Wednesday, 31 January 2018

NIA Directors Write House, Say New DG is a Misfit, Threaten massive leaks to hostile countries

NIA Directors Write House, Say New DG is a Misfit, Threaten massive leaks to hostile countries

Some directors of the National Intelligence Agency (NIA) have written to the House of Representatives Committee on Security and National Intelligence to prevail on President Muhammadu Buhari to drop Ahmed Rufai Abubakar as the new director-general of the agency.

Writing for and on behalf of Concerned Directors of the National Intelligence Agency, they used pseudo names such as E. O. Olanrewaju, Nelson Obiakor and Ahmed Sarki to protect their real identities.

The directors, in an advertisement published in THISDAY Thursday, described Abubakar as a misfit and unqualified for the post of DG of the NIA.

Since his appointment a few weeks ago by the president, various allegations have come to light over Abubakar’s nationality and competence to head the NIA.

Although the presidency came out stoutly at the weekend to defend the new NIA boss, the directors, in their letter to the House committee, said Abubakar failed to merit elevation to the rank of director and had retired from the service (NIA), but has now been appointed to come and preside over people who are not only his seniors in rank, but who fit into the order of precedence.

They said since the inception of the agency 32 years ago, nobody below the rank of director had been appointed as head of the NIA.

They warned that Abubakar’s appointment as DG would certainly set a dangerous precedent, with equally dangerous implications.

They threatened that should Abubakar go ahead with his plans to sack all the directors of the agency, the country should expect massive leaks of intelligence to hostile countries.

They told the lawmakers that the Clandestine Operations Unit of the NIA had been ordered to manufacture and clone documents that could be used to defend Abubakar, who from all indications was facing a legitimacy crisis.

They urged the committee to, in the interest of national unity, the federal character principle as enshrined in the constitution, fairness, justice, or even for common sense, prevail on the president to drop Abubakar as the DG of the NIA in the face of the obvious odds against his appointment.

“Coupled with this fact, it is an aberration to thrust the headship of Nigeria’s most sensitive security and intelligence organisation in the hands of people from the same ethnic stock, state and even town.

“In a country of over 200 million people, we feel it was not only highly contemptuous but dangerous,” they added.

Quoting Professor Itsey Sagay (SAN), the directors said they were indeed uncomfortable with Abubakar’s appointment.

They said: “Already, the nation is in a precarious security condition, and further penetration by hostile intelligence services could portend an even greater danger.

“It is very unlikely that we will be insulated from penetration if we are treated as renegades after putting in our best for the country.”

The directors noted that they were aware that part of the new DG’s agenda was to retire those of them who were once his seniors, because he was unlikely to want to work with them.

“It is evident that he will pursue a vendetta mission, which he has already indicated in his very first address to us.

“While we wish to state that he is at liberty to go ahead with what we know he intends to do, we wish to point out the underlying dangers in a massive purge of senior officers of the agency, to the effect that, not only will the millions of dollars spent on training and retraining us be lost, we are also custodians of the country’s intelligence dossiers and may decide to use same for mischief,” they warned.

The directors also alerted the nation to what they described as “an imminent threat to the cohesion for which the NIA has been known, as this is the first time a director-general was picked from the rank below that of a director”.

They warned that the nation’s security would likely become precarious under Abubakar whose link to Chad was investigated by the intelligence agency.

“In the event that Ahmed Rufai Abubakar finds it difficult to work with those of us who are still in service and who have better credentials, the choice left to the authorities is to revert to the status quo and allow a serving director who understands the dynamics to continue.

“Having failed promotion examinations to the directorship rank, which we can attest to, we make bold to state that it amounts to administrative suicide to allow a practical misfit take over the agency and later mortgage same to his paymasters, who have ulterior motives,” they stated.

The directors maintained that since the federal government itself had admitted that Abubakar was born and bred in Chad, “while on the other hand he claimed to have been born in Nigeria; at least going by his records and his CV, suffice it to point out that there is an obvious contradiction”.

They therefore called on the House to thoroughly look into this seeming discrepancy.

“As insiders, we are in a position to state that the process of vetting in respect of the new NIA DG negates conventional practice, as nobody has visited Chad where he claims to have grown up and schooled to probe into his differential associates, or even his likely espionage roles,” they added.

They explained that the rule requires that anybody being considered for such a strategic position must be vetted from the cradle.

“It is an incontrovertible fact that Rufai Abubakar’s links with Chad, a country with likely rival interest with Nigeria, makes Rufai suspect and not fit to head the country’s elite intelligence agency.

“It is necessary for us to alert that the issue of likely doubtful loyalty, is a serious issue in intelligence corridors. Where a person’s nationality or that of his spouse becomes unclear, thorough vetting from the cradle becomes even more demanding.

“In this case, it is very dangerous that the vetting process has been compromised, which is an ominous danger to the nation’s security,” they said.

The directors also said that it had become necessary to investigate the activities of the presidential panel under the leadership of Ambassador Babagana Kingibe and the current DG, noting that the panel was in the first place a contemptuous affront on the Office of the Vice-President.

According to them, “It is unheard of for an officer with a lower rank being appointed to review the work of a higher officer; more so the vice-president of the country.

“It is very curious that paragraph 4(1) of the recommendations of the Kingibe panel prescribes that a serving director should be picked as the director-general, only for the same characters that sat in judgment over the need to reorganise the NIA, turning around to violate its own recommendations, by picking one of them to contemptuously assume duty as head of the NIA.

“It is very clear from the onset that the Presidential Review Panel (PRP) led by Ambassador Babagana Kingibe was inaugurated purposely to defend Ambassador Ayo Oke, who had often threatened to spill the beans when the chips were down, as he will not sink alone.

“Oke had severally threatened to expose the beneficiaries of his largesse if they allowed him to be disgraced.

“The other obvious motive was to ensure that the remaining $44 million of the NIA intervention fund is kept within the reach of the cabal. The refusal of the immediate past acting DG, Muhammed Dauda, to allow them access to the money may be the under pinning reason for his removal.”

They asked the House committee to demand from the Kingibe-led panel a copy of its report and that of the vice-president, and probe if there was any substantial divergence.

“As the conscience of our democratic quest, we request you to look passionately into the issues raised and observations from other quarters where you can see that merit, fairness, justice, equity and competence have been sacrificed (on a platter of selfish personal quest) by Ambassador Babagana Kingibe and his associates,” they said.

NJC Declares Suspension Of Abia Chief Judge Unconstitutional, Suspends Acting Chief Judge

NJC Declares Suspension Of Abia Chief Judge Unconstitutional, Suspends Acting Chief Judge

The National Judicial Council under the Chairmanship of the Honourable, Mr. Justice Walter Samuel Nkanu Onnoghen, GCON, at its Emergency Meeting which held today, 31st January, 2018, considered the recent suspension of the Abia State Chief Judge, Hon. Mr. Justice T. U. Uzokwe and the swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge of the State by Governor Okezie Victor Ikpeazu and agreed that the decision to suspend the Chief Judge and the swearing-in of an Acting Chief Judge without the input of the National Judicial Council is unconstitutional, null and void.

It noted that its attention had been drawn to the crisis in Abia State Judiciary by petitions written against Hon. Mr. Justice T.U. Uzokwe and the one written by the Chief Judge against Hon. Mr. Justice C. U. Okoroafor, but in the course of the investigation by the Committees set up by Council, some elderly Judicial Officers of Abia State Judiciary waded in and pleaded with the Committees to allow the matter to be resolved amicably by them, which was granted by Council at its plenary.

