The trial judge ordered the arrest of the British national, James Nolan, who faces multiple charges regarding the controversial P&ID $9.6 billion judgement following his absence from Wednesday's proceedings.
The Federal High Court in Abuja has ordered the arrest of a British national who is said to have jumped bail and stopped appearing for trial regarding the controversial P&ID $9.6 billion judgement.
Ahmed Mohammed, the trial judge, ordered James Nolan's arrest following his absence from Wednesday's proceedings, a statement by the Economic and Financial Crimes Commission (EFCC) said.
In a ruling on Wednesday, Mr Mohammed said Mr Nolan had breached the terms of his bail, according to the EFCC's statement signed by the commission's spokesperson, Wilson Uwujaren.
The judge revoked the bail and issued a bench warrant for his arrest.
He also ordered his surety to appear in court to justify why the bail bond should not be forfeited to the government.
Mr Nolan is said to be a director in different firms linked to Process and Industrial Development (P&ID), a company incorporated in British Virgin Island and beneficiary of the controversial $9.6bn arbitral award against Nigeria in London.
Background
An arbitration tribunal in London, the United Kingdom, had held Nigeria liable for the alleged breach of a Gas Supply Processing Agreement (GSPA) it entered into with P&ID in 2010.
In August 2019, the United Kingdom's Business & Property Courts granted P&ID ian order permitting the firm to enforce the arbitral award which had then risen to $9.6 billion.
But Nigeria mounted an aggressive legal battle to stop the enforcement of the judgement on the premise that the GPSA leading to the arbitral award was fraudulent.
The EFCC had launched an extensive investigations exposing foreign and Nigerian players involved in the activities of the firm, as well as federal government officials who allegedly took bribe to sign the fraudulent agreement leading to the humongous $9.6 billion judgement.
The commission filed multiple charges against different actors, including Mr Nolan, allegedly involved in the company's scheming.
On 18 August 2020, EFCC arraigned Mr Nolan in six separate cases involving money laundering charges.
He was arraigned separately along with his six companies in the six cases.
The companies are: Exophoenix Nigeria Limited Babcock Electrical Projects Limited, L.I.R Resources Nigeria Limited, Marshpearl Nigeria Limited, Lurgi Consult Limited, and Kriatholm Nigeria Limited.
Mr Nolan is accused of violating different provisions of Nigeria's anti-money laundering law regarding the activities of the firm.
Earlier on 21 October 2019, the Briton was arraigned before another judge of the Federal High Court in Abuja, Okon Abang, on 16 counts of money laundering, tax evasion, forgery of immigration documents, among others.
Wednesday's proceedings
Mr Nolan was absent when the case involving one of his six companies, Lurgi Consult Limited, came up before Mr Mohammed on Wednesday.
The defence was due to cross-examine the first prosecution witness, Temitope Erinomo, at the proceedings.
But prosecuting counsel, Bala Sanga, expressed dismay over the absence of Mr Nolan in court.
Mr Sanga also said the first defendant, Lurgi Consult Limited, had never been represented in court, as a corporate body, since the matter started.
He told the judge that investigations by the EFCC showed that the property given by the surety, in Gwagwalada, Abuja, was not worth N100million.
The prosecuting lawyer then prayed the court to direct the defence team not to further delay the case.
Responding, defence counsel, Micheal Ajara, similarly expressed surprise over his client's absence.
"My Lord, the defendant in question has always appeared in court, except for the last adjourned date that he was sick.
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"His medical report shows that he has bipolar, a history of mental illness and it is uncertain if the defendant is fine. We have notified the police, including the prosecution, and all efforts to ascertain his whereabouts have proven abortive," he said.
He prayed the court to grant the defence time to ascertain his whereabouts.
But the judge said the court of law would not act on uncertainties. "What is clear to the court right now, is that the second defendant is nowhere to be found and there is no justification with certainty of his whereabouts."
Mr Sanga, the prosecuting counsel, then urged the court to revoke Mr Nolan's bail, issue a bench warrant for his arrest and and another order for the forgeiture of the bail bond.
The judge, in agreement, revoked the defendant's bail and ordered his arrest. But on the request for the forfeiture of the bail bond, the judge ordered the surety to appear to make a case why such order of forfeiture should not be issued by the court.
