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Supreme Court overturns Appeal Court’s order confiscating General Hydrocarbon’s oil vessel

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The Supreme Court of Nigeria on Friday dismissed a decision of the Court of Appeal ordering the seizure of FPSO Tamara Tokoni, a vessel containing crude oil pledged by oil-servicing firm General Hydrocarbons as collateral for a loan facility obtained from First Bank.

The five-member panel of judges, according to This Day newspaper, directed the release of the content of the vessel to General Hydrocarbons because the lawsuit initiated by the lender is contractual and not an admiralty matter.

In a similar vein, the court held that the Federal High Court and the Court of Appeal lack jurisdiction to hear the suit, given that the litigation is an admiralty dispute.

In September 2025, the Court of Appeal had ordered the sale of the crude oil aboard the vessel, directing that the proceeds be deposited in an interest-bearing escrow account under the custody of the chief registrar of the Court of Appeal.

The court threw out an earlier ruling of the Federal High Court, Port Harcourt, which dismissed First Bank’s claims over the diversion of proceeds from the sale of crude oil.

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The appellate court affirmed the dispute’s maritime nature and emphasised the importance of preserving the res (the crude oil cargo) as the core subject of litigation.

Background

Atlantic Energy Drilling Concepts, chaired by Jide Omokore, an associate of a former Minister of Petroleum, Diezani Alison-Madueke, obtained a credit facility from First Bank in 2011.

The $490 million loan was to finance the firm’s operating and capital expenditure requirements for drilling four oil wells with proven reserves (collectively known as the Forcados assets) and to fund its Strategic Alliance Agreement with the Nigerian Petroleum Development Company (NPDC).

Atlantic Energy’s assets and rights were pledged as collateral, with First Bank holding a charge over the company’s collection accounts. The debt went bad after payment defaults by Atlantic Energy

“In line with our commitment to address the legacy asset quality challenges, exposure to Atlantic Energy, our biggest NPL (non-performing loan), was written off in the second quarter,” Adesola Adeduntan, First Bank’s former CEO, said in 2019.

According to its financial report, First Bank reduced its non-performing loan ratio to 14.5 per cent as of June 2019, down from 25.3 per cent, after writing off the N126 billion loan.

Oba Otudeko, then chairman of FBN Holdings (now First HoldCo), later sought the help of Nduka Obaigbena, owner of General Hydrocarbons, to salvage First Bank from a potentially disastrous situation. That prompted the duo to agree to work together, according to Mr Obaigbena, who held an approved oil mining lease (OML) from former President Umaru Yar’Adua.

In a letter written to Yemi Cardoso, the governor of the Central Bank of Nigeria, dated 7 November 2024 and seen by PREMIUM TIMES, Mr Obaigbena argued that the NNPC under late Maikanti Baru failed to sign the security documents for the now bad, non-performing loan to Atlantic Energy Drilling Concept Nigeria Limited (Atlantic Energy) for OML 26, OML 42, OML30 and OML 34 under separate Strategic Alliance Agreements between Atlantic Energy and NPDC Limited, claiming it was a fraudulent scheme to defraud the Federal Government by the then minister of petroleum resources, Diezani Allison-Madueke.

He noted that it was obvious during the meeting, which he claimed to be part of, that the facilities granted to Atlantic Energy by First Bank did not follow due process.

“FBN was now faced with an unsecured and non-performing exposure of $718M and was on the verge of becoming a systemic risk to the banking sector,” he stated.

“It was discovered that FBN had given this loan recklessly without security as part of a scheme that funded Diezani Allison-Madueke and Kola Aluko (details of these are still being investigated by Nigeria’s Economic and Financial Crimes Commission, EFCC, and the United Kingdom’s National Crime Agency, NCA),” Mr Obaigbena added.

He noted that First Bank, AMCON, and General Hydrocarbons signed a tripartite deed on outstanding exposure, allowing Global Hydrocarbons to guarantee payment of a pending, now-discounted, outstanding exposure of $600 million in naira on the bank’s books.

“Once GHL signed the Outstanding Exposure Tripartite Deed effective 31st December 2021, FBN’s account, which was then classified by the Central Bank of Nigeria (CBN), was now whole agai,n having escaped a loan loss provision of 302Bn Naira against a profit of 151Bn Naira ultimately declared for the year ending 31st December 2021,” the document stated.

Last September, Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos granted an injunction restraining AMCON from appointing a receiver over General Hydrocarbons and its assets.

The court also forbade AMCON, its managing director, First Bank and the attorney general of the federation from taking any steps or continuing any moves to enforce any rights against the energy firm or its assets.

