ALSCON: BFIG writes BPE, threatens contempt proceedings against agency, DG

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The legal counsel to BFIGroup, the Nigerian-American consortium declared the winner for the Aluminium Smelter Company of Nigeria (ALSCON) in 2004

, has written to the Bureau of Public Enterprises to demand the immediate and unconditional compliance with the July 6, 2012 order of the Supreme Court on the ownership of the plant.

Under the Civil Process Act, Cap. 551, Laws of the Federal Capital Territory and the Judgment Enforcement Rules, Form 48 contains a copy of the court order to be served on the respondent. Where the respondent fails to obey, Form 49 is issued for committal for contempt.The National Council on Privatisation declared BFIG winner of the bid for ALSCON with an offer of $410 million. But, the bid was cancelled by the Bureau of Public Enterprises in controversial circumstances.

Specifically, the judge directed BPE to “provide the mutual agreed Share Purchase Agreement for execution by the parties.” Mr Ikwueto said the SPA ordered by the Supreme Court was accompanied with annexures classified by Section 19.1 include a financial statement of ALSCON for the year ended December 31, 2004; ALSCON Post-Acquisition Plan; List of Liabilities of ALSCON; List of Facilities of ALSCON; List of land Plots of ALSCON; List of Compensation Scheme of Employees of ALSCON, and List of Employee Benefit of ALSCON.

On February 27, 2019, he said BFIG executed and delivered to BPE for counter signature the mutually agreed SPA with all annexures as provided by BPE in 2004 and reproduced in 2012 pursuant to Supreme Court judgement on July 6, 2012.

 

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