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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Processes the anti-graft agency filed in court further revealed that the oil bloc was later withdrawn from Malabu Oil & Gas Ltd on July 2, 2001, based on the directive of the Presidential Adviser on Petroleum to ex-President Olusegun Obasanjo, after which it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.
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.