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Money outside banks rise to N3.63trn as lenders resume cash processing fees

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Money outside the banking system, also known as currency outside banks (COBs) rose by 10.67 percent in the first quarter of 2024, despite a decline in money supply (M2).

Data from the Central Bank of Nigeria (CBN) showed that COBs increased to N3.63 trillion in March 2024 compared to N3.28 trillion recorded in January 2024.

On a month-on-month basis, currency outside banks rose by 6 45 percent from N3.41 trillion in February 2024.

Money supply (M2) decline by 1.75 percent to N92.33 trillion in March 2024 from N93.97 trillion in February of the same year.

On a quarterly basis, M2 dropped by 0.55 percent compared to the level of N92.84 trillion in January 2024.

The CBN data also revealed that currency in circulation increased by 6.03 percent to N3.87 trillion in March 2024 from N3.65 trillion in January of the same year. Against the level in February 2024, it rose by 4.88 percent from N3.69 trillion.

The Nigerian commercial banks have resumed charges on cash deposits exceeding threshold for individuals and corporates after the suspension deadline expired on April 30, 2024.

The CBN in December 2023, suspended the processing fee of 2 percent for cash exceeding N500,000 for individuals and 3 percent fee for cash exceeding N3 million for corporates.

The reintroduction of charges was seen in an email sent out by Sterling Bank to it’s customers informing them about the resumption of the charges.

“This is to inform you that effective Wednesday, May 1, 2024, processing fees have been reintroduced on cash deposits exceeding the thresholds. “This means when you deposit cash above N500,000 (for individuals) and N3,000,000 (for corporates) at any Sterling Branch, the applicable processing fee of 2 per cent and 3 per cent will be incurred respectively,” Sterling Bank said.

A circular signed by Adetona Adedeji, acting director of Banking Supervision, on December 2023, stated, “consequently, all financial institutions regulated by the CBN should accept all cash deposits from the public without any charges going forward,”

CBN suspended cash processing fees to encourage electronic transactions, reduce the burden on individuals and businesses dealing with cash transactions, and promote financial inclusion.

On December 20, 2019, the CBN imposed processing charges on cash deposits above N500,000 for individuals and N3,000,000 for Corporates as contained in the Guide to Charges by Banks, Other Financial Institutions and Non-Bank Financial Institutions.

 

Nigeria missing as global oil giants embrace spending of up to $130bn by 2027

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As Nigeria missing as global oil giants embrace spending of up to $130bn by 2027 see Big Oil returns this week to the industry’s annual showcase for offshore energy projects and equipment in Houston, deepwater discoveries off Guyana, Namibia and the US Gulf Coast will take the spotlight.

Nigeria Africa’s top producer is missing from the ambitious list hobbled by years of bad policies and corruption.

Offshore exploration had dimmed after the US shale boom ushered in new and cheaper-to-tap supplies of oil, and as past offshore cost overruns pushed deepwater projects onto the industry’s back burner.

Newer deepwater projects have the attributes oil and gas companies are looking for: longer-term production, lower breakeven costs, big resource potentials and lower carbon emissions, said Pablo Medina, head of new ventures at energy consultants Welligence.

“Deepwater is back in vogue,” Medina said.
Capital spending on new deepwater drilling is poised to hit a 12-year high next year, predicts consultancy Rystad Energy. Investment in new and existing deepwater fields could hit $130.7bn in 2027, a 30% jump over 2023, it said.

“The return of offshore and deepwater operations is going to be a big topic at OTC [Offshore Technology Conference], and Namibia is going to be talk of the show,” said James West, senior MD at financial firm Evercore, referring to the recent series of oil finds off the West African coast.

With crude oil prices above $70 a barrels, energy producers can expect a return on their multibillion-dollar deepwater projects in six years, a relatively short period considering the wells’ longer lives compared with shale, explained Matt Hale, vice-president of supply chain research at Rystad, at the Rystad Energy Forum in Houston last month.

