Oriental Energy in 4m Dollar Debt Mess

Published

1 year ago

July 3, 2022

The Federal high court sitting in Lagos, south west Nigeria has adjourned till 28 of September,2022, when hearing will commence in a case of debt recovery of USD4,143,856.70 filed against Oriental Energy Resources Company by Borr International Operation drilling company,being an alleged outstanding approved and unpaid invoices for the drilling services rendered in accordance with Contract for the provision of Jack-Up Drilling Unit and Drilling Rig Services rendered in the Defendant’s Ebok Field in OML 67.

The drilling company in a suit filed by its lawyer, Barrister,Gabriel Uduafi is also praying the court for interest on US$ 4,143,856.70 million based on the current London Interbank Offered Rate (LIBOR), one month interest rate increased by 5 percent and calculated pro data on a daily basis from 6th October, 2021, till the date of liquidation of the judgement debt.

In its statement of claim, the Plaintiff stated that by the relevant provisions of the contract, the Drilling Operations, which the Plaintiff was engaged to carry out was required to be done within the Firm Term of 120 days.

It stated that going by the relevant provisions of the Contract, there was no fixed-or set target that the Plaintiff was obligated to achieve, as the Contract was not a turnkey but a day rate’ contract; and to this effect, Clauses and Schedule of the Contract explicitly set out the various rates to include Operating Rate, Standby Rate, Repair Rate, . Force Majeure Rate, Redrill Rate, Moving Rate and Zero Kate.

The plaintiff stated that the Lump Sum payments under the contract are the Mobilization cost of $450,000 and the

Demobilization cost of $250,000, a sum Which become due and payable upon the completion of the contract.

However,following the default in making payment as stipulated under the Contract, the plaintiff wrote to the Defendant both by mail and letters, demanding for the payment of the outstanding and approved invoices and that the Defendant wrote replies raising issues and points that are completely alien to the Contract as its reason for not making the payment.

The Plaintiff contended that in setting up a completely ridiculous claim, the Defendant claimed spread cost for nonproductive time (NPT) in the total sum of US$3,437,500.00 where there is no provision in the Contract to support such claim.

The Plaintiff added that following series of engagement , it was compelled to instruct its lawyers to issue a demand for the payment of the invoices, and by a letter dated 19th January, 2022 the Plaintiffs Solicitors delivered a formal demand for the payment of some of the outstanding invoices in the sum of US$2,533,749.12 net of taxes.

Rather than simply honour its payment obligation under the Contract and credit the Plaintiff with the value of the invoices, the Defendant caused its Solicitors to reply the Plaintiff’s formal demand by the letter dated 26th January, 2022 by which the Defendant now seeks to claim the sum of $10,511,754.00 as spread cost for non-productive time (NPT) and consequential loss, as against the sum of US$3,437,500.00 initially set up by the Defendant in its earlier engagement with the Plaintiff.

The plaintiff added that in accordance with the provisions of the Contract, the same came to completion on 10th October, 2021 when the Plaintiff’s Drilling Unit left the Defendant’s Ebok Field OML 67.

Plaintiff avers that by the Completion Date, the lump sum Demobilization Rate of US$250,000 became due and payable.

The reasons given by the Defendant in refusing to honour its payment obligation under the Contract are flimsy, frivolous, vexatious and ultra vires, the provisions of the Contract between the Parties, and having approved the invoices, the defendant is obligated to make the payment within the stipulated 30 days under the Contract.

Consequently,excuses given by the Defendant in failing to honour its contractual obligations to the Plaintiff are simply provocative, as same are not supported or derived from the Contract.

The Plaintiff is being denied of the payment due to it in respect of the services rendered to the Defendant

as a result of which the Defendant is indebted to the Plaintiff to the tune of US$4,143,856.70 as stipulated under Clause 11.2 of the Contract.

It will be in the interest of justice to grant all the reliefs claimed in this suit adding that except the Court intervenes and grant the reliefs sought, the Defendant will continue to default in the payment of the invoices which have been duly approved for payment by the Plaintiff.

In its defence, Oriental Energy Resources Limited stated that the company is not indebted to the Plaintiff in the manner alleged in it’s claim or in any manner whatsoever as the invoices upon which the alleged debt purportedly arose are disputed by the defendant.

