Securiport v Benin
- Forum
- ICC arbitration 1
- Case number
- Not found in the sources opened 1
- Contract
- Signed 18 November 2015, ended by the Council of Ministers on 11 May 2016 3
The contract and its termination
La Nouvelle Tribune reported that the contract between Securiport and Benin was signed on 18 November 2015 3. Benin Web TV reported that it was signed under President Boni Yayi and covered passenger screening at the international airport in Cotonou 5.
On 11 May 2016 the Council of Ministers ended the contract, as reported by Marcel Zoumenou of La Nouvelle Tribune 3. The government cited the powers of the police over immigration data and Law No. 2009-09 on personal data 3. Securiport was ordered to stop its activities on 20 May 2016 3. The same report says the government installed a company named Morpho Dys on 11 January 2017 3.
The ICC award
Securiport brought ICC arbitration against Benin. The award is dated 24 January 2019 in reporting by La Nouvelle Tribune and in a statement by Securiport official Abdou Raman Soumanou 3,4.
As reported by Damien Charlotin of IAReporter on 22 April 2020, the tribunal found that the underlying contract did not contravene data privacy laws and awarded US$95 million in compensation 2. The full award text was not found in a public database during research for this page 2.
| Source | Amount stated |
|---|---|
| IAReporter, 22 April 2020 | US$95 million 2 |
| Global Arbitration Review, 12 November 2020 | US$95 million 1 |
| Statement by Abdou Raman Soumanou, 25 January 2021 | US$100 million plus interest he put near US$30 million 4 |
| La Nouvelle Tribune, 22 January 2021 | Debt of about US$127 million at 31 December 2020 3 |
| Benin Web TV, 24 June 2021 | FCFA 55.5 billion 5 |
Benin's corruption challenge in France
Benin asked a French court to set the award aside. It argued that the underlying contract was procured through corruption, as reported by Cosmo Sanderson of Global Arbitration Review on 12 November 2020 1.
The court refused to set aside the award and rejected the allegation that the contract was procured through corruption, according to the same report 1. Global Arbitration Review did not name the court or give the ruling date 1. La Nouvelle Tribune reported that the Paris Court of Appeal confirmed the award on 27 October 2020 and found the termination of the contract illegal 3. That date rests on this one press report. It could not be checked against the judgment, a court database or the arbitration press during research for this page 1,3. The judgment text was not found in a public database during research for this page, so its reasoning is not summarised here 1.
Criminal proceedings in Benin
La Nouvelle Tribune reported on 22 January 2021 that the CRIET, Benin's court for economic crimes and terrorism, had issued an international arrest warrant against Abdou Raman Soumanou, a Securiport official, and foreign associates 3. The report did not state the charges 3.
In a statement published on 25 January 2021, Mr Soumanou said the prosecutor alleged that Securiport had illegally obtained confidential documents from ministers handling the negotiations 4. He disputed this, said the warrants were national only, and called them an attempt at intimidation 4. His description of the warrants as national differs from La Nouvelle Tribune's report of an international warrant 3,4. He said Securiport had not been convicted by the CRIET 4.
Benin Web TV reported on 24 June 2021 that the Supreme Court of Benin, sitting in plenary, declared inadmissible the cassation appeal of Securiport and others, citing a report in La Nation of 23 June 2021 5. The appellants had asked the court to order the CRIET to end the proceedings against them 5.
Positions of the parties
- Benin: argued before the French court that the contract was procured through corruption 1. When it ended the contract in 2016 it cited police powers over immigration data and the personal data law 3. No official Benin statement on the award was found in the sources opened 3,4.
- Securiport: Mr Soumanou said the arbitrators found the allegations against him false and that the Paris Court of Appeal confirmed this 4. He said the government had refused frank discussions on the debt 4.
Common questions
How much did the ICC tribunal award Securiport against Benin?
Global Arbitration Review and IAReporter reported US$95 million 1,2. A Securiport official put the figure at US$100 million plus interest 4.
Did the Paris court accept Benin's corruption argument?
No. As reported by Global Arbitration Review, the court rejected the claim that the contract was procured through corruption and refused to set aside the award 1.
When did the Paris Court of Appeal rule?
La Nouvelle Tribune dated the ruling 27 October 2020 3. This date could not be confirmed from the judgment or a second source.
Has Benin paid the Securiport award?
No source opened for this page says the award has been paid. Securiport's official said in January 2021 that the debt was unpaid and that his company had begun enforcement measures 4. No source opened says any enforcement step succeeded.
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Sources
- Global Arbitration Review, Cosmo Sanderson: Benin fails in corruption challenge to airport award (12 November 2020)
- IAReporter, Damien Charlotin: Revealed, in Securiport v. Benin an ICC tribunal finds that the underlying contract does not contravene data privacy laws (22 April 2020)
- La Nouvelle Tribune, Marcel Zoumenou: Mandat d'arret international contre Abdou Raman Soumanou et ses associes (22 January 2021)
- La Nouvelle Tribune: statement by Abdou Raman Soumanou, Securiport official (25 January 2021)
- Benin Web TV, Cochimau S. Houngbadji: Affaire Securiport, la decision de la Cour supreme connue (24 June 2021)
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