Deepwater resources also offer lower carbon emissions intensity than shale and other tight oils, averaging 2kg of carbon dioxide per barrel less than shale, Hale said. That appeals to investors seeking safer bets as environmental regulations tighten.

Namibia

Enthusiasm for offshore has climbed with discoveries and technology breakthroughs. Namibia’s Mopane is forecast to hold as much as 10-billion barrels of oil, Portuguese oil company Galp Energia said last month.
Chevron and TotalEnergies have made a breakthrough in ultra-high pressure environments with their Anchor project in the Gulf of Mexico, the world’s first to operate at once-unfathomable 20,000 pounds per square inch (psi) pressures.

 

The Anchor platform is preparing to start production off the Louisiana coast, and at its peak will produce up to 75,000 barrels per day (bpd) of crude and operate for 30 years.
The Stabroek block off the coast of Guyana has demonstrated the potential for low cost production that rivals the best deepwater fields elsewhere.

Over the next six years, more than half of its recoverable resources are expected pump at a breakeven price of less than $30 per barrel, according to Rystad. That is comparable to the breakeven on about 80% of deepwater recoverable resources off Norway, Rystad estimates.

Renewed interest in deepwater has boosted demand and results for offshore drilling contractors. Rates for some vessels have surpassed $500,000 a day and contract durations are lengthening as vessel supply dwindles.
“We are reaching this crescendo over the next 18 months or so where the (deepwater rig) market will level out,” said Leslie Cook, upstream supply chain analyst at consultants Wood Mackenzie.

 

Industrial Court dismisses case against Balewa University

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The Presiding Judge, Bauchi Judicial Division of the National Industrial Court, Hon. Justice Mustapha Tijanni has dismissed the case filed by one Ahmed against Abubakar Tafawa Balewa University, Bauchi challenging his dismissal from service for being statute barred.

From facts, the claimant- Mr. Ahmed had posited that the Committee set up by the Abubakar Tafawa Balewa University was not properly constituted in line with the Condition of Service of the Institution and that he was unjustifiably dismissed from service.

In defense, the defendant- Abubakar Tafawa Balewa University averred that it complied with the Condition of Service and that the composition of Committees was properly constituted and the dismissal was done in line with the Condition of Service.

The Learned Counsel to the University, A. Acanny Esq. noted that Mr. Ahmed’s action was filed nine months after the cause of action had accrued against the 3 months window accepted by the Public Officers Protection Act, and urged the court to dismiss the case for lack of jurisdiction.

The counsel also stated that Mr. Ahmed has failed to establish by evidence his assertion that his dismissal was not in conformity with the provisions of Defendant’s Conditions of Service.

In opposition, Learned Counsel to Mr. Ahmed averred that his client is a member of the Non-Academic Staff Union (NASU) of the University and in the entire membership of the Investigation Committee which was constituted in the matter; the Chairman of NASU was not among as provided by the Condition of Service.

Learned Counsel further argued Court that the composition of the Committee is improper and thus a breach which nullifies the committee’s proceedings and dismissal handed down by the University.

Delivering judgment after painstaking evaluation of the submissions of both parties, the Presiding Judge, Justice Mustapha Tijjani held that Mr. Ahmed’s action was filed outside the 3 months Prescribed by the Public Officer’s Protection Act, and affirmed that the case is statute-barred having not fall into any of the exceptions to general rule.

On the merit of the case, Justice Tijjani held that Mr. Ahmed did not show to the court how the absence of the NASU Chairman in the investigative committee affected the proceedings of the committee or occasioned the breach of the principle of natural justice in the case.

“The law is settled that the composition of the Disciplinary Committee is intrinsic to the fulfilment of the requirement of section 36 of the Constitution that guarantees for fair hearing to whoever is accused of wrong doing. It follows therefore that a Claimant, as in the instant case, who fails to discharge this burden is bound to fail and his case is liable to be dismissed. I so hold.” The Court held.

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Nigeria’s cargo tracking plan hits brick wall of corruption

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The implementation of an electronic system that enables real-time generation of vital data on ship and cargo traffic in and out of Africa’s biggest economy has been stifled by corruption and internal power struggles, according to leaked documents and extensive interviews with sources familiar with the matter.

