We’re Closely Monitoring Egina Spill Situation -NIMASA
The Nigerian Maritime Administration and Safety Agency (NIMASA) has said it is closely monitoring the crude oil spill incident which took place during loading operations in Egina on 15th November 2023 at about 6:30am. The Assistant Director, Public Relations, NIMASA, Osagie Edwards, in a statement said the Agency is working closely with the National Oil Spill Detection and Response Agency (NOSDRA) and Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from the Crisis Management Room CMR, where the spill is being monitored real time using oil spill monitoring software from the Emergency Response Centre. NIMASA explained that though the volume of the spill is not yet confirmed, Total Energies is providing aerial surveillance, dispersant application, while further mobilization is being considered. “The Oil Spill Response Limited from the United Kingdom is also assisting with pollution control measures. Reconnaissance survey of the impacted area confirms that the shoreline communities of Andoni, Qua-Iboe terminals, Bonny Island, Opobo/Nkoro and Eastern Obolo, which are closest to Egina, are not yet affected,” the Agency said. NIMASA Director General of NIMASA, Dr Bashir Jamoh, noted that the Agency is in collaboration with all stakeholders to control the pollution and also put in place measures to prevent such occurrences in the future, in line with provisions of the MARPOL Convention. “Since the incident happened, our men have been liaising with other organs of Government to ensure the pollution is effectively controlled and managed, to protect the marine environment and the communities close to the incident point. Accidents do happen, it’s what we do thereafter that matters and I believe that the IOC Total, working with NIMASA, NUPRC, NOSDRA and collaborating with international service providers, will surely ensure proper management of the spill,” he said.
Kano Guber Judgement Saga: Appeal Court Cites Clerical Error
The Chief Registrar of the Court of Appeal, Mr Umar Mohammed Bangari has cleared air on the controversies surrounding the judgment delivered by the Court on Kano gubernatorial election dispute. Bangari in reaction to the controversies said that what happened in the judgment body was a clerical error that did not in anyway invalidate or change the findings and conclusion of the court. The Chief Registrar assured that the clerical error would be rectified once parties in the matter file formal application to that effect. He drew the attention of newsmen to Order 23 Rule 4 of the Court of Appeal Handbook which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter. He however insisted that contrary to insinuations, the judgment of the court remains valid. “What happened in the part of the judgment is just a mere clerical error that ought not to draw any issue. The Court is empowered to correct such clerical error and would be done as appropriate. There had been misgivings and a series of interpretations into the judgment which upheld the judgment of Kano State Governorship Election Petition Tribunal that invalidated the election of Kabir Yusuf of the New Nigeria People’s Party (NNPP) as winner of the March 18 gubernatorial poll.
Court Adjourns Suit Challenging Olukoyede As EFCC Chairman To 2024
The Federal High Court, Abuja has fixed February 22, 2024, for hearing in the suit challenging the appointment of Mr Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC).Justice Obiora Egwuatu stated this on Wednesday after the parties agreed that the date was convenient for all.When the matter was called, the plaintiff, Mr Victor Opatola, a lawyer who chose to represent himself, told the court that he had received the preliminary objections to the suit from the Federal Government and the Attorney-General of the Federation.Opatola, however, said that he had yet to receive any process from the National Assembly (NASS) and the EFCC chairman.The counsel representing NASS, Mr Israel Obaniyi told the court that the legal department of the Assembly passed the information to his team only on Tuesday.He said he would peruse the brief and file his response before the next adjourned date.The EFCC lawyer, Mr R.O Adakole also told the court that he would also put his house in order before the next adjourned date.The judge subsequently adjourned the matter until February 22, 2024.Opatola, an Abuja-based lawyer had dragged the federal government, NASS and Attorney-General to court over alleged illegal appointment of Olukoyede, as the Chairman of EFCC.The lawyer in the suit was challenging the validity of the appointment of the EFCC chairman.The lawyer asked the court to determine whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the Act, could be validly appointed as the EFCC chairman.He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC could be said to be above the rank of assistant commissioner of police or its equivalent.“Whether by the true construction and interpretation of Section 2(1) (a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.“Whether by the true construction and interpretation of Section 2(1) (a) (ii) (iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede who has not fulfilled the provisions of the law.”Opatola also prayed the court to make further declarations upon the determination of the above questions.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment made by the national assembly is void and of no legal consequence.”The counsel also asked the court for an order of perpetual injunction restraining the national assembly from confirming the appointment of the EFCC chairman.He further prayed to the court for an order of perpetual injunction restraining Olukoyede from holding office as chairman of EFCC.
