Alleged Fraud: Aviation Perm Sec sued over non-disclosure of contract details

As President Bola Ahmed Tinubu prepares to assign portfolios to his ministerial nominees who have been screened by the Senate, whoever becomes the Minister of Aviation may have a lawsuit waiting for them as a suit has been filed against the Permanent Secretary of the ministry, Dr Emmanuel Meribole. The Federal High Court, Abuja, will on September 2, hear the ex-parte motion instituted against Mr Meribole over failure to declare contract details of the ministry.  The plaintiff, Incorporated Trustees of Patriotic Youth Organization of Nigeria, through their lawyer, Mr Peter Abang, in suit FHC/ABM/CS/969/2023, dated July 17, 2023, prayed the court for an order granting leave to the applicant to apply for Judicial Review to its reliefs. The plaintiff prays the court for a declaration that the 1st Respondent (Permanent Secretary) has a statutory and public duty to furnish the Applicant information and details concerning the 2nd Respondent as contained in the Applicant’s letter of request dated 23rd June 2023.  He also prayed the court for a declaration that the refusal or failure of the 1st Respondent to respond to or comply with the Applicant’s request as contained in its letter dated 23 June 2023 constitutes a refusal failure of the 1st Respondent’s statutory and or public duty to the Applicant and is, therefore, unlawful, illegal, abuse of powers, abuse of discretion and ultra vires.  Barrister Abang urged the court to make an order directing and compelling the 1st Respondent, either by its staff, officers, privies, servants or otherwise howsoever described to issue, comply with and or make available to the Applicant or his privies or Counsel, information and details of contracts and expenditures as contained in the Applicant’s letter of 23° June 2023 as well as accept payment of the appropriate fees from the Applicant forthwith.  Some of the contract details being requested, in a letter dated June 23, 2023 include: Airstrip and other Capital Contracts by the Ministry from 2020 till date; list and locations of all Project Vehicles for the above mentioned contracts; list and locations of all Official vehicles the Ministry, including that of the former Permanent Secretary;  Contract Executed from Over-head from 2022 December till date; details of Approved foreign Programmes for the Permanent Secretary in the Ministry and its Agencies from 2022 December till date; Performance Management System Contracts and Expenditures from 2020 till date; Any other relevant document in relation to the foregoing. According to the applicant, following investigation being undertaken by the Applicant into the activities of the 2nd Respondent, spearheaded by the 1st Respondent and his various activities in office, the Applicant has a reasonable suspicion that there has been several lapses and various misconducts by the 1st Respondent, in relation to the discharge of his duties.  He said the request made in the letter is to enable the Applicant to compare the ownership of the assets and properties declared by the 1st Respondent in his Assets Declaration Forms as well as his lifestyle, with any other assets and properties which it suspects to be linked either to the 1st Respondent, his Children or even other third parties suspected to be acting for them. 

Lamido’s N712m Money Laundering Case: HEDA hails EFCC’s appeal

Anti-corrupt group, Human and Environmental Development Agenda (HEDA Resource Centre) has commended the Economic and Financial Crimes Commission (EFCC) on its appeal of the recent judgment of the Court of Appeal, Abuja judicial division. The Court discharged the former Governor of Jigawa State, Alh. Sule Lamido and his two sons, Aminu and Mustapha Lamido of corruption and money laundering charges on the grounds that the prosecution had filed the charge at the wrong judicial division of the Federal High Court. Earlier, the EFCC had charged the former Governor and his two sons with money laundering offenses at the Abuja judicial division. After presenting six witnesses, the anti-graft agency closed its case, and the defendants subsequently filed a no-case submission. However, Justice Ojukwu of the Federal High Court dismissed the no-case submission, ruling that the defendants had a case to answer. Dissatisfied with the ruling, the defendants decided to appeal to the Court of Appeal. A panel of three jurists, led by Hon. Justice Adamu Waziri, reviewed the case and concluded that the money laundering charge should have been filed in Jigawa State, where the alleged offenses were committed. Based on this finding, the Court of Appeal discharged the defendants. In response to the judgment, HEDA Resource Centre’s Chairman, Olanrewaju Suraju, expressed concerns, citing a precedent set by the Supreme Court in the case of Dele Belgore. In the Belgore case, the Supreme Court also overturned a no-case submission ruling by the Federal High Court. However, unlike the Lamido case, the Supreme Court ordered the case to be re-filed and prosecuted in the appropriate judicial division, which was Kwara State. Suraju also highlighted another relevant case, that of Senator Orji Uzor Kalu & Ors, wherein the Supreme Court overturned the judgment of the Federal High Court due to jurisdictional issues. In that case, the Supreme Court ordered a re-trial of the defendants, instead of discharging them. He stressed that an appellant whose appeal is based on an application or an interlocutory appeal, and not on the final judgment of the trial court, should not be discharged by the appellate court. Such discharges could set a wrong precedent, suggesting that technical errors may lead to acquittal. Suraju therefore called on the EFCC, as the prosecutor, to pursue further appeal at the Supreme Court. He emphasized that Nigerians cannot afford a precedent that fails to ensure consequences for money laundering, corruption, and misappropriation of public funds. The EFCC’s response and the potential implications of further appeal will be closely watched, as the case involves high-profile individuals and raises important questions about the judicial process surrounding corruption cases in Nigeria.

