Tuesday, 18 April 2023

Court Sacks Oluomo-led Parks, Garages Committee, Reinstates RTEAN

The National Industrial Court of Nigeria (NICN) sitting in Lagos Tuesday voided the Lagos State government’s appointment of a caretaker committee for managing parks and garages.

Justice Maureen Esowe ordered the reinstatement of the operations of the Road Transport Employers Association of Nigeria (RTEAN) in Lagos State.

The judge held that the state government’s suspension of the national unions’ operations and setting up of a caretaker committee was illegal and unconstitutional .

She held that the government and the Police should have intervened by arresting and prosecuting those behind any fracas purportedly involving union members and not inquiring into the dispute.

The court also restrained the state government from further interfering in the operations of the union’s exco.

It ordered the police to refrain from intimidating the union’s officers, to remove all barricades it imposed around their secretariat and to grant them unfettered access to their offices.

Justice Esowe also dismissed the defendants’ preliminary objections to the suit, saying the matter was straightforward, with no serious dispute to warrant an exchange of pleadings.

RTEAN instituted the suit marked NICN/LA/381/2022, in October 2022 to challenge the Lagos State government for allegedly dissolving the elected executive committee of the union in the state and appointing a caretaker body, known as the Parks and Garages Administrators, headed by Mr. Musiliu Akinsanya, popularity known as MC Oluomo.

The defendants in the case are the Governor, the Attorney-General of the state, Moyosore Onigbanjo and Sola Giwa, who is the Special Adviser to the governor on transportation.

The 4th-37th defendants are the Commissioner of Police, Lagos State, and all the members of the caretaker committee.

In January, the union through its counsel, Elisha Kurah (SAN) argued that a state cannot interfere in the affairs of a trade union registered under the Trade Unions Act of 2004.

He added the Sstate cannot dissolve the union, saying such matters are handled by the Federal Ministry of Labour and Employment.

But, counsel for the state government, Adebayo Haroun contended that the government neither violated the law nor dissolved the national body’s operations in the state, but had sought to maintain law and order by creating the ad-hoc committee when violence ensued between the unions.

The counsel for the 5th to the 37th defendants, Taiwo Kupolati (SAN), in his arguments, said Governor Babajide Sanwo-Olu had the power to maintain peace in the land.

“There was a crisis and the governor exercised his authority as the Chief Security Officer of the state and put up a committee to be in charge of garages for peace to reign.”

https://thenationonlineng.net/court-sacks-oluomo-led-parks-garages-committee-reinstates-rtean/

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Woman Sues Husband For Allegedly Failing To Take Her To Saudi Arabia

45-year-old woman, Karima Nuhu, on Tuesday dragged her husband, Musa Falalu, to a Shari’a Court sitting in Rigasa, Kaduna, for allegedly failing to take her to Saudi Arabia.

The complainant who resides at Rigasa area of Kaduna told the court that she had been married to Falalu for four years during which he provided her with food for only two months.

He told me that he lost his job as a driver but had secured another one in Saudi Arabia, urging me to be patient while promising to take me along.

“So far, I have been feeding myself. I even borrowed money for him so that he would be able to pay for the trip, but after getting what he wanted, he divorced me,
” she said.

Nuhu told the court that she had no witness except God who will judge them on the last day.

The defendant, however, denied the allegations saying they were untrue.

He told the court that he had divorced the complainant.

The Judge, Malam Anass Khalifa, who confirmed the divorce between the couple, said the court would only listen to the complainant’s claims if she had witnesses.


https://www.vanguardngr.com/2023/04/woman-sues-husband-for-allegedly-failing-to-take-her-to-saudi-arabia/

Malami Writes Buhari, Admits Nigeria Cannot Win OPL 245 Court Cases

Abubakar Malami, attorney-general of the federation (AGF) and minister of justice, wants court cases related to OPL 245 terminated by the federal government because the prospects of a judicial victory are slim, TheCable can report.

In a memo to President Muhammadu Buhari, Malami advised that the termination of the cases will allow the country enjoy the economic benefits of the controversial oil block while fossil fuels are still in vogue.

He said the dispute and associated litigation has brought negative economic consequences for Nigeria “particularly in terms of foreign exchange earnings, loss of Tax income and Royalty payments”.

