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S’Court Reserves Ruling In Union Bank’s Suit Against $15bn Judgment Debt …Queries Prosecutor’s Authority To Try Convicted Ex-Pension Director
The Supreme Court, yesterday, in Abuja, reserved ruling on a motion by Union Bank Plc seeking among others, leave to appeal against a June 5, 2018 judgment of the Court of Appeal in which the bank and three others were ordered to pay an oil and gas firm – Petro Union Limited – about $15billion.
A five-member panel of the apex court, led by Justice Musa Dattijo Muhammad, after listening to arguments by lawyers to parties, said they would be informed when the ruling was ready.
Union Bank’s lawyer, Adegboyega Awomolo (SAN) while arguing the motion, said it contains nine reliefs, among which was an order for leave for extension of time to file appeal and another order for leave to appeal under Order 6 Rule 2(1) of the Supreme Court’s Rules.
Awomolo said his clients seek to raise fresh grounds of appeal and introduce new evidence necessary for a fair and just determination of the court.
He noted that it was strange that, while the judgments of the Federal High Court, Abuja (delivered on March 11, 2014) and the subsequent one by the Court of Appeal (which affirmed the Federal High Court judgment) were based on a £2.556b cheque alleged lodged in Union Bank by Petro Union, the said cheque was never tendered in court.
Awomolo said his client intends to show that Petro Union obtained both judgments by fraud.
He noted that Petro Union’s lawyer, Joe Gadzama (SAN) was only opposed to the grant of reliefs four and six out of the nine reliefs.
He urged the court to disregard the objection raised by Petro Union against his motion and prayed the court to grant his motion on the merit.
Olabisisi Soyebo (SAN) for the Central Bank of Nigeria (CBN) and Tijani Gazali (SAN) for the Attorney General of the Federation and Minister of Finance did not object to Union Bank’s motion.
Soyebo and Gazali, who said they did not file any process in relation to the motion, urged the court to grant it in view of the colossal amount involved and its possible implication on the nation’s economy.
Gadzama, in his response, said he vehemently opposed the motion factually and in law.
He urged the court to uphold the objection he raised and dismissed the motion on the grounds that Union Bank has not given valid and cogent reasons why leave should be granted it.
Earlier, the court finally resolved the dispute over who should represent Petro Union between Gazama and Onyechi Egwuonwu.
The court said, by its earlier ruling on July 6, 2021, it had found that Gadzama was the actual lawyer for Petro Union. It then barred Egwuonwu from further participating in the proceedings.
Petro Union had, in 1994 allegedly procured a cheque from a branch of Barclays Bank in the United Kingdom with a value of £2.556b wich it lodged in a Union Bank branch in Lagos under the pretext that the funds were to be used to construct three petrochemical refinery complexes and a bank in Nigeria.
On March 22, 2012, Petro Union sued at the Federal High Court, Abuja and sought, among others, an order of mandamus compelling the CBN, Union Bank of Nigeria Plc, Minister of Finance and the Attorney-General of the Federation to pay £2,556,000,000.00 to it.
In the suit, marked FHC/ABJ/M/104/2012 Petro Union claimed that the money was deposited with Union Bank in 1994n adding that Union Bank received £2,556,000,000.00 on its behalf and transferred £2,159,221,318.54 to the CBN while it retained £396,778,681.46 as commission.
The defendants – Union Bank, CBN, Minister of Finance and AGF – in their separate counter-affidavits, denied Petro Union’s claims.
But, in the March 11, 2014 judgment, Justice Adamu Abdu-Kafarati of the Federal High Court, Abuja (now late) held in favour of Petro Union and their directors against the defendants.
Justice Kafarati held, among others, that Union Bank was liable to Petro Union in the sum of £396,778,681.46 being the balance of Petro Union’s foreign capital which it supposedly deposited with the Bank in 1994 and that the CBN was liable to the oil firm for the sum of £2,159,221,318.54.
