Ibori Looted And Recovered Funds Belongs To Delta State; Grassroot Development And Peace Initiative Tells FG

 

The Grassroot Development and Peace Initiative has called on the Federal Government to return Ibori and recovered funds to Delta State.

In a press release on Monday jointly signed by the Coalition National Coordinator, Comrade Kalu Victor and National Secretary, Dr. Nwokolo Peter, they said that the Federal Government should immediately set the necessary machinery in motion, with a view to constituting a committee of Federal and Delta State Government officials to discuss ways and means of giving back the looted funds to the Government and people of Delta State, once the funds are returned to the country. 

Excerpt is the full text of the press release:

The Grassroot Development and Peace Initiative, is a Corporate Affairs Commission registered and certified coalition of reputable independent civil society groups and progressive men and women from across the country, with a shared vision & mandate to help protect citizens Rights, advance the course of democracy & good governance while articulating positions, that can help foster unity amongst Nigerians, from across the political spectrum.

As you are well aware, there's an ongoing controversy, surrounding the return of £4.2m said to have been laundered by a former Governor of Delta State & which is now a subject of debate, over who gets the money between the Federal Govt & Delta State, who are indeed, the victim, from where the said funds were laundered in the first place. 

The coalition decided to lend its voice over the matter, because it is our considered view, that justice and equity are the bedrock upon which society and nations thrive and prosper and that democracy can only survive, where rule of law and order prevails.

Chief James Ibori was the Governor of Delta State between 1999 to 2007, during which the said funds developed wings & flew to Britain, surreptitiously, aided  & abated by some British banks & other individuals

After years of painstaking investigation & litigations, during which the former Governor had served time in a British jail, it is only natural that having exhausted all legal measures & agreement reached between the Federal Govt & its British counterparts, the question of who gets the fund should no longer be a subject of controversy, since it has been established, that the funds in question was diverted by an elected Governor of a State & that the funds were proceeds of the Delta State Government.

The ongoing debate on the constitutionality of where the returned funds should go, speaks to the root of our lopsided democratic practices which in most cases, is observed in breach of all its tenets and principles.

If indeed, Nigeria practices a constitutional Federal democracy, where all its federating States are autonomous, perhaps, the issue at hand, would have been resolved without the undue rancour it is presently generating. 

The Attorney General of the Federation, Alh. Abubakar Mallami signing a Memorandum of Understanding with the British Government in a matter that concerns Delta State, without a representative of the Delta State Govt especially the Attorney General of Delta State in this context, is absolutely wrong as it shows a lack of regard & respect by the  Federal Govt towards the people of Delta State.

The explanation given by the Hon Attorney General & Minister of Justice, Alhaji Abubakar Malami, flies in the face of several legal positions articulated by other senior lawyers from across the length & breath of the country. If the Government & people of Delta State, whose funds were diverted for personal use in far away Britain by one of its elected executive Governor & who has since been tried & sentenced to a jail term & has served out his time, why then would the proceeds of the long drawn litigations not be returned to the same source from where it was taken in the first instance? 

If a man stole my money & takes it to a distant land, where a friend or brother uncovers the loot & indeed, takes every legal measure to recover the stolen money, does he then turn around to lay claim to the recovered funds & even goes ahead to dictate how he disburses the fund, even without my consent and excluding me entirely in his planed disbursement of the money? 

As elementary as this position may appear, it illustrates the moral burden that the Federal Government bears on the Ibori loot.

As Civil Society groups, we therefore make the following demand as our position:

1. His Excellency,  Chief James Ibori was a Governor in Delta State and worked for the people of the State in particular, therefore, any money looted during his time and recovered should be returned to Delta State as the company where he worked and not the Federal government who never employed him and he never worked for.

2. The former President,  Sani Abacha, worked for the Federal government as Head of State and all his recovered loots has always gone back to the Federal government coffers without any State Government or individual questioning it. Therefore, it is also morally, logically and legally right for Ibori's recovered loot to go back to Delta State where he worked as a governor during which time, the said money was looted.

3. The Federal Government should immediately set the necessary machinery in motion, with a view to constituting a committee of Federal & Delta State Government officials to discuss ways & means of giving back the looted funds to the Government & people of Delta State, once the funds are returned to the country. 

4. That if there are legal costs that may have accrued in the course of pursuing the return of the funds as claimed by the Attorney General of the Federation, deductions should be made from the substantive amount, after thorough scrutiny, to ensure that the process was transparent & foolproof.

5. The Attorney General of the Federation, Alh. Abubakar Mallami should wisely advise the Federal Govt, to tow the path of peace in resolving the issue while giving due respect and value to the people of Delta State, without pushing them to undue confrontation or litigation against the Federal Government.

6. The decision of the Federal Government to divert Delta State funds to Federal Government Projects, that has no direct bearing to the lives of the people of the State is totally condemnable and unacceptable, as it is not only a violation of their rights but also a total disregard/non recognition of its it's people as a vital component of the Nigerian Federation, which will likely lead to mistrust against the Federal government.

President Muhmmadu Buhari as the father of all and for all, should as a matter of national importance, do the needful and call the Attorney General of the Federation to order.

• The Attorney General of Delta State, should as a matter of peace building and amicable resolution of the issues, visit the Attorney General of the Federation and discuss possible ways of mutual accommodation and understanding in settling the matter without recourse to public spat, as we also request that the Attorney General of the Federation should see this crucial visit as an honour to his person, his office and the federal government of Nigeria by Delta state government for peace building and conflict resolution mechanism in this critical matter.

