A major constitutional and investment dispute is unfolding in Nigeria, where a group of international investors and technology partners allege the illegal cancellation of a presidential directive that had approved their engagement in a national cargo tracking initiative aimed at combating crude oil theft and improving customs compliance.
The Donnington Consortium, led by Donnington Nigeria Ltd in partnership with Donnington International AG (Switzerland), DP World (UAE), and Vortexra (UK), has accused senior Nigerian government officials of overriding a lawful Executive Directive issued by former President Muhammadu Buhari in violation of the Nigerian Constitution and international investment treaties.
The directive authorized the consortium to implement a Cargo Tracking Note (CTN) system, including the monitoring of crude oil exports—a sector notoriously plagued by corruption and revenue leakages. The system, which was to be delivered at no cost to the Nigerian government, promised significant revenue recovery, transparency, and improved port efficiency.
However, the consortium claims that the presidential directive—backed by the Attorney General of the Federation and the Federal Ministries of Finance and Petroleum—was unilaterally canceled by the President’s Chief of Staff without any written delegation of authority, bypassing both legal and institutional channels.
“This is a serious breach of executive authority, the rule of law, and investor confidence,” said Bilkisu Tinuola Gambari, a dual British-Nigerian citizen, principal investor, and whistleblower in the project. “We were invited to invest under the full weight of a presidential directive. The illegal cancellation and backdoor reassignment of the project is tantamount to expropriation.”
Despite clear legal validation by the Office of the Attorney General, the Bureau of Public Procurement (BPP) allegedly declined to issue the required Certificate of No Objection for the project, stalling its implementation. The consortium contends this was done under political pressure and in contradiction of legal advice.
The consortium has now initiated legal proceedings in Nigerian courts and has served notice of intent to pursue arbitration under the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C., invoking bilateral investment treaties between Nigeria and the UK, Switzerland, and the UAE.
Adding to the controversy, Nigeria’s current Minister of Marine and Blue Economy recently admitted during a public appearance that the Donnington consortium had been unjustly bypassed, and acknowledged engaging one of their foreign technical partners directly—raising further questions of intellectual property breach, circumvention, and contract manipulation.
Legal observers say the case could test Nigeria’s compliance with international obligations and send ripples through its foreign investment landscape.
“Nigeria’s investment framework is under scrutiny,” said a senior international arbitration lawyer. “A finding of unlawful cancellation or treaty breach could result in a massive damages award, reputational fallout, and increased investor hesitation.”
Meanwhile, the Donnington Consortium has requested full restitution, damages, and protection of their rights under both domestic and international law, vowing to pursue the matter to its conclusion.
As tensions rise, the case may come to symbolize broader concerns about governance, institutional overreach, and accountability in Africa’s largest economy—particularly at a time when Nigeria is seeking to attract foreign direct investment amidst severe fiscal and security challenges.
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