The liabilities were held by the court to be joint and several against all the four defendants – CBN, Union Bank, Minister of Finance and AGF.
Out of the four defendants, only Union Bank and the CBN appealed the judgment of the Federal High Court.
On June 5, 2018, the Court of Appeal, Abuja gave judgment in the appeal by Union Bank and upheld the judgment by Justice Kafarati.
It is yet to determine the appeal by the CBN.
Similarly, the Supreme Court, yesterday, demanded from the law firm of Rotimi Jacobs and Co the fiat issued to it by the Attorney General of the Federation (AGF) to prosecuted John Yakubu Yusufu, who was convicted for diverting N24billion.
Yusufu, a former Deputy Director in the Federal Civil Service Pension Office, who is serving his six-year sentence, appealed to the Supreme Court to have the 2018 judgment of the Court of Appeal, Abuja set aside.
At the mention of the case, yesterday, Theodore Maiyaki announced an appearance for the appellant.
When Oluwaleke Atolagbe (from the firm of Rotimi Jacobs & Co) announced appearance for the respondent (the Federal Republic of Nigeria), a member of the court’s five-justices panel, Justice Centus Nweze sought to know if he (Atolagbe) was from the office of the Attorney General of te Federation (AGF).
Atolagbe said he is a private lawyer from, whose firm was instructed by the Economic and Financial Crimes Commission (EFCC) to prosecute the case from the trial court.
Justice Nweze insisted that Atolagbe must present the fiat issued is firm by the AGF before further steps could be taken in the case.
When asked by the head of the panel, Justice Musa Dattijo Muhammad, if he has the fiat with him in court, Atolagbe said no, but that a letter from the EFCC, authorising his firm to prosecute the case, was in the office.
In a ruling, Justice Muhammad said, although the court sympathised with the appellant (who Maiyaki said was currently in a correctional facility), further proceedings in te case would be suspended pending when the respondent produces the fiat issue on which basis it prosecuted the case.
Justice Muhammad then adjourned January 27, 2022 at the instance of the respondent.
Justice Abubakar Talba of the High Court of the Feral Capital Territory (FCT) had, in a judgment on January 28, 2013 convicted Yusufu on a three-count charge to which he pleaded guilty following a plea bargain agreement with the prosecuting agency, the Economic and Financial Crimes Commission (EFCC).
Justice Talba had sentenced him to two years imprisonment on each count, with the option of N250,000 for each count, a decision the EFCC appealed.
In its judgment on March 21, 2018 the Appeal Court reversed the judgment of the High Court of the FCT and sentenced Yusufu to a cumulative six years imprisonment.
The appellate court then ordered to refund N22.9 billion to Federal Government’s coffers, a decision e appealed to the Supreme Court.
Although the Appeal Court’s judgment was given in 2018, Yusufu remained a free man until June 2020 when the EFCC arrest announced that its operatives arrested him in Gombe State.
He was later taken before Justice Hussein Baba-Yusuf of the High Court of the FCT, who on June 22, 2020 ordered him to be sent to prison to serve his sentence.
News
Fubara Tasks Nigeria’s Surveyor-General On C of O …Says Surveyors’ Role Pivotal In Governance
Rivers State Governor, Sir Siminialayi Fubara, has expressed concern over certain unprofessional practices within the surveying profession, urging practitioners to address issues surrounding the acquisition of Rights of Way and seismic operations in the State.
The governor also raised strong objections to what he described as threats to land ownership and title in the State through the alleged issuance of Federal Certificates of Occupancy by the Office of the Surveyor-General of the Federation and other affiliated federal agencies.
According to him, such actions are contrary to Section 1 of the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004, which vests all land within a state in the Governor as trustee on behalf of the people.
Fubara made the remarks while speaking as Special Guest at the National Conference of the Association of Private Practicing Surveyors of Nigeria (APPSN), a sub-group of the National Institute of Surveyors (NIS), held at the Obi-Wali Cultural Centre, Port-Harcourt, yesterday.