We as a community development driven coalition of civil society groups, also committed to ensuring that a beautiful brand of democracy that respects the rule of law  and the Constitutional rights of citizens becomes a national ethos. We are therefore, watching the situation closely to ensure Federal Government's compliance to our demands for mutual peace and national accommodation.

Recommendation:

1. A legal framework must now be put in place to ensure that, going forward, such unnecessary controversy do not rear its head next time, when faced with the same circumstances. 

2. Both Federal & State Governments now & in the future, must have an oversight committee to ensure, that returned funds are not relooted & that the returned loot is prudently & judiciously utilized for the benefit of the entire citizenry especially the State concerned.

3. Machineries must be put in place, to discourage & make it impossible for Government officials at all levels, to deep their filthy hands into our common patrimony & siphon same overseas.

Corruption must be tamed in all its ramifications & only well constituted & strong institutions can deliver a death knell to this ugly monster, that has continued to rear its ugly head in our body polity. 

The fight against corruption must be the  collective responsibility of both Government & the citizenry.

This is the only way, that Nigeria can take its rightful place within the comity of nations. 

A stitch in time, they say, saves nine.

Nine Reasons Why Refineries’ Rehabilitation Is Justified

 

By Adewole Kehinde

It is no longer news that the Federal Executive Council on Wednesday, 17^th March, 2021 approved the sum of $1.5 billion for the rehabilitation of the Port Harcourt Refinery Company Ltd.

Unfortunately, some personalities like Former Vice President Atiku Abubakar, Gov Nyesom Wike, Activist Aisha Yesufu, Senator Dino Melaye, and Former Gov Peter Obi among others are opposing the rehabilitation/contract award. 

Below are the nine reasons why refineries’ rehabilitation is justified

1. AFTER YEARS OF NEGLECT, THE PLANTS NEED TO BE BACK

Nigeria’s three refineries in Warri, Kaduna and Port Harcourt with a combined capacity of 445,000b/d capacity were established to ensure energy security for the country. Unfortunately, these refineries have suffered years of neglect due to delays in conducting mandatory Turn Around Maintenance (TAM) that has resulted in performance decline over the past two decades and they have all been shut down to allow proper diagnosis and rehabilitation.

Of these refineries, the most strategic is the Port-Harcourt Refining Company (PHRC) with a capacity of 210,000 b/d and can produce 10.4 million liters of Premium Motor Spirit (PMS) per day. This refinery had its last TAM in the year 2000 (21 years ago).

It is gladdening therefore to see that there is finally a move on the part of government to rehabilitate the Port Harcourt refinery and restore all the numerous advantages that operating the refinery will bring to the Country. This rehabilitation, unlike TAM (which should normally be carried out every two years but was neglected for many years), will involve comprehensive repairs of the plant with significant replacement of critical equipment to ensure the plant integrity is maintained for a minimum of ten years.

2.  REHABILITATION VS BUILDING NEW REFINERIES: WHAT ECONOMICS?

Some critics have said that it is more economical to build a new refinery than “just waste US$1.5bn” to rehabilitate the PHRC, which holds 210,000bpd out of Nigeria’s 445,000bpd refining capacity. On the contrary, a cursory look at brand new refineries built across the world will reveal the following:

US$10bn was budgeted for building Aramco Oil Refinery (250,000-300,000 bpd) in Pakistan

US$12bn was budgeted for building Abrue Lima Project (230,000) in Brazil

US$27bn was budgeted for building Pengerang Refinery and Petrochemical Integrated Development, RAPID (300,000 b/d + 3 mtpa) naptha steam cracker) in Indonesia.

Closer home, US$19bn was budgeted for building Dangote Refinery (650,000bpd) in Nigeria.

3.  THE LENDER IS SMART, THE CONTRACTOR REPUTABLE

African Export-Import Bank (Afreximbank) is the reliable lender that has agreed to raise up to $1billion towards the rehabilitation project. In the same vein, Government will raise the sum of US$550m. A credible and capable lender like Afreximbank would never agree to put such huge amount of money where there will be no value.

Similarly, Tecnimont SpA, representative of the Original Refinery Builder (ORB) which is one of the top ten global Engineering, Procurement, Construction, Installation and Commissioning (EPCIC) Contractor in refineries, is globally reputable and capable, with requisite experience of similar jobs across the globe.

4.  STRATEGIC ASSETS ARE NEVER FOR SALE

Despite the abundance of hydrocarbon resources, Nigeria is, sadly, the only oil gas producer in the world that does not refine petroleum products. Instead, the country relies heavily on importation for most of its PMS needs locally. This is not a good record to be proud of.

Armchair critics also come up with a shallow argument that it is better to sell off these refineries since they can no longer meet up the nation’s refining needs. Which country sells off its strategic national assets, such as the refineries, to the highest bidder? Who sells off their refinery when even countries who don’t produce a drop of hydrocarbon still go ahead and build refineries?

5.  THE END OF ‘BUSINESS AS USUAL’

Armchair critics usually think a mere mention of rehabilitation means another round of “business as usual”, where resources are drained with nothing to show for it at the end of the day. While some of these arguments are justifiable, it is instructive to note that this rehabilitation is different because interested parties who benefit from the age-long importation largesse (and who fleece the nation dry) will potentially be out of business by the time the rehabilitation is completed.

