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Court Rules P&ID Is Fraudulent; Should Forfeit Assets In Nigeria

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Court
The Law

By Akinwale Kasali

The Federal High Court has ordered P&ID to forfeit all its assets to the Nigerian Government.

The court also convicted the suspects arraigned on allegations of fraudulent involvement in the 2010 contract between the Nigerian government and an Irish firm, the Process and Industrial Development (P&ID).

The court gave its ruling after the suspects pleaded guilty to an 11-count charge filed by the anti-graft agency, Economic and Financial Crimes Commission, EFCC.

The suspects are Muhammad Kuchazi, said to be a commercial director with P&ID incorporated in the British Virgin Islands, and Adamu Usman, who was described as a director of the firm in Nigeria.

Following the details recommended by the EFCC, the court convicted Usman for the offences mentioned in the 11 counts,  while Kuchazi was convicted based on the offences in the first ten counts which had his name.

The charges, read out in court, related to money laundering, abuse of office, and economic sabotage.

Deciding on the matter after the guilty plea, the Judge said he had taken note of the guilty plea and the pieces of evidence tagged exhibits PW1a and PW1b.

He then convicted the accused based on the plea taken.

The lawyer representing the EFCC, Bala Sanga, argued that “where a corporate body is convicted of an offence, the court may order that all its assets be forfeited.”

The Judge, Edward Ekwo, then asked why the EFCC failed to file its charge pursuant to Section 54 of the Company and Allied Matters Act.

Mr Ekwo said the punishment to be given to the convicts, who had legal representation in court, is contained in the Advance Fee Fraud Act and the Money Laundering Act.

“An order is hereby made that the assets of Process and Industrial Development company be forfeited to the Federal Government of Nigeria, another order is hereby made for the second convict to be round up and his properties and assets forfeited to the Federal Government of Nigeria”, the judge ruled

The Agreement

The EFCC commenced an investigation into the contract between Nigeria and P&ID following a British court ruling that Nigeria owed the Irish firm about $9 billion for violating terms of the contract.

The contract for gas supply and processing (GSPA) was signed by the administration of late President Umaru Yar’Adua and P&ID.

The company was to build gas processing facilities around Calabar, Cross River State, and the government was to supply wet gas up to 400 million standard cubic feet per day. The agreement defined wet gas as “associated gas removed, during oil production, having a propane content of not less than 3.5 mol per cent and a butane content of not less than 1.8 mol content, compressed and delivered via pipeline to the site.”

In turn, the company “shall operate and maintain the GPFs (gas processing facilities) on a professional basis to ensure a regular supply of Lean Gas (approximately 340 MMSCuFD) for power generation.” Lean gas, defined as “pipeline quality gas having a composition of not less than 95 mol per cent of methane and ethane,” was what the government was to take after supplying wet gas for processing by the company.

A three-member arbitration panel that reviewed the contract had ruled against Nigeria and ordered the government to pay the firm $6.6 billion as damages.

A British court last month ruled against Nigeria’s objection to the 2017 arbitration.

The money with interest has now accumulated to about $9 billion (approximately N3.24 trillion), over one-third of Nigeria’s 2019 budget.

The judgement was delivered by Justice Butcher of The High Court of Justice, Business and Property Courts of England and Wales.

Nigeria has since condemned the ruling and said it suspects that various officials involved in the negotiations did so for pecuniary reasons.

The ruling is expected to give Nigeria a stronger bargaining chip in any negotiations with P&ID or in any related trial outside Nigeria.

Victory For Police Women, Court Nullifies Marriage Permit From Commissioner Of Police

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By Akinwale Kasali

Women Police have secured a landmark victory. They no longer need any permission from the Commissioners of Police under whom they work before they get married.

A Federal High Court, Ikoyi,  Lagos,  has declared  illegal and unconstitutional the provision of the Police Act, which prohibits a woman police officer from marrying a man of her choice without the permission of the Commissioner of Police in the command where she is serving.

This was sequel to the suit filed by the Women Empowerment and Legal Aid Initiative (WELA), challenging the constitutional validity of Regulation 124 made pursuant to the Police Act (Cap P19 ) Laws of the Federation of Nigeria which states that:

“A woman Police Officer who is desirous of marrying must first apply in writing to the Commissioner of Police for the State Command in which she is serving, requesting permission to marry and giving name, address and occupation of the person she intends to marry.

“Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the force for a period of not less than three years.”