OPL 245 is believed to be Nigeria’s most endowed oil block but its development has been stalled since Buhari came to power in 2015.

His administration has been pursuing a series of litigation home and abroad against Royal Dutch Shell, Eni/Nigeria Agip Exploration (NAE), Shell Nigeria Ultra Deep (SNUD) Ltd, and Shell Nigeria Exploration Company (SNEPCO) — as well as Mohammed Bello Adoke, former AGF, over allegations of fraud and corruption in the OPL 245 deal. They all deny the charges.

In 2011, Shell and ENI paid $1.1 billion to acquire 100 percent stake in OPL 245 after Malabu, the original allottee, relinquished its interest in the acreage — but foreign anti-corruption campaigners alleged that the transaction was shrouded in corruption.

The federal government pursued both criminal and civil cases and has lost in foreign jurisdictions but the prosecution has continued in Nigeria using the same evidence that failed abroad.

The cases in Nigeria are being prosecuted by the Economic and Financial Crimes Commission (EFCC).

‘A SERIES OF LOSSES’

In his memo dated 6 February 2023, the AGF reminded Buhari of the string of losses Nigeria has suffered over the years in trying to prove corruption and fraud in the transaction.

Malami wrote: “Your Excellency, recent developments, particularly the series of losses recorded in cases that arose from the facts of OPL 245 2011 Resolution Agreements in different jurisdictions, should be concerning. These losses include:

“I. Judgment of the UK Courts delivered on 22 May 2020 declining jurisdiction in a case filed by FGN against Shell/SNUD and ENI asking for compensation in the sum of $1.1 billion in relation to their conduct in the OPL 245 2011 Resolution Agreements;

“II. Judgment of the Italian Constitutional Court dated 17th March 2021, in the Prosecution of NAE in Milan, Italy for international corruption allegedly connected with OPL 245 2011 Resolution Agreements which was concluded in favour of ENI;

“III. Judgment delivered by the UK Court in June 2022, the FGN lost its $1.7 billion claim against JP Morgan Bank over transfers of proceeds from the sale of OPL 245 pursuant to the OPL 245 2011Resolution Agreements.

“IV. The US Department of Justice previously investigated the OPL 245 2011 transaction and announced in October 2019 that it was closing the case.

“V. In April 2020, the US Securities and Exchange Commission also closed investigation into the controversial OPL 245 deal after it could not prove fraud or corruption.”

Malami noted that upon the conclusion of the case in Milan in March 2021, Buhari — with advice from the Nigerian Upstream Petroleum Resources Commission (NUPRC) and the office of the AGF — granted consent to convert the oil prospecting licence (OPL) to an oil mining lease (OML) for NAE to commence production.

He recalled that Timi Sylva, then-minister of state for petroleum resources, wrote to ENI in May 2022 to convey Nigeria’s readiness to resolve all the issues but the assurance “remains ineffectual as long as Charge CR: 151/2020 against ENI in Nigeria being prosecuted by EFCC remains in Court”.

‘UNFRIENDLY INVESTMENT DESTINATION’

In his assessment of the current situation, Malami wrote: “In sum, Mr. President is invited to note that:

“(a) OPL 245 is the most priced Oil block in the country.

“(b) FGN has gained certain benefits from SNUD/NAE/ENI in respect of OPL 245. In particular, SNUD/NAE/ENI have made payments to FGN and also expended resources thereon including:

“I. Cumulative total of $210 million Signature Bonus.

“II. Approximately $500 million committed by SNUD into the development and de-risking of OPL 245.

“III. Payment of $1,092,040,000.00 to Malabu as consideration for the OPL 245 2011 Resolution Agreements.

“IV. Litigation cost of prosecuting the several Suits connected with the subject matter in various jurisdictions.

“(c) By allowing SNUD alter its position in the sums stated in (b) (I) to (IV) above, and without getting a corresponding value for same over time through FGN’s Policy summersault, litigation and disputes, Nigeria could reasonably be portrayed as an unfriendly investment destination whose credibility is suspect.

“(d) FGN’s actions which denied SNUD/ENI/NAE the opportunity to exploit OPL 245 led to ENI’s International Arbitral Proceedings against FGN claiming $1.3 billion plus interest and arbitration costs. (No: Case No. ARB/20/41/).