This is the same for critics who see nothing good in President Muhammadu Buhari’s administration. These detractors probably forgot that this was an administration which, from its inception, made clear its intention to bring back the refineries to their optimal capacities. The Buhari Presidency also threw its full weight and support behind the NNPC and gave the Corporation a free hand to execute the project without any interference in the contracting processes.

6. THE BENEFITS ARE ENORMOUS…AND ENDLESS

There are quite a number of benefits in bringing the nation’s refineries back on stream. From satisfying local energy demand, growing the nation’s GDP, to strengthening the Naira by reducing the demand for Forex to creating thousands of jobs across the value chain (crude supply, operating and maintaining the refinery, product supply etc) including several third-party contractors that will supply outsourced services or goods, the advantages are huge.

The refined products also serve as feedstock for small scale local manufacturing. The most significant and visible benefit is energy security for the country. Imagine if COVID-19 lockdown became global and Nigeria couldn’t import, it would have been a disaster as there was no capacity to refine crude in-country and as such, there would have been no products at all. That will be a true definition of disaster!

7. IT’S OPERATE & MAINTAIN (O&M) MODEL.

Having learnt from the experiences of previous models, NNPC is now adopting the Operate & Maintain (O&M) Model as a strategy in the execution of the rehabilitation project, which is also one of the key lender requirements. With the O&M Strategy, the Contractor is expected to:

• Be a single point of responsibility for managing operations, maintenance and technical services within the refinery’s battery limit

• Be a credible, proven refinery operator with preferably FCC experience

• Operate and maintain the refinery efficiently to generate sufficient margins to pay back the debt

• Be Able to manage local and specialized sub-contractors

• Retain current NNPC staff, and actively support employee development to prepare for the transfer of the refinery management back to NNPC (timeline to be defined)

• NNPC will retain 100% of refinery ownership (e.g. no JV structure etc.)

• NNPC does not expect significant capital projects (e.g. upgrades, de-bottlenecking etc) during the O&M contract phase.

• NNPC’s structure and mandates outside of the refinery’s battery limits will not be impacted by the O&M strategy (e.g. PPMC).

8. THE CURIOUS CASE OF SHELL’S MARTINEZ REFINERY ‘SALE’

It is strange to hear people come up with the curious case of Shell’s sale of its Martinez Refinery in California to PBF Holding for $1.2bn “while NNPC is only rehabilitating PHRC for $1.5bn.” Perhaps, what people failed to understand is that Martinez Refinery is 105years old (built in 1916). The refinery had a major fire incident in September 1989 and it is having regulatory challenge with the Californian authorities. The relatively high cost of doing business in California, coupled with challenges with adherence to the State’s environmental regulations were factors in Shell’s decision to sell (https://www.ktvu.com/news/after-105-years-martinez-refinery-no-longer-owned-by-shell).

Also, as part of the condition of the sale agreement, Shell and PBF previously entered into a market-based crude oil supply and product off-take agreements to continue supplying Shell-branded businesses and ensuring that Shell customers continue having access to Shell-branded fields (See https://www.ogj.com/refining-processing/article/14092900/shell-finalizes-sale-of-martinez-refinery).

In a nutshell therefore, what happened between Shell and PBF was just a Management agreement packaged as a sale to manage and protect Shell’s image, hence, it can never be a fair comparison with the cost of rehabilitating an NNPC refinery or even building a new one. Putting up such argument as a defence looks like a well-choreographed attempt by groups who feel that the refineries coming on stream will not only throw them out of business, but will also threaten their long-term interests.

9.  FINALLY, AN ENTIRELY DIFFERENT APPROACH THIS TIME AROUND 

Unlike what is obtained in the past, the current refineries rehabilitation project is different for the following reasons:

a. It consists of a governance structure that includes key independent external stakeholders: Ministry of Finance, NEITI, ICRC, PENGASSAN and NUPENG. 

b.        Unlike the regular TAM, this rehabilitation will involve comprehensive repairs of the plant with significant replacement of critical equipment to ensure that the plant’s integrity is maintained for a minimum of ten years.

c.         It is funded through part-loan and part-government, with the financiers actively monitoring the execution of the project.

d.        KBR and NETCO are acting as NNPC Engineers who will be supervising the EPC contract to ensure that the project is delivered on schedule, within budget and at the right quality.

 

Adewole Kehinde is the publisher of Swift Reporters and can be reached via 08166240846, 08123608662

Coalition Asks Kwankwaso, El-Rufai, Tambuwal, Fayemi, Tinubu, Osibanjo, Amaechi, Jonathan And Others To Keep Away From 2023 Presidential Race

The Centre for Credible Leadership & Citizens Awareness has asked individuals like Rabiu Kwankwaso, Aliyu Magatakarda Wamakko, Mallam Nasir El-Rufai, Governor Aminu Tambuwal, Governor Kayode Fayemi, Ahmed Bola Tinubu, Vice President Yemi Osibanjo, Rotimi Chibuike Amaechi, Godswill Akpabio, Goodluck Ebele Jonathan and others in the interest of the cooperate existence of the Nigerian State, to keep away from the 2023 Presidential Race.

This was disclosed on Monday 15th March 2021 by the Director General, Centre for Credible Leadership & Citizens Awareness, Dr. Nwambu Gabriel. He said that in the interest of equity and fairness, its becomes imperative that the two major political parties in Nigeria; APC and PDP choose their candidates from these three geo-political zones that haven’t had the opportunity of producing the President in Nigeria.