Appeal Court Dismisses Uba, PDP’s Suit Against Gov Alia, Deputy
The Court of Appeal, Abuja division on Monday, dismissed an appeal instituted by the Governorship candidate of the People’s Democratic Party (PDP) Titus Uba, challenging the election of Hyacinth Alia as the elected Governor of Benue State. In a judgement delivered by the lead Justice, Onyekachi Aja Otisi dismissed the allegations of non qualifications made by Uba against the Deputy Governor, Samuel Ode. In a unanimous judgment, the Appallate Court held that the PDP gubernatorial candidate failed to establish forgery of INEC form EC9 by Ode beyond reasonable doubt as required by law. Among others, the Court of Appeal said that the issues of non qualifications are pre-election matters which can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba. Also, Justice Otisi said that a suit to challenge non qualifications can only be instituted within 14 days of occurrence of the subject matter. The Court also dealt with the allegations by Uba that the name of the Governor, Hyacinth Alia was not not submitted by the All Progressives Congress APC to the Independent National Electoral Commission INEC within 180 days before the election of March 18. The Court held that the allegations can survive because the primary election that produce Alia was ordered by a High Court and was done within the period ordered by the court. In the final analysis, Justice Otisi held that the appeal of Uba against the judgment of Benue State Election Petition Tribunal delivered on September 23 lacked merit and was dismissed. The Court subsequently upheld the judgment of the Tribunal and rejected the plea of Uba to void it and set it aside.
Lottery Regulation Feud: Supreme Court Hears Lagos, Ekiti Suit Against FG, March
Fifteen years later, the Supreme Court on Monday, fixed March 13, 2024 to hear a suit filed in 2008, by the Attorney General of Lagos State against the Federal Government, in respect of who controls and regulates the gaming and lottery sector. Ekiti state was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020. The Attorney General of the Federation is the 1st Defendant while the National Assembly is 2nd Defendant. The Attorneys General of 34 other States, were joined as defendants by the Supreme Court on November 15, 2022. A 7-man panel of the Supreme Court led by Justice Kudirat Kekere-Ekun, fixed the date at a resumed sitting on Monday. Bode Olanipekun SAN, announced appearance for Lagos State Government while Adetunji Osho appeared for Ekiti state. The Federal Government (1st Defendant) was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly. The Attorneys General of the 33 States were duly represented and announced appearances. However, there was no legal representation for Kwara state despite being served with hearing notice. The Supreme Court ordered Jigawa and Kaduna State Governments to put their houses in order by resolving the issue of legal representation before the next hearing date. Meanwhile, the apex court panel unanimously deemed all the processes filed out of time by the defendants as duly and properly filed, having been regularized. The application by the Attorney General of Oyo state to join as co- Plaintiff having been withdrawn, was struck out by panel. Justice Kekere-Ekun advised that all the State Governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date. Speaking to judiciary correspondents at the Supreme Court, Innocent Daagba, said he had filed processes and submissions of the Federal Government since 2020, adding that the processes have been regularized by the court, which clears the coast for hearing of the matter. Recall that on 15 August 2022, the Federal Government (the Nigerian Lottery Regulation commission and the Nigerian Lottery Trust fund) won against Lagos and other States, on the issue of multiple regulation in the gaming sector. The Bookmakers association of Nigeria had initiated the lawsuit to determine the legitimate regulators of gaming businesses because they complained about paying multiple taxes and licensing fees to States and the Federal Government. In the Suit NO: FHC/L/CS/15992020, filed before Hon. Justice I.N Oweibo of the Lagos High Court, the Judge declared that the Federal Government should be the sole regulator of gaming business in the country as the constitution is clear on the position of lottery in the exclusive list and the National Assembly can legislate on lottery matters. Despite the judgement, there is still not an end to the back and forth bickering between the bookmakers and State Governments on multiple taxation and regulation. On July 19, 2023, Justice Iniekenimi Oweibo of the Federal High Court (FHC) in Lagos State ruled that the Federal Government, through the National Assembly, had the exclusive right to legislate and control lottery activities in the country. Few months after the FHC judgement, a Lagos State High Court delivered another judgement holding that matters pertaining to lottery and one-chance betting were subjects under the residual list in the constitution. By this, the judge held that Lagos State had the right to regulate the sector. However, by a further amended originating summons marked SC/1/2008, the Plaintiffs want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended). They are seeking a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria. “A declaration that having regard to the clear provision of Section 4(4)(a), (b) and Part ll of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), matters relating to lottery do not fall within items which the National Assembly and State Houses of Assembly are concurrently empowered to make Laws with regard