A British lawyer, Seamus Andrew, has lost his bid to overturn findings of misconduct in connection with a high-profile legal dispute involving Nigeria and the British Virgin Islands-based company, Process & Industrial Developments (P&ID).
Andrew had been a legal representative for P&ID during a lengthy arbitration case against Nigeria, which initially awarded the company $11 billion in damages over a failed 2010 gas supply and processing agreement. However, the 2023 ruling by London’s High Court set aside the award, after the court found that the contract and arbitration were tainted by bribery and other irregularities.
In the same judgment, the court concluded that Andrew, who became a director and part-owner of P&ID in 2017, had acted improperly. It found that he and other P&ID lawyers obtained confidential documents from Nigerian officials during arbitration proceedings, which the court said they knew they were not entitled to access. The judge described Andrew’s actions as “indefensible.”
Andrew challenged these findings at the Court of Appeal, claiming the High Court failed to provide sufficient notice or explanation for its criticisms of his conduct. He argued that the judgment lacked fairness and that he was denied a proper opportunity to respond.
However, in a ruling delivered on Tuesday, Lord Justice Julian Flaux dismissed Andrew’s application for permission to appeal. The judge held that the application was filed too late and that the criticism of Andrew was both foreseeable and well-supported by the facts presented
Overall, the finding that Mr Andrew’s conduct was indefensible was plainly correct,” Justice Flaux said.
During the proceedings, it emerged that Andrew stood to gain financially from the arbitration outcome, with an agreement entitling him to as much as 20 per cent of any recovery from Nigeria, potentially up to $3 billion of the original award.
In a response issued after the ruling, Andrew said: “Although I am disappointed by the outcome of my appeal, I believe that I acted in accordance with my professional duties and I am confident that my position will be vindicated in due course.”
The case had attracted international attention, as the $11 billion claim represented a significant portion of Nigeria’s foreign exchange reserves. The High Court ruling in Nigeria’s favour marked a major legal and financial turning point for the country, which had argued that the original arbitration was obtained through fraud and misconduct.
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