the bail bond forfeiture hearing.
“Meanwhile, the surety, Chief Kadiri, is herein released to Paul Erokoro, SAN, on bail. He is to be produced in court until this issue of forfeiture of bail bond is resolved or determined by the court. I so rule,” the judge held.
Nolan’s legal troubles
NAN reports that the anti-graft agency first arraigned Mr Mr Nolan on 18 August 2020 before former trial judge Mr Mohammed in a suit marked: FHC/ABJ/CR/143/2020.
The British citizen was arraigned alongside Lurgi Consult Limited.
Mr Nolan stands accused in about eight other cases for his involvement in the $11 billion controversial judgement awarded against Nigeria in favour of P&ID.
Other cases listed before the new trial judge Lifu’s cause list on Thursday are marked FHC/ABJ/CR/1 44/2020, FHC/ABJ/CR/145/2020, FHC/ABJ/CR/146/2020, FHC/ABJ/CR/147/2020 and FHC/ABJ/CR/148/2020 respectively.
Nigeria’s long battle against P&ID
A UK arbitration tribunal issued a $6.6 billion award against Nigeria in 2017 over Nigeria’s alleged breach of a 20-year gas supply agreement entered into in 2010 with P&ID.
By 2023, when Nigeria succeeded in its efforts to have UK courts to overturn the tribunal’s decision, the award had risen to $11 billion from accumulated interests.
In October 2023, the UK court ruled in favour of Nigeria, finding that the arbitral award was fraudulently obtained by compromising Nigerian officials.
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While Nigeria sought redress against the arbitral awards in UK courts, it initiated criminal proceedings back home against P&ID and other culpable officials of the firms and the Nigerian government.
The government charged officials of P&ID and the Nigerian government as well as lawyers suspected to have contributed to the making of the fraudulent agreement and weak defence put forward for Nigeria at the arbitration hearing.
The efforts led to the charges filed against Mr Nolan and other Nigerians. The Nigerian government also secured the conviction of P&ID.
(NAN)
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