The rights, the court said, included “but not limited to freezing the accounts of the applicant, its directors or shareholders, the appointment of a receiver/receiver manager, asset manager, recovery agent, etc., over the applicant, the applicant’s assets, or the assets belonging to the applicant’s directors or shareholders.”

On 28 October 2025, General Hydrocarbons was directed by an arbitral tribunal to pay First Bank of Nigeria $112,100 and N111.25 million in legal and arbitration costs.

Justice Akaah Kumai, who gave the order, said failure by General Hydrocarbons to comply will attract a 10 per cent annual interest rate until full settlement.

The tribunal dismissed the allegation that First Bank sabotaged alternative financing arrangements on the ground that the claim lacked merit.

It also ruled that General Hydrocarbons was not entitled to any damages, expenses, or compensation for third-party contractors, unpaid salaries, or failed contracts.

Seyi Akinwunmi, the receiver/manager appointed by AMCON, disclosed in a newspaper advertisement dated 6 November 2025 announcing his appointment as receiver/manager over General Hydrocarbons, stating that the oil firm is now under receivership.

On the same day, AMCON formally requested that thirty-four financial institutions in Nigeria block access to the assets (including funds) held by them on behalf of the company.

“At the time AMCON appointed me receiver manager, there was no order against me. I was appointed under the law, and I am operating according to law,” Mr Akinwunmi told PREMIUM TIMES.

A lawyer of General Hydrocarbons informed PREMIUM TIMES at the time that AMCON had obtained the order to enforce the receivership from a court of equal jurisdiction presided over by Justice Adetayo Aluko.

The receiver/manager’s ploy to draft in a new lawyer – Oluseye Opasanya – into the legal battle to replace Abiodun Laniyonu, who had represented General Hydrocarbons right from the start of the tussle, hit a brick wall.

READ ALSO: Supreme Court upholds final forfeiture of N1.58 billion linked to former NIRSAL consultant

Justice Lewis-Allagoa said the step ran contrary to a current court order and quashed the move on that basis.

In December 2025, the Lagos Division of the Federal High Court struck out the order empowering AMCON to enforce receivership over General Hydrocarbons.

Justice Akintayo Aluko, who announced the decision, said a suit initiated by the receiver/manager appointed by AMCON is an abuse of court process in light of a subsisting order issued by the same court.

Mr Akinwunmi, the judge added, launched legal proceedings in disregard for the injunction granted by Justice Ambrose Lewis-Allagoa in September, restraining AMCON, its agents, privies, nominees, etc, from appointing a receiver over General Hydrocarbons and its assets.

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Cardoso, Okonjo-Iweala to Headline 7th Africa Emerging Markets Forum

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The Governor of the Central Bank of Nigeria (CBN), Mr. Olayemi Cardoso, and the Director-General of the World Trade Organisation (WTO), Dr. Ngozi Okonjo-Iweala, will headline a high-level fireside dialogue at the 7th Africa Emerging Markets Forum in Abuja.

Scheduled for July 29–30, 2026, at the CBN Headquarters, the prestigious gathering will bring together global central bankers, finance ministers, and leading economists to tackle practical policy responses to growing global economic uncertainties.

The event which will be hosted by the CBN in collaboration with the EMF  and the Centre for the Study of the Economies of Africa (CSEA), the 7th Africa Emerging Markets Forum will convene senior policymakers, central bankers, ministers, development partners, private-sector leaders and leading economists from Africa and around the world to examine practical policy responses to an increasingly uncertain global economic environment.

Held under the theme “Building Resilience Amidst Geoeconomic Uncertainties,” the 7th Africa Emerging Markets Forum will be headlined by the Cardoso–Okonjo-Iweala fireside dialogue, which will explore how African economies can build resilience, sustain reform momentum, deepen regional integration and unlock long-term growth amid an increasingly fragmented global economy.

The 7th Africa Emerging Markets Forum will also feature ministerial keynote addresses by the Minister of Finance and Coordinating Minister of the Economy, Mr Taiwo Oyedele, and the Minister of Science, Technology and Innovation, Dr Kingsley Udeh, underscoring the importance of coordinated fiscal, monetary and innovation policies in advancing Africa’s economic transformation and long-term resilience.

Other distinguished participants include Indermit Gill, Chief Economist and Senior Vice President for Development Economics at the World Bank Group; Harinder Kohli, Founding Director and Chief Executive of the Emerging Markets Forum; Professor Adamu Ahmed, Vice-Chancellor of Ahmadu Bello University; alongside senior policymakers, academics, development partners and business leaders from across Africa and beyond.

