News
$418m Paris Club Debt: Again, Court Stops FG From Deducting States’ Funds
A Federal High Court in Abuja, yesterday, refused to vacate its order restraining the Federal Government from deducting monies accruing to the 36 states from Federation Account to settle $418 million judgement debt in relation to Paris Club Refund.
Justice Inyang Ekwo, who declined to grant the plea by counsel to the defendants in the suit, adjourned the matter until December 13.
Ekwo held that since the order was made based on the plaintiffs’ motion on notice filed before the court, all pending applications would be taken on the next adjourned date.
The judge had, on November 5, made the order after counsel to the 36 state governments (plaintiffs), Jibrin Okutekpa, SAN, moved an ex-parte motion, seeking for an order of interim injunction, restraining the Federal Government from deducting any money accruing or due to all or any of the 36 states of the federation.
The court had also ruled that the restraining order would subsist pending the determination of the substantive suit.
While the 36 states Attorneys-General are the plaintiffs, some of the defendants listed in the suit include the Attorney-General of the Federation (AGF), Accountant General of the Federation and Ministry of Finance.
Others are Central Bank of Nigeria, Debt Management Office, Federation Account Allocation Committee, Incorporated Trustees of Association of Local Government of Nigeria (ALGON), among others.
According to the motion dated and filed October 27, 43 defendants are sued in the matter.
At the resumed hearing, counsel to the plaintiffs, Okutekpa told the court that the matter was slated for hear.
He said he had two motions which he intended to move.
He told the court that though most of the defendants had responded by serving on them various applications, the 9th defendant (Dr Chris Asoluka, who does business under the name and style of NIPAL Consulting Network) had refused to receive their court processes.
“We have a motion ex-parte to serve the 9 defendant an originating process. The process dated December 6 was filed on December 6 and it is praying for an order of substituted service on the 9th defendant,” he said.
The judge then granted prayer one of the motion and ordered that the service be made on the 9th defendant within three days through pasting of the notice on his address.
The senior lawyer told the court that the second motion was an application praying the court for an extension of time to file and serve their counter affidavit and all other processes in response to the defendants’ applications.
Ekwo also granted prayer one of the motion and granted prayer two in part subject to the service of the motion on the two counsels who appeared for 15th, 16th, 10th and 11th defendants.
The two counsels had opposed the motion on the ground that they had not been served with the copy.
Okutekpa then asked for a date for hearing.
However, Oyin Koleoso, who appeared for the 1st, 2nd, 4th and 6th defendants (President of Nigeria, AGF, Ministry of Finance Incorporated and Debt Management Office), informed the court that a motion asking the court to vacate the earlier order made had been filed.
Wole Olanipekun, SAN, who appeared for the 14th defendant (Dr Ted Iseghohi-Edwards), also urged the court to set aside the order.
He argued that he made the plea based on the Supreme Court and Appeal Court decisions under which the judge took the application.
Olusola Oke, SAN, who is lawyer to 12th and 13th defendants (Riok Nigeria Ltd and Prince Nicholas Ukachukwu), also supported Olanipekun’s submission.
Oke, who told the court that his clients were affected by the order, urged the court to take their application seeking for the order to be vacated.
Orji Orizu, who appeared for himself in the suit as 18th defendant, backed Oke’s statement.
He argued that since an ex-parte motion lasts within 14 days, the lawyer prayed the court to discharge the order.
“That is what we are here for. A motion ex-parte is something done without the presence of the other parties and it Is the first thing the court ought to do before adjournment,” he added.
Idumodin Ogumu, who represented 15th and 16th defendants (Panic Alert Security Services Systems Ltd and Dr George Uboh), said he aligned himself with submissions of other counsel.
He argued that based on the rule of the court, the order granted by the court was deemed to have elapsed and no longer had effect.
However, counsel to the plaintiffs, Okutekpa, disagreed with the defence submission.
He referred the court to the order which its made.
The senior lawyer argued that it was an order of interim injunction restraining the Federal Government, acting through its agencies also joined in the suit, from deducting the plaintiffs’ monies pending the determination of the motion on notice.
He said the order was also made in compliance with the rule of the court.
“Your Lordship was aware of the rule when you were making the order.
“What I am saying now is that all we are doing now is a nullity because I am yet to serve the 9th defendant.
“This is not an application that your lordship should hurriedly take. Let other defendants be here so that it will not be taken piecemeal,” he enjoined.
After taking all the arguments, Ekwo noted that the restraining order was made subject to the motion on notice filed by the plaintiffs.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.