“(e) The controversies and litigations, particularly the pending charge No CR/ 151/2020 filed by the EFCC­ against NAE/ENI and others has placed encumbrance on the ability of FGN to enjoy the financial benefits associated with the exploration OPL 245 with attendant economic losses to the Nation.

“(f) Judicial determinations in Milan & UK, and administrative decisions in the USA, all favourable to ENI/NAE, together with the Consent Judgment earlier entered to which FGN was a Party makes it a more beneficial approach for FGN to consider settlement of charge No: CR/151/2020 as the best option in the circumstances.

“(g) Whilst the dispute and associated litigation cum Arbitration lasted, neither SNUD/NAE nor even FGN would exploit OPL 245 with negative economic consequences for FGN and the people of Nigeria particularly in terms of foreign exchange earnings, loss of Tax income and Royalty payments.

“(h) A careful review and evaluation of the Charge No CR: 151/2020 pending at the FCT High Court, particularly the three counts against ENI/NAE, SNUD & SNEPCO leads to an almost inevitable conclusion that the Charge does not disclose sufficient evidence to excite any prospect of success in the case.

“(i) It is in the best interest of the Federal Government and Peoples of Nigeria, to resolve all issues connected with OPL 245, especially the commercial issues, by discontinuing the pending charge No CR/151/020, and to expedite the process of converting the OPL to an OML for ENI/SNEPCO thereby taking advantage of the fast-disappearing opportunities in the oil exploration industry, and attracting other high-net worth investors that will provide the resources much needed in the Oil industry and by extension our economy at this time.

“(j) The above conclusion is consistent with my earlier letter dated 27th September 2017 ref: DPPA/FMPR/198/ 17, which position was supported and re-established by Dr. Emmanuel Ibe Kachikwu and Chief Timipre Sylva in their letters dated 13th December 2017 ref: MPR/STAHMS/S.26/18, and 27th May 2022 respectively.”

PRAYERS TO BUHARI

The AGF asked the president to allow the cases to be terminated for progress to be made.

He wrote: “In view of the foregoing, and if deemed appropriate, Mr. President may wish to:

“a) Direct the discontinuation of counts 2, 3, & 13 in Charge No CR: 151/2020 pending at the FCT High Court particularly the counts against ENI/NAE, SNUD & SNEPCO.

“b) Direct the total discontinuation of all investigations by all Law Enforcement Agencies, particularly, EFCC, involving ENI/NAE, SNUD & SNEPCO in relation to OPL 245.

“c) Direct the NUPRC and any other relevant Agencies to expedite the conversion of OPL 245 to an OML in furtherance of the Ministerial Consent granted via the letter dated 16th May 2022 ref PRES/88/MPR/90.

“d) Approve the settlement of all Civil cases between FGN and ENI/NAE, SNUD & SNEPCO in relation to OPL 245.

“e) Approve that the Attorney-General of the Federation and Minister of Justice exercise his powers under Section 174(1)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to discontinue the case against NAE/ENI, SNUD & SNEPCO PROVIDED NAE/ENI, SNUD & SNEPCO equally agree to discontinue the Arbitration Proceedings against FGN on the grounds that FGN’s delay in converting the OPL 245 to an OML is a breach of Nigeria’s obligations under the relevant Treaties, and to hold FGN harmless in respect of all claims concerning OPL 245.”


THE MOHAMMED ABACHA CASE

TheCable understands that while Buhari may be disposed to resolving the issues before leaving office, the fate of Mohammed Abacha remains an issue.

As previously reported by TheCable, the final resolution depends on a proposal by the EFCC for a compensation to Abacha by ENI.

Abacha is laying claim to the ownership of Malabu Oil & Gas Ltd, the company awarded OPL 245 in 1998 by Sani Abacha, his father and then-military head of state.

He alleged that the ownership documents of the company were illegally altered, thereby denying him benefits from the $1.1 billion paid by Shell and ENI to acquire Malabu’s interest in the oil block.