The coalition also calls on individuals like Rabiu Kwankwaso, Aliyu Magatakarda Wamakko, Mallam Nasir El-Rufai, Governor Aminu Tambuwal, Governor Kayode Fayemi, Ahmed Bola Tinubu, Vice President Yemi Osibanjo, Rotimi Chibuike Amaechi, Godswill Akpabio, Goodluck Ebele Jonathan and others to keep away from the 2023 Presidential race in order to give an atmosphere of peaceful cohesion.

Excerpt is the full text of the statement:

There is no doubt that the peaceful coexistence of Nigeria is already threatened and fragile. Politics in Nigeria is deemed by politicians as purely a game of personal interest. In other words, the word patriotism scarcely exists in the minds of our elites. This explains why the socio-economic and political situation in the country has consistently nose-dived.

Now, Nigeria is made up of six (6) Geo Political Zones. These are the North East, North West, North Central, South East, South South and the South West. Since the return of uninterrupted democracy in Nigeria in 1999, the South West took off with former President Olusegun Obasanjo completing the 2 term of 8 years. He handed over to the North West under late President Musa Yar’Adua who barely served for 2 years before death struck. This prompted the swear-in of the South South born Ebele Goodluck Jonathan. Thereafter in 2015, the North West took over with President Mohammadu Buhari of the North West region while Yemi Osibanjo of the South West is serving as the Vice President. In all these therefore, the North Central, the South East, and the North East has not held sway as President of this great nation. In the interest of equity and fairness, its becomes imperative that the two major political parties in Nigeria, that is, the APC and the PDP choose their candidates from these 3 geo political zones that haven’t had the opportunity of producing the President in Nigeria. This formula would stabilize the already tensed situation and enhance the peaceful coexistence of Nigerians across board.

In the interest of Federal character, individuals like Rabiu Kwankwaso, Aliyu Magatakarda Wamakko, Mallam El-Rufai, Governor Tambowal, Governor Kayode, Ahmed Bola Tinubu, Vice President Yemi Osibanjo, Chibuike Amaechi, Godswill Akpabio, Goodluck Ebele Jonathan, etc. should keep away from this race in order to give an atmosphere of peaceful cohesion.

We hereby advice that this formula remains a panacea to solving the myriads of problems associated with the uneasy calm currently experienced in the country and should rank top in the mind of any patriotic Nigerian. The Nigerian Nation is more important than any parochial or ethnic sentiment likely to plunge the Nation into jeopardy.

Cross River North Senatorial District Election: Group Slam INEC Chairman

 

……… Cautions Gov Nyesom Wike

The Network of Democratic Watchdogs of Nigeria has accused the INEC Chairman, Mahmood Yakubu in the Cross River North Senatorial District Election crisis.

This was disclosed on Monday, 15^th March, 2021 by the Network Coordinator, Comrade Chijioke Onyekaonwu, during a press briefing in Abuja.

“According to Section 285(13) of the 1999 constitution as amended. It states No tribunal or court shall declare anybody winner of an election when he has not participated in all the various stages of election. Did INEC have the name of Hon. Jarigbe on the list of candidates for the senatorial by-election on 5th December? These are pertinent questions and Nigerians demand answers, Comrade Chijioke Onyekaonwu said.

He went further, “We are not unaware of the relationship between Gov Nyesom Wike and the INEC chairman dating back to many years of close affiliation. Wike should face the task of governing Rivers state and desist from stirring trouble all over the country.

Excerpt is the full text of the press statement:

The defense of our democracy is not only sacrosanct but a responsibility for all men of good will. It is a fact of reality if I say that the survival of our nascent democracy will be highly jeopardized if the electioneering process is marred by Corruption, deceit, and bribery thereby breeding injustice and political instability. The election management is agreeably the most sensitive process in a democracy and it is expected that the umpire shouldered with such important and sensitive responsibility must have transparency and rule of law as his or her beacon. This is in order to produce a credible outcome or result.

The Cross River North senatorial district election held on December 5th 2020 will stand out as dark era in the annals of election conduction in Nigeria. The INEC involvement and actions in the said election amounts to a total decampment from the electoral process and is nothing short of standing the electoral law on its head. The PDP primaries for the December 5th election was held on November 5th according to the provisions of the electoral act. The primary election was held and all requirements according to the electoral provisions were put in place including the presence of the INEC chief observe and the local government EOs. The party electorates voted overwhelmingly to elect Senator Stephen Adi Odey as winner. The closest runner up with a high margin Hon Jarigbe Agom on sensing his loss walked away before the end of the election. His exit notwithstanding, the party concluded the primaries with Senator Stephen Adi Odeys declared winner and his name was duly submitted to INEC. Hon Jarigbe exercising his legal right challenged the outcome of the primaries in a federal high court in Calabar and on December 3th 2020 the court struck out his claims as lacking merit. The INEC was compelled by this to issue Senator Adi Odey a form EC9 which he filled swore to and returned to INEC via the party.