Asides the billions of naira that could accrue to the Nigerian government in revenue from cargo tracking on the country’s borders, the electronic system known as International Cargo Tracking Note (ICTN), also allows Africa’s top oil-producing country to monitor the exact quantity of daily crude oil exports and tame the menace of oil theft.

The ICTN had an initial attempt at take-off during the late Umaru Yar-Adua/ Goodluck administration who approved a contract between the Nigerian Ports Authority (NPA) and an operator named Transport and Port Management System Ltd (TPMS) -Antaser-Afrique.

However, the scheme was abruptly terminated in October 2011 by Ngozi Okonjo-Iweala, the then minister of finance and coordinating minister of the economy, who also chaired a presidential committee on ports reform.

 

Okonjo-Iweala said some importers complained their cargos were already being tracked by the Nigerian Customs Services from origin to destination so there was no reason for the NPA to collect charges on ICTN.

“Upon enquiry, we learned that charges totalled about $6 million. I had never seen this money remitted to the Treasury,” she wrote in her book titled, Fighting Corruption is Dangerous: The Story Behind the Headlines.

 

“Clearly, the $6 million from the Nigerian Ports Authority from the Cargo Tracking Note not being remitted to the treasury must be going into some influential pockets,” she wrote.

 

Unremitted revenues

BusinessDay gathered that over €45 million was remitted for onward transmission to Nigeria via TPMS, however, there are allegations the funds were not remitted as expected.

 

“We remitted a total of €45,590,618 for onward transmission to Nigeria via TPMS. Later on, we discovered that the funds were not remitted as expected,” a leaked Antaser memo sent to the office of managing director of NPA dated 08 January 2016 said.

It added, “We have the transfer evidence and would be ready to tender same on request.”

This development prompted the Belgian maritime firm to float a hundred million capital base of Antaser Nigeria with the intention of working directly with the government of Nigeria.

Leaked documents from Nigeria’s anti-corruption agency, the Economic and Financial Crimes Commission (EFCC), showed discrepancies in revenue from the initial cargo tracking program.

 

According to the document, the program, which ran from March 2010 to November 2011, generated €16.6 millions.

However, concerns were raised regarding missing funds. The federal government was entitled to 60 percent of the revenue, or roughly €10 million. However, documents showed the government only received €6.3 million, leaving a gap of over €3.6 million unaccounted for.

Internal documents from the Ministry of Transport warn of the negative consequences of delaying the cargo tracking system. A memo dated August 26th, 2021, addressed to the Bureau of Public Procurement (BPP), highlights potential losses in revenue, a decline in maritime security, and increased opportunities for cargo tampering and under-declaration.

 

Power play by high-ranked government officials

BusinessDay’s findings revealed another troubling trend of high-ranking former government officials reportedly engaged in a power struggle to secure control of the lucrative contracts associated with the program.

For instance, leaked confidential memos and interviews with sources, showed how Rotimi Amaechi, former minister of transportation, awarded the security-sensitive contract to two companies – MedTech Scientific Limited and Rozi International Limited on August 19 2021– in ways that breached the procurement law and caused the Bureau of Public Procurement to complain about lack of due process.

BusinessDay’s findings showed the two companies awarded the shipping tracking scheme contract have no record of work in the area. MedTech is a healthcare company, and Rozi is a property development firm.

In a memo dated August 26, 2021, BPP said Amaechi did not submit their profiles to enable the procurement agency to determine their competence.

Months later, Amaechi accused Ibrahim Gambari, the former chief of staff to the president, of meddling in the procurement process for the international cargo tracking note scheme, overseen by the Nigerian Shippers’ Council under Amaechi’s authority

 

 

 

In a memo dated October 14 addressed to the former president Muhammadu Buhari, Amaechi said Gambari had consistently sought to impose his interests on issues relating to procurement processes in his ministry.