The EFCC objected to the proposal to convert the OPL to OML and for the court case to be discontinued, saying it “did not consider the interest of the actual shareholders of the Malabu Oil and Gas Limited (Mohammed Sani Abacha and Pecos Energy Limited) culminating in the various litigations regarding OPL 245. This action has globally undermined the image of the Federal Republic of Nigeria”.

TheCable learnt that EFCC is proposing that ENI should set aside $500 million from the proceeds of production to compensate Abacha.

In a case filed in court by the EFCC against Malabu, Shell, Eni, Adoke, Aliyu Abubakar, Etete, and Rasky Gbinigie (Malabu’s company secretary), the anti-graft is alleging that they colluded to remove Abacha’s name as a director of Malabu.

According to reports, a man named “Mohammed Sani” originally had 50 percent in the company, with “Kweku Amafegha”, believed to be a pseudonym for Etete, owning 30 percent; and Wabi Hassan, the wife of Hassan Adamu, Nigeria’s then-ambassador to the US, was credited with owning 20 percent.

Mohammed Abacha, who is EFCC’s key witness, told the court that he was the “Mohammed Sani” but admitted that he did not pay for the shares either in cash or by any other means.

The case is ongoing.

https://www.thecable.ng/exclusive-malami-writes-buhari-admits-nigeria-cannot-win-opl-245-court-cases/amp

Monday, 17 April 2023

13 Year-old American Boy Dead After Trying Deadly Tiktok “benadryl Challenge”

An Ohio teen tragically perished after overdosing on over-the-counter medication while attempting a viral TikTok stunt.

The 13-year-old victim, Jacob Stevens, had been partaking in the “Benadryl Challenge,” a dangerous pursuit in which participants take 12 to 14 of the antihistamines — six times the recommended dose — in order to induce hallucinations.

The potentially deadly stunt started blowing up in 2020 as teens uploaded their attempts on TikTok in order to gain social media clout.

Jacob’s father, Justin, told ABC 6 that his son was at home last weekend with friends when he overdosed.

Footage taken by his pals showed the Columbus resident downing the pills, after which his body reportedly started to seize up.

“It was too much for his body,” the teen’s devastated father said.
Jacob was subsequently rushed to the hospital and put on a ventilator.
Despite medics’ best efforts, the boy perished six days later on what his father described as the “worst day of his life.”

Justin described hearing the devastating news that his son wouldn’t wake up.

No brain scan, there was nothing there,” the bereaved dad said. “They said we could keep him on the vent, that he could lay there — but he will never open his eyes, he’ll never breathe, smile, walk or talk.”

The boy’s grandmother, Dianna Stevens, fought through tears to tell their local TV news outlet: “I’m going to do anything I can to make sure another child doesn’t go through it.”

Meanwhile, Jacob is remembered by his family as a well-mannered, funny, loving kid.

“It didn’t matter how bad of a day I was having, no one could make me smile, Jacob could make me smile,” an emotional Justin recalled.

In light of his son’s tragic death, the devastated Ohioan is also warning parents about the dangers of teens using social media unsupervised.

Keep an eye at what they’re doing on that phone,” he said. “Talk to them about the situation. I want everyone to know about my son.”

Source:https://www.google.com/amp/s/nypost.com/2023/04/17/13-year-old-dead-after-attempting-tiktoks-benadryl-challenge/amp/

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Peter Obi Is Not Signatory To Campaign Account - Aisha Yesufu Tells Olunloyo

Aisha Yesufu, one of the prominent faces in Peter Obi’s presidential campaign council, has berated self-acclaimed investigative journalist, Kemi Olunloyo for lying against the presidential candidate of the Labour Party in the just concluded presidential elections in Nigeria.

Kemi had claimed, through a tweet, that Mr Obi’s detention in the UK on Easter Eve had something to do with illicit movement of funds which are allegedly proceeds of campaign donations during the just concluded elections.

Miss Kemi went ahead to claim that Mr Obi had the sole control of funds donated by supporters during the elections and that not even Yusuf Datti, his running mate, had any idea of the movement of funds to and from the account.

This claim by Kemi became popular amongst the supporters of the APC and Tinubu as the tried to popularize the narrative by retweeting and sharing the tweet.