The senatorial election was held on the 5th December 2020 and after the election, Senator Stephen Odey came out on top with a high margin and a total vote of 129,207 to beat his closest rival Joe Agi the APC candidate who scored 19,165 votes and Subsequently, INEC issued Senator Adi Odey with a certificate of return. The intrigues and desperation of INEC and Hon Jarigbe did not end with the election as they in connivance with one chief John Alaga, a close friend of Hon Jarigbe who now filed an isolated matter in FCT High Court Abuja purportedly to challenge the qualification of Hon Jarigbe whom he mischievously referred to as the winner of the primaries in the motion, stating that his certificates are questionable and as such not qualified to run for the election. The court ignorant of the real status of Hon Jarigbe and treating the matter on its face value dismissed the certificate issue as it was not proved beyond reasonable doubt intentionally by the conspiring ally Chief Alaga. INEC in an open bias and acting in grievous error hurriedly issued another certificate of return to Hon Jarigbe without recourse to their election records. It is worthy to note that neither Senator Stephen Odey nor the PDP was joined as parties in the said suit.

This unfolding comic drama being directed by the INEC Chairman has in its characters a stranger with a strange interest, how else will one describe the sudden interest of Gov Nyesom Wike in the internal politics of Cross River North

Senatorial district? The enormous size of blunder presently going on display is an indication that an equivalent size in sum is passing as bribe under the table. It is obvious where the funding for this democratic blunder is coming from. We are not unaware of the relationship between Gov Nyesom Wike and the INEC chairman dating back to many years of close affiliation. Wike should face the task of governing Rivers state and desist from stirring trouble all over the country Just to fan his Vice Presidential ambitions. He has a right to aspire to any elective position but that will not be at the detriment of societal peace and collective interest of the country.

Questions for the INEC chairman

1. Which party submitted the name of Hon Jarigbe to INEC as its candidate for the 5th December 2020 by-election as required by the electoral act?

2. Did Hon Jarigbe fill any form EC9 as mandated by section 31 of the electoral law?

3. According to section 285(13) of the 1999 constitution as amended. It states No tribunal or court shall declare anybody winner of an election when he has not participated in all the various stages of election. Did INEC have the name of Hon

Jarigbe on the list of candidates for the senatorial by-election on 5th December? These are pertinent questions and Nigerians demand answers.

The instrument which is being peddled by Hon Jarigbe is a strange court judgment obtained in an isolated matter between him and his friend chief Alaga that has no relationship with the senatorial election won by Senator Stephen Odey or the primaries as conducted by the PDP for that election. The court order is obtained in a case between Hon Jarigbe and Chief John Alaga without PDP or the election winner Senator Stephen Odey being joined as parties. There is no judgment or order of court issued by any court anywhere in Nigeria nullifying the position and candidacy of Senator Stephen Odey. I challenge anyone to produce such order or judgement. All the judgement so far declared in this matter both at the High Court and the Court of Appeal were all in favor of Senator Stephen Odey and both judgements are subsisting. There has not been any counter judgment from any court in the contrary. No court at any level ordered INEC to issue Hon Jarigbe with a certificate of return nor did any court direct that Hon Jarigbe should be sworn in as the senator representing cross river north senatorial district. Hon Jarigbe on national television yesterday 14th march 2020 told the whole country that he has secured his swearing in for Tuesday 16th march, as according to him, he has his report sitting at the senate presidents table. His statement further indicates his desperation and connivance with some dark forces to truncate our democratic gains and values in the national assembly. Any action by INEC or anybody based on the purported judgment is tantamount to usurping the power of the judiciary and a recipe for anarchy.

This rascality and open bias by INEC in this matter can only mean one thing, that a personal interest is trying to override a public interest and we as watchdogs of democracy cannot sit by and watch democratic principles truncated by anyone no matter how highly placed. We demand that the INEC Chairman should retrace his steps in his present action of subversion of justice. We also demand that that a high level commission of enquiry be set up to measure the culpability of the INEC personnel involved in this.  This action has become a source of international embarrassment to our electoral system, and our nation at large.

We commend the resilience, transparency and commitment of the senate president Ahmed Lawan, Ph.D and the principle officers of the 9th senate for standing for justice and rule of law at this point of our democratic history. The senate president’s dismissal and refusal to implement the demands of Hon Jarigbe is an indication of strength of character and patriotism. Posterity will remember you for standing with the people in our country’s quest for democratic excellence.

Finally, we call on Senator Stephen Odey to disregard the distractions and actions of Hon Jarigbe and INEC and concentrate on his duty of giving the Cross river north senatorial district the excellent representation they deserve.

Coalition Says The Supreme Court Did Not Nullify The Certificate Of Return Of Senator Steve Odey

 

The Centre for Credible Leadership & Citizens Awareness has corrected the wrong speculations in the media space that the Supreme Court nullified the election of Senator Steve Odey.

Speaking to journalists on Monday in Abuja, the Director General of Centre for Credible Leadership & Citizens Awareness, Dr. Nwambu Gabriel, said that the Supreme Court did not rule on the substantive appeal of the matter, instead, it ruled on preliminary objection about improper service by substituted means, whereas, the same Supreme Court granted an order that the parties be served via substituted mean and all the parties were in court.

“The Supreme Court did not nullify the certificate of return of the serving senator, Dr. Odey, neither was the seat declared vacant. In other words, it is pertinent to also state clearly that the Supreme Court did not sack Dr. Odey. Of course such powers do not reside with the Supreme Court. It is the election Tribunal which can rule on such matters before it currently, Dr. Nwambu said.

The coalition said it has pondered on the entire matter and even wondered if the Judiciary is really the hope of the common man consequent to some observations in the Supreme Court on the 25th of February, 2021.

