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Court reserves ruling in case against NLNG, former MD
A Magistrates’ Court sitting in Port Harcourt, Rivers State has reserved ruling in a case of alleged obtaining by false pretence brought against the Nigerian Liquefied Natural Gas Limited (NLNG), its former Managing Director, Mr. Tony Attah, and General Counsel, Akachukwu Nwokedi, till February 7, 2022.
Arguments commenced at the Magistrate Court, Port Harcourt, before her Lordship, Blessing Vick-Jumbo, in respect of the preliminary objection filed by the NLNG, Attah, and Nwokedi, regarding the criminal summons, issued against them by one of its vendors, Macobarb International Ltd and its Managing Director, Mr. Ogboru Shedrak, as complainants.
The preliminary objection, dated December 8, 2021, was supported with an affidavit and a further affidavit dated 8th and 20th December 2021 respectively.
Arguing the objection in court, Dr. Bayo Adaralegbe submitted that the complaint was based on a contract awarded by NLNG to the vendor, which NLNG terminated due to lack of performance.
The vendor had petitioned no fewer than 10 federal and state government agencies, characterising the dispute between the parties as one of breach of contract.
He submitted that the facts could not have given rise to the offence as obtaining by false pretence under the Criminal Code of Rivers State as alleged by the complaint.
But the counsel for the NLNG argued further that the complaint failed to satisfy Section 89(5) of the Administration of Criminal Justice Law of Rivers State, which stipulated that there had to first be a police investigation before the court could deal with private prosecution.
He argued further that based on Section 92 of the Administration of Criminal Justice Law, the complaint was statute barred, having been filed outside the maximum six years permitted by law and urged the court to quash the charge.
Responding, Mr. M. Uzoma, who appeared for the complainants, argued that despite the objection, the court should proceed with prosecution.
An oil services firm, Macobarb International Limited and two others, had dragged the Nigerian Liquefied Natural Gas (NLNG) Limited and two others – Attah and Nwokedi –before a Rivers State Magistrate Court over an alleged breach of contract.
It read: “Complaint has been made this day by Macobarb International Limited and Ogboru Shedrack, that you, Nigeria LNG Ltd, on the various dates inclusive the month of April, 2018 and December, 2020 and at various fora, inclusive in Bayelsa and Port Harcourt, Rivers State, of the above mentioned Magisterial District did.
“By way of false pretences, fraudulent tricks and misrepresentations ‘which you knew to be false working in conjunction with NIGERIA LNG LTD and Mr. Tony Attah, prompted the complainants to mobilise both equipment and personnel to the contract site at their expense on false representation that they would be paid on ‘work done’ as defined in your contract documents with monetary valuation of ‘work done’ assessed at various sums inclusive that of N32, 079, 723. 10, N33, 588, 401, 76 amongst other monetary sums incurred by the complainants and of which the complainants were tricked and not paid,”
But, an affidavit filed in support of its preliminary objection by Mr. Toochukwu Nwankwo, of the law firm of Babalakin and Co, on behalf of the defendants, said the counter affidavit deposed to by the 2nd Respondent, Ogboru Shedrack, was false and calculated to mislead the court.
The Commissioner of Police in Osun, Mohammed Abba, has pledged collaboration with the National Drug Law Enforcement Agency (NDLEA) in tackling the menace of drug Abuse in the state.
A statement by the Police Public Relation Officer, CSP Yemisi Opalaola, on Thursday in Osogbo, said that the commissioner made the pledge while playing host to NDLEA State Commandant, Adetula Lawal.
Abba expressed his readiness to further strengthen the healthy partnership between the two agencies.
The police commissioner said that the fight against drug abuse required collective efforts.
According to him, many of those committing crimes are doing so under the influence of dangerous drugs.
Abba promised to provide the necessary support to the NDLEA in the state.
The statement quoted Lawal as commending the police commissioner’s efforts in combating crime and criminality in the state.
He reiterated the agency’s collaboration with the police, as a leading security agency to tackle the menace of drug abuse and trafficking in the state.
Financial experts have raised alarm that the implementation of the 4 per cent Free-On-Board (FOB) Levy on imports would exacerbate inflation in the country.
The News Agency of Nigeria (NAN) report that the Nigeria Customs Service (NCS) on Feb. 5 announced its introduction of the FOB levy on imports.
According to Abdullahi Maiwada, the spokesman of the service, the introduction of the levy was in line with the provisions of the Nigeria Customs Service Act (NCSA) 2023.
“In line with the provisions of Section 18 (1) of NCSA 2023, the NCS is implementing a 4 per cent charge on the Free On-Board (FOB) value of imports.
“The FOB charge, which is calculated based on the value of imported goods, including the cost of goods and transportation expenses incurred up to the port of loading, is essential to driving the effective operation of the service.”
However, a former Chairman, Manufacturers Association of Nigeria (MAN), Ogun Chapter, Dr Wale Adegbite and Evans Osabuohien, a Professor of Economics, said that the levy would worsen the nation’s inflation rate.
In separate interviews with the News Agency of Nigeria (NAN) on Monday in Ota, Ogun, Adegbite and Osabuohien of the Department of Economics, Covenant University, said that the policy would negatively impact the economy.
The former MAN chairman said that the 4 per cent levy by the NCS “is a disaster and will worsen an already bad situation with multiple devastating effect on the economy.
” Why would the government inflict more hardship on the population as this new policy will certainly lead to more price increase, thus further increasing the country’s inflation rate.
“In addition, the masses will suffer more because of the impending price increase without any corresponding increase in income.”
Also, Osabuohien said that though the new FOB policy by the NCS was meant to generate more revenue for the federal government, but it would negatively impact on the economy.
He said that the NCS action would increase the cost of living of households.
The economist explained further that the development would increase the cost of operations of Small Medium Enterprises (SMEs), especially those companies that depend on imported raw materials for their production.
“This additional cost to be incurred through the 4 per cent increase in FOB would be transferred to the consumers and it would automatically trigger increase in the nation’s inflation rate,” Osabuohien said.
U.S. President Donald Trump plans to impose tariffs of 25 per cent on steel and aluminium imports into the United States, he said on Sunday.
“Any steel coming to the United States is going to have them, 25 per cent tariff,” Trump said, according to journalists travelling with the president. When questioned about tariffs on aluminium imports, Trump replied, “25 Per cent for both.”
Trump also confirmed his plan to announce further reciprocal tariffs in the coming week.
He spoke of an announcement on Tuesday or Wednesday.
“Very simply, if they charge us, we charge them, Trump told reporters, adding that the tariffs would go into effect almost immediately.”
U.S. tariffs of 10 per cent on Chinese goods took effect from Feb. 4.
The planned tariffs of 25 per cent on Mexico and Canada were suspended for an initial period of 30 days following promises from the two countries to increase border security measures.
Trump won November’s presidential election promising to slap high tariffs on foreign goods to reduce U.S. trade deficits.
He implemented a number of duties during his first term from 2017 to 2021.
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