The Defendant stated that the Plaintiff misled it into agreeing to the mobilisation of the drilling rig to commence the contract, by fraudulently misrepresenting to the Defendant that its drilling rig, Borr Natt, was suitable for the Defendant’s Drilling Programme.

In an affidavit deposed to by Abraham Faga, a Well Engineering Manager in the Defendant company, he stated that the Defendant is not indebted to the Plaintiff in the way and manner alleged in its claim or in any way and manner whatsoever as the Defendant is disputing the invoices upon which the purported debt arose.

He averred that without the Plaintiff’s fraudulent misrepresentations, the Defendant would never have commenced the contract and approved mobilisation of the drilling unit, hence the issue of Plaintiff’s invoices which were issued within the contract would never have arisen.

He added that the Defendant would, be claiming for a refund of all payments it has so far made to the Plaintiff as the payments were fraudulently obtained.

He claimed that due to the Plaintiff’s fraudulent misrepresentation, the purported execution of the contract was completely appalling with non-productive time of over 25 days attributed to rig related repairs which is unprecedented in the industry for drilling operations.

He stated that the Plaintiff hastily commenced this suit under undefended list to mislead the court into believing that the Defendant has no defence to its claims.

The deponent further stated that Justice will be better served if the Defendant is allowed to defend the suit.

He urged the court to transfer the suit to Ordinary Cause List for a complete and holistic determination of all issues in controversy.

Business

Trade minister, Uzoka-Anite launches NATEP, targets 50 Million jobs for youths

Published

1 day ago

September 24, 2023

CelebrityPlus

The minister of Industry, Trade and Investment, Dr Doris Uzoka-Anite has launched the National Talent Export Programme (NATEP) in a bid to position Nigeria as a talent export hub designed to create not less than one million jobs in the next five years.

The Minister performed the launching on behalf of President Bola Ahmed Tinubu at the sidelines of the 78th Session of the United Nations General Assembly (UNGA), in New York, United States of America.

In her opening remarks at the launch of the initiative at the Microsoft office in NewYork, the minister highlighted the need to ensure Nigeria takes the lead in exporting global talents that are doing well across the world which will also drive a huge investment in training and also attracting more investment in talent exportation.

According to her, the initiative is in line with President Bola Tinubu’s Renewed Hope agenda to diversify the Nigerian economy, create sustainability opportunities and generate about 50 million jobs for the youths over time.

“NATEP is an initiative that will serve as a special purpose vehicle (SPV) to position Nigeria as a leading global hub for service export, talent sourcing and talent export.

“As part of our strategy towards achieving this, President Bola Tinubu whose agenda is job creation, we have initiated a National Talent Export Programme (NATEP) for Nigeria, which targets the creation of one million jobs across Nigeria with a target of five years in line with the theme of this year’s UNGA, which is rebuilding trust and igniting global solidarity, accelerating action on the 2030 agenda and the sustainable development goals towards peace, prosperity, progress and sustainability for all”, the minister said.

Uzoka-Anite further informed the large gathering comprising of world leaders and other giant tech companies across the globe like; Amazon, World Economic Forum, Microsoft group, Flour Mills Nigeria, Meta, Google and a host of others, that the global talent sourcing industry is valued at $620 billion as at 2020 and industry pundit have forecasted it will be valued at about $904 billion by 2027.

“Nigeria can supply top talents for the global service export and outsourcing business. With over 1.7 million graduates from higher education institutions entering the workforce annually, this will reduce the burden of unemployment and over-dependence on the government for jobs”, she explained.

The Minister further noted that NATEP was specially created to arrest the bottleneck facing the talent and service sector export industry, which will enhance competitiveness, and innovation, and drive sustainable development growth, empowerment and training through trade and value chain exchange.

She added: “Nigeria is ready to become a global hub for talent export, as the government is ready to take full advantage of the African Continental Free Trade Agreement (ACfTA) to penetrate the huge continental market and target job opportunities.

“As a country, we have a significant value proposition for regional and global markets for the export of services. We will actively target Greenfield and brownfield job opportunities in the United Kingdom, Europe, China, Canada, the United States of America and a host of other countries”.

