The Judgement of the High Court Of England by MR JUSTICE BUTCHER
in the case of PROCESS & INDUSTRIAL DEVELOPMENTS LIMITED VS
FEDERAL REPUBLIC OF NIGERIA [2019] EWHC 2241 (Comm) against the
Federal Republic Of Nigeria in favour of Process and Industrial
Developments Limited is a concern for every patriotic citizen of
this country.
The judgment was for the enforcement of arbitral award in favour
of P&ID which was as a result of breach of contract by the
Federal Republic Of Nigeria.
The FRN was to supply natural gas (“Wet Gas”), at no cost to
P&ID
The judgment sum awarded was $9.6 billion, a humongous amount of
money.
But digging and digging, recently, cat was let out of the bag,
that Alfa Belgore, a former Chief Justice of Nigeria, provided
legal expert services to P&ID which ended up winning
arbitration which Nigeria has to pay $9.6 billion.
The conundrum that comes to mind is that:
Does the Learned Former Chief Justice’s action within the
purview of the Constitution?
For clarity purpose, here is the provision of Section 5 of the
Fifth Schedule of the 1999 Constitution of the Federal Republic of
Nigeria, 2011 as Amended, titled CODE OF CONDUCT FOR PUBLIC
OFFICERS.
Section (5) Subsection(1). Retired public officers who have held
offices to which this paragraph applies are prohibited from service
or employment in foreign companies or foreign enterprises.
(2).This paragraph applies to the offices of President,
Vice-President, Chief Justice of Nigeria, Governor and Deputy
Governor.
In my humble view, one does not need any rule of Interpretation
to understand that, the Former Chief Justice is precluded from
service or employment in foreign Companies or foreign
enterprises.
Thus, the Court of Appeal held in the case
ANIMASHAUN & ANOR v. OGUNDIMU & ORS
(2015) LPELR-25979(CA)
”The primary rule of construction is the literal
construction which requires that we give the words used in the
statute, and only those words, their ordinary and natural meaning,
omitting no words and adding none. Nwakire v. C.O.P. (1992) NWLR
(Pt.241) 289 per Nnaemeka-Agu JSC. See also PDP v. INEC (2014) 17
NWLR (PT.1437) PAGE 525 at 558 C-D cited by appellants’ Counsel
where the court observed: “The cardinal principle in the
interpretation of statutes is that the meaning of a statute or
legislation must be derived from the plain and unambiguous
expressions or words used therein rather than from any notion that
may be entertained as to what is just and expedient. The literal
rule of interpretation is always preferable unless it would lead to
absurdity and inconsistency with the provisions of the statute as a
whole.” See also DANGANA v. USMAN (2013) 6 NWLR (PT.1349) 50 at
80-81 H-B also cited by Appellants’ Counsel where?8 the apex court
observed: “Furthermore, where the words of a statute are clear,
unambiguous and unequivocally express the intention of the
lawmakers, effect must be given to them irrespective of whether
that produces a harsh or inconvenient result.” Per IYIZOBA, J.C.A.
(Pp. 8-9, Paras. B-A)
From the above court’s pronouncements, can one swiftly conclude
that, the former Chief Justice breached the provision of the
Constitution??
Now, one cannot but ask some questions which are begging for
answers.
Does the legal expert advice service provided by The Former
Chief Justice to P& ID was as a result of a Contract of
Employment or inform of Independent Contractor?
The above are of two different issues in law.
If the Legal expert service provided by The Former Chief Justice
was not of Contract of Employment(but of Independent
Contractor.
Then, the question now is;
Does the Constitution preclude the Former Chief Justice from
being consulted as an Independent Contractor by a foreign company
or enterprise?
One cannot answer the above question without clearly know the
meaning of the two terms from the legal perspective.
Meaning Of Contract Of Employment
The meaning of Employment of Contract was giving by the
Supreme Court in the case of Iyere v. Bendel
Feed & Floor Mill Ltd (2009) All FWLR (Pt 453) 1217 “A
contract of employment connotes a contract of service or
apprenticeship whether express or implied.. See also the case of
AFRAB CHEM LTD v. OWODUENYI(2014) LPELR-23613(CA)
The Court held in the case of SHENA
SECURITY COMPANY LTD V. AFROPAK (NIGERIA) LTD &
ORS.
(2008) LPELR-3052(SC)
”A contract of employment means any agreement, whether oral
or written, express or implied, whereby one person agrees to employ
another as a worker and that other person agrees to serve the
employer as a worker.
What is an Independent Contractor?
Independent contractor is a legal
term[1] that
encompasses all independent professional workers who are not
considered employees under the law.
The judicial meaning of independent Contractor was giving by the
Supreme Court in the case of SHENA SECURITY COMPANY LTD V.
AFROPAK (NIGERIA) LTD & ORS.(2008) LPELR-3052(SC)
”Where the contract allows the contractor to work for
people other than the employer, on the other hand, these are
persons referred to as independent contractors or
self-employed.
From the above , the Contract of Employment and Independent
Contractor are clearly different things and as a result of this ,
one cannot swiftly conclude whether the Former Chief Justice
breached the provision of the Constitution or not without looking
at the circumstances in which he provided the legal expert
service to the Process And Industrial Development.
Subscribe ToNairalaw News!
References
- ^
Independent contractor is a legal
term (www.irs.gov)