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Paul Hinks Director details VideoPaul Hinks - 180
HINKS: The challenge is the ability of the generators and distributors to provide large-scale equity and debt for the rehabilitation work.
The acquisition of the assets was generally financed by the Nigerian commercial banking sector but Nigeria needs international development finance institutions DFIs , export credit agencies ECAs and private equity to get involved so that the owners of these assets can push forward with development.
Many have adopted a wait-and-see approach and some are expecting some sort of shakeout, with deals coming onto the table if assets become distressed.
This approach is not helping Nigeria. However, the IMF discourages governments from issuing such guarantees for private sector investments. Investments will be limited until African power utilities have a strong payment track record, allowing DFIs to provide funding without guarantees.
This may well be the single biggest obstacle to powering Africa. When Nigeria builds a track record as a trusted counter party, the need for guarantees will be obviated.
As privatisation is new, many developers and most financial institutions will require sovereign guarantees or another instrument that will provide adequate security.
Nigeria is not prepared to issue sovereign guarantees and they are developing other ways of satisfying lenders, such as the inclusion of put and call options in PPAs.
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This article is from the Utilities chapter of The Report: Nigeria Explore other chapters from this report. All 40 Countries.
Nigeria Energy Interview View in online reader. Interview: Paul Hinks How can international firms best leverage the opportunities offered by the Power Africa initiative?
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Law and democracy are two crucial elements of governance that most African nations have for a generation been consolidating, but of which not all have achieved.
But here in Malawi, a rigged general election in February was overturned by the Constitutional Court, and the country returned to the polls in June — ousting long term President Peter Mutharika and electing in his place opposition leader Lazarus Chakwera, a renowned theologian and church leader.
Sadly, the world is littered with examples of decisive victories at the ballot box — followed by disappointment in delivery. His party, administration and state institutions have stood firmly behind him on these actions.
His ability to move with speed has been reinforced by the independence of the judiciary — as was demonstrated by its overturning of the first election result and its capacity to bring fair and honest cases before the courts.
Fortunately for Malawi, the courts have proven their worth by ruling on the corruption cases put before them. Chakwera has gone further, addressing governance and regulatory issues that have kept investor confidence at bay since independence.
A recent geological survey has revealed that this is possible — and Malawi is far richer in mineral resources than previously thought along with significant deposits of uranium, bauxite, iron ore, alluvial gold, coal, graphite, gemstones and rare earth metals.
Wilson based on an email Mr. Wilson sent following a confidential settlement conference. In its order, the Court found that Mr. Wilson violated the Court's orders and otherwise engaged in misconduct.
Accordingly, the Court ordered Mr. Wilson to pay the reasonable attorney's fees and costs Symbion incurred in bringing their motion for a protective order, the motion for sanctions, and in complying with the Court's order.
The Court further ordered Symbion's attorneys to file an application for fees including an affidavit that described their reasonable attorney's fees and costs.
The Court now addresses that application. The Court may award attorney's fees and costs based on its inherent authority to punish a litigant for misconduct and abuse of the judicial process.
See Farmer v. Banco Popular of N. Sanctions may include payment of the other party's reasonable expenses incurred because of having to file a motion for sanctions, including attorney's fees.
White v. GMC , F. Nevertheless, "[w]here a court sanctions a recalcitrant party for his abuse of process by an award of fees and costs," the Court must use sound principles to govern its award of fees and costs.
See Farmer , F. First, the amount of fees and costs awarded must be reasonable. Second, the award must be the minimum amount reasonably necessary to deter the undesirable behavior.
And third, because the principal purpose of punitive sanctions is deterrence, the offender's ability to pay must be considered.
Depending on the circumstances, the court may consider other factors as well, including the extent to which bad faith, if any, contributed to the abusive conduct.
There are two elements to the reasonableness inquiry: first, whether the attorney has exercised billing judgment and deleted excessive, unnecessary, or redundant fees from his or her fee application, and second, whether the fee award is reasonable in light of the success obtained.
See Hensley v. Eckerhart , U. Generally, the starting point for determining the reasonable amount of attorney's fees is to calculate the number of hours reasonably expended and to multiply that number by a reasonable hourly rate the "loadstar" amount.
See Robinson v. City of Edmond , F. The Court has an obligation to exclude hours not "reasonably expended" from the loadstar calculation.
Malloy v. Monahan , 73 F. In support of its application for fees, Symbion submitted the affidavit of Stephen Hamilton, the attorney of record in this case, and a declaration of R.
Scott Greathead. Greathead is Symbion's outside counsel and is licensed to practice law in New York. Greathead is not licensed in New Mexico, however, and has not entered an appearance in this case.
The Court will only allow fees from the attorneys and the associates in their firm who have entered an appearance in the case.
Greathead has not participated as counsel of record in this case, and Mr. Wilson could not have anticipated that he would be responsible for paying Mr.
Greathead's fees as a sanction.