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$140m Saga: Court Blocks Shell’s Accounts For Allegedly Diverting 16m Barrels Of Crude Oil

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A Federal High Court in Ikoyi, Lagos has granted a temporary Mareva injunction directing commercial banks to block Shell Petroleum Development Company of Nigeria Limited accounts.

The court ruled in a bid to recover the cash value of more than 16 million barrels of crude oil allegedly diverted by the oil giant from AITEO Eastern E & P Company Ltd.

Justice Oluremi Omowunmi Oguntoyinbo gave the order following an ex parte application in suit no FHC/L/CS/52/202 where AITEO Eastern E & P Company Ltd is the plaintiff/applicants and SPDC Ltd is the first defendant.

THE Royal Dutch Shell Plc, Shell Western Supply and Trading Ltd, Shell International Trading and Shipping Company Ltd, and Shell Nigeria Exploration and Production Company Ltd are second, third, fourth and fifth defendants.

The respondents in the suit were 20 banks which Shell companies operate accounts with.

AITEO’s application was filed by Messrs Kemi Pinheiro (SAN), leading Dr Mike Ozekhome (SAN), Dapo Olanipekun (SAN), and four other Senior Advocates of Nigeria.

Oguntoyinbo, in his ruling said, the banks should, “ring-fence any cash, bonds, deposits, all forms of negotiable instruments to the value of $2.7billion and pay all standing credits to the Shell companies up to the value into an interest yielding account in the name of the Chief Registrar of the court.”

He also ruled that the Chief Registrar is to “hold the funds in trust pending the hearing of the motion and determination of the motion on notice for interlocutory injunction filed before it by AITEO.”

The order followed an application by AITEO Eastern E & P against SPDC and the other defendants with the 20 lenders as respondents.

The court had restrained the defendants or their agents/privies from presenting to the banks “any mandate or instrument for the withdrawal of any money and/or funds standing to the credit of any of the accounts” of the defendants kept/maintained “at any of the named respondent banks… without first preserving/ring-fencing the sum of $1,251,305.5 or its equivalent in any other official currency, including but not limited to the naira and/or pound sterling being the value of the plaintiff’s 1,022,029 barrels of crude oil (at the rate of $79.50 per barrel as stated in the Department of Petroleum Resources (DPR) letter dated 8th day of July, 2020.”

The respondents were further barred from offering any directive or instrument to the named banks for the withdrawal or any money and/or funds standing to the credit of any of the accounts of the five defendants kept or sustained at any of the named respondent banks and/or their branches without first preserving and or ring-fencing the total sum of $2,700,583,779,75 or its equivalent in any other official currency comprising of $799,000,000.00.

The sum is “the amounts claimed to have been paid in this suit by the plaintiff to the five defendants for the acquisition of the Nembe Creek Trunk Line (NCTL) pipelines and the assets; $389,631,877.76 being the total amount claimed in this suit as having been lost by the plaintiff arising from the leakages in the NCTL and the degraded conditions of the NCTL; $578,951,901.99 being the total amount claimed in this suit as having been lost by the plaintiff arising from the crude theft/larceny in the NCTL; $933,000,000 being the total amount claimed in this suit as having being expended by the plaintiff for the repairs of the pipelines and acquisition of the equipment including well-heads, generators, and pumps as well as replacing the flow lines within the NCTL.

“That pending the hearing and determination of the motion on notice for interlocutory injunction, the named banks whether by themselves, director, managers, officers or howsoever are restrained in the interim from accepting, honouring or giving effect in any manner howsoever to any mandate, cheque or instructions presented by all the five defendants whether by themselves or through their agents or privies for the withdrawal of any sum of money and/or funds standing to the credit of all the defendants kept and or maintained at any of the named banks and or their branches without first preserving and or ring-fencing the sums as ordered in prayers 1, 2, 3 and/or 4 above.”