 

 

 

“I am particularly concerned that his opposition to my Ministry’s initiatives in respect of the ICTN Scheme has increased in tempo after the visit of a certain Miss Bilkisu Gambari, at his behest, to my office with her partners to solicit for the award of this same ICTN contract — which request was not granted,” Amaechi said in his letter to the President.

Data sourced from the Corporate Affairs Commission showed Bilkisu Gambari, is one of the directors of Donnigton Nigeria Limited, a Nigerian company that had written a proposal to Gambari, for the re-introduction of the cargo tracking note service.

 

 

 

Emergence of Antaser Nigeria Limited/Antaser Afrique BVBA

 

 

On February 15 2023, the federal government announced Antaser Nigeria Limited/Antaser Afrique BVBA, a Belgium-based company and other local companies such as MSSRS Velocity logistics and Marine Services, Saham’s Crystal Investments Limited, Winslow Logistics Limited and Equal Logistics Limited as preferred winners for the installation of Electronic Cargo Tracking Notes for seaports nationwide.

“The contract was awarded jointly to the five companies rather than to the lead (technical) Partner as normally is the case in direct procurement,” said an expert familiar with the bid process.

 

The scheme is expected to generate revenues to the federal government ranging from about $90m per annum to a peak of about $235m per annum in direct revenue and much more in indirect revenue, according to Mu’azu Sambo, the immediate past minister of transportation, who said this at the end of a Federal Executive Council meeting in February 2023.

The revenue sharing formula will be 60-40 per cent, with the FG taking the greater share.

 

According to the former minister, the new scheme will tackle several challenges, such as under-declaration, concealment, and wrong classification of important cargo.

 

 

 

Project yet to kick-off

 

 

BusinessDay’s findings showed the implementation of cargo tracking notes is yet to begin despite receiving approval from the previous administration of President Muhammadu Buhari.

The House of Representatives in March, expressed displeasure over the failure of the management of the Nigeria Shippers Council to commence implementation of the International Cargo Tracking Note.

 

“Why haven’t we started implementing the ICTN. What are we waiting for? Why are we allowing Nigeria to lose so much revenue, and not doing anything?” Abdussamad Dasuki, chairman of, House Committee on Shipping Services said.

 

 

FX Crisis: Naira Depreciates By N130 Against Dollar In 24 Hours

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The Naira depreciated by N130 against the United States dollar at the parallel foreign exchange market on Sunday.

A Bureau De Change operator, Mistila Dayyabu, disclosed this to the DAILY POST in an interview.

He noted that Naira dropped to N,1420 per dollar from N1,290 in less than 48 hours at the parallel market.

The Naira depreciated to N1,420 per dollar on Sunday at the parallel market due to high demand. We buy at N1,410 per dollar and sell at N1420 as of Sunday. It was N1290 per dollar on Friday,” told DAILY POST.

DAILY POST recalls that the Naira appreciated at both the official and parallel foreign exchange markets on Friday.

The Naira has continued to experience fluctuations in foreign exchange despite the Central Bank of Nigeria’s interventions.

From March 26th to April 26th, 2024, the apex bank released FX thrice to Bureau De Change operators.

Financial expert Kalu Aja said CBN’s intervention was the reason for the appreciation of the Naira from March to mid-April 2024.

Chelsea Propose Lukaku Plus Cash Deal For Osimhen Transfer

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Chelsea is considering making an offer to Napoli for Victor Osimhen that includes Romelu Lukaku, €90 million, and a young player.

Osimhen, who is expected to leave Napoli at the conclusion of the season, has drawn interest from a number of teams, with Arsenal and Paris Saint-Germain being the front-runners. Eyes Of Lagos reports,

However, reports from Sky Sport Italia suggest Chelsea, who are long time admirers of Osimhen, are willing to put up anything to get the Nigerian star down to Stamford Bridge.

The proposed deal includes Lukaku, a move aimed at reducing the overall cost for Chelsea.

Lukaku, who has expressed his desire to continue playing in Italy after loan spells at Inter Milan, and now Roma, is eager for a move away from Chelsea.

The Blues are also looking to leverage Lukaku’s preference for Italy to facilitate Osimhen’s transfer to England.

