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FG Loses Bid To Stop Hearing Of Abacha’s Suit To Reclaim OPL 245
The Federal High Court in Abuja, yesterday, dismissed preliminary objection the Federal Government lodged to stop hearing of a suit that the son of late military Head of State, Mohammed Abacha, filed to reclaim ownership of Oil Prospecting License (OPL) 245, which was originally awarded to Malabu Oil and Gas Limited.
The court, in a ruling by Justice Binta Nyako, held that contrary to the Federal Government’s contention, the suit was neither statute-barred nor amounted to an abuse of the judicial process.
Justice Nyako held that the court has the requisite jurisdiction to look into the case.
Aside from the Federal Government, other Defendants in the suit marked FHC/ABJ/CS/201/2017, are; the Minister of Petroleum Resources, Shell Nigeria Ultra-Deep Ltd, Shell Nigeria Exploration and Production Company Ltd, Nigeria Agip Exploration Company Ltd, and former Petroleum Minister, Dan Etete.
The OPL 245 is regarded as one of the biggest oil blocs in Africa.
It was initially awarded to Malabu Oil & Gas Ltd in 1998 by the late military head of state, General Sani Abacha, in a process, the Economic and Financial Crimes Commission (EFCC), alleged was against all known government regulations.
The EFCC said its investigations revealed that Malabu Oil & Gas Ltd secured OPL 245 through a fraudulent scheme involving high scale bribery and corruption by top management of the company and some government officials.
Processes the anti-graft agency filed in court further revealed that the oil bloc was later withdrawn from Malabu Oil & Gas Ltd on July 2, 2001, based on the directive of the Presidential Adviser on Petroleum to ex-President Olusegun Obasanjo, after which it was re-allocated to Shell Nigeria Ultra Deep Ltd.
However, following series of litigations, OPL 245 was returned back to Malabu, which EFCC said subsequently went into a fraudulent agreement with Shell and Agip, in which the companies paid a signature bonus of $210million to the Federal Government, while an additional $1.2billion bribe was given to some owners of Malabu Oil & Gas Ltd led by a former Minister of Petroleum under Abacha, Chief Etete, who as at then was already a convict.
The EFCC alleged that it was former Attorney-General of the Federation, Mohammed Adoke, SAN, that helped Shell and Agip to route the bribe money through the Federal Government’s Escrow Account with JP Morgan Chase Bank in London.
However, Adoke had since denied the allegation, insisting that he was innocent. Meanwhile, in the suit he filed in the name of Malabu Oil, Abacha’s son, Mohammed, claimed to be the majority shareholder in the oil firm.
The plaintiff told the court that the oil firm was not part of the purported allocation of OPL 245 to Shell and Agip and for which they allegedly paid $1.3billion to Etete.
He told the court that actual shareholders of the firm were excluded from the process.
The Plaintiff added that the oil company was also not part of the Bloc 245 Resolution Agreement of April 29, 2011, entered between the Federal Government, Shell, Agip, and Etete, purporting to represent Malabu Oil, adding that it “did not relinquish any or all of its rights and interests in OPL 245 to any person or persons.”
He added that the purported allocation of OPL 245 to Shell and Agip in 2011 was in violation of Malabu oil’s rights as the holder of the “OPL 245 to exclusively explore and prospect for petroleum within the area of its licence, pursuant to Paragraph 5 of the First Schedule to the Petroleum Act, and is therefore null and of no effect.”
Plaintiff is praying the court to among other things, issue an order of perpetual injunction restraining the defendants from carrying out any exploration or prospecting activities in connection with or in relation to the area covered by OPL 245.
It wants the court to make an order compelling the Defendants to restore to it, its right to the exclusive possession of OPL 245.
The Plaintiff also wants a declaration that not being a party to the Bloc 245 Resolution Agreement dated April 29, 2011, any payment purportedly made by the Defendants into any bank account purporting to be the Plaintiff’s bank account and or made to the 7th defendant (Etete) purportedly in the name of the Plaintiff, was not a payment made in pursuance of the said bloc 245 resolution agreement.
The Plaintiff is further seeking a declaration that the allocation of OPL 245 by the 1st and 2nd Defendants (FG and Petroleum Minister) to the 4th and 5th defendants (Shell and Agip), via a letter by the Petroleum Minister, on May 11, 2011, titled “Re: OPL 245 Resolution Agreement/Letter of Award”, while the Plaintiff’s rights and the interests to OPL 245 were subsisting, is in violation of the Plaintiff’s exclusive right under Paragraph 5 of the First Schedule to the Petroleum Act, to explore and prospect for petroleum within the area covered by OPL 245, and is therefore, invalid, wrongful, null and void and of no effect whatsoever.
Meanwhile, Justice Nyako adjourned the suit till March 9, 2021, for hearing.
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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
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Judiciary, Media Key Pillars Of Democracy, Says CJN
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
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Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.