Funmi Femi-Falana,  Executive Director of  WELA, argued that it was illegal to ban a woman police officer for three years before entering into a marriage, and that seeking permission of a Police Commissioner is an infraction of her fundamental right to dignity and freedom of choice.

She further contended that since a male police officer is not subjected to the same inhibitions Regulation 124 is inconsistent with section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples’ Rights which have prohibited discrimination on the basis of sex.

Falana however, urged the Federal High Court to expunge Regulation 124 from the Police Act as it is not reasonably justifiable in a democratic State like Nigeria which has domesticated the African Charter on Human and Peoples Rights and ratified the Protocol to the African Charter on Human and People Rights on the Rights of Women in Africa and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Responding to Falana’s argument, the Attorney-General of the Federation through his Counsel, B.R. Ashiru maintained that Regulation 124 is designed to protect women police officers from falling into the hands of criminals.

It was his submission that the purpose of the law is to prevent women police officers from marrying men of bad character.

He also defended the 3-year ban on the ground that it is meant to ensure that a woman police officer is not pregnant “during the rigorous training she must undergo after her employment”.

In his judgment, the trial judge completely rejected the arguments of Ashiru, the representative of  the  Attorney-General, while upholding the submissions of Falana.

The Judge held that Regulation 124 was illegal, null and void due to its inconsistency with Section 42 of the Constitution.

Having declared it unconstitutional the judge proceeded to annul Regulation 124 by virtue of Section 1(3) of the Constitution.

Confusion Over Oyo-Ita’s Sack; Sources Insist She Voluntarily Retired

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By Gideon Njoku

Was Winifred Oyo-Ita, sacked as the Head of Service  by President Muhammadu Buhari? Or did the President, finally, approve of the voluntary retirement she had asked for immediately after her encounter with the Economic and Financial Crime Commission,  EFCC?

There seems to be a confusion as to what what really happened.

A release on Wednesday by  Willy Bassey, Director, Information,  office of the Secretary to Government of the Federation, said:

“President Muhammadu Buhari has approved  the appointment of Dr. Mrs Folashade Yemi-Esan as the Acting Head of the Civil Service of the Federation with immediate effect.

“Dr. Mrs Femi-Esan, who is the Permanent Secretary, Ministry of Petroleum Resources,  takes over from Mrs Winifred Ekanem Oyo-Ita who has been directed to proceed on indefinite leave to allow conclusion of the investigation being carried out by the Economic and Financial Crimes Commission”

In the same release, Mr President, also, approved the extension, by one year, the tenure of seven Permanent Secretaries, for the stabilization of the Civil Service, given that he established new Ministeries. He, also, directed the office of the HoS to; immediately, start the process for the appointment of new Permanent Secretaries to fill the vaccancies which will be created by the retiring ones.

But sources within the government have faulted the impression that Oyo-Ita was sacked by the President. They insist the President, kindly, approved the letter she had put in for voluntary retirement from the Service after her arrest, and interrogation by the EFFC during the last Sallah holidays.

The former HoS had been invited by the Commission on her arrival to Abuja from Lagos where she had gone for the funeral service of Mrs Ani, wife of a former Minister for Finance.

She was detained for a couple of days, and interrogated over allegations of fraud, money laundering and official misconduct – one of them concerning an insurance scheme for civil servants. The sum of N6000million was, also, found in the bank account of a subordinate of hers. The EFCC said it stumbled on her issues while investigating a former Minister for Special Duties under whom She served as Permanent Secretary.

She was granted administrative bail.

Shaken, after the interrogation, she fell ill, and was hospitalized. On discharge from the hospital, and after an audience with the President, she, allegedly, put in her letter of voluntary retirement.

One of the sources told this magazine that: “Mrs Oyo-Ita never withdrew her earlier request for retirement. She has been too shaken by the Sallah weekend experience to want to continue. She is a widow, and has not been that shaken since after her husband’s passing.”

Another reliable source disclosed that: “She stood by her request and secured the President’s approval for voluntary retirement.

“She started her terminal leave earlier this week. Why mention  the EFCC investigation in a memo announcing developments in the Federal Civil Service. It is deliberate to rubbish her.

The EFCC must have finished its investigation by now. Otherwise, the Commission should be left alone to conclude and not drag it into her voluntary  early retirement which has been accepted and granted,” our source maintained.