thereto. “A declaration that having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Lagos State Government, vide the Lagos State House of Assembly has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State. More so, the Plaintiffs are praying for, “A declaration that having regard to the clear provisions of Sections 4(4)(b), (7)(a) and 299(a) of the Constitution as amended, the power of the National Assembly to make Laws to regulate and control the operation of lottery is limited by the 1999 Constitution to only the Federal Capital Territory. “A declaration that Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, made by the National Assembly are inconsistent with the provisions of the 1999 Constitution. Further more, they want “A declaration that the National Lottery Act CAP N145, Laws of the Federation of Nigeria is inconsistent with the provisions of the 1999 Constitution. In addition, the Plaintiffs want “An order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria. Also, they are praying for “An order of perpetual injunction restraining the 1st Defendant either by himself, agents’ privies, agencies of the Federal Government of Nigeria or Federation of
Forex Deals: BUA Sponsoring Lies Against Our Brand – Dangote
The Management of Dangote Industries Limited (DIL) has refuted allegations that it engaged in illegal foreign exchange deals, warning those peddling the allegation of economic sabotage against the company to desist from such underhand practices. It gave the warning following claims in some sponsored reports in the online media, suggesting that the company is being probed for alleged illegal foreign exchange deals and money laundering by the Special Investigator, Jim Obazee who is probing the Central Bank of Nigeria (CBN) under the leadership of the former CBN governor, Mr. Godwin Emefiele. In a statement at the weekend, DIL described the allegation as “spurious and a rehash of a similar report peddled out of malice by a competitor, BUA Group, masquerading as a concerned Nigerian in 2016.” Dangote recalled that the spurious and false story was started in 2016 and published in both BusinessDay and Leadership Newspapers, and accused the authors of the report of rejigging it to make it appear as authentic and a new development. Dangote said: “It is saddening to note that this publication of Monday, March 14, 2016 in BusinessDay and Leadership newspapers where the author had alleged that about “$3billion foreign exchange sourced from the CBN were diverted to other Dangote companies outside Nigeria, a practice that encourages round tripping and effect money laundering since there is no proper documentation”. DIL management explained that the same false report back “in 2016 was now being given a fresh false slant by one Ahmed Fahad purporting it to be a new petition directed to the attention of President Bola Ahmed Tinubu and Mr. Jim Obazee, the Special Investigator probing the CBN, and subsequently different blogs and social media platforms have been carrying variants of this arrant falsehood to the detriment of our corporate reputation.” The statement said “attempt by the authors of this misleading allegation to give it a fresh life in the media is baffling as the two newspapers that were misguided into publishing it as advertorial then (2016) have since publicly apologised to the Management of Dangote Industries Limited in writing as well as retracted the advertorial in its entirety in their respective publications. Indeed, BusinessDay and Leadership Newspapers admitted that the advertorial was sponsored by Messrs. BUA Nigeria Limited.” DIL re-emphasised that foreign exchange for its numerous projects were sourced strictly from Interbank Foreign Exchange market in compliance with the CBN approvals and that “Letters of Credit” were established for the construction of the various operational plants and for the purchase of heavy equipment and spares required for the take-off of the Dangote Cement plants. “The terms and conditions for payments on the transactions were clearly spelt out in the Letters of Credit instruments and in line with the International Chamber of Commerce – Universal Customs & Practice for Documentation Credit – UCP 600. It is also crucial to note that the Letters of Credit in favour of Sinoma International Engineering Co Ltd (a Chinese Government owned company), being the major contractor who accounted for over 75 per cent of these expenditures were paid against the presentation of all relevant shipping documents. There was no single payment that was made through any Dubai company owned by us,” the statement noted. DIL explained its forex dealings thus: “all FX purchased in respect of our African Projects expansion were fully utilised for what they were meant for. The projects for which the FX was utilised are visible for everyone to see. It is on record that some of these projects were commissioned by Nigerian top-ranking government officials and in attendance were Chief Executives of various banks, Captains of Industries and the Presidents of the host countries supported by their Senior Government Officials.” The company further stated that funds invested in its expansion project across African countries are legitimate capital investments in those countries and the repatriation of FX in sum of $576 million so far has helped to boost foreign Exchange earnings in Nigeria and stabilise the FX Market. Besides, DIL emphasised that it had “always funded the construction of her various plants from Interbank FX Market in line with the CBN directives and relevant periodic progress reports were submitted to the banks for onward submission to the Central Bank of Nigeria.”
