004122
46.The Applicant submits that, under a partnership agreement between his company,
COMON SA and PHILIA GROUP LTD, they first signed a Confidentiality Agreement
to cover all confidential information exchanged between the two structures as regards
oil commercialization projects and then a Memorandum of Understanding (MOU) for
the establishment of a roadmap to carry out all the activities related to the two projects
through a joint venture platform (JV). The two parties agreed on the principle of costs
and revenue sharing as follows: 75.5% for coMMoN sA and 24.do/o for pHlLlA
GROUP Ltd.
47.Ihe Applicant submits that following the commencement of the international drug
trafficking case, he lost the trust of the partner who terminated the said agreement.
For the prejudice caused by this loss of business opportunity, he is claiming the
amount of One hundred and fifty billion (150,000,000,000) CFA Francs.
*
48.The Respondent State recognises the licenses and authorizations granted to the
companies wAF ENERGY sA and BENTN ENERGY olL sA to import, store and
distribute petroleum products in Benin, but declines any responsibility for the failure
on the part of the Applicant to implement the projects. lt contends that since the
Applicant and his partner obtained the licences, it did not take any action to either
withdraw or annulthe said licences, and the Applicant and his partner remained free
to carry out, at all times, the activities in respect of their projects separately or jointly.
49.The Respondent State also argues that, with regard to the letter suspending the
partnership between the Applicant and PHILIA GROUP, it expresses serious doubts
as to the authenticity of the said letter, and states that it is an invention of the Applicant
for the purposes of the case. The Respondent State further rejects any responsibility
for the termination of the partnership between PHILIA GRoup LTD and
coMoN sA,
arguing that the criminal proceedings instituted against the Applicant resulted in his
release on 4 November 2016 after judgment 2611FD, and as such, it was open to the
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