But responding to Miss Kemi’s claim, Aisha Yesufu debunked the claim that Obi was the sole signatory to campaign account. According to Mrs Yesufu, neither Mr Peter Obi nor Mr Datti was a signatory to the campaign account. She stated further that signatories to the campaign account were herself (Aisha Yesufu), Mr Datti’s nominee and one other person which made them three. In all, there 2 Muslims and a Christian signatories to Mr Peter Obi’s campaign account.

One cannot help but wonder where Kemi Olunloyo and other APC supporters got the report of Obi managing campaign funds alone from. Or that Mr Obi’s ordeal had anything to do with money laundering since the British Government through the Home Office, declined to state the reason Obi was detained in an official response to an official enquiry by Premium Times.

Here's why the British Intelligence are looking into Obi's activities because Obi used his presidential campaign to launder a lot of money, during the campaign only Obi was controlling the campaign funds not even Datti, his condescending deputy could touch any money .

Thank goodness the man that runs a one man show didn't make it as Nigeria's President .

https://twitter.com/KemPatriot/status/1647250938548166656?s=20

If you want to tell lies, tell the ones with long expiry date.
Peter Obi was not a signatory to the campaign account. There are 3 signatories and I am one of them. Of the other two signatories one was recommended by Datti himself.
We were 2 Muslims & one Christian😌
Next!

https://twitter.com/AishaYesufu/status/1647353268408840192?t=kdgAw2kKkk1YtLtFHnYFRA&s=19

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Nasiru Idris Wins Kebbi Governorship Election

The Independent National Electoral Commission (INEC) has declared the All Progressives Congress ( APC) candidate, Dr Nasiru Idris, winner of Kebbi State Governorship Election.

The returning officer for the governorship election in the state, Professor Sa’idu Yusuf, said the APC candidate won the election by polling 409,225 votes against his rival, Aminu Bande of the Peoples Democratic party (PDP) who polled 360,940 in the election.

The returning officer, while declaring the APC candidate winner said, “I, Sa’idu Yusuf, returning officer of Kebbi State Governorship Election hereby declared Nasiru Idris of the APC winner of the governorship election having polled a total of 409,225 and having satisfying the requirements of the law.

Recall that the governorship election first held on March 18, but was declared inconclusive by INEC over cases of violence and over-voting.

He said a total of 95,897 were registered for the supplementary election while 40,186 voters were accredited.

“The APC received 20,967 in the election while PDP received 17,960 votes.

“The total votes received by APC is 409225 while that of the PDP is 360,940. The total number of valid votes is 781478, rejected votes 19082 while total votes cast is 800560,” the returning officer said.

The returning officer added that a total of 39244 was recorded as valid votes, 878 as rejected votes and a total of 40122 was recorded as votes cast in the election.

While speaking to journalists INEC National publicity and voters education’s commissioner, Mr Festus Okoye, said the outcome of the supplementary election in Kebbi shows INEC is capable of doing what is right.

He said, “We hope to build on this and as well improve on the feat recorded in kebbi State. We are sure the people of kebbi State would be happy with the process that produced their governor elect.”

https://dailytrust.com/breaking-apc-wins-kebbi-govship-election/?fbclid=IwAR0B5p03l4piCEREsQM1MHQz0qJZeH3C7xsO2Vg215Hv0Q82HCcp8ux8Rv4

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Adamawa: DSS To Commence Investigation Over Attack On Staff

PRESS RELEASE

DSS INVESTIGATES ATTACK ON ITS STAFF IN ADAMAWA STATE

The attention of the Department of State Services (DSS) has been drawn to a trending video on the social media in which someone suspected to be its staff was allegedly manhandled by some political miscreants in Adamawa State.


This followed developments arising from the supplementary governorship election in the State.

The Service wishes to inform the public that it has commenced a full investigation into the circumstances that led to the incident.

While calling for calm, the Service also implores concerned parties in Adamawa State to remain peace loving and shun violence.

Peter Afunanya, Ph.D, fsi 
Public Relations Officer 
Department of State Services 
National Headquarters 
Abuja.
16th April, 2023

https://twitter.com/Braunoman/status/1647603943722172416?s=19

My Decision To Close Land Borders Was Appreciated By Nigerians — Buhari

President Muhammadu Buhari says he closed the country’s land borders to encourage Nigerians to produce food for their consumption. He said a...