The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), is pleased to report a favourable final arbitral award issued on 11th November 2025 by a Tribunal constituted under the auspices of the Alternative Dispute Resolution Centre of the Federal High Court.
The Claimant (Fougerolle V Fougerolle) initiated the arbitration vide a Notice of Arbitration dated 12th December, 2022, about 18 years after the subject Contract was terminated by the Claimant on 30th January, 2004.
The case relates to a contract dated 31st March, 1981, between the Federal Republic of Nigeria and a Joint Venture of Fougerolle Nigeria Ltd and Fougourolle SA (a French company), for construction of civil works in the Iron and Steel Complex at Ajaokuta in Kwara [now Kogi] State.
Contrary to contract terms and Fougerolle’s undertaking, Fougerolle moved the Tribunal to compel additional payment of unverified and uncertified sums of N3,846,098,403.00 (Three Billion, Eight Hundred and Forty-Six Million and Ninety-Eight Thousand, Four Hundred and Three Naira) and €185,733,496.00 (One Hundred and Eighty-Five Million, Seven Hundred and Thirty-Three Thousand, Four Hundred and Ninety-Six Euros).
Previously, the Federal Government engaged Messrs Price WaterCooperhouse to verify any indebtedness due to Fougerolle after terminating the contract. This led to payment of N3,894,600,000.00 to Fougerolle vide FGN Bonds on 11th September, 2006. Fougerolle signed an indemnity on 8th September 2006, accepting the above sum as full and final settlement. However, over 16 years after, Fougerolle brought the instant claim.
The Tribunal upheld the Federal Government’s preliminary objection challenging the competence of Fougerolle’s phantom claims principally on grounds of being statue barred, non-disclosure of reasonable cause of action as FGN bonds coupled with Fougerolle’s indemnity extinguished the debt, and absence of a competent claimant.