Oguntoyinbo ordered that the respondent banks, “to pay any sums of money standing to the credit of the defendants within 48 hours of the service of the order of this honourable court up to the sum/value of the amounts stated in prayers 1,2,3, and 4 above into an interest yielding account in the name of the Chief Registrar of this honourable court, who is to hold same in trust.

“Pending the hearing and determination of the motion on notice for an interlocutory injunction, the respondent banks are directed to sequestrate and/or ring-fence any cash, bonds, deposits, all forms of negotiable instruments or chose(s) in the action due to or standing to the credit sum/value of the amounts stated in prayer 1, 2 ,3 and/or 4 above.

“That pending the hearing and determination of the motion for an interlocutory injunction, the named banks are directed to file within 48hours of service of the order of this honourable court on them returns of the statement of account of the all the five defendants maintained with them as at the date of the order of this honourable court, such returns to be verified by affidavits”.

When the matter came up, the court was informed that the defendants had filed an application seeking to discharge the order.

The judge adjourned further proceedings till Wednesday, February 24.

 

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Group Honours DPO 

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A non- governmental organisation under the aegis of South South Media Association has presented an award to the Divisional Police Officer, Omoku ,CSP John Ladan.
The event which held recently in Omoku in Ogba/ Egbema/Ndoni Local Government Area of Rivers State, saw the attendance of top ranking officers and well wishers who gathered to celebrate an icon.
Presenting the award, the Chairman of the group, Kio Hopeson, said following the DPO’s selfless service to humanity, peace and development of the society, the group found him worthy to receive the award.
Hopeson  hinted that the award had long been overdue, as his posting to Omoku had brought about peace, social harmony and drastic reduction of crime, saying, his open door policy and ensuring that every stakeholder is carried along in the fight against crime, was a contributing factor.
He said their investigation revealed that the people were extremely pleased with the reduction of crime under his watch in the area, stressing that his effort to interface with everyone has boosted the cooperation between the police and the residents.
On his part, the recipient, CSP John Ladan thanked the group for the honour done him.
The DPO expressed his gratitude to God and the Commissioner of Police for the support given him to serve.
He urged the people to see the police as friends as their job is protection of lives and property.

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Rivers Begins Screening Of National Health Fellows

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As part of efforts towards enrolment into the National Health Fellows programm of the Federal Government, the Rivers State Government in partnership with the World Health Organisation, (WHO) and other development partners has started the process of interviews for the selection of   health professionals to be enrolled into the  programme.
The National Health Fellows Programme is an interventionist  initiative by the Federal and State Governments following the declaration of a state-of-emergency on the health sector by President Bola Ahmed Tinubu in 2023.
The initiative is aimed at reducing the physical and financial burdens on health-seeking Nigerians.
Briefing newsmen in Port Harcourt, the Acting Director, Research and Planning, Rivers State Ministry of Health, Dr Juliane Nwoke, who spoke on behalf of the State Commissioner for Health, Dr Adaeze Oreh  said the programme is expected to enrol 774 persons representing each of the local government areas in the country.
In Rivers State, she said 23 persons are expected to emerge from the 69 shortlisted candidates, adding that already, nine persons have been interviewed, adding that the successful candidates would be engaged by the Federal Government for a period of one year to support the provision of healthcare services especially public health at both local, state and national levels.
She explained that core areas of competencies  of shortlisted candidates includes public health, proficiency in Information and Communication Technology and data management.
“We have interviewed already, about nine candidates and by the end of today, we’ll be interviewing about 29 candidates.
“The interviews will end officially today for Rivers State because we are expected to interview 69 candidates.
“Specific competencies were considered in the selection process with interest on competencies in public health, ICT and data management, so we received the shortlist of candidates which we expect are based on these competencies.
“As you may know, there is a global and local shortage of manpower, so the 23 who qualifies in this round will add to the skilled manpower that is needed to drive healthcare delivery.
“As per impact, this fellows would be engaged directly by the Federal Government for a period of one year to support healthcare delivery and population health management at the local government, state and perhaps national levels, working directly from their LGAs,” she stated.
Dr. Nwoke assured shortlisted candidates of fairness in the screening process, maintaining that only the best will emerge at the end of the exercise.

