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Nigeria Faces $500m Penalty For Alleged Default On Mambilla Power Deal

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The Federal Government could end up paying $500million to an electricity transmission company for allegedly defaulting on a $200million settlement agreement it entered into with the firm.

The Sunrise Power and Transmission Company Limited (SPTCL) is seeking to be paid $500million after government allegedly failed to pay the $200million compensation it offered following the termination of the contract to construct Mambilla hydropower project located in Taraba State.

The settlement was meant to make Sunrise relinquish all claims to the $5.8billion project, which has been grounded for 14 years, and was originally to generate 3,050 megawatts but later reviewed, to 1,525 megawatts.

Government has since re-awarded the same contract to a Chinese firm with Sunrise claiming that the development did not follow due process.

It subsequently approached the International Court of Arbitration in Paris, France for redress, reminiscent of the legal battle between the Federal Government and the Irish firm, Process and Industrial Development (P&ID).

In documents now in the public space, the Federal Government, represented by Power Minister, Sale Mamman, and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had committed the government to pay the $200million penalty in addition to the original terms of settlement, while Chairman of Sunrise, Leno Adesanya, and Legal Counsel, Jeremie Chouraqui, signed for the company.

Both sides, under the settlement agreement of January 21, 2020, had mutually “resolved that the FGN shall pay Sunrise the net sum of $200million in irrevocable and immediately available funds to Sunrise’s designated bank accounts which shall be stated in the invoice to be submitted by Sunrise within the stipulated time frame.”

The agreement stipulated that the  sum of $200million “shall be paid in one or two tranches within 150 calendar days (five months) from the date of execution of this addendum, as follows: first $100million within 30 calendar days of execution of the agreement. The remaining balance of $100million shall be paid within 90 calendar days (three months) of the first payment. The second tranche of the payment under item c (ii) shall have a grace period of 30 calendar days (one month).”

The parties also agreed that in the event of the Federal Government failing to meet its payment obligations contained in the terms of payment, Sunrise would be entitled to a financial default sanction in the sum of $200million, in addition to the unpaid principal sum of $200million.

“This is in addition to the interest on any unpaid sum (including of any financial default sanctions) at a compound daily interest rate of 10 per cent, per annum, until the full payment is received by Sunrise in irrevocable and immediately available funds, in its designated bank accounts.

“Such full receipt by Sunrise shall discharge the FGN from any further extraneous liability to Sunrise in respect of the settlement agreement and this addendum and Sunrise shall then have no further recourse to the Mambilla project.”

Having missed out on all payment deadlines, including the first payment of $100million, which should have been done over a year ago, the arbitration in Paris may decide the direction the matter will sway.

With the reinstatement of the penalties and the $400million already accruable, the indebtedness may have hit $600million, and would rise to $700million if the 10 per cent per annum interest rate agreed to by parties in the settlement agreement is calculated.

Further communication between Malami and the Chief of Staff to the President, Prof. Ibrahim Gambari, indicated that Malami updated the CoS on the issue to guide the government’s decision on the matter.

Also, Mamman, in a memo dated August 19, 2020, and addressed to Gambari, said, “The Ministry of Power is in total support of the position provided by the AGF who has been the lead in finding an amicable out-of-court settlement to the dispute.

“The ultimate aim of the ministry is to see that Mambilla project implementation can proceed unencumbered, therefore, whichever settlement option that can lead to a peaceful resolution for the project to commence will be acceptable by the ministry.”

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Anglican Bishop Urges Politicians To Lead With Integrity

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The Bishop of Anglican Diocese of Niger Delta, Dr Emmanuel Oko-Jaja, has called on Nigerians, especially those in positions of authority to uphold moral standard and integrity.
Oko-Jaja said this at a thanksgiving service to mark the 90th birthday of Prof. Sylvanus Cookey at Saint Paul Anglican Church in Opobo Town, Rivers yesterday.
The Tide’s source reports that Cookey was the second Vice Chancellor of the University of Port Harcourt (UNIPORT) in 1982.
Oko-Jaja advised political leaders to always be self-aware and avoid actions that could damage their reputation.
“In today’s Nigeria, hardship has changed how the people behave, as lies have become more popular than the truth.
“We now live in a country where injustice is now celebrated and lowering moral and social standard have become the new normal.
“Leaders must follow the exemplary legacies set by our forebears by becoming upright and live a life that would not bring shame to their family and community,” he said.
He attributed the country’s current economic challenges and declining living standards to leaders failing to prioritise the well-being of citizens.
“The younger generation should emulate the virtues of our predecessors like Prof. Cookey, who prioritised integrity over material gain.
“Good reputation was the norm back then, and I hope that God will restore it to Nigeria, where leaders’ goal will be to have good names.
“If anyone wants to commit evil, they should remember that their actions can bring a bad name to their family and community,” he cautioned.
Addressing the celebrant, the King of Opobo Kingdom, HRM Dandason Jaja, praised Cookey for his impact on society and described him as a mentor and philanthropist.
He said that the celebrant was a distinguished academic, who had impacted numerous youths through vocational training, leading to their successful employment in different sectors.
Speaking earlier, Cookey expressed gratitude to God for attaining 90 years and acknowledged the support of his family and friends.
Reflecting on his contributions to the country, he encouraged leaders to leave behind positive legacies for future generations to celebrate.