The Minister For Communications, Innovation and Digital Economy, Dr. Bosun Tijani, while addressing participants at the launch disclosed that launching NATEP was timely, adding that to drive the mandate for Nigeria to be positioned as one of the global talent export hubs in Africa and the world will see Nigeria benefit more in terms of generating huge revenue, digitalization of the economy, more robust data protection opportunities and also avert the massive brain drain within the youth demography.

According to him, Nigerians in the diaspora are doing great things in the tech world, adding that it’s time for Nigeria to benefit by making more money and develop other youths to maximize their potentials.

“With a youthful population and over 1.7 million graduates from higher educational institutions joining the workforce each year, Nigeria has the potential to provide high-quality talent for the Global Service export and outsourcing industry. We must first identify them, train them and make the world see the stuff they are made of. We will not only create jobs but also empower them with the basic skills of survival and pass them on to the next generation” Dr Tijani said.

Business

The Disappointing State of Customer Relations Among Instagram Merchants

Published

4 days ago

September 21, 2023

CelebrityPlus

By Otunba Deoye Otukoya

Introduction:

In today’s digital age Instagram has become an indispensable platform for businesses to connect with customers and promote their products or services. With the increasing popularity of Instagram stores it is essential for merchants to prioritize good customer relations. However a prevalent issue that deserves attention is the lack of professionalism and poor communication exhibited by some Instagram merchants. Many customers have reported incidents where the merchants provide their phone numbers on their timelines but fail to respond adequately or display unpleasant attitudes when contacted. This article aims to shed light on this concerning trend and the implications it has on customers and businesses alike.

1. Accessibility Matters:

One of the fundamental aspects of ensuring good customer relations is the accessibility of the merchant. By voluntarily providing their phone numbers merchants convey the impression of being available and open to customer inquiries. However the reality often falls short of this expectation. Too frequently customers are left frustrated and inconvenienced when their attempts to contact merchants go unanswered for days or are met with dismissive responses. This lack of availability undermines trust and damages the overall customer experience.

2. Unprofessional Attitudes:

Another significant concern is the unprofessional conduct and negative attitudes displayed by certain Instagram merchants when interacting with customers. The success of any business hinges on creating a positive relationship with consumers. However some merchants who put their phone numbers out for public use have been observed to have a lackadaisical approach towards customer engagements. Instances of rude behavior impatience and unhelpfulness have been reported leaving customers feeling disrespected and discouraged from engaging with that particular merchant or even shopping on Instagram altogether.

3. The Ripple Effect:

The ramifications of poor customer relations go beyond individual experiences. When customers have negative encounters with Instagram merchants they are likely to share their frustrations with friends family and online communities. Word-of-mouth plays a crucial role in shaping a merchant’s reputation and negative reviews can quickly spread damaging the business’s credibility. Consequently merchants who fail to prioritize customer relations may find themselves losing potential customers and hindering their long-term growth prospects.

4. A Call for Improvement:

To address this issue it is imperative for Instagram merchants to recognize the significance of good customer relations and take proactive steps to improve their interactions with customers. Some crucial measures include:

a. Prompt Responses: Merchants should aim to respond to customer inquiries in a timely manner ideally within 24 hours. This showcases attentiveness and professionalism fostering positive customer relationships.

b. Polite and Respectful Communication: Merchants need to maintain a respectful tone even when faced with challenging or repetitive customer inquiries. Good customer relations require patience and understanding.

c. Training and Empathy: Merchants should invest time in training their customer support staff emphasizing the importance of empathy and effective problem-solving. Understanding the customer’s perspective can go a long way in providing satisfactory resolutions.

d. Feedback and Improvements: Merchants should actively seek feedback from customers to identify areas for improvement. This feedback loop can assist in refining their customer relations strategies and forging stronger connections with their target audience.

Conclusion:

The alarming lack of good customer relations displayed by some Instagram merchants is a disheartening trend that affects both customers and businesses. By prioritizing accessibility professionalism and respect in their interactions merchants can foster an environment of trust and loyalty. Overlooking the importance of good customer relations may lead to a decline in sales and reputation. Ultimately developing strong customer relations on Instagram will not only boost customer satisfaction but also drive growth and success for merchants in the long run.