At the last Meeting of Council which was held on 6th December, 2017, Council directed the Committees to continue and conclude with the petitions before them if there were no reports of the settlement by the peace makers.  While this was going on, the problem escalated and Council was informed of the suspension of Hon. Mr. Justice Uzokwe and the swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge.

In view of the foregoing, Council resolved as follows:

1)         The suspension of the Chief Judge of Abia State by the State House of Assembly without a prior recommendation by the National Judicial Council violates the provisions of the Constitution of the Federal Republic of Nigeria.

2)         Consequently, the subsequent act of appointing and swearing-in of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is invalid for being unconstitutional.

3)         Furthermore, the conduct of Hon. Mr. Justice Obisike Orji in presenting himself to be sworn-in raises potential questions of misconduct that Council is now looking into.

4)         Council therefore resolved to query and suspend the Hon. Mr. Justice Obisike Orji pending the outcome of its investigation.

5)         In view of the recent escalation, Council, in the interest of the smooth administration of justice in Abia State, resolved to direct the Chief Judge, Hon. Mr. Justice T. U. Uzokwe, to stay away from duties pending Council’s final decision after consideration of the report of its Panels.

6) In the prevailing circumstance, whereby the National Judicial Council has directed the Chief Judge not to perform his duties, and the next most senior Judge is suspended, the Governor of Abia State shall appoint Hon. Mr. Justice Onuoha Arisa Kalu Ogwe, the next most senior Judge to act as the Chief Judge of Abia State, pending Council’s final resolution of the matter.

GenCos Foresee Shut Down Of Thermal Plants Over N600bn Debt

GenCos Foresee Shut Down Of Thermal Plants Over N600bn Debt

Electricity generation in the country is facing fresh threat as Generating Companies (GenCos) have foreseen a gradual shut down of thermal plants that are powered by gas.

The Gencos raised the alarm as a result of their inability to sustain operations in the light of the over N600 billion debt owed them by the Nigerian Electricity Bulk Trading Company (NBET), an agency of the Federal Ministry of Power.

The GenCos lamented that they are now cash strapped and unable to pay gas suppliers who are now diverting supplies for other uses like Liquefied Petroleum Gas (LPG) or cooking gas whose demand is currently growing.

The executive secretary, Association of Power Generation Companies (APGC), Joy Ogaji told LEADERSHIP in an interview that the outstanding debt owed the generation companies is close to N600 billion.

“In 2013 when new investors took over the unbundled assets in the power sector, the generation companies entered into a Power Purchase Agreement (PPA) with the NBET, which specified that the agency will buy power and pay 100 per cent of power purchased. The agreement covers energy purchased as well as capacity.

“But since then, the capacity calculation has not been settled and it is building up monthly, we are yet to reconcile this with the government who is merely paying 20 per cent out of 100 per cent of power purchased.

Between 2013 up to December 2016, outstanding debt which NBET should pay the Distribution Companies (Discos) is N600 billion, and for reason yet to be made known, government is silent on it”, she lamented.

NBET was incorporated on July 29, 2010 with a mandate to engage in the purchase and resale of electric power and ancillary services from independent power producers and from the successor generation companies. NBET discharges its duties by entering into PPA with generation companies and resells power to distribution companies through the vesting contracts.

The PPA defines all of the commercial terms for the sale of electricity between the two parties, with details on commercial operation, schedule for delivery of electricity, penalties for under delivery as well as payment terms.

However, Ogaji deeply expressed frustration of the Gencos that the Nigerian electricity market had faced liquidity crisis since it was handed over to private owners. She said the liquidity in the electricity market as at the time of privatisation was about 65 per cent but had progressively declined to less than 20 per cent.

‘‘The GenCos are currently receiving less than 20 per cent of their invoices paid by NBET. The role of NBET is to give incentives to investors who have liquidity issues in the market and now the liquidity issue is on the increase which was caused by the inability of NBET to meet its contractual agreement,’’ she added.

She said, “The Gencos should not be made to suffer for liquidity issues that was not their creation. The worsening market liquidity has culminated to a state of bankruptcy for the Gencos as they lack funds to carry out their operations and pay their workers.

Some Gencos have not been able to pay salaries for upwards of three months, as I speak with you, some could not pay November and December 2017 salaries.’’

Ogaji also identified issues challenging the operation of the Gencos to include poor payment of their invoices by NBET, non-evacuation of stranded power occasioned by load rejection by the Discos or congestion in the grid network, lack of implementation of the PPA with NBET, domiciliation of cost of gas in dollars and the associated take or pay obligations.

LEADERSHIP learnt that going forward, the Gencos had unanimously resolved to use all available dispute resolution channels, including litigation, to compel NBET to comply with the terms of agreement and also take advantage of the provisions of the Electric Power Sector Reform Act (EPSRA) 2005 to further pursue its case.

Ogaji expressed disappointment that government only released the payment of about N152 billion to offset seven months debt out of 12 months. “We are harassed by lenders who send us warning letters to pay money borrowed to run the business, but as patriotic corporate entities we still manage to cope with the situation but one thing is certain, if out of patriotism we decide not to shut down sooner than Nigerians expect, the system will shut down by itself,” she said.

Ogaji wondered why the N701 billion approved by the Federal Executive Council (FEC) as payment assurance guarantee for the power sector is not channeled to payment of the debt to keep the system running.

The minister for Power, Works and Housing, Mr. Babatunde Raji Fashola, speaking on the fund said the liquidity problems that have characterised the market have affected the Nigeria Bulk Electricity Trading (NBET)’s ability to deliver on its PPA obligations to the Gencos.

Fashola said in order to strengthen the NBET, the Central Bank of Nigeria (CBN) is providing the payment assurance guarantee for energy produced by any Genco so that Gencos can pay their gas suppliers.

The N701 billion Payment Assurance Guarantee (PAG), is the latest intervention by the CBN in the Nigerian power sector. Other interventions by the CBN include the N300 billion Power and Aviation Intervention Facility (PAIF) and the N213 billion, Nigeria Electricity Market Stabilisation Facility (NEMSF). The Payment Assurance Guarantee is for a two-year period, beginning in January 2017 and will guarantee NBET’s payment obligations to GENCOs until December 2018.

LEADERSHIP learnt that the PAG would not focus on addressing the existing liabilities to Gencos and gas producers prior to January 2017 but will only apply to Gencos who generate power to the grid (including Hydro-power Gencos) and their gas suppliers. But Ogaji faulted the entire arrangement saying that all liabilities ought to be addressed to enable operators sustain their businesses and ensure steady power generation in the country.

N4.9b Fraud: Fani-Kayode Absent In Court Due To Heart Related Disease- Lawyer

N4.9b Fraud: Fani-Kayode Absent In Court Due To Heart Related Disease- Lawyer

The on going trial of Former Aviation Minister, Femi Fani-Kayode over an alleged N4.9 billion fraud before the Federal High Court in Lagos was yesterday stalled due to the absence of the former minister.

Fani-Kayode, according to his lawyer, Norrison Quaker (SAN), could not make it to court because he is suffering from a heart related disease.

Quakers informed the trial judge, Justice Rilwan Aikawa that he was informed by Fani-Kayode's wife that her husband had been taken to the hospital. 