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Senators, Reps To Resume Plenary In Remodelled Main Chambers

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Nineteen months after federal lawmakers movement to  temporary chambers,  the Nigerian Senate and House of Representatives would finally resume sittings in  their  newly remodelled main hallowed chambers tomorrow
Spokesperson of the House of Representatives, Hon. Akin Rotimi Jnr, and the Clerk to the Senate, Barrister Chinedu Akubueze confirmed the planned movement to the main chambers in separate written announcements made penultimate week on the change in resumption date by lawmakers from their ongoing recess.
Hon. Rotimi, who is the chairman, House Committee on Media and Public Affairs, in the official announcement dated April 4, 2024 to the honourable members, cited the need to resume plenary at the renovated and reconfigured main chamber, as reason for the postponement in line with the general wish of the lawmakers.
“The House of Representatives wishes to inform the public and stakeholders of the rescheduling of the resumption date from the ongoing recess, originally slated for Tuesday, April 16, 2024, to  Tuesday, April 23, 2024.
“This adjustment is necessary to accommodate the completion of renovations to the main chamber of the House of Representatives to ensure its readiness for plenary sessions, henceforth,” he stated.
Two days after, the Clerk to the Senate also issued a statement, postponing resumption of plenary by the Senate from April 16 to 23, 2024.
Akubueze ‘s statement reads in part: “Distinguished Senators are hereby invited to note that the resumption of the plenary sitting of the Senate, which was scheduled for Tuesday, 16th April, 2024, has been postponed to Tuesday 23rd April, 2024”
It would be recalled that ahead of the projects delivery, the Site Engineer of Visible Construction, Tajudeen Olanipekun, had early last month informed journalists covering the Senate, that the two main chambers, would be ready for use by both the Senate and the House of Representatives in April this year.
Olanipekun’s assurance on delivery of the fully transformed and reconfigured hallowed chambers to management of the National Assembly, coincided with call by the President of the Senate, Godswill Akpabio, to the Clerk to the National Assembly, CNA, Alhaji Sani Magaji Tambawal that both the Senate and the House of Representatives, want to move to their main chambers as soon as possible after close to two years of using temporary ones.
In carrying out the subtle marching order, the construction firm in the last five weeks has carried out the required finishings on
the upgraded and reconfigured hallowed chambers fixed with state-of-the-art chairs, parliamentary equipments,  appliances and extended sitting terraces.
Physically, the entire ambience of the space in and around the hallowed chambers have been transformed, just as barricades used to restrict movements at the foyer have been removed.
The  Federal Capital Development Authority, FCDA, had in March 2021 awarded a N30billion renovation contract to Visible Construction Limited to rehabilitate critical segments of the National Assembly complex.
The law makers had in September  2022 vacated the main chambers to enable the Contractors;   handle the renovation work of both chambers
Some of the critical segments are the office buildings housing the office accommodation for the senators and honourable members, watertightness of the roof of the complex, the cooling system, replacement of lifts that are inoperable in the White House as well as in the House of Representatives and in the new Senate Wing among others.

By: Nneka Amaechi-Nnadi, Abuja

 

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Police Commence Recruitment Process In Anambra, Enugu

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The Zone 13 of the Nige- rian Police Force, comprising Anambra and Enugu States, has announced the venue and time for both General Duty and Specialist Constable recruitment medical screening in the two States.
This is contained in a statement issued yesterday by the Zonal Police Public Relations Officer, SP Josephine Ihunwo, yesterday in Enugu.
Ihunwo said that prospective candidates from Zone 13 should note that the exercise would take place at Police Hospital, Awka.
She said that the medical screening would commence simultaneously nationwide on Tuesday, April 16, and end on April 30, 2024.
“Candidates are advised to visit the recruitment portal: https://apply.policerecruitment.gov.ng to know their status, specific time, date and other mandatory requirements.
“So also, qualified applicants are to appear in clean white T-shirt and short with the following requirements;
“National Identity Card/Slip; Print Out of Medical Examination Slip and all necessary documents.
“The Assistant Inspector-General of Police Zone 13 Command, AIG Godwin Aghaulor, wishes all prospective candidates success as they embark on this exercise,” he said.

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