Case Against Tinubu: Atiku, Obi Know Fate On Thursday
The Supreme Court is scheduled to deliver its judgement on Thursday, in the cases of Peter Obi of Labour Party and Alhaji Atiku Abubakar of Peoples Democratic Party (PDP) against President Ahmed Bola Tinubu. The Petitioners are before the Apex Court challenging the ruling of the Presidential Election Petition Tribunal (PEPT) in favour of Tinubu. In a Notice of Appeal predicated on 35 grounds, Atiku told the apex court that the tribunal in the judgment delivered by Justice Haruna Tsammani erred on the side of law and miscarriage of justice in its findings and conclusion in the petition. He maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation”. Obi on his part, wants the Apex Court to set aside the whole findings and conclusions of the Tribunal on the grounds that they did not represent the true picture of the grounds of his petition. Reacting, counsel to the 1st, 2nd and 3rd Respondents respectively, urged the court to dismiss the appeal for want of merit and for being frivolous. Specifically, Tinubu’s lawyer, Wole Olanipekun SAN described Atiku’s appeal as abusive in nature and ask it to dismiss it. Tinubu urged the apex court to act in like manner of the Presidential Election Petition Tribunal (PEPT), by not only dismissing the appeal for lacking in merit and bona fide, but affirm his victory.
Alleged $280m Libel: Ex-NNPC COO Ewubare Demands N2bn, Apology From Whistleblower
A former Chief Operating Officer of Joint Ventures and Business Development at the Nigerian National Petroleum Corporation, Chief Roland Ewubare has demanded the payment of N2 billion damages from Mr George Uboh, for publishing a libelous and untrue story against him in his online platforms. Ewubare is demanding immediate retraction of the libelous story published online on 12th July 2023 and tender a full and unqualified apology (to be given a prominent place on the front page of seven widely read/circulated newspapers including his various platforms and on the internet to his client. His counsel, Ojonimi S. Apeh Esq., in a pre-action notice dated July 13, 2023, and addressed to George Uboh, is demanding a solemn declaration from Uboh, never to libel his client (Ewubare) again through his platform or any other means. Ewubare’s lawyer gave Uboh, not later than 7 days from the date of receipt of the notice to comply with the demands of his client or face prosecution. Apeh stated that Uboh had through his online platform named as George Uboh TV (GUTV) and George Uboh Magazine, published and or disseminated a story to the world titled: “Re: Mele Kyari, Roland Ewubare, Belema Oil, Jack-Rich Tein, etc Involved In $280 USD Fraud Allegation”. The said story had alleged among other things that George Uboh Whistleblowers Network (GUWN) was availed of documents germane to illegal transfer of $280 million USD to Belema Oil producing Ltd tied to a phantom servicing of Oil Well OML 55. However, Apeh stated that the allegations in the publication were “absolutely force, untrue, malicious, unfounded, wicked, mischievous, reckless, libelous and calculated to cause him to be shunned, avoided or exposed to hatred, ridicule, contempt, opprobrium before millions of Nigerian citizens and others worldwide and to convey an imputation on him, disparaging or injurious to his person, career and office as a responsible citizen”. “Our client, Chief Roland Ewubare is a law abiding Nigerian and is an urbane, upright, incorruptible, transparent and well-mannered gentleman who had occupied several offices in the past wherein he led with strict adherence to the rule of law, accountability, prudence and deep sense of patriotism” Apeh stated. The lawyer posited that by the content of the publication, particularly the allegations, insinuations and or innuendos contained therein or arising therefrom, Uboh had clearly portrayed his client as “corrupt, kleptomaniac, devious, inhumane, dubious, irresponsible, and somebody who uses his position to foster and perpetrate corruption and self-aggrandizement. “All these you have deliberately done with the view to lowering our client in the estimation of right-thinking members of the society, nationally and internationally. “It is clear that your story is not only untrue, but a well orchestrated plan to harmfully malign and hurtfully libel our client before members of the public and humiliate him. “It is also clear that your story is a fabricated one considering that you could not provide any concrete fact or evidence to back your fictitious allegations which is within the limited purview of your imaginations. “Notwithstanding that the allegations contained in your publication are untrue and false; you have published them mala fides, with the intention to ridicule our client before the whole world and rubbish his hard-earned reputation for excellence and damage the good career and reputation he has built over several years. “Be it known to you that our client is not a criminal. Apeh stated that since the false and malicious story was published and has continued to appear online, Ewubare has been inundated with several calls and still continues to receive phone calls, messages and mails from the international community and top government officials in and outside Nigeria and several phone calls from his friends and associates all of whom have seen and read the bundle of lies as contained in the publication. “Many of these personalities have indeed openly expressed serious concerns as to his alleged conducts as reported and or published by your organization, which allegations they claimed will definitely affect their continuous dealings with him. “As a result of your dastardly publication of this deliberate falsehood against our client, he has suffered and continues to suffer severe humiliation, mental and emotional anguish, pain and suffering. Apeh said the action of Uboh has not only caused his client unquantifiable damage, but also loss of good will and destruction of reputation.