The lawyer promised to obtain his client's medical report before the close of work on Wednesday and make same available to the court on Thursday. 

Based on the development, Quakers then sought for an adjournment which was granted without any objections from the other parties in the matter.

But the counsel to the Economicand Financial Crimes Commission (EFCC) urged the court to take judicial notice of Section 396  subsection 4 of the Administration of Criminal Justice Act, 2015 which states that: "no party shall be entitled to more than 5 adjournments in a particular criminal case."

Oyedepo urged the court to note that the second defendant, Fani-Kayode, had now taken two adjournments in the matter.

Justice Aikawa fixed February 28 for the continuation of trial.

The EFCC had re-arraigned Fani-Kayode and Senator Nenadi Usman  and one Danjuma Yusuf and a company, Joint Trust Dimensions Limited before Justice Aikawa on a 17 count charge of conspiracy, unlawful retention of proceeds of theft and money laundering.

According to the EFC the accused persons on or before January 2015, unlawfully retained the total sum of N4.6 billion, which they knew was a proceeds from an unlawful act.

While Usman, former Minister of Finance, under president Goodluck Jonathan Administration, Danjuma Yusuf and Jointrust Dimentions Nigeria Limited retained the sum of N1.5 billion, Fani-kayode and Olubode Oke, said to be at large, were accused of retained the total sum of N1,650,650 billion.

The accused persons were also alleged to have made payment of several amounts running to billions of Naira without going through Financial institutions.

The offence which was allegedly committed between January 2015 and March 2015 is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) & 4 of the same Act.

They all pleaded not guilty to the charge. 

Tuesday, 30 January 2018

Falana tells Buhari to end impunity for killings and violence

Falana tells Buhari to end impunity for killings and violence

Human rights lawyer Femi Falana SAN has urged “the security agencies and the government of President Muhammadu Buhari to respect human rights and uphold the rule of law in their response to violence and crime in the country,” arguing that, “preventing and combating violence and crime must not put security before human rights, which can lead to erosion of basic human rights and fundamental freedoms of the citizens.”

Falana’s statement is coming on the heels of allegations by Amnesty International that at least 35 Nigerians were killed during air attacks launched by the military on villages beset by communal violence.  According to Amnesty, clashes between herdsmen and farmers in Adamawa, Benue, Taraba, Ondo and Kaduna have resulted in 168 deaths in January 2018 alone.

Falana said, “The government is failing in its most basic duty of protecting citizens and ensuring the rule of law. I am very concerned that these killings may go unpunished, as law enforcement and security agencies are rarely held accountable for serious human rights violations. To prevent further killings and violence, the authorities must investigate these latest allegations and bring anyone responsible to justice.”

Falana also said, “In failing to put in place appropriate and credible law enforcement measures to prevent killings, and fully investigate and punish perpetrators, the Nigerian authorities have neither respected, nor met their national and international legal obligations, including to exercise due diligence to protect human rights.”

The statement read in part: “This government cannot secure effective protection of the right to life, liberty and security of the person without a serious political investment in public security with respect for all human rights. Indeed, true security requires full protection of all human rights for all.”

“The government’s failure on internal security is also a serious breach of the government’s human rights obligations and commitments, including under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party. In addition, Nigeria has made the African Charter part of its domestic laws.”

“Both the Nigerian Constitution of 1999 (as amended) and the African Charter on Human and Peoples’ Rights guarantee the right to life, physical integrity, and liberty, as well as rights related to due process. As a corollary, the government is required to ensure the effective functioning and operation of governmental apparatus and, in general, all the structures through which public power is exercised, so that it is capable of ensuring the free and full enjoyment of all human rights for all.”

“These Charter-based obligations must be performed in good faith, in keeping with Articles 26, 27 and 31 of the Vienna Convention on the Law of Treaties."

“On the right to security of the person, the African Commission on Human and Peoples’ Rights, the body charged with the responsibility to oversee states parties’ compliance with the African Charter has interpreted this right to include “the right to national and individual security. According to the Commission, national security examines how the State protects the physical integrity of its citizens from external threats, such as invasion, terrorism, and violence. “Individual security on the other hand can be looked at in two angles - public and private security.”

“By public security, the law examines how the State protects the physical integrity of its citizens from abuse by military and law enforcement officials, and by private security, the law examines how the State protects the physical integrity of its citizens from abuse by other citizens (third parties or non-state actors).”

“The government must truly make security and safety of those who live in Nigeria a public policy priority by tackling the root cause of violence and crime. Victims of violence and crimes must have effective access to legal and health services, and should have access to an effective remedy, including reparation. The government should also ensure that law enforcement and security agencies have the personnel and infrastructure to provide quality services and to ensure that they do not engage in indiscriminate killing of innocent citizens.”

Court strikes out Patience Jonathan’s N2bn suit against EFCC

Court strikes out Patience Jonathan’s N2bn suit against EFCC

The Federal High Court in Abuja, on Tuesday, declined to stop the Economic and Financial Crimes Commission, EFCC, from investigating the wife of former President Goodluck Jonathan, Patience.

The court, in a judgment that was delivered by Justice John Tsoho, struck out the fundamental right enforcement suit the former first lady filed to challenge what she termed “incessant harassment” of her family by the anti-graft agency.

Mrs. Jonathan had in the suit marked FHC/ABJ/CS/586/2017, which she filed on June 30, 2017, demanded N2billion from EFCC as general damages/compensation for the violation of her fundamental rights.

She prayed the court to declare that continuous harassment she has suffered in the hands of the EFCC through negative media publications, denigrating and degrading her person as corrupt, without any invitation by the anti-graft agency, trial or conviction by a court of competent jurisdiction, amounted to gross violation of her rights under Section 37 of the 1999 Constitution.

She equally wanted, “A declaration that indiscriminate freezing of her bank accounts and those of her relatives by the EFCC under the guise of investigation of proceeds of crime, without any invitation or interrogation by the respondent is a violation of her rights to own property and to fair hearing guaranteed under Sections 44 and 36(1) of the 1999 Constitution.

“A declaration that the invasion, breaking into and ransacking of the applicant’s family property by the agents of the respondent in the absence of the applicant or any member of her family, while purporting to be executing a search warrant is a violation of the applicant’s fundamental human rights to private and family life guaranteed under the provisions of Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

As well as, “A declaration that the incessant harassment of the applicant by the respondent on the ground of her political views expressed by reason of her being a member of the opposition party in Nigeria, is a violation of the applicant’s fundamental human right to freedom from discrimination, guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)”.

However, the EFCC, in a 25-paragraphed counter-affidavit it filed on October 25, 2017, urged the court to dismiss the suit which it said constituted an abuse of the judicial process.

The agency said it was investigating how “homongous deposits” were made into bank accounts that were operated by the former first lady and her Non Governmental Organisation, adding that the cash in-flows were from government establishments.

EFCC told the court that it froze the affected accounts upon reasonable suspicion that the funds were proceeds of illicit transactions that involved high-scale money laundering.

In his judgment, Justice Tsoho held that the former first lady was not entitled to any of the reliefs she sought from the court.

Justice Tsoho maintained that the applicant failed to substantiate that her rights were violated in any way by the anti-graft agency.

The court said there was no “strong or irrefutable evidence” that it was the EFCC that raided the home of either Mrs. Jonathan or her relatives.