John Bibor

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NCSU Rejects Supreme Court Judgments …Says Nigeria Drifting To Banana Republic 

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The Nigeria Civil Service Union(NCSU) has described as unacceptable, callous, wicked and cruel the judgments and pronouncements of the Supreme Court last Friday, concerning Rivers State political crisis, saying they are nothing to write home about.
This is even as the union has said Nigeria is fast drifting to a Banana Republic, where the rule of law is not upheld but thrown overboard.
The union equally took to the cleaners the Justices, who gave the judgments and pronouncements, for allegedly mortgaging their consciences, and urged Rivers State Governor, Sir Siminalayi Fubara not to obey the judgments until such a time that the case bordering on the defection of the 27 pro-Wike lawmakers, pending at the Court of Appeal is dispensed with.
The Rivers State Chairman of NCSU, Comrade Chukwuka Richman Osumah, who canvassed this position in an interview in Port Harcourt, particularly described the judgment ordering the Central Bank of Nigeria(CBN) and the Accountant General of the Federation not to release the Federal Allocations of Rivers State as not only callous and wicked but cruel and self-serving.
He said civil servants in the State in particular reject the judgements and pronouncements of the apex court in their totality, and enjoined them to rise up against all plots and machinations to unseat the Governor, as a demonstration of their love, support and solidarity for him, contending that folding their arms and watching the plots to succeed, would amount to giving the enemies of the State a free rein to overrun the State.
He said the workers firmly believe that those fighting Governor Fubara, are not only fighting him but the people of the State, and enjoined them to rally round the Governor, who he noted has put smiles on their faces within the short period he has been in office.
Osumah noted that the Supreme Court judgments and pronouncements are an attempt by enemies of the State to pull the hands of the clock backwards, considering the monumental achievements of the Fubara administration so far.
He said it is unfortunate that the Justices who handed down the judgments and pronouncements, have through their actions and inaction, desecrated the sacred temple of justice, and by so doing making the judiciary a laughing stock in the eyes of the world, instead of elevating it in such a way that it becomes the much-acclaimed last hope of the masses and the common people in the country.
He decried a situation where the country’s judiciary has rather degenerated to a level where the highest bidders have held it hostage, at the expense of the ordinary people, saying it is a strong indication that the country is fast drifting to a Banana Republic, where the rule of law is bastardised and thrown overboard.
According to him, the judgements and pronouncements portend grave danger for the State and the people, as they are a recipe for chaos, confusion and unabated crises.
Osumah further lamented a situation where the case bordering on the defection of the Martin Amaewhule-led lawmakers is relegated to the background while other contending issues are given undue preference and preeminence, saying the defection case is rather the kernel and pivot on which every other matters concerning the political crisis in the State gravitate.
The labour leader, therefore, stressed the need for the execution of the Supreme Court judgments and pronouncements to wait, pending the final determination of the defection suit, describing as hasty and preposterous the issuance of a 48-hour ultimatum to Governor Fubara by the 27 pro-Wike lawmakers, to present before them the 2025 Budget of the State.
Osumah equally reminded civil servants in the State that the time has come for them to boldly rise up and defend one of their own, and never allow the shenanigans of the old order to overwhelm and subject them once more to the throes and pangs of penury, poverty and needless suffering and hardship.
He recalled with glee that Governor Fubara has wiped away their tears, by not only providing a conducive environment for them to operate but also making sure that their welfare needs are given top priority, thereby restoring and providing all that the enemies of the State had denied them in the past.
While reiterating that the entire workforce in the State vehemently reject the judgments and pronouncements of the Supreme Court, Osumah said the apex court has through such judgements and pronouncements, declared war against the State and her people.

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