Represented by the Secretary to the State Government, Dr Benibo Anabraba, the governor also expressed concern over the problem of land grabbing through illegal survey plans and the payment of inadequate compensation to landowners during compulsory land acquisition for oil and gas exploration by licence holders, urging surveyors to uphold professionalism and fairness in their practice.
He said such illegal activities negatively affect the development of the State.
Fubara urged surveyors to promote ethical and sustainable planning practices that protect the environment, including the preservation of green spaces, marine areas, and forest reserves.
He described the role of surveyors as pivotal to the growth, development, peace, and orderly governance of any society.
According to him, the services of surveyors are critical to physical and urban planning, housing development, land administration, and the provision of infrastructure.
He stressed that surveyors play indispensable roles in land use and management, infrastructure provision, environmental management, and conflict resolution, noting that their presence in government ministries, departments, and agencies ensures adherence to best practices.
“The role of surveyors in governance is pivotal to the growth, development, peace, and order of society, particularly in land administration, infrastructure development, environmental management, and conflict resolution,” the governor said.
He noted that the conference theme, “Mapping the Future: The Vital Roles of Surveyors in the Nigerian Oil and Gas Industry,” was particularly significant to Rivers State, given its position as the hydrocarbon heartbeat of the nation.
The President of the Nigerian Institution of Surveyors (NIS), Surv. Pius Eze, urged all participants to optimize the opportunity provided by the conference for professional upgrading and networking, adding that the conference displays consistency of vision and dedication to the welfare of private practitioners.
The National Chairman of APPSN, Surv. Simepiriye Kalio, thanked leaders and members of the association for their sacrifices to achieving the successes recorded.
The Chairman of APPSN, Rivers State chapter, Surv. Andy Nwikinane, said that the association was working with relevant stakeholders to prevent the infiltration of quacks in the profession.
News
African Leaders Should Be Under 50 -Jonathan
Former President Goodluck Jonathan has called for a generational shift in African leadership, urging countries across the continent to deliberately promote younger leaders between the ages of 25 and 50.
According to him, younger leaders are more physically and mentally equipped for the rigours of modern governance.
Jonathan made the call in Abuja, yesterday, at the International Memorial Lecture and Leadership Conference marking the 50th anniversary of the assassination of former Head of State, General Murtala Ramat Muhammed.
Reflecting on the demands of leadership, the former president recalled that while in office, he sometimes had no more than two hours of sleep in 24 hours, stressing that advanced age can limit the capacity to cope with the pressures of governance.
“Why do we begin to think that you must be a hundred years old before you can rule your country?” Jonathan asked.
He noted that leadership requires unusual stamina and resilience, arguing that younger leaders are better positioned to withstand the pressure.
“If they need to stay awake for 24 hours, they can stay awake for 24 hours. When I was in office, some days I did not sleep up to two hours. If you subject an older person to that kind of stress, the person will spend 50 per cent of the time in hospital,” he said.
Jonathan aligned his position with the spirit of Nigeria’s “Not Too Young To Run” movement, which seeks to lower age barriers for elective offices and encourage youth participation in politics.
“I have to reinforce the Not Too Young To Run movement. We have to bring some of these age limits down. If we are looking for people who can run nations in Africa, we should look within the 25 to 50 age bracket. That is when you can be very vibrant, physically strong and mentally sound,” he said.
He also questioned the practice of some public office holders spending extended periods outside their states or countries.
“In a country like the United States, some governors do not leave their states for four years. But here, some of our governors spend 50 per cent of their time outside. So who runs the state? Why will we not have security problems? Coming of age must transcend many things. First and foremost, we must have the discipline to manage ourselves,” he added.
Reflecting on the legacy of General Murtala Muhammed, Jonathan said the late leader demonstrated that age was not a barrier to decisive and visionary leadership. Muhammed became Head of State at 38 and, despite ruling for only 200 days, left a lasting impact.
