$10bn P&ID case: Ex-Lagos Attorney General, Shasore clear air on involvement

A former Attorney-General and Commissioner for Justice in Lagos State, Olasupo Shasore, has denied claims that he worked against Nigeria in the nearly $10bn case against Process and Industrial Development (P&ID), a firm registered in British Virgin Islands.

Shasore initially represented Nigeria in the case against P&ID.

However, he was accused of allegedly being induced to compromise the case in favour of the British firm. Equally important, Nigerian government authorities had disclosed that Shasore failed in effectively representing Nigeria.

Specifically, he was accused of pushing for a settlement with P&ID; which would have seen the country pays a hefty arbitration award.

Nevertheless, Shasore, a Senior Advocate of Nigeria (SAN) has denied the claims; insisting that he did his best in defending Nigeria. He made this known in a statement issued on Saturday.

Shasore, who disclosed that he did not represent Nigeria in the initial stages when the damages was awarded; described the allegations that he failed to present the best available defense as ‘unfounded’.

“I was instructed in this matter and accepted the instructions on behalf of my firm and to the knowledge of my partners in late 2012… I made every effort to defend and vindicate my client at every stage with very few tools and with minimal support from within the government itself. (Also) I represented Nigeria up until the liability stage in the arbitration.

“I did not represent Nigeria in the damages stage of the arbitration. Which means I was not involved when the huge sum of damages was awarded against Nigeria. The complete records will show the series of steps that I took to defend Nigeria and the several results; which I secured in that effort at various stages. None of these is consistent with the unfounded allegations that I failed to present the best available defense.’’

Indeed, Shasore admitted knowing that the arbitration over the botched gas contract was a scheme against Nigeria.

‘‘With very little or no cooperation from relevant government officials at the time; I filed a jurisdiction objection that potentially could and should indeed have terminated the case in favour of Nigeria because it was clear to us from the beginning that the contract was a scheme against Nigeria. When the then Nigerian officials failed to supply documents or any witness to defend their case; I fought liability by enlisting the support of the legal adviser of NNPC who gave evidence to the best of his knowledge when everyone else with knowledge, refused to do so.

“I instructed the UK firm of Stephenson Harwood; a respected international arbitration team, and a leading barrister to attempt to set aside the award on liability in England. It is on record that I fought hard for the tribunal to dispense with that evidence.

“I am happy that the falsity of that testimony has now been recorded in the High Court in England.

“Much issue has been made about the legal fees paid. This was payment to two law firms and not exceptional or unusual in the context of such a dispute. In fact, in order to extract the best possible case for Nigeria, it was from these fees that expenses were paid to ensure attendance at hearings and meetings in the UK by witnesses for Nigeria.”

Meanwhile, Shasore was reportedly paid the sum of $2m by the Nigerian National Petroleum Corporation (NNPC) for his involvement in the first and second stages of the arbitration.