“As of present, the respondent has stated that its investigation is still in process, hence the applicant’s position is uncertain”.

It held that the law empowered EFCC to take actions for the preservation of alleged proceeds of crime, in public interest, adding that interfering with the right of any citizen to own a property in such circumstance does not amount to denial of fair-hearing.

“I hold that the applicant’s right to hold property and fair-hearing has not been violated”, Justice Tsoho added.

He said there was equally “no verifiable evidence before the court”, to prove that EFCC is attacking Mrs. Jonathan owing to the role she played before the 2015 presidential election.

Justice Tsoho said the law did not establish how long EFCC should take while investigating economic crimes.

“The law does not limit the period of investigation. It is however commendable that the process should take a short period as possible”, the Judge held.

He said the applicant’s claim that she was denied fair-hearing was bound to fail since she has neither been arrested nor officially charged with any offence.

Besides, the court dismissed EFCC’s position that the suit was an abuse of court process, noting that Mrs. Jonathan did not query the powers of the agency to investigate, but the method it employed in doing so.

Mrs. Jonathan had in a 21-paragraph affidavit dated that was deposed to by one Sammie Somiari, told the court that EFCC invaded and sealed-up her property in Abuja that was subject of a suit marked FHC/PH/FHR/17/2017, pending before the Federal High Court Port-Harcourt.

Mrs Jonathan told the court that before her husband joined politics sometime in 1998, she had a private business she was managing.

She said that between 1999 and 2015, while her husband climbed the political ladder from being the Deputy Governor of Bayelsa State till he became the President of Nigeria, she continued to run her private businesses even though she was at various times the first lady of Bayelsa State and that of Nigeria.

She said that when her husband was in office as the President, between 2012 and 2013, she had some health challenges that necessitated her going abroad for treatment and later surgeries.

“Because of the challenges of having to travel with substantial cash for her medical treatment and the need not to contravene the Nigerian Law or any other law on money laundering, she sought for opinion of the then Acting Chairman of the EFCC, Mr Ibrahim Lamorde, who advised her to obtain credit cards from her banks.

“It was based on the advice of Lamorde, that Mrs Jonathan invited her banks and informed them of her desire to obtain credit cards.

“That on the 22nd of March, 2013, she opened 5 different accounts in Skye Bank Plc and credit cards were issued in respect of the said accounts.

“On one of her medical trips abroad, her Debit Visa Card with Skye Bank Plc stopped functioning as she could not pay her medical bills with the said card.

“Upon her return to Nigeria, she made enquiries through Skye Bank as to what happened to her Debit Card.

“That her enquiries revealed that it was the Respondent (the EFCC) that placed a No Debit Order on the said account and four others”.

She said the Commission later told her lawyers that the accounts were subject of money laundering investigations.

The applicant told the court that EFCC, in its determined bid to “make life unbearable for her”, applied and secured an order from Justice Binta Nyako of the high court, freezing not only her accounts, but also the ones belonging to her late mother, Mama Sisi Charity Oba.

“The Respondent has demonstrated a pathological dislike for the Applicant as the activities of the operatives of the Respondent overlook the fact that the Applicant was never a political office holder.

“The investigation into the operations of her pet project, NGO when she was first lady is an unprecedented act of animosity against her as none of her project was funded by the government at any level”, the affidavit further read.

She maintained that unless it is restrained by the court, EFCC would continue to harass her, adding that the agency waged a psychological war on her by its incessant threats of arrest of her relations, such as Mrs. Esther Oba, Tamunotonye Oba and her elder brother, Mr. Aseminaso Nyengierefaka.

The Applicant said she was being harassed and persecuted by EFCC because of her political views which she had expressed as a member of the opposition Peoples Democratic Party, PDP, during the 2015 Presidential election campaign.


Cameroonian gendarmes invade Cross River community

Cameroonian gendarmes invade Cross River community

At least more than 80 Cameroonian gendarmes late Monday night crossed the international border between Nigeria and Cameroon and invaded Danare, in Boki Local Government Area of Cross River State.

The gendarmes , according to sources, claimed that they were fighting Cameroon militants who took refuge in the community.

There are well over 5,000 Cameroonian refugees seeking asylum in Danare 1 and 2 communities following the unrest in the southern part of Cameroon.

Cameroonian gendarmes from Bodam community had, in October 2017, invaded Danare , killing two farmers.

The PUNCH learnt that gendarmes from Cameroon had also, in December, abducted five persons from Danare on the claims that they were suspected youths involved in the fight for the creation of Ambazonia.

When contacted, the Cross River State Security Adviser, Mr. Jude Ngaji said the matter was being handled at the highest level of government in the country.

Ngaji said, “The issue has gone beyond the Police and the Nigerian Army has just deployed a battalion to the area.

“No Nigerian has been killed and as you know, this is an international issue which is being handled at the highest level of government .”

Trump rejects $.4m tax bill, sues Florida State

Trump rejects $.4m tax bill, sues Florida State

President Donald Trump says the Trump National Golf Club in Florida is worth more than $ 50m.

But Palm Beach County Property Tax Appraiser, Dorothy Jacks, disagrees, saying the Jupiter course, where Trump plays when he visits nearby Mar-a-Lago, is actually worth much less— $19m.

But in a twist, Trump’s lawyers are now suing Jacks, saying her estimate and the nearly $400,000 property tax bill it generates are too high, even if her appraisal is only 40 percent of what the president listed in his 2017 financial disclosure form.

Trump’s company , Jupiter Golf LLC, doesn’t say in the lawsuit how much it thinks the course is currently worth, but it sent the county nearly $300,000 as a good-faith estimate of what it believes the tax bill should be.

That would make the course worth $15m.

If the course were worth at least $50m, its tax bill would be $1m or more at the county’s two percent business property rate.

Neither Jacks’ office nor Trump attorney Robert Kelley Jr. would comment Monday on the lawsuit, which was filed in December.

The Palm Beach Post reports that Trump also appealed last year's $18.4m valuation and that he has twice lost appeals to the county's Value Adjustment Board.

Trump bought the club in 2012 for $5m, but has made significant improvements. He reported revenue of $20m from the course in the 15 months between January 2016 and April 2017.

Overall, he reported assets worth more than $1.4bn and income of almost $600 m during that period.

Trump lost a federal lawsuit last year filed by 65 former Trump National members who had been denied refunds of deposits they had made with the previous owner, Ritz-Carlton.

The club was ordered to repay $5.7m. Trump’s lawyers have filed an appeal.

Court Jails Two Oil Marketers 8years for N789.6m Oil Fraud

Court Jails Two Oil Marketers 8years for N789.6m Oil Fraud

Justice Latifat Okunnu of the Lagos State High Court sitting in Ikeja has convicted and sentenced two oil marketers: George Ogbonna and Emmanuel Morah, owners of Rocky Energy Limited to eight years imprisonment.

The judge jailed the convicts on a 26-count amended charge bordering on conspiracy, obtaining by false pretence and forgery to the tune of N789.6 million.

The convicts were prosecuted alongside one Adamu Maula, owner of Downstream Energy Sources Limited, by the Economic and Financial Crimes Commission, EFCC.

They were said to have imported 10, 862 metric tonnes of Premium Motor Spirit, PMS, for which they were paid the sum of money by the Petroleum Support Fund, PSF.

However, investigation revealed that the documents used by the defendants were forged

Counsels to the defendants, in separate no-case submissions, had urged the court to dismiss the charge against their clients for lack of merit.