Mrs Yemi-Esan, a thorough bred civil servant is not the most senior Permanent Secretary. And, is billed to retire early next year. Meaning that her tenure might be short-lived, unless otherwise decided by Mr President.

Sources insist she recently had an issue and was, deliberately, put “under the canopy” of the just retired HoS, until it was convenient to post her to the Ministry of Petroleum Resources from where she was promoted to lead the Civil Service.

Unconfirmed sources say she was, allegedly, one of the four Permanent Secretaries considered not to have had a smooth relationship with Mrs Oyo-Ita.

Many women who spoke to this magazine,  even though upset over Oyo-Ita’s sudden retirement, are consoled that she was replaced by another  woman, thanks to President Buhari’s gender sensitivity. They prayed for a smooth tenure for Yemi-Esan, and a stress-free retirement for Oyo-Ita.

Buhari Sacks Oyo-Ita

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By Uche Mbah

President Muhammadu Buhari has directed the Head of service, Winifred Oyo Ita, to proceed on terminal leave to allow the economic and Financial crimes commission, EFCC, complete their investigations.

She is replaced by Dr. Mrs Folashade Yemi-Esan, who until her appointment was Permanent Secretary under the Ministry of Petroleum Resources.

Yemi-Esan is appointed in acting capacity.

Details later…

CBN Directive On New Bank Charges Sparks Outrage

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Godwin Emefiele, CBN Governor
Godwin Emefiele

By Uche Mbah

The proposal by the government that Nigerians will start paying for Bank deposits has been met with outrage and criticism from Nigerians who see that as being very unfeeling of the present government.

According to government, the charges are expected to attract fees for both deposits and withdrawals for deposits amounting to N500,000 and above. There will be three percent for withdrawals and 2% for deposits. This is apart from the Value added tax, VAT, which has recently been increased to 7.5%, which brings the total tax to over ten percent of deposits in banks.

All these are exclusive of ATM maintenance charges, transfer charges, stamp duty charges and others.

Sources, however, indicate that the presidency is worried about the fact that there is currently cash squeeze in the country, a situation that questions what has happened to the amount that accrued through the Treasury Single Account, TSA, which is said to run into trillions, and allegedly beset with shoddy accounting. It also questions the gleefully announced recovered loots that also are said to run into trillions of Naira.

Almost all the budgets under the administration is predicated on borrowing. But this magazine was informed that creditors are becoming wary of the possibility of payment, judging by the bleak outlook of the economy. This, according to sources, informed the idea of throwing caution to the wind to raise money for the Government to fund the budget. No budget has been implemented fifty percent since the inception of this government despite the huge borrowings.

But reactions to the proposal have been that of outrage, with Nigerians lamenting the return of raw cash to the polity. Many believe that armed robbery will increase since many will now start private banking “under the beds and in safes”, according to one enraged writer.

Recall that the introduction of the TSA resulted in people stashing away cash to prevent bank traces of transactions. This has resulted in the cash crunch within banks.

 

Facing Dismissal, Army General Indicts President Over Theft

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By Gideon Njoku

In the case of the Nigerian Army Major General, and former General Officer Commanding (GOC), 7 Division,  Sokoto, Hakeem Otiki, the hunter may become the hunted.

Otiki has been under Military detention since his boys made away with a whopping sum of N400million. Some say more.  He had sent them  on escort duty, to transport the money to   Kaduna. But the soldiers, five in number,  inexplicably, disappeared into thin air, with the money.

Nobody has seen them since that July. Nor had the name of the person to whom it was to be delivered made public.

When Major General Otiki appeared before the General Court Martial, GCM,  set up by the Chief of Army Staff, Lt. General Tukur Buratai on Monday, it was,  shockingly, in a wheelchair.

But that was not the only shock.

The real shock was when one of his Counsels, Major Femi Oyebanji, rtd, sort to  turn the table against a Three Star General, Lt General, Lamidi Adeosun, the Chief of Policy and Plans, who is, also, the President of the GCM.

Oyebanji asked Adeosun to step down as the President of the GCM.

The reasons he gave were serious.

For starters, he hinted that his client was a victim of a possible frame-up. And, according to him, Adeosun, the GCM President, could be at the root of it all. Both his Client and Adeosun are interested in succeeding Buratai as the Chief of the Army Staff, COAS, he disclosed. He, also insisted that both of them were rivals.

Oyebanji:”We have it on good authority that you bear a grudge and so, we have a strong feeling that our client will not get fair trial under your leadership in this court.