The statement read “The situation here is very clear. Section 285 (13) of the 1999 constitution as amended clearly state “that no tribunal or court shall declare any person winner of an election when he has not participated in all the stages of that election”.

"Two fellows are involved here. One contested an election, the other did not, but wants to truncate justice, lie on oath, deceive Judges and fraudulently obtain judgment in his favour. A situation where an individual run from one court in Port Harcourt to another in Calabar and then to the FCT High Court, all in a bid to fraudulently obtain Judgement. This is further worsened by the fact that all these courts have no Jurisdiction over the matter.

"We would then wish to ask if the Judiciary is for buying and selling. If the judiciary is for the money bags. If the judiciary is for the highest bidder? This further explains why President Mohammadu Buhari had made a genuine and concerted efforts towards reforming the Nigeria Judiciary as a formidable arm of government. Little wonder the Judiciary still tops the chat as one of the most corrupt government institutions in Nigeria.

"For us in the Civil Society, this kind of incidence where a man who did not contest election coming to contest the seat of a Senator who has been sworn-in is completely absurd. It is worse than book-haram, banditry and kidnapping put together.

"We also wondered the interest of the Governor of a state in the politics of another state. Why the gang-up? His offence; he contested and won an election…This trend definitely is not healthy for our democracy.

"By this medium we wish to commend the Principal Officers of the 9^th Senate ably led by the Senate President, Senator Ahmed Lawan, as a man of impeccable character who has demonstrated unrelenting support for our democracy for standing firm in the defence of justice in spite of so much pressure by some clandestine groups to indulge in injustice, thereby truncating the height already attained as true democrat he is. The legal department is hereby commended for insisting on legal and legitimate due process as far as the Senate is concerned. Nigerians are indeed watching with keen interest the desperate disposition of some politicians who should not be found in the corridors of power.

"Lastly, we wish to re- emphasize that Senator Dr. Steve Odey is still the Senator representing Cross River North Senatorial District as his seat was not declared vacant neither was his certificate of return nullified by any court of competent jurisdiction in Nigeria, Dr. Nwambu concluded.

Group Says That Land Grabbing Allegations Against Prince Ned Nwoko Is Baseless

 

The Islamic/Christian Movement for Unity, Peaceful Co-Existence and Development has said that the allegations of land grabbing by Prince Ned Nwoko to build private University which some elements who are negatively envious of his massive God given wealth are championing, based on the investigations they carried out, is not only laughable but at the same time very painful.

According to a press release jointly signed Executive of Islamic/Christian Movement for Unity, Peaceful Co-Existence and Development, they said that they have it on a good authority that Prince Ned Nwoko legally follow the due process and fully compensated those said to be the owner of the said land even when it is a general knowledge by every indigenes of Idumuje Ugboko and beyond that Prince Ned Nwoko is not only an indigene of Idumuje but; a descendant of the Royal family which has given him the power as a Prince to use any part of the land within Idumuje for development drive even without seeking for anybody approval.

Excerpt is the full text of the press release:

With regards to some unverifiable lingering issues concerning land grabbing allegations made by some constitutionally recognized citizen of Nigeria from Idumuje Ugboko in Aniocha Local Government Area of Delta State on Prince Dr. Ned Munir Nwoko, a well-known and highly valuable Nigerian, nationally and internationally labels as an icon of peace, humility, love, unity and development, whom for more than two decade has been tremendously deploying his vast knowledge, resources and connections to positively transform the economy of Nigeria both in the past administrations and especially in this current government lead by a highly respectable anti-corruption Czar; His Excellency President Muhammadu Buhari. We therefore, wish to lend our own declarations on the issue as an Independent body established mainly to preach Unity, Peaceful Co-existence and Development of every segments of Nigeria devoid of ethnicity, tribes, religious, political affiliations and parental or educational background. In this connection, we collectively speak in Unisom to call on all the opposing faction in this matter, to shield their sword and allowed the constitution of the federal Republic of Nigeria to prevails over the issues in view of the fact that the constitution of Nigeria gives power to Nigeria government as the sole owner of every land within its territory. For clarity purpose, we refer the opposing groups to the Land Use Act of the Federal Republic of Nigeria.

In this connection, we also want to open the eyes of the indigene of Ugboko in Aniocha Local Government Area of Delta State Nigeria, not to give room to their enemies to jeopardize the massive development God is already using their Son Prince Ned Munir Nwoko to bring to their terrestrial. The so call allegations of land grabbing by Prince Ned Nwoko to build private University which some elements who are negatively envious of his massive God given wealth are championing, based on the investigations we carried out, is not only laughable but at the same time very painful. Because, by the time the university is fully completed, no doubt the economy of Idumuje Ugboko in Aniocha LGA and the entire Delta State as well as Nigeria will indeed improves significantly. Therefore, we appeal to some disgruntled elements and charlatans been used by the enemies of our nation, that are using all the available resources at their disposal to cook up unverifiable allegations against Prince Ned Munir Nwoko who no doubt is been presently use by God to turn around the fortune of Nigeria through the recovery of Nigeria Billions of Naira from the Paris club, to allow peace to reign and as well wait for the final decision of the court of law. Prince Ned Nwoko to us should rather be highly celebrated instead of been humiliated and insulted on daily basis on media platform base on mere allegations of land grabbing which is still pending at the competent court of law.

For clarity purpose, we wish to point to those that enemies of Prince Ned Nwoko are using to cause enmity between Prince Ned and the Indigenes of Idumuje Ugboko, to some very important points as enshrined in Nigeria constitution of 1976 as amended regarding individual rights especially on land acquisitions.