However, in the course of the trial, the prosecution counsel, Rotimi Jacobs, SAN, presented 11 witnesses, including Abdulrasheed Bawa, an investigator with the EFCC, and tendered documents in evidence.

In his judgment on January 26, Justice Okunnu found Ogbonna and Morah guilty and sentenced them to eight years imprisonment each.

The judge ordered the convicts to return the money they fraudulently collected to the Federal Government.

Maula and his company, Downstream Energy Sources Limited, were, however, discharged and acquitted by the court.

In his reaction to the judgment, Jacobs thanked the court for allowing justice to prevail during course of the trial.

Collapse of Nigeria’s power sector imminent – IBEDC cries out

Collapse of Nigeria’s power sector imminent – IBEDC cries out

THE management of Ibadan Electricity Distribution Companies, IBEDC, has warned that Nigeria’s power sector is on the brink of collapse as its dysfunctional and foundation related issues are yet to be addressed.

This came as the company signed a Memorandum of Understanding, MoU, with the United States Power Africa on technical partnership to improve its service across the network coverage at the Obasanjo Presidential library at Abeokuta in Ogun state.

Speaking on the issues confronting the power sector, Managing Director/ Chief Executive Officer, CEO, IBEDC, Mr. John Donnachie, stated that the power sector was full of complicated policies that do not address the root problems.

He said “I believe the more complicated we are making the power sector, the more problems we get. We need to solve the foundation of the power sector first. The foundation is not correct and we keep on building on it and the more you build on wrong foundation, the building would collapse.

“My opinion is that we need to go back and reset our original agreements of what the tariffs are, the rules and what we need to do and how we are going to finance the business, because everything is about money. Until those foundations are done, we are going to go backwards and not forward.

“I am not saying the policies and progress government is trying to put in place are wrong, but I am saying the foundation is wrong.”

He explained that the distribution companies, DISCOs are heavily indebted which is affecting their operations to deliver more to their customers, adding that “If our collection increases, we would be able to fulfill our responsibilities to our customers. Everything is about money. To buy meters we need money, to maintain the system we need money also.

Tariff is below the cost and so we need to work with government to ensure things go the right way. I believe everybody should have power, but the more you do that the cheaper it gets. If you don’t pay and you are illegally connected, you deprive the future development and that is the problem. However, if everybody pays the little bit, we would have more to invest to the business and that is the key.

“We strongly believe that with the partnership we had today, it would drive local performance into local regions that we are looking at. The first two months of the partnership is really looking good for us and so we are going to be training, hiring people and having a better customer service across our network areas. We have seen the results of the capacity building, improvement in performance. If we collect more, we would be able to do more.

Also speaking, the Power Africa representative for USAID/Nigeria, Roseann Casey, stated that Nigeria’s biggest challenge in the power sector was it structure.

Monday, 29 January 2018

NITDA Raise The Alarm Over Potential Cyber Security Attacks On Banks

NITDA Raise The Alarm Over Potential Cyber Security Attacks On Banks 

The National Information Technology Development Agency (NITDA) has raised the alarm over potential cyber-attacks targeting banking, health and other systems, power and transportation systems, as well as other critical national infrastructure in the country.

A statement signed by the agency and made available to journalists said its Computer Emergency Readiness and Response Team (CERRT), in conjunction with other industry stakeholders, in their efforts at ensuring a safe and secure cyberspace, have intercepted some signals of potential cyber-attacks.

The statement signed by the director-general of NITDA, Dr Isa Ali Ibrahim Pantami, urged Ministries, Departments and Agencies (MDAs), other government establishments, the organised private sector and the general public to be vigilant and proactive as far as security is concerned, saying the need for extra precautionary measures to guard against cyber-attacks cannot be overemphasized.

The statement read in part: “We therefore recommend the following precautionary measures, efforts should be intensified at ensuring that any data is encrypted, particularly any sensitive or personal data; ensure that networks are fully secure through the use of wired network thereby protecting them from possible hackers’ attempt at using Wi-Fi security lapses to remotely break into computer systems; where WiFi network is used, ensure that an up to date encryption standard is in use and turn off the service set identifier (SSID)broadcasting function on the wireless router if it is not needed.

“Ensure that free Wi-Fi connections as well as other wireless connections such as Bluetooth or infrared ports are not used unless where necessary; ensure that operating systems and other software applications are regularly updated with the latest patches; ensure that anti-malware protection is installed on all IT systems as this will help in protecting your organisation’s network from potential attacks through virus-laden software and email attachments. Also, all security software should be adjusted to scan compressed or archived files.

“Ensure that appropriate guidelines are in place for connecting personal devices into the organisation’s network; ensure the use of credential vaults and multi-factor authentication instead of user passwords; ensure that the organisation’s data and critical files are regularly backed up; and ensure that there is an organisation-wide enlightenment campaign, awareness and measures put in place to dealwith cyber security threats as well as the procedures they must always follow when using their workstations. NITDA is working with all critical stakeholders to come up with effective ways of adequately protecting the Nigerian cyberspace.”

It further called on all Nigerians to support the agency by doing their best at protecting themselves as well as the information and systems under their care.

Customs CG, Senators Engage In Verbal War 

Customs CG, Senators Engage In Verbal War 

Like a phoenix, the feud between the Senate and the Comptroller General of Nigeria Customs Service (NCS), Col. Hameed Ali (rtd), yesterday got a fresh life of its own as members of an ad hoc committee of the Red Chamber engaged the Custom CG in a verbal exchange.

The lawmakers and Ali resumed their protracted feud at the NCS headquarters in Abuja, with both parties addressing each other with foul languages in a manner that is uncomplimentary of their status.

Members of the Senate ad hoc committee on Economic Waste had gone to the headquarters of the NCS to carry out some investigations on allegations of economic waste in the Service.

Drama started when chairman of the committee, Senator Dino Melaye (APC Kogi West), observed that the Customs CG, by way of protocol, was supposed to have come down from his office to welcome the committee members into the premises instead of just meeting them at the conference room.

Noting that the protocol had been the practice with statutory bodies like Customs, Immigration and Prisons over the years, Melaye wondered why Ali did not accord the committee such etiquette.

The Senator said, “Before reading the prepared speech of the committee, let me make these small remarks on what we have just observed here in form of breach of protocols. Mr CG, rather than meeting us here at the conference room by way of courtesy, you are supposed to have met us at the ground floor on arrival into the premises.

“That has been the practice of statutory bodies headed by Chief Executive Officers like you. Relevant Senate committees have over the years been accorded this by bosses of Immigration Service, Prison Service etc., making us to wonder why it is not so here today under your leadership. If this repeats itself another time, we will take a walk”.

He drew the attention of the Customs CG to the fact that the meeting was like a typical Senate session, which must be accorded the same respect despite the fact that it was taking place at the headquarters of the NCS.

“Therefore before proceeding further, on account of this observation, we want the Customs management to know that the presence of this committee before it implies that the Senate itself is before it to put things in order as regards the economic waste taking place in the Customs Service requiring the seriousness it deserves from you and the entire management”, he added.

Senator Melaye, in an already charged atmosphere, bemused the Customs top management officers further by declaring that the committee’s meeting with them was more or less that of the Senate Plenary.