“It is a known fact that Gen. Otiki got into the Nigerian Defence  Academy, 10 January, before you who resumed on 4th July in 1983, and he drilled you to catch up. You never forgave him for the drilling”.

But more serious, Oyebanji alleged that Adeosun could be complicit in the case at hand because  the soldiers who disappeared with the money were Adeosun’s boys.

Oyebanji: “He took over from you as Corp Commander, Infantry, last year. When you were promoted to Lt. General, he sent you a congratulatory message which you did not acknowledge.

“It is also a known fact that when  Otiki took over command of the Infantry Corp, he inherited your security personnel that formed his inner security, who are the basis of why we are here today”.

But this magazine gathered that Oyebanji’s objection cut no ice with the members.

Adeosun, therefore, remains the President of the GCM.

Other members of the GCM include Major Generals AA Tarfa, FO Agugo, JS  Malu, MA Muhammed,  CT Olukuju, and, CC Okonkwo designated as a waiting member.

Major A Muhammed is the Judge Advocate.

2023: The North Makes First Move in the Game of Thrones

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By Uche Mbah

Recent development in the polity has given the impression that the 2023 game of thrones have started in earnest, with a section of the Northern elites firing the first shots.

On issues of northern interests, the Northern elites meet and act across party lines, with unifying decisions binding on all.

Recently, the Vice president, Yemi Osinbajo, has become the first casualty in the deadly Russian Roulete, when the economy was taken away from him by the cabal and handed over to the President, who insisted that Osinbajo must get approval for any decision he wants to take. All the Agencies that were traditionally assigned to him are being quietly withdrawn-although to save the little face he appears to still have, he insists he is still in the good books of the president.The presidency has allegedly accused Osinbajo of  not following due process in discharging his duties, an allegation he vehemently denied. Laolu Akande, his media aid, did much to assuage the situation. “The agencies in question”, he said, “are established by law and the Vice President has always insisted on due compliance with the enabling statutes and other established regulations.” According to him, such insinuations are  “misleading and aims only to plant seeds of discord in the Presidency while creating an unnecessary national hysteria.” Verdict: There is no discord in the presidency.

If that is so, the presidency has a strange way of showing it. Most of Osinbajo’s aids are currently directed to relocate their offices outside Aso Rock, the seat of power. Besides, the president had dispatched a memo instructing the Vice president to get presidential approval for National Emergency Management Agency (NEMA), Border Communities Development Agency (BCDA), the National Institute for Policy and Strategic Studies (NIPSS), and the National Boundary Commission (NBC). These are traditionally agencies under his supervision.

But there are rumors that the travails of the vice president is not unconnected with the 2023 strategic positioning-a situation that the All Progressives Congress, APC, national Leader, Bola Tinubu is also ans interested party. “That is the strangest part”, a source hinted recently, “Why should Tinubu gang up with the cabal to destroy one he installed because they are eyeing the same goal? It all boils down to greed and power.”

The word has gone out: The South must not smell the presidency come 2023.Although this has been obvious, Tinubu appears confident with an ace up his sleeve. Rumors are rife that with the clamor for power to shift to the South east, he is already reaching out to destroy any threat from there. A high profile meeting was alleged to have been held in Awka, where a prominent South east senator was recruited to whittle down the influence of the possible major star from the zone. A request of thirty million to “fight the dirty media war” was mentioned. Though there appears to be no agreement in the deal, the dummy is being sold that the South east cannot speak with one voice.

Meanwhile the Northern elites are said to be busy screening candidates for replacement of Buhari. Three governors are said to be under scrutiny across party lines-all from the North west.

But there appears to be a hidden joker that might upset the apple cart: Atiku’s Supreme Court Appeal. Although many have dismissed it as a forgone conclusion that the ruling will be in favor of Buhari, still some are leaving room for surprises. “The Supreme Court is not like the Appeal Court which can be intimidated by requesting for their account details”, said a top PDP politician. “The moment the case is ruled against the incumbent, they will lose their power of intimidation. So it is up to them to decide whether they will rule in favor of the president and continue to be blackmailed for life. Your guess is as good as mine”.

Whichever way, the die is cast. If Atiku wins, there will also be the issue of when his tenure will end. And the permutations are taken into considerations by the Northern elites.

 

 

 

 

 

Otedola Set To Pick Up Majek Fashek’s Bill

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By Akinwale Kasali

Business mogul, Femi Otedola, has promised to pick up the medical bills of Majekodunmi Fashekunola, popularly known as Majek Fashek.

