Crime
Nigeria Governors write FG over an alleged $418 million Paris Funds debt, Say Renewed deduction plan is unlawful
Nigeria’s 36 state governors in the country under the Nigeria Governors’ Forum (NGF) have again resisted fresh moves to commence the deduction of $418 million Paris Club refund allegedly owed four contractors from the federation account.
In a letter to the federal government through the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, dated August 1, the governors maintained that any renewed plan to begin the process which is being challenged in the courts and for which the Supreme Court has made pronouncement, would be unconstitutional.
In the official communication signed by the Chairman of the NGF, Dr Kayode Fayemi, who also doubles as the outgoing Governor of Ekiti State, the governors noted that it would appear that the allegiance of the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN and the Minister of Finance, Mrs Zainab Ahmed, lies with the contractors rather than the Nigerian people.
The governors described as suspicious the uncommon zeal and speed with which the two ministers were pursuing the cause of the four contractors, explaining that the latest attempt to stampede the Federal Executive Council (FEC) to approve the payment was a surreptitious way of breaching the law.
“The attention of the NGF has been drawn to yet another attempt by the Attorney General of the Federation (AGF) and the Minister of Finance (HMF) to circumvent the law and the recent judgment of the Supreme Court by surreptitiously securing the approval of the FEC to effect payment of the sum of $418 million to four contractors who allegedly executed contracts in respect of the Paris Club refunds to the states and local governments.
“It would be recalled that an earlier approval of Mr. President under the instrumentality of the AGF and HMF to pay the said sum to the contractors through the issuance of promissory notes had met stiff resistance by the 36 state governors who approached the court for redress through their Attorneys-General.
“ The matter is currently pending on appeal at the Court of Appeal in Abuja for hearing,” the governors wrote.
Significantly, the governors stressed that while the appeal is pending, one of the contractors, who is a beneficiary of the promissory notes in the sum of $142,028,941.95, Riok Nigeria Limited, and who had lost at the Court of Appeal, further appealed to the Supreme Court, in suit no: SC 337/2018.
The forum affirmed that the Supreme Court on 3rd June, 2022 also dismissed Riok’s appeal as lacking in merit, recalling that the court had on the occasion made clear that neither the NGF nor the Association of Local Governments of Nigeria (ALGON) had power to award contracts and charge same directly to the federation account as done in the extant case.
Quoting page 43 of the judgement, the governors noted that the court had declared that funds belonging to a state or local government must be kept in an account belonging to the state or local government as the case may be, and disbursed or expended by the state strictly in the manner and for the purposes prescribed in the constitution.
In addition, they stressed that monies can only be spent on the basis of an appropriation law or as prescribed by the House of Assembly of the State and in the manner and for purposes prescribed in the constitution, a local government law or as prescribed by the council of the local government.
According to the governors, the dismissal of RIOK’S case by the court also affected the payment of $1,219,440.45 and $215,195.36 to two private lawyers to RIOK, Nwafor Orizu and Olaitan Bello who are also beneficiaries of promissory notes by the Debt Management Office (DMO).
Besides RIOK and the two lawyers, the NGF noted that the States had also challenged either on appeal or other courts the claims by the other contractors including: Dr. Ted Isighohi Edwards ($159,000,000), Ned Nwoko ($68,658,192.83) and Panic Alert Security Systems Ltd ($47,831,920).
“These cases are pending and no steps ought to be taken to enforce the Judgment and alter the status quo until the matters are fully determined. A caveat issued to restrain all parties concerned and the public from dealing or honouring promissory notes issued had earlier been published,” the NGF insisted.
The purport and essence of the definitive pronouncement by the Supreme Court, the NGF argued, is that none of the contractors recommended for payment of the sum of $418 million by the AGF and HMF can be so paid because the contracts and payments relied upon were not processed as prescribed by the constitution and the law.
Subsequently, they declared that the funds cannot be accessed through the federation account as vigorously pursued by the Malami and Ahmed, pointing out that the contracts as they stand, are unconstitutional and unlawful and cannot vest any legal right on any of the contractors.
The governors maintained that it was immaterial that part of the contract sums had been paid, explaining they the payments did not validate the unlawful nature of the contracts. “The Supreme Court has spoken. It is final and must be obeyed,” the forum noted.
“The NGF therefore urges that the AGF and the HMF should not under any guise whatsoever stampede the FEC to take a decision which will not only be patently unconstitutional and illegal but also an affront to the highest court of the land.
“The rule of law is not only supreme; it is a cardinal principle canvassed by the present administration and should in this particular occasion be strictly obeyed.
“In the face of the crushing economic realities and security challenges facing the nation and competing allocation of scarce resources, the payment of contractors of the humongous sum of $418 million from pubic treasury is not and should not be the priority of FEC.
“FEC may also wish to note that the undue haste in which the payment of the contractors in the Paris Club refund has been pursued and processed by the AGF and HMF has already created the impression in the discerning minds of the public that it would appear that the interest of contractors takes precedence over and above the welfare and interest of the general public whom the senior officials of government had sworn to defend and protect,” the governors said.
The NGF therefore admonished FEC to prevail on the AGF and the minister of finance to toe the line of constitutionality and allow the due process of the law to prevail.
Africa
Customs hands over illicit drugs worth N117.59m to NDLEA
The Nigeria Customs Service (NCS), Ogun Area 1 Command, has handed over illicit drugs worth N117.59 million to the National Drug Law Enforcement Agency (NDLEA).
The Comptroller of the command, Mr James Ojo, disclosed this during the handing over of the drugs to Mr Olusegun Adeyeye, the Commander of NDLEA, Idiroko Special Area Command, in Abeokuta, Ogun, on Friday.
