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US Exposes Nigerians, Police In Shaddy Deals

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A Fresh allegation of financial sleaze, reminiscent of the Halliburton saga, has again turned world’s attention to Nigerian top officials and the Police.

The festering corruption in Nigerian government’s circles caught the attention of the world on Tuesday as the United States (U.S.) government accused top Nigerian officials in Aso Rock, Nigerian Police Force, Ministry of Industry, a former Nigerian diplomat in Brazil , among others, in a multi-million dollar scandal involving a U.S.-owned business, Daimler, the makers of Mercedes Benz cars.

Halliburton, also a U.S. company recently faced a probe for allegedly bribing top Nigerian officials with $180 million in order to get contracts in Nigeria .Perhaps in its unwillingness to contest U.S. government corruption charges against it, Daimler, according to reports, is now planning a plea bargain with American prosecutors where the company will pay fines of about $185 million to settle the case which was filed on Tuesday at a Washington DC U.S. District Court.

Court papers showed that the U.S. company making German cars and trucks Ð Daimler AG Ð has been engaging in these acts of corruption in 16 countries of the world, spanning about a decade, from 1998 to 2008, violating U.S. bribery laws by showering foreign officials, including in Nigeria, with millions of dollars and gifts of luxury cars to win business deals.

For instance in Nigeria , the court papers show that Daimler made “improper payments to Nigerian governent officials in order to secure business. These payments were authorised at the highest levels of management, and were either improperly recorded in Daimler’s books and records or were not recorded at all.”

Many of the Nigerian deals by Daimler were through the Anambra Motor Manufacturing Company (ANAMMCO), a joint venture between Daimler and the Nigerian government, according to the court papers.

The papers reveal that in Nigeria , Daimler maintained a file labelled “grellberschreitend e Bestechnungen, “ which translates as “cross-border briberies.”

“That file contained a memorandum dated January 21, 1999, from the then head of finance…which stated that Daimler charged the State House approximately 21 per cent over the wholesale price for the vehicles, parts, and services,” according to U.S. court filings.

The court filings showed that in exchange for sales at the Nigerian presidency, referred to as State House in the paper “in 1998, Daimler entered into a contract to sell vehicles to the Nigerian State House, which was also known as the Nigerian Presidential Complex, and was the office and residence of the Nigerian President (the “State House Contract”).

Specifically, on October 5, 1998, the ANAMMCO executive, on behalf of Daimler, agreed to sell 23 new Mercedes Benz passenger vehicles to the State House for DM15,882,302. Additionally, a used MB 600 Pullman limousine was armoured and sold to the Nigerian State House for $365,000. The State House contract was signed by a State House official on behalf of the Nigerian government, and by the ANAMMCO executive. These vehicles were intended for use by high-level members of the Executive branch of the Nigerian government.

Again, the filings stated that “the State House paid Daimler $359,985 for the MB Pullman on December 4, 1998, and DM15,882,317 for the cars on December 14, 1998. In connection with these sales to the State House, Daimler made £1,427,242.65 in improper commission payments funded from TPAs-ie Third Party Account, associated with ANAMMCO, with the understanding that these funds would be passed on, in whole or in part, to Nigerian officials to secure the State House Contract.”

Equally, the U.S. court papers stated that payments were made to “then High-Level Executive Branch Official of Nigeria.”

For example in May 1999, at the request of the ANAMMCO executive, Daimler wired DM800,000 from its accounts in Germany to a numbered Swiss bank account. The payment request, according to the court papers, came from the ANAMMCO executive and the “referenced initials … matched those of a then high-level executive branch official of Nigeria … and the funds were debited from an ANAMMCO TPA upon the approval.”

Again in November 1999, Daimler approved payment of DM200,000 to the London bank account of the un-named “Executive Branch official”.

According to the court filings, “this payment was requested by the ANAMMCO executive, approved by the highest level managers and finance personnel …and debited from an ANAMMCO TPA. The payment instructions from the ANAMMCO executive contain the initials “SH” which ANAMMCO employees used as shorthand for the “State House” deal, and related notes by the ANAMMCO executive also referenced initials that matched those of the Executive Branch official.”

Similarly in November 1999, Daimler approved a payment of DM50,000 to the “chief buyer for State House who signed the State House Contract. The payment was requested by the ANAMMCO executive, approved by senior management and finance personnel, and debited to an ANAMMCO TPA. The payment instructions made reference to “SH.”

There were also alleged cash payments made to different government officials in Aso Rock.

According to U.S. prosecutors, “Daimler also made a variety of cash payments to the ANAMMCO executive in connection with State House transactions. For example, on June 27, 1999, the ANAMMCO executive sent a facsimile… requesting that DM400,000 in cash be disbursed to him against a debtor account used for the State House transaction. The payment instruction indicated that the ANAMMCO executive would pick up the funds when he arrived “on the occasion of the advised visit of (the Executive Branch official).”

Also on March 22, 2000, the ANAMMCO executive requested that Daimler “disburse DM50,000 in cash, which was to be used to make payments to a delegation of State House officials who were visiting a Daimler factory in Sindelfingen , Germany .”

Later that year on October 30, 2000, the ANAMMCO executive again “requested that Daimler disburse DM40,000 in cash”. In connection with this request, Daimler employees prepared a payment instruction referencing “Spare Parts State House.” The payment was debited to an ANAMMCO TPA.”

Similar payments of large bribes were also listed as paid to Nigeria Police Force (NPF) officials, including a bribe of DM150,000 paid in June 17, 2000 and another DM50,000 paid later that year in October 20 in connection with the NPF’s purchase of a Master Lift.

In May 1999, Daimler also allegedly paid DM126,000 to a Nigerian government official from the Ministry of Industry who had signed a February 12, 1999 FIFA contract on behalf of the ministry. Curiously, Daimler later had to pay another employee in that same ministry another sum of DM18,000, because as the U.S. court paper indicated, that employee had witnessed the first bribery.

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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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