The Gender and Land Database as promulgated in Trinadad and Tobago as captured in Chapter1, Section4, clearly states that; in the country there have existed and shall continue to exist without discrimination by reason of race, origin, color, religion or sex, the following fundamental human rights and freedoms, namely: The right to acquire lands in any part of the country of residence of an individual especially when the person is constitutionally recognized as a citizen of such country, as well as the right to life, liberty, security of lives and property etc. Meanwhile, the section14 provides that; if the individual rights of someone is violated as a pointer to issues stated in section4 above, such individual has the rights to apply for motion to the High Court to seek for redress.

Therefore, we the Islamic/Christain Movement for Peaceful Co-Existence, Unity and Development wish to call on all the opposing bodies in this lingering mere quarrel on land grabbing allegations against Prince Ned Nwoko to follow the due process which we’ve already learnt based on our findings that’s already pending in the competent court of law. We also learnt that; the unverifiable, unnecessary tussle over this hectares of land is just a ploy by some gluttonizes politicians from that axis to cause disintegrations in order for them to achieve their own satanic, selfish and greedy profits. We also have it on a good authority that Prince Ned Nwoko legally follow the due process and fully compensate those said to be the owner of the said lands even when it is a general knowledge by every indigenes of Idumuje Ugboko and beyond that Prince Ned Nwoko is not only an indigene of Idumuje but; a descendant of the royal family which has given him the power as a Prince to use any part of the land within Idumuje for development drive even without seeking for anybody approval. However, based on our findings, Prince Ned been a man of peace, decided to acquire the lands in contest, for development purposes by following a lay down processes. So, the hullabaloo cries by some hungry and disgruntled elements of Idumuje Ugboko is nothing but, a scheme by these sets of people to stop the development of Idumuje Ugboko which if not stop now, shall indeed affect them negatively in the nearest future. Furthermore, we are cutting serious warnings to those igniting this trouble to stay clear for the reason that, Nigeria is presently going through a lot in the area of insecurity of lives and properties, so for some individuals to just because of their personal hatred and negative envy for Prince Ned Nwoko to start mere campaign of calumny against his hard earned national and international image, it will not be taking likely.

We also call on the Government of the Federal Republic of Nigeria lead by a no nonsense General, in person of President Muhammadu Buhari to hold responsible all those who are going publicly to threat the highly valuable life of Prince Ned Nwoko. That; should incase anything happen to Prince Ned Nwoko, those people should be grip responsible.

Finally, we pray for Peaceful Co-Existence, Unity and Development of Nigeria devoid of ethnicity, religious background, political affiliations, and parental inclination.

Long live Christian/Islamic Movement, Long live Delta State and Long live Federal Republic of Nigeria.

Coalition Says INEC Compromised In Cross River North Senatorial By-Election

 

The Centre for Credible Leadership & Citizens Awareness, a coalition of over 60 NGOs and CSOs has said that the entire crisis rocking the candidiate of the PDP in the Cross River North Senatorial By-Election scenario does not absolve INEC as a commission of complacency. 

Addressing the media on Friday, 5th February, 2021, Dr. Nwambu Gabriel who spoke on behalf of the coalition said that the implication of this is grave to the great height already attained by the current leadership of the commission and indeed our electoral system.

“Dr. Steve Odey was affirmed by the court as the winner of the primary election hence his name sailed through the National Working Committee of the Peoples Democratic Party in Abuja.

“Dr. Odey was then issued a nominations form provided for the PDP’s candidate by INEC headquarters, Abuja. Same was submitted to INEC headquarters by the PDP and acknowledgement obtained from the commission.

“Hon. Jarigbe did not fill any nominations form; meaning that Dr. Odey is the authentic candidate of the party. In spite of this, INEC would not publish Dr. Odey’s name as the party’s candidate for the election, Dr. Nwambu said.

The coalition advised the INEC Chairman to continue his good works but should be weary of some desperate politicians whose target is to win elections at all cost.

Excerpt is the full text of the press statement:

As a coalition and organization committed to strengthening our democracy with a view to adherence to laid down laws, principles and the rule of law, it is onerous on us to analyze the role of the Independent National Electoral Commission (INEC), the role of the Judiciary in our elections with a view to proper appraisal in terms of stipulated rules and laws enacted for the purpose of conducting elections in Nigeria. This essentially is targeted at the degree of compliance of the electoral Management body and other stakeholders towards progressively attaining a more transparent, free, fair and credible elections in Nigeria.

By-elections were conducted in some states of the federation to fill the vacant positions in state Assemblies, House of Representatives and the Senate on the 5th of December, 2020. But the events that has followed the Cross River North Senatorial District by-election from the primary election till the time of the round table is rather embarrassing to Nigerians because the template seem to be reversing Nigeria 40 years backward.

Two fellows were the key contenders in the PDP primary for candidature of the senatorial district. One is Dr. Steve Odey and the other Hon. Jarigbe Agom Jarigbe. A five-man panel was set by the political party, the PDP, made up of the chairman, secretary and 3 other members. INEC’s representatives from the 5 Local Government Areas that make up the senatorial district were present. The police were also present at the party primary. Midway into the exercise, Hon. Jarigbe stormed out of the venue alleging that INEC was not present. All the INEC officials stood up to affirm their presence. This did not deter Hon. Jarigbe who moved to another hotel in Ogoja with 2 out of the 5 members of the panel to conduct his own primary and there he declared himself the winner. Nonetheless, the chairman of the panel, the secretary and one member of the panel continued the process of the election where Dr. Steve Odey emerged the winner of the primary election having scored 450 votes against his closest contender Hon. Jarigbe who scored 90 votes.

