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Audit Query: Reps Reject Submission From Kyari …Threaten Warrant Arrest On NNPC Subsidiaries

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The House of Representatives, yesterday, told the NNPC Limited in clear terms that it must produce before it, the leadership of its 17 subsidiaries indicted by a report of the Auditor-General for the Federation over financial infractions between 2014 and 2019.
Speaking at the resumed investigative hearing on the report of the Auditor General, Chairman of the House Committee on Public Account, Hon Oluwole Oke said the action of the NNPC in shielding its subsidiaries amounted to hiding something from Nigerians.
But the Group Managing Director of the NNPC, Mele Kyari told the committee that the company was not hiding anything from Nigerians, while also dismissing earlier media reports that about 107million barrels of crude oil could not be accounted for, in 2018.
Oke said the House was shying away from invoking the provisions of the constitution to issue a warrant of arrest on the leadership of the subsidiaries who have refused to appear before the parliament to answer questions arising from the AuGF report.
Reacting to the statement by the GMD that he would take responsibility for the actions of the subsidiaries, Oke said “With due respect, the parliament differs with you because we are guided by the Constitution of the Federal Republic of Nigeria, Legislative Houses Privileges Act and our rules.
“Yes, you have submitted a consolidated account. But the Auditor General, who submitted his report to us, conducted an audit pursuant to Section 85 of the Constitution and audited the account of these subsidiaries, published the report and submitted same to the parliament.
“The report specifically mentioned these subsidiaries and having done so, the parliament is duty-bound to take the queries and observations as contained in the report. Aside from this, parliament can also, pursuant to the provisions of the Constitution, invite anybody to give evidence before this parliament.
“If a particular agency under your leadership is mentioned, we cannot shave their head in their absence. They have to be here. Yes, you have rendered your account which is before us. But these subsidiaries must appear before this parliament to answer the queries raised by the Auditor-General for the Federation. They have to answer their father’s name.
“With due respect, the NNPC is not in a position to dictate to parliament how it conducts its business. We have to change the impression of Nigerians about NNPC. We have listened to the comments of some governors about NNPC and we must change the narration by telling Nigerians that NNPC operates transparently.
“Except and except you have something to hide, then you can continue to shield these subsidiaries. But they must appear before Nigerians and tell them about the funds in their kitty. They have to come here and answer the queries about the abnormalities the Auditor general observed in their operations. This is our position.
“We don’t want to go through the process of invoking the necessary laws by issuing a warrant of arrest. We believe that we can jaw jaw; that we can discuss because we are all serving Nigerians.
“These companies are your subsidiaries and if we are to go by your assertion that they are registered on their own under CAMA, then it further attests to the fact that they have to appear here by themselves. That is not even the issue, but the Auditor General for the Federation specifically listed the names of these companies. That is our position. So, take a date when you are bringing them.
“Your purpose of coming today is to produce these subsidiaries because you wrote that these agencies are under you. That was why we asked you to bring the leadership of these subsidiaries. That is what we expected today.
“If they are here, they should introduce themselves and the Auditor General will be invited to read out the queries for them to answer because the queries were hot directed to you in person. They were directed to these subsidiaries. We object to your position. They must appear here because this is their parliament. If they are not here, so be it. That is why we said you should give us a date to bring them”.
In his contribution, Hon Chinyere Igwe (PDP, Rivers) said by the admittance of the GMD, he cannot legally stand-in for the subsidiaries since he admitted that they were registered under the Companies and Allied Matters Act and operating as individual companies.
He said “by the clarification of the GMD’s statement that these companies are fully registered, it means that they are entities of their own by the provision of the CAC act. As a result of that, the GMD is not totally liable. I, therefore, ask that the GMD allow them to stand on their own because he cannot speak for them.
“Any society that does not have laws, there will be anarchy and lawlessness, with the big killing the small just like we have right Russia killing Ukraine. Based on that, the constitution is the ground norm on which all Nigerians are relating. That is what gave rise to NNPC, parliament, Auditor General.
“By implication, the parliament did not make the Auditor General’s report. But these companies owned by Nigerians have refused to do what they are supposed to do. We have not asked you to come and tell us how many barrels of crude was lifted or how many of that was stolen or who has stolen them.
“There are silent questions raised by the Auditor General which they must tell us. We are not doing anything out of the ordinary, but just being guided by the ground norms in line with the constitution.”
In his remarks, the Group Managing Director of NNPC Limited, Mele Kyari said, “First, let me clarify an issue. NNPC has nothing to hide. We have nothing to hide from Nigerians. In view of that, we have published the same audited account that you have for Nigerians to see, read and comment on.
“Those accounts are a complete reflection of all our transactions, including our subsidiary companies. So, we are hiding nothing from Nigerians.
“I agree with you that we can be more transparent. Can we do something different from this? Absolutely yes. Are we doing enough? Yes, we are doing more than enough. No national oil company in this world publishes its audited statement of account. There is no company that publishes its monthly report as we do.
“Therefore, I expect that you should congratulate us that we are doing more than expectations in terms of transparency and accountability. We owe this to Nigerians because it is their company and we sincerely believe that this companies art owned by the over 200million Nigerians, we are accountable to them and we must be transparent by every means possible.
“But as we do this, we must also recognise that we are running a business on their behalf of this business has rules and responsibilities and part of it is to have a report of this nature which the Auditor General endorses by law for them to deliver on”.
On the ruling of the committee, the GMD said, “It is still very fair because I know that this is a very fair parliament. You are representatives of the people and so, have a responsibility to protect the people. You also have a responsibility to allow us to speak”.
Reacting to the reported missing of 107million barrels of crude oil, Kyari said, “I believe that this parliament represents all Nigerians collectively. We can have individual differences, but we all represent the interest of Nigerians. The image of Nigeria is very important.
“Two weeks ago, it was in all the media that 107million barrels of crude were stolen or diverted. You will not appreciate the evil of the bad image this has created for our country.
“Our lending partners have called me that this is a wrong approach and that they will not lend to us without clarifying issues. Auditor General is here and we are in the same country. We are all serving this country. You can’t declare something like that without it having an effect and if we don’t respond to this, it will be obvious that it is what is happening in our country.
“Nobody has stolen 107million barrels of crude oil. If for any reason, it was not well captured by the Auditor General, it is a different issue. So, this company is hiding nothing from none and we will appear before you as directed next week. But have it at the back of your mind that we have nothing to hide.”

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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading

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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

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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

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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.

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