To drive home his point, the lawmaker hit the gavel on the table before him to declare the meeting open, after which he read a prepared speech outlining how the committee would carry out its investigation on economic waste in Customs Service.

But no sooner had Melaye delivered his speech than the Customs boss, in a more potent counter attack, told the committee that Customs has its own protocols different from other public establishments and should not be dictated to on matters of etiquette or protocol.

Ali said, “We have our own protocol as regards receiving visitors like you. I don’t need to come downstairs to receive you just as nobody in the Senate or House of Representatives has ever come out to receive us anytime we visit the National Assembly.

“So, there is no breach of protocol for not coming down to welcome you since appropriate officers have been assigned to do so. Our protocol is our protocol and should be allowed to be.

"In fact, by way of etiquette, it is the committee that is supposed to come to my office first on arrival and not just coming straight to the conference room.

"Schooling the committee members the more on etiquette, Ali thundered: “Let me state clearly that we in the Nigeria Customs Service are servants of the people. We believe in Nigeria and working with others to make it great without being railroaded in anyway. Personally, I took this job because of my commitment to serve this country selflessly, having earlier done so in the Military. So, nobody can tell me that I am not a committed Nigeria.

“On your assignment you called economic waste, we shall cooperate with you to unearth whatever you want to unearth and effect any correction if there is any”.

The verbal attacks and counter attack culminated in a practical exhibition of anger and resentment between the Senate ad hoc committee and the Customs management, first with the boycott of group photographs by members of the senate committee.

Immediately after the unpalatable encounter at the conference room, the committee members got more bruised by the Customs CG who apparently out of annoyance walked out on the visitors from the premises after using his convoy to block them from leaving the place before him.

The Customs CG eventually left the Customs headquarters in zone 3 at about 2:15pm with his siren-blaring convoy, while the humiliated members of the Senate committee left at about 2:30pm after being held up in their bus for about 15 minutes by Ali’s convoy, which was stationed at the exit gate.

Senators who suffered the humiliation along with Senator Melaye were Sam Anyanwu (PDP IMO East), Gilbert Nnaji (PDP Enugu East), Hamman Isah Misau (APC Bauchi Central) and Babajide Omoworare (APC Osun East).

LEADERSHIP recalls that before yesterday’s bitter encounter with the Senate’s ad hoc committee, the Customs CG had a running battle with the Senate between 2016 and early 2017 over his mode of dressing.

While Customs boss had been performing his official function in mufti since 2015 when he was appointed, the Senate wanted him to appear in uniform and ordered him to do so in plenary.

But Ali stood his ground by appearing in mufti, a development that landed the lawmakers and the CG in court.

Reprisal Attack: Tiv Farmers Kill 78 Cows, Injure 18

Reprisal Attack: Tiv Farmers Kill 78 Cows, Injure 18

Seventy three cows were killed while 18 other cows were injured in an early morning attack on Yamadaga village, Kadarko community in Keana Local Government Area of Nasarawa State by suspected cattle rustlers.

The cattle rustlers invaded Kadarko community around 4:00 am on Sunday, January 29 shooting into the air. They were reported to have kidnapped two persons, chasing other cows into the bush in the process.

The victims of the attack who were mostly herdsmen claimed that the masterminds of the attack were Tiv farmers and that it was a reprisal attack.

Ahmed Abdullahi one of the cow owners said the rustlers unleashed mayhem when the villagers were asleep.

“I was sleeping and then I heard bullet sound everywhere, I didn’t see anybody but they killed my 73 cows, some of them were dispersed into the bush and I haven’t seen two of my children,” he said.

A chief in the village, Ardo of Yamadaga, Husseini Adamu, said the attackers were numbering close to 1,000 and they struck welding various dangerous weapons.

“In the morning around 6:00 am, our children saw some Tiv people numbering up to 1,000 holding sophisticated weapons. They killed some cattle, went away with many.

“They even took motorcycles. Before I came, the place was already in chaos and we realised that at a spot they have killed 73 cows excluding the ones that they carted away with and also they went with two of our children,” he said.

Nasarawa State Commissioner of Police, Ahmed Bello, confirmed the the attack. He said investigations are on to unravel the identity of the attackers.

Cars Now To Pay N300 As Tolls On Lekki-Ikoyi Link Bridge

Cars Now To Pay N300 As Tolls On Lekki-Ikoyi Link Bridge

Motorists pay toll on Lekki-ikoyi bridge
Beginning from 1 February, cars plying the Lekki-Ikoyi Link Bridge will have to pay toll of N300, which represents an increase of N50 from the old toll.

The Lekki Concession Company, LCC, had announced a new toll regime last Friday and released the new tolls to be paid by motorists.

The toll was raised from N250 to N300, while Sports Utility Vehicles, SUV, will now pay N400 as against the former N300.

A statement issued by LCC on Sunday said drivers/owners of cars and tricycles driving on the Lekki-Epe Expressway would pay N200 toll as against the old rate of N120.

SUV will now attract N250 at the Admiralty Toll Plaza of the Lekki-Epe Expressway, instead of the former N150.

Also, heavy duty trucks/buses with two or more heavy axles will attract N1,000 at the Admiralty Circle Plaza on the Lekki-Epe Expressway, according to the latest statement from the LCC.

The LCC also imposed a 25 percent increase on operators of commuter mini buses intending to use the Admiralty Circle Plaza of the Lekki-Epe Expressway.

Sunday, 28 January 2018

FG Orders Insurance Companies To Get Fresh Microinsurance Licence

FG Orders Insurance Companies To Get Fresh Microinsurance Licence


The Federal Government has issued 18 months ultimatum to 17 insurance companies selling microinsurance products to acquire fresh microinsurance licence or suspend the selling of these products, LEADERSHIP can now reveal.

The government, which gave this deadline through its agency, the National Insurance Commission (NAICOM), added that, in a case where any of the concerned insurance firms fail to acquire fresh licence, those with non-life Microinsurance products should wind up their operations, within 18 months while those with life classes should do same not later than 24 months.

These conventional insurers, it was learnt, are to hand over their Microinsurance assets to dedicated Microinsurance company within this period.

To this end, investigation revealed that any of the 17 insurers who wish to float a Microinsurance subsidiary should therefore transfer its Microinsurance window operations to this subsidiary. And if not interested in floating a subsidiary, such underwriters are to handover their Microinsurance assets to registered Microinsurance outfits in the country.

NAICOM, in section 10, sub section 1 and 2 of the revised Microinsurance guidelines released recently to the public said: “Existing Conventional microinsurers shall wind down their window operations for non-life classes within 18 months from the effective date of this Guidelines and in not later than 24 months transfer the life classes to a dedicated microinsurance company.”

It added that, “no policy shall be renewed nor new one issued with an expiry date beyond the date stated above.”

By this directive, LEADERSHIP investigations revealed that non-life conventional insurers operating Microinsurance as a window operation are given till June 2018 to wind up this operation while the life operators has December 2018 as the deadline to do same.

LEADERSHIP investigation further revealed that; Royal Exchange Plc, Linkage Assurance Plc, Niger Insurance Plc, African Alliance Plc, Anchor Insurance Company Limited, Mutual Benefits Assurance Plc, AIICO Insurance Plc, among others 10 conventional insurers are to commence the process of either getting fresh microinsurance licences or transfer its microinsurance assets to existing microinsurance outfits.

This directive, it was learnt, is currently unsettling the insurance industry, but the insurance industry regulator said the move was not to hurt any operator, but to deepen insurance penetration and acceptance in the grassroots.