Hon. Jarigbe had challenged the delegate list for the primary in a court. Dr. Steve Odey was affirmed by the court as the winner of the primary election hence his name sailed through the National Working Committee of the Peoples Democratic Party in Abuja.

Dr. Odey was then issued a nominations form provided for the PDP’s candidate by INEC headquarters, Abuja. Same was submitted to INEC headquarters by the PDP and acknowledgement obtained from the commission. Hon. Jarigbe did not fill any nominations form, meaning that Dr. Odey is the authentic candidate of the party. In spite of this, INEC would not publish Dr. Odey’s name as the party’s candidate for the election. Odey proceeded to the Federal High Court in Calabar to compel INEC to do the right thing. Hon. Jarigbe went to court or better still, somebody went to court to sue him in an FCT High Court in Apo, not over the list, not over that he won the primary election, or whether INEC was present at the primary. The FCT High Court does not have jurisdiction over this matter. He did not tell the court under Justice Binta Mohammed that he had declared himself winner at a fake primary conducted by himself. One John Alaba sued Jarigbe over a forged certificate, and that Jarigbe could not be a candidate with a wrong certificate. He didn’t event sue Dr. Odey. He did not join Odey, or even the PDP in the suit. Jarigbe’s name was not submitted to INEC as a candidate, yet INEC presented a lawyer at the court. The substantive issue was not addressed.

The Justice did not question Alaba’s ‘locus standi’ as lawyers say. The Judge did not ask for Odey, nor did she ask for the representative of the political party (PDP). It was a red- herring of judgement. A fiction alternative story was created by Jarigbe and lies became truth. Another certificate of return was issued to Jarigbe. What an “Abrakatabra” of a judgement. But before then, the authentic certificate of return had been received by the Senate President and Dr. Steve Odey had been sworn in as the Senator representing Cross River North Senatorial District in the National Assembly.

Now, here are some germane facts here.

1. Dr. Steve Odey participated in a primary conducted by the PDP and signed by the chairman, the secretary and a member of the panel. Hon. Jarigbe declared himself winner of a self-conducted election.

2. All the ballot papers used in the authentic primary won by Dr. Odey was submitted to the PDP headquarters in Abuja. Jarigbe’s primary had no ballot papers.

3. A candidate form sent to the PDP by INEC was filled by Dr. Odey and submitted to the INEC Headquarters by the party. Jarigbe did not fill any nomination form.

4. The provision of section 285(13) of the 1999 constitution as amended is very clear and unambiguous. It provides thus:

“An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all the stages of the election.” Jarigbe did not participate in the primary election conducted by the PDP. He stormed out mid-way, vacating the venue of the authentic primary election. Dr. Steve Odey participated fully in all the stages of the election and was declared winner of the primary election.

5. The PDP in a letter signed by the National Chairman and Secretary communicated INEC in writing stating clearly that Dr. Steve Odey is the authentic candidate for that election. Jarigbe was not recommended by the party he claims to fly its flag. Instead he ambushed with alternative fiction stories and deceived the court even while on oath to obtain judgement.

6. The Resident Electoral Commissioner (REC) of Cross River state who monitored the primary election that produced Dr. Steve Odey wrote a report to that effect affirming Dr. Odey’s victory.

Now, as a coalition that has collaborated with INEC for over a decade, we are aware that Prof. Mamood Yakubu is a man of impeccable integrity who has pioneered several resounding visionary innovations in terms of ensuring a transparent, free, fair and credible elections as well as adherence to rule of engagement in Nigeria. INEC under Prof. Yakubu has remained unbiased as an electoral management body saddled with such responsibility. But with profound respect to the Chairman and National Commissioners, the template which has played out in the Cross River North Senatorial district by- election does not depict fairness. It does not depict unbiasedness. It does not depict neutrality. The entire scenario does not absolve INEC as a commission of complacency. The implication of this is grave to the great height already attained by the current leadership of the commission and indeed our electoral system.

However, we thank God that this matter is before the Supreme Court where eminent Jurists would do justice proving once again that the Judiciary is the hope of the common man.

We hereby advice the INEC Chairman to continue his good works but should be weary of some desperate politicians whose target is to win elections at all cost. The entire situation in the Cross River North Senatorial by election indeed raises a lot of questions. We urge the chairman to set up a panel of enquiry to ascertain some the aforementioned observations.

For the matters that were before the FCT courts, we wonder if the Judges do not read the news and do not follow currents in their society. Judgments are not about law, but about the society. If they read, they would have known about the background. The several issues of obtaining judgments in courts in Abuja even when such courts clearly do not have jurisdiction over such matters is impacting negatively on our electoral system. This is putting our electoral system in an auto-reverse 40 years backward. We need our institutions to be stronger than individuals.

Finally, it is worthy of mention that while the Nigerian youths are clamoring for the participation of Youths in Nigerians politics, Dr. Steve Odey, a vibrant young lawyer and a doctorate degree holder should be let alone to effectively continue the representation of the good people of Cross River North Senatorial district who have unanimously elected him in a resounding victory to continue with his effective representation.