Over two days, participants will examine a wide range of issues critical to the future of emerging markets, including macroeconomic stability, regional economic integration, cross-border payments, financial technology, infrastructure, foreign direct investment, technology transfer, artificial intelligence, and the interconnected challenges of food price volatility, inflation and monetary policy transmission in fragile and post-crisis economies.

According to the organisers, the 7th Africa Emerging Markets Forum aims to foster open dialogue on issues of strategic importance to emerging markets and developing economies while identifying practical policy solutions that can be adapted to the unique circumstances of individual countries.

The Forum underscores the shared commitment of the Central Bank of Nigeria and its partners to strengthening regional cooperation, advancing evidence-based policymaking and promoting innovative solutions that enhance Africa’s resilience and support sustainable, inclusive economic growth.

The post Cardoso, Okonjo-Iweala to Headline 7th Africa Emerging Markets Forum appeared first on Business Today NG.

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US 12.5% tariff unlikely to hurt Nigeria – CPPE

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The Centre for the Promotion of Private Enterprise (CPPE) has said the United States’ decision to impose a 12.5 per cent tariff on imports from Nigeria is unlikely to have a significant impact on Nigeria’s economy.

The think tank disclosed this in a statement by its Chief Executive Officer, Muda Yusuf, on Sunday, citing the dominance of tariff-exempt petroleum exports and the relatively small share of Nigerian exports destined for the US.

On Friday, the United States announced a plan to impose a 12.5 per cent tariff on imports from Nigeria.

The US government said the decision is part of a new trade measure targeting countries that have failed to prohibit the importation of goods produced with forced labour.

CPPE said the tariff is part of a broader policy shift by the United States aimed at protecting domestic industries and strengthening manufacturing competitiveness.

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According to the think tank, the new tariff regime is a continuation of the reciprocal tariff policy introduced under US President Donald Trump, though it is now implemented under a different legal framework.

“CPPE’s assessment is that the new tariff regime represents a continuation of the Trump administration’s reciprocal tariff policy, albeit under a different legal framework.

“Following the judicial invalidation of the earlier reciprocal tariffs, the current measures appear to have been restructured under Section 301 of the U.S. Trade Act, with allegations relating to forced labour providing the statutory basis for their implementation,” CPPE said.

It added that although the legal basis has changed, the policy objective remains to essentially protect US domestic industries, strengthen American manufacturing competitiveness and advance broader US trade and economic interests.

Impact on Nigeria

The body said the direct economic implications for Nigeria would be limited because most of the country’s exports to the United States are petroleum products, which are exempt from the tariffs.

“Nigeria’s exports to the United States are heavily concentrated in crude oil, liquefied natural gas and other petroleum products, which account for more than 80 per cent of Nigeria’s merchandise exports to the US.

“These products have been exempted from the tariff measures, leaving the bulk of Nigeria’s exports unaffected,” the agency said.

CPPE also stated that the United States is not Nigeria’s largest export destination, noting that Nigeria’s first-quarter 2026 merchandise trade data showed that exports to the US accounted for only 5.56 per cent of total exports valued at about N21.6 trillion.

By comparison, India accounted for 13.09 per cent of Nigeria’s exports during the period, followed by France with 9.29 per cent, the Netherlands with 9.22 per cent and Spain with 7.68 per cent, placing the United States as the country’s fifth-largest export market.

ALSO READ: US tariff hike could hurt Nigeria’s export earnings, industrial growth – MAN

According to CPPE, these trade patterns reduce Nigeria’s exposure to the new tariff measures, noting that they will only have modest impacts on Nigeria’s export earnings, foreign exchange receipts and macroeconomic performance.

“While some non-oil exporters, particularly in agriculture and manufacturing, may experience reduced competitiveness in the U.S. market, the overall impact on Nigeria’s export earnings, foreign exchange receipts and macroeconomic performance is expected to be modest,” the body said.

The group added that the development reflects a broader shift in global trade towards protectionism and greater use of trade policy to advance domestic economic objectives.

Solution

CPPE urged Nigeria to accelerate export diversification, improve manufacturing competitiveness, deepen domestic value addition and maximise opportunities under the African Continental Free Trade Area.

It also called on the government to strengthen labour standards, improve supply chain transparency and engage the United States through diplomatic and trade channels to minimise the impact of the measures on affected exporters.

CPPE said the greater challenge for Nigeria lies in navigating an increasingly fragmented and protectionist global trading environment, rather than immediate export challenges.

“Overall, while the new US tariffs have generated understandable concern, their direct economic implications for Nigeria should not be overstated.

“The greater challenge lies not in the immediate loss of export opportunities, but in navigating an increasingly fragmented and protectionist global trading environment,” the think tank said.


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