Ojo said the customs handed over the seized cannabis and tramadol tablets to the Idiroko Special Command for further investigation in line with the standard operating procedures and inter-agency collaboration.
He said the illicit drugs were seized in various strategic locations between January and November 21, 2024, in Ogun State.
He added that the illicit drugs were abandoned at various locations, including the Abeokuta axis, the Agbawo/Igankoto area of Yewa North Local Government Area, and Imeko Afton axis.
Ojo said that the seizure of the cannabis sativa and tramaling tablets, another brand of tramadol, was made possible through credible intelligence and strategic operations of the customs personnel.
“The successful interception of these dangerous substances would not have been possible without the robust collaboration and support from our intelligence units, local informants and sister agencies.
“These landmark operations are testament to the unwavering dedication of the NCS to safeguard the health and well-being of our citizens and uphold the rule of law,” he said.
He said the seizures comprised 403 sacks and 6,504 parcels, weighing 7,217.7 kg and 362 packs of tramaling tablets of 225mg each, with a total Duty Paid Value of N117,587,405,00.
He described the height of illicit drugs smuggling in the recent time as worrisome.
This, he said, underscores the severity of drug trafficking within the borders.
“Between Oct. 13 and Nov. 12 alone, operatives intercepted a total of 1,373 parcels of cannabis sativa, weighing 1,337kg and 362 packs of tramaling tablets of 225mg each,” he said.
Ojo said the seizures had disrupted the supply chain of illicit drugs, thereby mitigating the risks those substances posed to the youth, families and communities.
He lauded the synergy between its command, security agencies and other stakeholders that led to the remarkable achievements.
Ojo also commended the Comptroller General of NCS for creating an enabling environment for the command to achieve the success.
Responding, Adeyeye, applauded the customs for achieving the feat.
Adeyeye pledged to continue to collaborate with the customs to fight against illicit trade and drug trafficking in the state.
Africa
Ann-Kio Briggs Faults Tinubu for Scrapping Niger Delta Ministry
Prominent Niger Delta human rights activist and environmentalist, Ann-Kio Briggs, has criticised President Bola Tinubu’s decision to scrap the Ministry of Niger Delta, describing it as ill-advised and detrimental to the oil-rich region.
Briggs expressed her concerns during an appearance on Inside Sources with Laolu Akande, a socio-political programme aired on Channels Television.
“The Ministry of Niger Delta was created by the late (President Umaru) Yar’Adua. There was a reason for the creation. So, just removing it because the president was advised. I want to believe that he was advised because if he did it by himself, that would be terribly wrong,” she stated.
President Tinubu, in October, dissolved the Ministry of Niger Delta and replaced it with the Ministry of Regional Development, which is tasked with overseeing all regional development commissions, including the Niger Delta Development Commission (NDDC), North-West Development Commission, and North-East Development Commission.
Briggs questioned the rationale behind the restructuring, expressing concerns about its feasibility and implications. “But that’s not going to be the solution because who is going to fund the commissions? Is it the regions because it is called the Regional Development Ministry? Is it the states in the regions? What are the regions because we don’t work with regions right now; we are working with geopolitical zones,” she remarked.
She added, “Are we going back to regionalism? If we are, we have to discuss it. The president can’t decide on his own to restructure Nigeria. If we are restructuring Nigeria, the president alone can’t restructure Nigeria, he has to take my opinion and your opinion into consideration.”
Briggs also decried the longstanding neglect of the Niger Delta despite its significant contributions to Nigeria’s economy since 1958. “The Niger Delta has been developing Nigeria since 1958. We want to use our resources to develop our region; let regions use their resources to develop themselves,” she asserted.
Reflecting on the various bodies established to address the region’s development, Briggs lamented their failure to deliver meaningful progress. She highlighted the Niger Delta Basin Authority, the Oil Mineral Producing Areas Development Commission (OMPADEC), and the NDDC as examples of ineffective interventions.
“NDDC was created by Olusegun Obasanjo…There was OMPADEC before NDDC. OMPADEC was an agency. Before OMPADEC, there was the Basin Authority…These authorities were created to help us. Were we helped by those authorities? No, we were not,” she said.
Briggs further described the NDDC as an “ATM for failed politicians, disgruntled politicians, and politicians that have had their electoral wins taken away from them and given to somebody else.”
Her remarks underscore the deep-seated frustrations in the Niger Delta, where residents continue to advocate for greater control over their resources and improved governance.
Crime
Court remands 2 brothers for alleged culpable homicide, armed robbery
A Kaduna High Court on Tuesday ordered that two brothers be remanded in a correctional centre for alleged culpable homicide and armed robbery.
The police charged Hamza Jibrin, 27 and Yusuf Jibrin 24, with conspiracy, armed robbery and culpable homicide.
Justice Aisha Shagari ordered the remand of the defendants, after they pleaded not guilty to the charge preferred against them.
Shagari adjourned the matter until Dec. 12 for hearing.
Earlier, the Prosecutor, James Edward, said that the defendants and two others at large, while armed with matchete and other dangerous weapons along Airport Road, Kaduna, on Nov. 7, robbed and caused the death of a 26-year-old man, Rabiu Sani.
He said the defendants stole the deceased’s HP laptop, two cell phones, his wallet which contained two ATM cards and cash sum of N30,000.
Edward said that the offence is punishable under the Robbery and Firearms ( Special Provision) Act LFN, 2004.
The Defence counsel, Habiba Usman, had pleaded with the court to grant her clients bail.
Usman while moving her bail application, urged the court to gtant her client bail on literal terms, adding , that the defendants would be of good behaviour and would not jump bail.
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