“General Murtala Muhammed assumed office at the very young age of 38. Despite a tenure of only 200 days, his achievements were profound because he was driven by a clear, unyielding vision.
“His leadership sent a clear message: leadership was to serve the national interest, not personal ambition,” Jonathan said.
The former president also referenced other Nigerian leaders who assumed office at relatively young ages, including General Yakubu Gowon, who became Head of State at 32 and later introduced the National Youth Service Corps, which remains in existence to this day.
“Young man of 32 managed to pull the country through the civil war. So why do we now think leadership must only come at old age?” he asked.
However, Jonathan cautioned that youth alone is insufficient without discipline, patriotism and strong institutions.
While praising Muhammad’s decisiveness, he stressed that democracy depends more on institutions than on individuals.
“Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Above all, it requires respect for the rule of law and the willingness to submit power to the will of the people,” he said.
He urged African leaders to view governance as stewardship rather than entitlement and encouraged young people to see leadership as service.
“Young people must see leadership as service, not entitlement. Leaders must see governance as stewardship, not a right,” he said.
“I sometimes remember when I contested as a deputy governorship candidate. You had to be 40 years old before you could even be a senator, a deputy governor or a governor, not to talk about president. Yet the Head of State we are celebrating today assumed office at 38,” he added.
Calling on Nigerians and Africans to draw lessons from history, Jonathan said leadership should be measured by impact rather than duration in office.
“As we mark 50 years of General Murtala Muhammed’s legacy, let us remember that leadership is not measured by how long you govern; it is measured by the courage to act decisively when the nation needs direction and by the impact you make on society,” he said.
He emphasised that while military leaders govern by command and authority, democracy demands a different approach anchored on strong institutions, credible electoral bodies, an independent judiciary, well-trained security agencies and accountable governance systems.
“While General Murtala Muhammed symbolised decisive leadership, our democratic future depends on strong institutions. Democracy requires vision rather than decree. It requires persuasion instead of command. It depends on institutions, not individuals. Democracy also demands restraint and respect for the rule of law,” Jonathan said.
News
Police Bust Kidnapping Syndicate In PH
The Rivers State Police Command has confirmed the arrest of two men linked to a criminal syndicate that lured, kidnapped, and robbed women working as “run girls” in Port Harcourt hotels.
The suspects, 27-year-old Albert Koko-Ete Hanson and 18-year-old Wisdom Okon from Abak Local Government Area of Akwa Ibom State, were apprehended after victims reported the crimes to hotel security.
One of the victims, simply identified as Faith, told the police that she was invited to a hotel under the pretense of a client request and was led to a two-bedroom apartment where the suspects were staying.
She said the suspects showed her a photograph of another woman, whom they claimed was owing them N5 million, and demanded her phone password to access her bank account. Her phone was seized, though she had no money in her account.
Faith also alleged that another female victim had already been tied and blindfolded in a bathroom, and both were later stripped and sexually assaulted, with threats of organ harvesting reportedly made by the suspects.
It was learnt that a third victim alerted friends in the hotel via text message while the suspects tried to access her bank app. The quick action of the hotel security team led to the rescue of all the three victims.
The prime suspect, Albert Koko-Ete, reportedly confessed to the crimes and revealed that he had been operating the syndicate for six years, earning over N18 million naira.
Rivers State Police Public Relations Officer, CSP Grace Iringe-Koko, warned young women against engaging in prostitution, citing the high risks involved.
Iringe-Koko advised women to acquire skills and seek legitimate means of income, revealing that the syndicate specifically targeted women with high-end devices such as iPhone 15 and above.
The Police confirmed that the suspects’ method involved identifying women they could abduct to extort money from them or their relatives.
The Police said the suspects remain in custody and will be arraigned in court once investigations are complete.
The Command reiterated its commitment to protecting citizens and dismantling criminal networks preying on vulnerable individuals.
King Onunwor
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