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Dame Jonathan Sues SERAP …Breach Of Rights Alleged

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The Socio-Economic Rights and Accountability Project (SERAP), has been sued over alleged “campaign of calumny against Dame Patience Jonathan using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15million and ought to be prosecuted.”
In a statement dated October 20, 2016, and signed by SERAP Executive Director, Adetokunbo Mumuni, the organisation said, “on October 18, 2016, at about 3pm, we received court papers dated October 6, 2016, from a bailiff.
“The papers indicate that one Union of Niger Delta Youth Organization for Equity, Justice and Good Governance, suing for themselves, and on behalf of Mrs Dame Patience Jonathan, filed a suit number FHC/L/CS/1349/2016 before a Federal High Court in Lagos against SERAP.”
According to Mumuni, “the court papers also indicate a prayer for an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the former First Lady, Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicised pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.”
Mumuni also revealed that, “The suit is seeking an order directing SERAP to stay all action and to desist forthwith from proceeding against Dame Patience Jonathan, with any process whatsoever, pending the hearing and determination of the Originating Summons.
“SERAP was also served a separate application to be joined in the suit number FHC/L/CS/1318/2016 earlier filed by SERAP against the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, over allegations of $15million unexplained wealth against Mrs Jonathan.”
In reaction to the development, Mumuni said, “SERAP categorically rejects these misleading and entirely unfounded accusations against us by Dame Patience Jonathan and her group, and we will vigorously oppose the suit in court. SERAP will never, in the discharge of its mandates, succumb to any intimidation, harassment and attacks in any way, shape or form. We are now consulting with our lawyers, and will be preparing shortly our defence in court.”
According to Mumuni, “At no time did SERAP suggest or even hint that Mrs Jonathan was guilty of the allegations against her. On the contrary, what SERAP has said is that the fact that the $15million found in the four accounts belong to Mrs Jonathan, raises serious suspicion or at the very least, a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15million.”
He also said, “To be sure, SERAP is not engaged in any campaign against Mrs Jonathan or any other politically exposed persons for that matter. Our suit was filed against the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, and not Mrs Jonathan. It’s a joke to accuse SERAP of trying to coerce the Attorney General to perform his constitutional duty, as this is for the court to decide.”
Mumuni said that, “SERAP consistently strives to ensure that its human rights and accountability work meet international standards and the highest standards of analytical rigor devoid of bias or assumptions as to individual’s guilt. Mrs Jonathan should end her attacks on an NGO simply working to make the government function to improve the conditions of millions of marginalized and disadvantaged Nigerians.”
SERAP further said that, “Our work is driven solely by the fundamental principles of justice, impartiality, solidarity, universality of human rights, transparency and accountability in the management of Nigeria’s resources and wealth. We believe that it is through action that we have taken in this matter that the government can be motivated to live up to its commitments and to meet the expectations of Nigerians for good governance, human rights and the rule of law.”
He quoted the court papers it received from Mrs Jonathan and her group as reading in part: “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.
“SERAP’s action is blatant misuse of the processes of this court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.
“There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the release of her legitimately earned funds, which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorization.
“The funds in question were legitimate gifts from her friends and well-wishers over the last 15 years which she had been saving in order to utilize to upgrade family businesses and concerns which had been somewhat dormant by reason of the long period of her husband service as a public officer in Nigeria.
“The gifts were given in small contributions by several persons, some of whom she cannot even now recall over this period of 15 years, sometimes in as small a gift as N250,000. In order to preserve the value of these funds which she did not require for any purpose at the time she changed them into foreign exchange and kept them as cash for a long period in her home safe in Port Harcourt and Abuja.
“It was when the family home in Otuoke was burnt down by hoodlums under the instigation of political adversaries in 2010 that she began to think about banking these gifts, which had now grown to large sums in United States Dollars. In 2010, she therefore, summoned one of her husband’s domestic aids, Waripamo-Owei Emmanuel Dudafa to assist her in opening bank accounts into which the funds could be deposited.
“Unknown to her, the said Dudafa, in a bid to be discreet about the owner of the funds, decided to bank the funds in the names of companies owned by him. When she discovered this she was constrained to continue with the names of the companies when she was advised that it did not make any difference as to the ownership of the funds since the director of the company would appoint her as sole signatory to the accounts in question.
“When in 2016, Dudafa was arrested and detained, she had no fear for the funds as she realized that the funds could not be attributable to him once it was discovered that she was the sole signatory to the said accounts. It was, therefore, a rude shock to her when she discovered that a no transaction order had been placed on the accounts by the EFCC in the belief that the funds belonged to Dudafa.
“She instructed her solicitors to further write to the EFCC to inform them that the funds belong to her, and that they formed a part of her legitimate earnings over the last 15 years. It was this letter that was leaked by the EFCC to the media that became sensationalized and led to the plaintiff’s vilification and attack by ignorant persons who had no information about the matter.
“SERAP is playing to the public gallery in order to gain the notoriety it has achieved over the past years. SERAP has done this mostly by intervening in high profile issues without regard to the rights of persons it claims to protect. SERAP jumped into the fray of ignorant accusations being made against Mrs Dame Patience Jonathan in the public media and has begun a campaign of calumny against her using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole the funds in question and ought to be prosecuted.
“SERAP has maintained this position, notwithstanding the fact that there is no evidence whatsoever by which Mrs Jonathan could be prosecuted for obtaining the funds through unlawful means. In furtherance of this campaign, SERAP, being in breach of its own objects for which it was incorporated, has continued to proclaim the guilt of Mrs Jonathan in the media and recently was widely reported in the news media to have commenced a self-serving action to attempt to coerce the Attorney General of the Federation to prosecute her,” the statement added.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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