Nine states yet to implement Fiscal Responsibility Act -Chairman

The Fiscal Responsibility Commission (FRC) has said that many states in Nigeria are yet to implement the Fiscal Responsibility Act. The Chairman of the Commission, Mr. Victor Muruako, said this during an interview with the News Agency of Nigeria (NAN) on Tuesday in Abuja. He said that some states had passed the law, but were yet to set up fiscal responsibility agencies. “Some did not exactly pass the law, they just tried to have it, and even some that passed it just have it on record and are yet to implement the law. “As we speak about 26 states have adopted the law and are at various stages of implementation. “For some states, their Governors have not signed the law, some that have signed it into law are yet to set up the agencies, so as we speak it’s s a work in progress,” he said. He said the domestication of the Fiscal Responsibility Act was necessary to promote prudence in the management of resources in states. “When the need arose for the Federal Government to bail out states, there was an agreement of two conditions that must be met. “Part of which is the need for the sub-nationals to engage in reforms; one of the reforms is to pass the fiscal responsibility law, Audit law, and Procurement law at their level,” he said. Muruako commended the Nigerian Governors Forum for creating an enabling platform for peer review at sub-nationals. He said that the Commission was engaging the Forum to ensure that all states adopt and implement the Fiscal Act. “The forum has been a veritable forum to assist and they have done a lot to ensure that states engage in reforms,” he said.

Hold Shell accountable for Rivers’ oil spills, Oilwatch tells HYPREP  

Oilwatch Africa has called on the Hydrocarbons Pollution Remediation Project (HYPREP) to hold Shell Petroleum Company for recent oil spills in Rivers State. Oilwatch Africa is a civil society organization with a focus on the environment. According to a statement recently in Abuja by the CSO’s, Media and Communication Lead, Miss Kome Odhomor, two major oil spills within a week in Rivers State, is an indication that oil companies are yet to show seriousness about ensuring maintaining their facilities. “It is quite alarming that rather than remediating the harms, more investments are being made to expand the areas of threat. New investments in the fossil fuels sector and incessant new oil spills threaten to push the world into climate catastrophe and expose the wrongheaded pathway taken by nations when they gather at COPs for climate negotiations. “One oil spill was reported from a pipeline owned by Shell in Eteo community on June 13, 2023, while another occurred at Eleme Local Government Area of Rivers State on Sunday, June 18, 2023, in Oke-Olebo stream which is the only source of fresh water for the community,” the statement reads. A member of the Oilwatch steering committee, Nnimmo Bassey, reacting to the spill said “We have always advocated for a cleaner environment and we charge the Hydrocarbons Pollution Remediation Project (HYPREP) to take into account the new oil spills that threaten to derail the ongoing cleanup process. Steps should be taken to ensure accountability by offending parties”. Oilwatch Africa Coordinator Salome Nduta expressed dissatisfaction over the action of oil companies in Nigeria and across Africa. He said, “Recently at the just concluded Africa Energy Summit held in the UK, it showed that Africa is not just a geographical location but it is also a cow that should be milked dry for the gains of her captors. Polluters should be held accountable for loss and damage inflicted on communities in Africa”. Oilwatch Africa called on the Nigerian government to take charge and ensure the proper clean-up of polluted sites as well as payment of compensation for damages suffered. “As a group, we further charge all African governments to invest in renewable energy taking into consideration the true cost of extraction which is causing more harm than good to her peoples,” the group said.