Although there are rumours linking the Belgian forward with Saudi clubs, Chelsea will likely reconsider their options if Napoli agrees to the deal for a swap.

Shell & Makinde Sign Agreement To Build Gas Pipelines In Oyo

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Shell Nigeria Gas and the Oyo State Government have signed an agreement to develop a gas supply and distribution infrastructure that will deliver gas to industrial and commercial users in the state.

A statement released on Friday by Shell Nigeria’s Media Relations Manager, Abimbola Essien-Nelson, disclosed that SNG will build and operate the gas distribution network which will serve customers across Oyo State for 20 years.

According to the statement, the project will start with the construction of gas distribution infrastructure along a 15km pipeline route, adding that it will grow to deliver up to 60 million standard cubic feet of gas per day across the state.

Our correspondent learnt that the first gas is expected in the fourth quarter of 2025.

Speaking at the signing ceremony, the Oyo State Governor Seyi Makinde, described the project as a catalyst for development in the state.

Makinde said, “This project fits into our plan to drive innovation and industrialisation in Oyo State and we’re ready to partner with more companies and other organisations to enhance the delivery of relevant projects”.

Speaking, the Managing Director of SNG, Ralph Gbobo, noted that the agreement was “a significant milestone for SNG and Oyo State to boost economic activities in Nigeria by supplying industries and manufacturers with natural gas, a more reliable, cost-efficient and environmentally friendly source of energy”.

He explained, “The gas distribution project will be a game-changer in the industrialisation drive of the Oyo State Government and help boost internally generated revenue and result in more job opportunities.

“For SNG, the project is a milestone in our effort to continue growing the energy supply to businesses in Nigeria in line with Nigeria’s ambition to drive progress on the back of natural gas availability across Nigeria under the Decade of Gas initiative”.

The Managing Director of The Shell Petroleum Development Company of Nigeria Limited and Chairman, Shell Companies in Nigeria, Osagie Okunbor remarked that the event pointed to the value of partnership as “Shell continues to power progress” in Nigeria through more and cleaner energy solutions for commercial and industrial customers.

“Building on our presence in the country since the 1960s and the wide marketing and trading reach of Shell Energy, we are excited about developing gas distribution solutions and delivering competitive and reliable energy for power generation and industrial use across Nigeria,” Okunbor added.

Prosperity Cup: Gov Diri Open Draws, Presentation Of Jerseys To Teams For Season 6 Tournament

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… Federal Ministry Of Youths And Sports Development Endorse Prosperity Cup

The draws and presentation of jerseys to teams for Season 6 of Nigeria’s biggest grassroots football tournament spectacle, the Bayelsa Governor’s Football Tournament tagged Prosperity Cup have been conducted in Yenagoa.

Bayelsa State Governor Senator Douye Diri flagged off the draws and presentation of jerseys to teams at the Samson Siasia Stadium Yenagoa shortly after the weekly Prosperity Walk on Thursday 2nd May 2024, with the official kick-off of the tournament coming up on the 19th of May, 2024

Governor Diri in his remarks emphasised the need for young footballers to combine sports and education, noting that education and sports are two major tools with which the youths can be engaged meaningfully, describing sports as a booming business all over the world.

He commended the Hon Minister of Sports and youth development Senator John Enoh for their support and endorsement of the Bayelsa Governor’s Cup, saying their support is a testament of the Minister’s passion for grassroots sports development. He added that this endorsement has further demonstrated the acceptance of the tournament nationwide and beyond.

Director General of the tournament Mr Ono K. Akpe appreciated the governor for giving the youths in the state the Prosperity Cup platform to showcase their talents.

Highlight of the programme was the presentation of football kits including balls, jerseys, and hoses to football teams for the Male , Female, and Para-Soccer Editions as well as football kits for the 22 football fields, which are to be used as centres for the tournament across the state.