Speaking at a seminar organised for Insurance correspondents by NAICOM in Benin, Edo State at the weekend, the Commissioner for Insurance, Alhaji Mohammed Kari, said, the categorisation and low capital base were meant to ensure influx of investors in this new microinsurance landscape, while allowing the conventional insurers to concentrate on their core business, thus, leaving microinsurance operation to these new outfits.

Kari, who spoke through his deputy commissioner for Insurance, Technical, Mr. Sunday Thomas, added that the regulator has the needed capacity to supervise these firms coming up, as there are plans by the commission to float more branches and recruit new staff across the country to have a closer monitoring of not only these microinsurance outfits, but also the conventional insurance companies.

He said the new arrangement will ensure that innovative Microinsurance products are designed for the low income market, low valued policies, micro and small scale enterprises in relation to cost, terms, coverage, and delivery mechanism.

He pointed out that the regulatory body is already receiving application from investors in a bid to deepen the insurance penetration, especially, in the grassroots, adding that, the contribution of the insurance industry to the Gross Domestic Products (GDP) will improve significantly as a result of this development.

While delivering his presentation on ‘Expanding the frontiers for Insurance Market Development and Penetration in Nigeria: The NAICOM Initiatives’ at the seminar, the Acting Director, Research, Statistics & Corporate Strategy, NAICOM, Mr. Habila Amos, disclosed that the commission has given approval to 17 insurance companies at microinsurance window operation, noting that , the regulatory body will soon launch the second phase of the Market Development and Restructuring Initiatives(MDRI), all in a bid to increasing insurance acceptance, penetration and increase the profitability of the participating underwriting firms in the country.

Speaking earlier in an exclusive interview with LEADERSHIP at the weekend, the executive secretary, Nigerian Council of Registered Insurance Brokers (NCRIB), Mr. Fatai Adegbenro, said since insurance brokers are acting as a viable intermediary, there would be no need to apply for fresh microinsurance licences, especially, since some brokers are already selling microninsurance products of insurance companies.

He did not rule out the fact that some brokers might want to buy stake in some of these microinsurance outfits by the time they come on board, but that, there is a percentage of shareholdings they can have in insurance companies, including microinsurance outfits.

Meanwhile, the chairman-in-Council, Association of Registered Insurance Agents of Nigeria (ARIAN), Mr. Gbadebo Olameru, said the agents hope to collectively examine the recently released revised guideline on microinsurance and determine how to maximize opportunities therein.

The guideline, he said, is one of the best legacies of NAICOM has done for the industry, adding that the guideline has provided a platform for professionals to contribute more to the industry, whilst encouraging professionals to take advantage of the initiative to better their lots and increase insurance penetration in the country.

On his part, the managing director, Lancelot Ventures Limited, Mr. Adebayo Adeleke, urged professionals to leverage the guideline to deepen insurance at the grassroots, while cautioning the would-be microinsurance operators to avoid mistakes made by some microfinance operators, who left their core area of business to operate like conventional banks.

Banks’ Deposit With CBN Drop By 45% To N160.7

Banks’ Deposit With CBN Drop By 45% To N160.7

Banks deposit with the Central Bank of Nigeria (CBN) dropped last week by 45 per cent to N160.77 billion as against N296.41 billion that was deposited with the apex bank the previous week as they borrowed N112.45 billion to cover their financial shortfalls, data on the CBN website have shown.

Deposits with the apex bank had been high on Monday and Friday, as banks deposited N43.2 billion and N42.35 billion respectively. Deposits between Tuesday and Thursday stood at N26.85 billion, N25.16 billion and N22.71 billion.

The CBN Standing Lending Facility Window data revealed that borrowing had dropped slightly from N113.69 billion which deposit money banks borrowed in the preceding week.

Commercial banks use the CBN’s SLF to support their liquidity shortfalls and meet trading obligations on short-term basis. Banks had borrowed N24.88 billion, N27.93 billion, 19.24 billion, 19.93 billion, and N20.47 billion between Monday and Friday last week.

As OMO sales during the week totaled N477.92 billion higher than N369.41 billion which was recorded the previous week. Since the beginning of the year, bank had drawn N767.64 billion through the SLF window having drawn N245.48 billion in the first week, N296.02 billion in the second week, N113.69 billion in the previous week and N112.45 billion in the last week.

The CBN Standing Lending Facility window data revealed that the DMBs borrowed N2.305 trillion from the regulator to cover their cash shortfall positions between December 1 and 22, 2017.

This represents a 52 per cent increase over the N1.515 trillion the nation’s lenders borrowed from the apex bank to cover their positions between November 1 and 22, 2017. The DMBs borrowed N1.019 trillion, N671 billion and N614 billion through the CBN’s SLF window during the first, second and third week of December, respectively.

Some analysts attributed the trend to liquidity squeeze and banks’ demand for funds to participate in the special foreign exchange auctions conducted by the regulator. In November, the commercial banks borrowed N2.77 trillion with an average amount of N154 billion.

The highest and lowest amounts the lenders borrowed from the central bank in November were N260 billion and N108 billion, respectively. Economic and financial experts said that the CBN’s lending to banks had increased in recent times on the back of liquidity issues in the economy.

Banks with liquidity challenges are often seen more on the CBN SLF window than others. Meanwhile, market activity remained low in the secondary market for the Nigerian Treasury Bills (NTBs) with little activity witnessed on the short end of the curve.

Traders said discount rates declined marginally by an average of about five basis points across most of the maturities traded in the two-way-quote market.

Read More at: https://leadership.ng/2018/01/29/banks-deposit-cbn-drop-n160-7bn/

Maritime Workers Give FG 7-Day Ultimatum To Fix Port Access Roads

Maritime Workers Give FG 7-Day Ultimatum To Fix Port Access Roads

The crisis generated by the nightmarish state of port access roads has taken a new dimension as the Maritime Workers Union of Nigeria (MWUN) weekend in Lagos issued a seven-day ultimatum to the Federal Government to remove all trucks parked or abandoned on Oshodi-Apapa Dual Carriage and make all access roads to the nation’s sea ports motorable.

In a statement, the union warned that if after seven days the government did not remove all parked trucks on Oshodi-Apapa Dual Carriage Way and filled all craters and potholes on all access roads to the nation’s ports to make them motorable, members would down tools and commence a nationwide indefinite strike.

Adewale Adeyanju and Felix Akingboye, President-General and Secretary General respectively, in a joint statement, threatened that if by Monday, February 5, the federal government fails to meet the union’s two demands, all port formations nationwide would be shut from Tuesday, February 6.

“On May 14, 2017, the union issued a 21 day ultimatum to the Federal Government to fix the access roads to the nation’s seaports especially the Oshodi-Apapa Dual Carriage Way that leads to Apapa and Tin-Can Ports," the statement read, adding that "before the expiration of the ultimatum, the management of Nigerian Ports Authority (NPA) met with us and pleaded with us that they were doing something to fix the roads especially the Apapa and Tin -Can Ports axis of the Oshodi-Apapa Dual Carriage Way.

"We were assured that remedial works would be done on the road because it was not captured in 2017 national budget. We decided to suspend our planned industrial action. We have waited and endured very harrowing experiences on the access roads to the Ports in Lagos, Port Harcourt, Calabar and Warri, hoping upon hopes that the government will at least, do a quick fix on the roads to make them motorable.

