Headlines
Supreme Court dismisses appeal by energy firm against Rivers communities
The Supreme Court has dismissed the appeal filed by an energy production and distribution firm, NVT Power & Energy Ltd, against the judgment given in favour of eight communities in Rivers.
Justice Kudirat Kekere-Ekun, in a ruling, ordered the dismissal of the appeal marked: SC/CV/849/2022 filed against the June 7 ruling of the Court of Appeal, Port-Harcourt.
The apex court’s order dismissing the appeal made on Nov. 4 was sequel to an application by NVT Power for the withdrawal of the appeal.
The certified true copy (CTC) of the ruling was, however, obtained on Friday by newsmen in Abuja.
The communities involved include Opu-Benibo Granville community; Orubibi Douglas community; Blackduke Oweredaba community; Ajumogobia -Bestman community; Oruwari community and Siri Young Jack community.
Others are Don-Pedro community and Membere Community, all in Abonnema Kingdom, Akuku Toru Local Government Area of Rivers.
The host communities had, in October 2020, sued the firm at the High Court of Rivers State sitting in Port-Harcourt.
The communities had prayed the court to, among others, compel the firm to negotiate with them and “pay forthwith to their attorney/legal representative all agreed accruals, benefits and compensation that is due to the claimants’ communities by reason of the defendant’s activities, operations and facilities within the lands of the claimants’ communities.”
Parties later agreed to a term of settlement, which Justice A. Enebeli adopted as the court’s consent judgment in the case on June 2.
The term of the settlement agreement was that the communities, “being independent, autonomous communities and the location of the defendant’s several facilities and activities, are entitled to participate and benefit directly from all accruals, rents, contracts, development and economic empowerment.
They are also entitled to compensation, environmental clean-up, scholarships and economic empowerment projects undertaken by all companies including the defendant for their host communities in Abonnema Kingdom in Akuku Toru Local Government Area of Rivers State of Nigeria.”
They were also to “be included in all agreements and or Global Memorandum of Understanding to be executed or entered into between the defendant and its host communities in Abonnema Kingdom in Akuku Toru Local Government Area of Rivers State of Nigeria.”
The firm was ordered to negotiate with the communities through their lawyers “and pay forthwith to their attorney/legal representative all agreed accruals, benefits and compensation that is due to the claimants’ communities by reason of the defendant’s activities, operations and facilities within the lands of the claimants’ communities in Abonnema Kingdom, Akuku Toru Local Government an of Rivers State of Nigeria.”
Justice Enebeli subsequently ordered NVT to pay each of the eight communities N1 million, an aspect of the consent judgment that the firm appealed against at the Court of Appeal, Port-Harcourt.
In a ruling on June 7, a three-member panel of the Court of Appeal in Port-Harcourt, led by Justice Joseph Ikyegh, struck out NVT’s appeal for being incompetent, having been filed without first seeking the leave of the court.
NVT then appealed the ruling of the Court of Appeal at the Supreme Court, an appeal it subsequently withdrew, which the apex court dismissed in its ruling.
(NAN)
Supreme Court dismisses appeal by energy firm against Rivers communities
Headlines
Rep felicitates Wike on emergence as THISDAY/Arise TV Minister of the Year
The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.
Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.
The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.
“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.
“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.
“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.
“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.
Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.
While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.
Headlines
Court adjourns case against ex-Kogi governor, others
A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against former governor of Kogi, Yahaya Bello until April 3 and April 24.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.
Justice Anenih said she could only take one witness as she had other matters to attend to.
The court also announced that it would not be sitting on Thursday as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.
He said he was aware that the first defendant had not made any statement.
Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.
Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”
The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.
He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.
“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.
“As it is, we have almost utilised more than an hour on these arguments,” he stated.
The judge asked the defendant’s counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.
He returned all documents related to the purchase and demanded a refund of the N550million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.
The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.
Headlines
Kebbi to upgrade Zuru hospital to referral centre
The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.
Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.
Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.
Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.
The governor said that quality healthcare services remained an utmost priority of his administration.
He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.
“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.
On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.
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