In attendance were the Majority Leader of the Bayelsa House of Assembly, other Assembly members, Head of Service Barr. (Mrs) Biobelemoye Charles-Onyeam, the newly sworn-in Commissioner for Sports Development, Dr Daniel Igali, other members of the State Exco, Deputy Chief of Staff Hon Irorodamie Komonibo, Director of Sports Sir Braveman Wordi amongst others.

On their part the teams expressed joy at having their jerseys and are set to lock horns with fellow teams in the coming weeks. Season 6 promises to eclipse all other editions with all teams looking to grab the ultimate prize.

EFCC Vs Yahaya Bello: CSOs/Kogi Youths drag EFCC before Senator, Reps Committee over Rights Violation, Threatens Commission With Court Action

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No fewer than 64 Civil Society Organizations operating under the auspices of Coalition of Civil Society Groups in conjunction with Kogi Youth Consultative Assembly have dragged the anti-corruption agency, the Economic and Financial Crimes Commission EFCC to the Senate Committee on human rights over alleged intimidation and harassment of peaceful protesters in Abuja.

In a petition to the Senate Committee signed by Dr Clement Nduka, the Convener of Coalition of Civil Society Organizations in Nigeria, it says the recent occurrences in the country is portraying EFCC as an establishment of the government being used as tools for oppression, suppression, intimidation, harassment as well as for perpetration of illegalities.

They also said the actions of the commission threatens the country’s human rights records before the international community and portrays the nation as a people with no confidence in our judicial system, hence resort to self-help.

The groups described as a cause for worry the forceful dispersing of protesters at the Commission’s Headquarters in Abuja who had come to demonstrate against what they call media trial and persecution of former governor of Kogi State, Yahaya Bello.

They called on the Senate and House of Representatives Committee in Human Rights to institute panel of enquiries to look into this ugly trend with a view to recommend punitive measure for whoever that erred on the matter.

The petition reads in part, “On the other hand, Distinguished Senator, the other group, a coalition of Civil Society Organizations and Kogi Youth group who came with placards, banners with different inscriptions suggesting that the commission carry out their national assignment within the confines of our constitution were brutally harassed, dispersed with teargas and gunshots.

“According to the protesters which EFCC may have perceived as pro-Bello had merely taken their demonstration to Commission’s headquarters to submit a letter, urging it to explore the judicial system to pursue its case instead of media trial against Yahaya Bello and several other high profile Nigerians whose integrity, name and characters have been assassinated and maligned by same EFCC but later won their several cases, an action that have been severally condemned as unprofessional and unnecessarily dramatic.

“The protest according to our findings was largely peaceful and just as the leaders were approaching to submit their protest letter, officers of the commission started firing teargas, releasing their dogs on the demonstrators and dispersing them with gunshots.

“That is not all Distinguished Senator, their vehicles, especially the ones rented from Abuja Urban Mass Transit were destroyed, journalists attacked, and some passersby injured as everyone scampered for safety following the unprovoked attacked by those who ordinarily should protect them.

“Apart from their paper placards calling on the EFCC to go courtroom to advance case as against playing to gallery in the camera lens, nothing incriminating was found in any of the protesters, raising questions as to what prompted the EFCC and its official to unleash an unprovoked attack on harmless protesters? Does this give credence to the assumption that EFCC is only interested in persecuting and not prosecuting Yahaya Bello and most of the people they have investigated and tried in court but later won?

“Their action is in sheer contravention and outright violation of the Chapter 4 of the 1999 Constitution as amended which confers every citizen with the Right to personal liberty, Right to fair hearing, Right to freedom of thought, conscience and religion, Right to freedom of expression and the press, Right to peaceful assembly and association and Right to freedom of movement.

“The action of officials of the Commission is also in violation of the United Nations Universal Declaration of Human Rights which declares that all human beings are born free and equal in dignity and rights.

“It further states that they are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

“These were all brazenly observed in the breach by the EFCC and its officials and it casts our dear country in a negative light when x-rayed in the lens of our Constitution and existing international laws which our great country signed up to.

“The Commission did not deny its unprofessional conduct against the coalition of Civil Society Organizations, journalists and passersby who witnessed the disturbing episode. Their defence has only been that the demonstrators were “unruly” without a single trace of evidence, bearing in mind that there are video clips of everything that transpired on the said day.

