Lagos Deep Offshore Logistics (LADOL), operators of the Egina Floating Production Storage and Offloading (FPSO), has sued its partner Samsung Heavy Industries, over an alleged disregard for Nigerian laws and regulations on doing business.
LADOL is in charge of logistics for the Egina FPSO while Samsung handles the fabrication and integration.
There has been wrangling between the partners over claims that LADOL imposes charges outside the contract of the Lagos free zone thereby making it unattractive to investors.
According to media reports, LADOL had allegedly imposed a one per cent charge on the $3.3 billion Egina Floating Production Storage Offloading (FPSO) by Samsung Heavy Industries which the company claimed was not in the original contract documents.
The company denied the allegation. But the disagreement between the companies has snowballed.
In a statement issued over the weekend, LADOL’s managing director, Jadesimi Ladi, stated that her company had filed a suit at the Federal High Court against Samsung alleging that its partner’s operation in Nigeria has been fraught with “mischief and reckless disregard for stakeholders” including regulators, employees and Nigerian citizens.
“Samsung has brazenly and persistently flouted Nigerian laws and breached contracts it duly signed with Ladol and its affiliates,” the statement read.
According to Ms Ladi, the suit was precipitated by Samsung’s “refusal to abide by Conditions of Service for Nigerian Staff and abuse of Nigerian workers, violating procedures of the Nigerian Customs Service, Violation of Nigerian immigration procedures, breaches of Nigerian Content Development and Monitoring Board regulations, refusal to remit statutory tariffs to the Federal Government despite several demands from the Nigerian Export Processing Zone Authority.”
She also alleged that Samsung was “sponsoring the publication of malicious and false information about Nigerian government agencies and the business climate in Nigeria, thereby denigrating the Ease of Doing Business regimen in Nigeria, Persistent failure to comply with rules and regulations of the Free Zone, concealing sums of money provided for in the head contract from LADOL, their local content partner.”
LADOL’s boss further accused Samsung of “demanding huge unconscionable variations from their client (Total/NNPC Joint Venture) and by extension from the Nigerian people, exclusion of their Nigerian content partner from operational activities, and thereby refusing to transfer technology and blatant repudiation of major contractual terms in agreements duly signed with Ladol.”
“Samsung’s activities threaten the safety and peace of the free zone and of other responsible Nigerian and foreign Enterprises doing legitimate business within the zone. Samsung is committed to operating in a manner that brazenly defies our Nigerian regulators, flouts our laws, maltreats Nigerian workers and sabotages the economy of our dear country,” the statement claimed.
Ms. Ladi added that her company has, therefore, decided not to renew Samsung’s licence.
“Samsung failed to meet the minimum standard required to qualify for an Operating License in a Free Zone, their license has therefore expired without renewal Samsung’s Sublease Agreement has been duly terminated”
“Ladol has been the local content partner for Samsung Heavy Industries Nigeria (Samsung) for the Egina FPSO project. As a responsible Nigerian company, Ladol has put public duty and national interest ahead of its private interests and concerns for some time, with respect to the Egina project and the actions of Samsung. However, LADOL now has no choice but to bring to the fore issues that have arisen due to the actions of Samsung.”
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