The ‘Rainmaker’ crooner has been bedridden for months in a London hospital, where he is allegedly, to suffering from Schrizonphrenia.

According to his manager, Uzoma Omenka, Majek is unable to talk and cannot eat.

Omenka said he has spent over N36 million since the reggae star’s  hospitalization. He sent a save-our-soul appeal to Nigerians to assist in raising funds for Majek to continue his treatment.

With the billionaire business man, Otedola, set to pick the bills, this will be a huge relief to Omenka and Majek.

Otedola’s philanthropic gesture cannot go unnoticed, as he had earlier spent a whopping N36,635,000 for the medical bills of former captain and coach of the Super Eagles, Christian Chukwu.

Femi Otedola
Femi Otedola

Chukwu had a major surgery and treatment at the Wellington Hospital, London, courtesy Otedola

In May, Otedola also came to the aid of Peter Fregene, a former Green Eagles goalkeeper, who had been bedridden since 2001.

He is currently footing the medical bills of popular actor, Victor Olaotan, a lead character in the popular TV soap opera series, Tinsel, in a Turkish hospital.

Otedola has also reportedly taken up the medical expenses of ailing Nollywood actor, Sadiq Daba.

In 2017, Sadiq Daba, who had been battling leukemia and prostate cancer since the past few years, returned to Nigeria from the UK where he went for medical treatment. The ace broadcaster  revealed that he was diagnosed with prostate cancer in November 2017. This was barely months after he was hospitalised due to leukemia.

Lizzy Retires In A Blaze Of Glory

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On September 10, Mrs Lizzy Ihezue-Iwuamadi, retired, gloriously, from the Federal Civil Service. Known for her discipline and eyes for details when it comes to her job, and fondly dubbed a Culture and Tourism Icon, she retired as a Deputy Director with the Federal Ministry of Information, Culture and Tourism.

On this day of her retirement, therefore, after 35 years of service to her fatherland, her appreciative friends put together a befitting party to celebrate her.

Present at the party held at Hotel Rosebud Suites, Abuja, were her husband, Barr. Emeka Iwuamadi, the Director General of the National Council for Arts and Culture, Otunba Segun Runsewe, who delivered the keynote  address,  the Acting Director General, CBBAC, Mrs Ndidi Apmemwo, most Directors in the Ministry, the President and members of Dozie Owerre, Abuja, and the President General of Arondizogu Development Union, among others.

Following, faces of some of those present.

Lizzy(in red), with her husband and friends
Lizzy(in red), with her husband and friends
The celebrant, Mrs Lizzy Ihezue Iwuamadi, cutting her retirement cake with her husband, Barr. Emeka Iwuamadi
The celebrant, Mrs Lizzy Ihezue Iwuamadi, cutting her retirement cake with her husband, Barr. Emeka Iwuamadi
Lizzy and friends.
Lizzy and friends.

Alawiye-King Led SUBEB Swings Into Action

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By Akinwale Kasali

Following its inauguration by Governor Babajide Sanwo-Olu into the Executive Board of the Lagos State Universal Basic Education Board, SUBEB, the Hon. Wahab Alawiye-king led SUBEB began its activities with a pre-inaugural strategy meeting which featured the participation of all board members.

At the meeting, the Chairman,  Alawiye-king promised a result-driven organization, in tandem with the aspiration of governor Sanwo-Olu to make education germane in the State.

It was unanimously agreed that the term ‘Leave no child behind’ will become the focal point of the board in order to ensure that every school age child in Lagos gets access to quality basic education.

At the Board meeting were

Saheed Ibikunle, Shittu Hakeem, Mrs Sijuade Idowu-Tiamiyu, Mrs Seriki Ayeni, Dayo Israel and  Bayo Adefuye.

A Delegation from The Bridge International Academy paid a courtesy visit to the SUBEB members during which both parties discussed collaboration on the EKO EQUIP program to optimize performance of Lagos schools.

The board also paid a courtesy visit to the Honourable Commissioner for Education Lagos State, Hon. Sade Adefisayo and the Permanent Secretary of the Ministry.

The Commissioner commended the Board, expressing her delight over the  composition of notable individuals with vast experience in the education sector that made it up.

She added that this will no doubt achieve the visions of the Governor Sanwo-Olu Administration for the educational sector and also take the State to the pinnacle in the educational sector.