OUR DEMANDS

“1. That this honourable and noble Commission should immediately set up a panel of enquiries to look into this ugly trend with a view to recommend punitive measure for whoever that erred on the matter

“2. That the honourable Committee should invite the Chairman of Economic and Financial Crimes Commission, Ola Olukoyede to appear before it to answer to the issues raised.

“3. That the honourable Committee should extend invitation to the Reporters of Africa Independent Television (AiT), Arise Television and all journalists on ground who were also victims of the barbaric attack by an institution like EFCC.

“4. That the honourable Committee extend invitation to the drivers of the Abuja urban Mass Transit who drove some of the damaged vehicles who have been suspended by their employers, Abuja Urban Mass Transit due to the unfortunate action of EFCC to destroy their buses

“5. That the honourable Committee should invite manager of the filling station beside the EFCC Headquarters whose station and customers on queue for fuel were badly harrased, attacked and two arrested by the Commission.

“6. That the honourable Committee should such other things that will promote justice, fairness and rule of law in this case

“As distinguished Senators and responsible Committee members who are known for defending the rights of Nigerians where they have been breached, we are counting on you as the last hope of the common man to get justice in the interest of our nation and defence of the defenceless in the society. While we anticipate your usual kind consideration of this, please accept the assurances of our solidarity towards nation building”.

 

 

Industrial Court dismisses Application for injunction against NOSDRA

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Hon. Justice Emmanuel Sublim of the Abuja Judicial Division of the National Industrial Court has dismissed the application for an interlocutory injunction filed by Emmanuel Ndame against the National Oil Spill Detection and Response Agency (NOSDRA) and 2 others to maintain status quo ante bellum as at when he instituted the case in 2023 pending the determination for lacking merit.

The Court held that granting Emmanuel Ndame’s application is to expose the National Oil Spill Detection and Response Agency to suffer irreparable damage as opposed to Mr. Emmanuel who can be compensated by a subsequent order(s) of the court if he succeeds at the end of the trial.

From facts, the applicant- Emmanuel Ndame had filed a Motion on Notice prayed to the Court for an order of interlocutory injunction to restrain NOSDRA and 2 others, their privies and agents from punishing, demoting, dismissing, retiring, intimidating, frustrating, stopping or reducing the payment of his salaries and allowances and/or terminating of service pending the determination of the suit.

Mr. Emmanuel averred that the consequent reduction in his earnings by stripping him of the position of Acting Director when the case is on is targeted at frustrating him for the mere reason that he approached the Court for rescue and redress and further that NOSDRA does not have the statutory power or right to make a crime out of the exercise of his constitutional right to seek redress in Court.

In defence, the 1st respondent- National Oil Spill Detection and Response Agency (NOSDRA) contended that the appointment of Mr. Emmanuel as Acting Director was a temporary Appointment usually for one year, pending when a substantive Director is appointed as provided for under the Public Service Rules, and further that the subject of litigation in the case is for Mr. Emmanuel’s promotion to the substantive position of Director and it is not such a claim that can be wasted or damaged or even frittered away.

Learned Counsel to the NOSDRA, S.A Ramalan Esq, with K.D Musa Esq submitted that damages can be an adequate remedy for Mr. Emmanuel’s claims, such that Mr. Emmanuel would be put comfortably back in the same position he is seeking the relief of injunction without much ado, urged the court to dismiss the application for being unmeritorious.

In a well-considered ruling, the Presiding Judge, Justice Emmanuel Sublim held that the Court is prohibited from delving into the substantive matter of a suit at the interlocutory level, and it is not within the province of the court at this stage of the proceedings to pronounce on substantive matters or issues in the course of proceedings.

Justice Emmanuel dismissed Emmanuel’s application and held that there cannot be an order for interlocutory injunction for an act or event that has taken place retrospectively, and there is no proof that any form of damage or injury will be suffered by Mr. Emmanuel if he doesn’t remain in the Acting position.

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