“Nine months after we suspended the ultimatum, the roads have completely deteriorated and in addition, have claimed several lives and properties.

"In fact, we lost two of our members on the Oshodi-Apapa Dual Carriage Way. The Oshodi-Apapa Dual Carriage Way has completely failed and unmotorable. From Berger Bridge, there are countless craters and potholes on the road.

"To worsen the already terrible situation, from Otto Wharf, the road have become parks and mechanic workshops for heavy duty trucks parked and abandoned by drivers and owners in the last few months. People now defecate, sleep, cook wash clothes, bathe and do whatever they like on the road.

"As a result, the road is now a safe haven for criminals who use every opportunity to attack, assault and rob innocent Nigerians, including our members who trek to and from work daily on the road because it is no longer motorable.

“Today, only few vessels now berth at our seaports as most ship owners and businessmen prefer our neighbouring ports especially Cotonou. While our neighbouring ports are booming, our ports have been deserted because of the failed access roads to the ports, the gateway to the nation’s economy.

"Last week, we took an assessment tour of the roads and to our dismay, the Apapa axis of the Oshodi-Apapa Dual Carriage Way said to be under reconstruction by a consortium of private individuals, is now at stand still.

"We even understand that NPA has paid a substantial part of N270 million pledge it made on the reconstruction of the road."


Ekiti govt sues Fayemi, ex-commissioner over N4.9bn state fund

Ekiti govt sues Fayemi, ex-commissioner over N4.9bn state fund

The Ekiti State Government has filed a 19-count charge of corruption against a former governor of the state, Dr. Kayode Fayemi, and his finance commissioner, Mr Dapo Kolawole.

The court action came less than two weeks after the government released a white paper on the report of the Justice Silas Oyewole-led Judicial Commission of Inquiry into the
finances of the state during the administration of the former governor, now Minister of Mines and Steel Development.

The 19-count charge was filed before the State High Court, Ado Ekiti on Friday, January 26, 2018, according to court papers obtained by Daily Trust yesterday.

Fayemi and the former commissioner were accused of misappropriating N4.9 billion being the proceeds of Ekiti State Bond for the N20 billion earmarked in the bond prospectus for various projects in the state that were either not done or partly done.

Count 12 of the charge, which borders on conspiracy to steal, reads: “That you Dr John Kayode Fayemi and Mr Vincent Dapo Kolawole, while holding the offices of the Executive Governor of Ekiti State of Nigeria and Commissioner for Finance respectively, sometime between 2011 and 2014, conspired to steal the sum of N2.75 billion, being the sum of money earmarked in the bond prospectus titled; ‘Ekiti State Government of Nigeria, Offer for Subscription of N20 billion.. and released for the construction of an ultra-modern market in Ekiti State, which you never built; and thereby committed an offence.”

Responding yesterday, Fayemi, in a statement by his media aide, Yinka Oyebode, said the Ekti State Government’s action was further demonstration to tarnish Dr Fayemi’s public service record.

He said, “The government out of desperation refused to release the CTC of the report of the panel to Fayemi’s counsel more than a month after he has sent in a written application for the Certified True Copy (CTC) of the report. The lawyer asked for the CTC of the report as part of the documents he needed for a suit he has filed challenging the outcome of the panel. Now, the same government that has refused to release the report is going to court based on the same report. Can you see mischief, double standard and deliberate which-hunting?”

Recall Abia State CJ Now Or Face Legal Action, SERAP Tells Gov Ikpeazu

Recall Abia State CJ Now Or Face Legal Action,  SERAP Tells Gov Ikpeazu

Socio-Economic Rights and Accountability Project (SERAP) has urged Governor Okezie Ikpeazu of Abia State to “immediately restore Justice Theresa Uzokwe, who was unlawfully removed by the State House of Assembly, back to her position as Chief Judge of the state.

SERAP threatened that should Ikpeazu and the House fail to restore Justice Uzokwe back to her position it will undertake appropriate legal action including going before the National Judicial Council (NJC) and the UNITED NATIONS' special procedure mechanisms, to seek justice and effective remedies in this matter.”

The civil society organisation, which made the demand in in a statement issued in Lagos on Sunday by its deputy director Timothy Adewale, also insisted that the state must withdraw the illegal appointment of Justice Obisike Orji as the acting Chief Judge of the state.

The House of Assembly had on Friday passed a resolution suspending Justice Uzokwe as the state’s chief judge.

The speaker, Mr. Chikwendu Kalu, while reading the resolution, set up an 8-man ad-hoc committee to investigate allegations of misconduct against the judge, and mandated Governor Ikpeazu to appoint an acting chief judge pending the completion of the investigation by the committee.

However SERAP maintained, “Rather than using their executive and legislative powers to promote good governance and abolish laws granting double emoluments and large severance benefits to former governors, the Abia State government is denigrating the judiciary and displaying contempt for the rule of law.

 “The purported suspension of Justice Uzokwe violates sections 292(1)(a)(ii) and 21(d) Part 11 of the Third Schedule to the 1999 Constitution of Nigeria (as amended), and amounts to a blatant attack on the integrity and independence of the judiciary. No judge anywhere in Nigeria can be removed without the involvement of the National Judicial Council (NJC), no matter the level of allegations of misconduct against that judge.

“Governor Ikpeazu must rescind his illegal appointment of a new chief judge, and the Abia State House of Assembly must withdraw the apparently politically motivated suspension of Justice Uzokwe without further delay. Doing so will be entirely consistent with the decision of the Supreme Court of Nigeria in the case of Raliat Elelu-Habeed & anor v Attorney General of the Federation and Attorney General of Kwara State (2012).

 “If allowed to stand, the suspension of Justice Uzokwe would set a bad example to other state governments, and dangerously move them toward executive and legislative dominance and control over the judiciary. Should Ikpeazu and the House fail to restore Justice Uzokwe back to her position, SERAP will undertake appropriate legal action including before the NJC and the UN special procedure mechanisms, to seek justice and effective remedies in this matter.”

The statement read in part: “The suspension also infringes the constitutional principle of the separation of governmental powers. Constitutional guarantees are meant to protect the judiciary from the political caviling that removal power often engenders. The benefits of the integrity of the judiciary should never be supplanted by the temerity and excessiveness which political powers often breed.

“An independent judiciary is the foundation upon which the entire structure of our constitution rests. The suspension of Justice Uzokwe is a serious threat to this independence, and any impression that this principle is being improperly eroded should be directly and speedily addressed.

“Justice Uzokwe would seem to be a victim of the government’s plan to harass judicial officials in Abia State. Neither the House of Assembly nor Ikpeazu is constitutionally authorized to suspend Justice Uzokwe without the participation of the NJC.

“The independence of the judiciary is a barrier to despotism and necessary to secure a steady, upright, and impartial administration of the laws.

"This independence ought to be promoted and protected by the Abia State government. Executive and legislative invasions of it should never be allowed to stand.

“A judge is in no sense under the direction of the government. The judiciary is in a place apart, and constitutionally independent.

"It is of supreme importance, not only that justice be done, but that litigants before the court and the public generally understand that it is being done and that the judge is beholden to no one but God, his/her conscience, and the judicial oath.

“The framers of our constitution sought to establish the judiciary's independence and remove undue influence by both the executive and legislative branches by prescribing due process of law for removal of judges.”