Judul : AGF Celebrates FG's N4bn, €185m Arbitration Victory
link : AGF Celebrates FG's N4bn, €185m Arbitration Victory
AGF Celebrates FG's N4bn, €185m Arbitration Victory
The Federal Attorney-General and Minister of Justice, Prince Lateef Fagbemi, SAN, has revealed the positive outcome of the final arbitration decision delivered by a panel established through the Alternative Dispute Resolution Center of the Federal High Court on November 11, 2025.
A statement provided to journalists in Abuja on Friday, issued by the media assistant to the AGF, Kamarudeen Ogundele, stated that the Claimant (Fougerolle v Fougerolle) commenced the arbitration through an Arbitration Notice dated 12th December, 2022, nearly 18 years after the relevant contract was terminated by the Claimant on 30th January, 2004.
The matter involves a contract signed on 31st March, 1981, between the Federal Republic of Nigeria (FRN) and a partnership consisting of Fougerolle Nigeria Ltd and Fougourolle SA (a French firm), concerning the building of civil infrastructure at the Iron and Steel Complex in Ajaokuta, Kwara (now Kogi) State.
The AGF stated that, in violation of the contract terms and Fougerolle's commitment, Fougerolle requested the Tribunal to enforce further payment of unverified and unapproved amounts totaling N3,846,098,403.00 and €185,733,496.00.
Previously, the federal government hired Price Waterhouse to check for any debts owed to Fougerolle after ending the contract.
This resulted in a payment of N3,894,600,000.00 to Fougerolle via FGN Bonds on 11th September, 2006. Fougerolle executed an indemnity on 8th September 2006, acknowledging the aforementioned amount as a complete and final settlement. Nevertheless, more than 16 years later, Fougerolle initiated this claim.
The Tribunal supported the Federal Government's initial objection questioning the validity of Fougerolle's hypothetical claims mainly because they were time-barred, lacked proper disclosure of a valid reason for the claim as FGN bonds along with Fougerolle's indemnity had settled the debt, and there was no qualified party to make the claim.
Nevertheless, the Tribunal examined Fougerolle's claim on its merits and determined that Fougerolle did not succeed in proving its case. It was also concluded that Fougerolle had effectively waived all further claims against the Federal Government, as the payment through FGN Bonds fulfilled the contractual obligation between the parties.
The Tribunal dismissed Fougerolle's request for expropriation and the assertion that it provided compensation under pressure.
The AGF mentioned in the statement that the entire case was ultimately dismissed, thereby preventing the federal government from facing over N4 billion in liabilities.
The case was represented by officials from the Federal Ministry of Justice, in line with the AGF's dedication to enhancing the ability of ministry personnel to handle complex litigation and alternative dispute resolution issues, thereby safeguarding the interests of the FGN.
The statement noted that the decision also highlights the current administration's commitment to contest all exploitative and opportunistic claims directed at Nigeria, while also stressing the government's policy of encouraging ADR as a method for resolving disputes.
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