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Excess Crude Account: FG Makes U-Turn …Begs Govs For Out-Of-Court Settlement

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The Federal Government yesterday pleaded with the 36 state governors for out of court settlement in a lawsuit instituted by them, challenging the legality of the Excess Crude Account and the decision to transfer $1billion from the account to the Sovereign Wealth Funds (SWF).

Yesterday’s request contradicted the Federal Government’s earlier stance on the matter.

The Supreme Court panel headed by the Chief Justice of Nigeria, Justice Dahiru Musdapher, could not hide its anger at the inconsistent positions of the Federal Government in the case three years after it started.

It would be recalled that the Federal Government had earlier admitted that it had been handling the Federation Account since 2004 in breach of Section 162 of the Constitution and that the Excess Crude Account was illegal.

The government had also posited that there was no need to litigate on issues of law that were clear and unambiguous, stressing that out of court settlement was the best option.

The position triggered a long discussion only for the Federal Government to later turn around and insisted on going ahead with the trial of the case.

A long list of time-bound political cases had halted hearing in the case.

Justice Musdapher had  convoked a fresh panel headed by him to look at the merit of the suit.

But as soon as the apex court decided to go into the matter, the Federal Government came with a fresh application for more time to settle out of court.

But the states, which were poised for a showdown, accused the Federal Government of insincerity in its promise to settle out of court.

Counsel to the states, Yusuf Alli, SAN, said that his clients wanted the issue resolved “once and for all.”

But the counsel to the Federal Government, Austine Alegeh, SAN, pleaded with the court to allow a short adjournment to enable the parties hold further discussion and resolve the dispute amicably.

He said that almost all the issues had been resolved and that outstanding ones could still be resolved out of court by the parties.

Although Justice Musdapher was reluctant to grant an adjournment, he conceded to the request.

The CJN expressed concern at the inability of both parties to reach a compromise even as he rhetorically asked, “if states and the Federal Government are not ready to uphold the sanctity of the constitution, who else will?”

He consequently adjourned the case to May 21, 2012 for the parties to report back to the court how far they had gone with the out of court settlement arrangement.

Governors of the 36 states had gone to court to seek an order compelling the Federal Government to pay into the Federation Account N5.51trn being the balance of the money that accrued to the central purse between 2004 and 2007 from the proceeds of crude oil sales, petroleum profits tax and oil royalties.

The Federal Government had classified such earnings as “excess crude proceeds” and “excess PPT and royalties”, which were paid into an account, termed the “Excess Crude Account.”

The governors also asked the court to order the Federal Government to transfer to the Federation Account all sums standing to the credit of the Excess Crude Account.

However, in a counter affidavit filed last week on behalf of the Federal Government by the law firm of Alegeh and Co., it said efforts to find a common ground did not succeed.

In an affidavit deposed to by a lawyer in the firm, Mr. Uchena Njoku, he said: “I know as a fact that subsequent to the institution of the substantive case, the parties explored the possibility of an amicable settlement of the issues discernible in the case and mutually sought several adjournments of the case to enable them to conclude the settlement option and report same to the court.

“That when it became clear the plaintiffs/applicants were not amenable to the settlement options, discussions in this regard were called off and parties accordingly informed the court.”

The Federal Government also accused the states of mischief because they took part in the deliberation of the National Economic Council where the decision to transfer the $1billion from the Excess Crude Account to the SWF was taken.

It added that the states had also been receiving their shares from the money and accused them of insincerity.

In response, the states insisted that they had shared only the legitimate funds deposited in the Federation Account and not from the funds illegally deposited in the Excess Crude Account.

While asking the Supreme Court to refuse the application by the states to stop the transfer of the $1billion to the SWF, the Federal Government’s counsel said his client would run into problem if the application was granted.

He said the day-to-day running of the nation’s economy would be put in danger if the application was granted.

The governors, through their lawyer, Chief Adegboyega Awomolo, had applied to the Supreme Court to restrain the Federal Government from making any withdrawals from the account pending the hearing and determination of the suit filed in 2008.

Members of the Rivers State House of Assembly Service Commission taking their oath of office, during their swearing-in ceremony at Government House, Port Harcourt, yesterday.

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Our Policies Are Geared Towards Protecting Rivers Interest -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.

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Our Legacy’ll Leave Lasting Impression On Rivers People -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.

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We’re Determined To Leave Legacy Of Quality Education -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has promised to give the best attention to the education sector so that standard and quality learning will never be compromised in the State.
The governor emphasised that in achieving such legacy, schools in the State will be driven with a curriculum that will equip school-aged children to become competitive, innovative and self-reliant.
Governor Fubara made the assertion while inaugurating the Governing Council of Rivers State University at Government House in Port Harcourt on Wednesday.
He said: “There is a lot of noise everywhere: people asking what we are doing; that we are not focused, and that we don’t have direction.
”But I want to tell the world that we are focused and aware that we cannot grow if our energies are not channeled to education. Not just education, but purposeful education.
”Education that is creative. Education that gives you independence. We have left the era in the world when you speak too much grammar. We are in such times when it is what you can do with your hands.
”Our purpose for education is that we should bring back our academic programmes to where, at the end of your studies, you don’t need a job but you create jobs. When one creates a job, you automatically employ others. That is what I want this council to see as their task.”
Governor Fubara noted the non-existence of public secondary schools for the male child in the Diobu axis of Port Harcourt.
He said such negligence leaves children in that area who have completed primary education, and whose parents cannot afford sending them to far away secondary schools, to roam the streets, and therefore becoming willing tools for criminality.
Governor Fubara assured that such fundamental problem will be addressed by his administration as a measure to curb the negative impression associated with Diobu axis of Port Harcourt.
The governor said he trusts in the capacity of the members of the Governing Council of Rivers State University to bring about positive change in the institution while also contributing their quota to improving the general education standard in the State.
”I charge you, not just in terms of administering the affairs of the university, but let us add something different from the normal things that we already have to see new things.”
In her response, on behalf of the other members, the Pro-Chancellor of the Governing Council of Rivers State University, Justice Mary Odili (rtd), thanked the governor for finding them worthy to serve in such capacity.
Justice Odili assured they will work assiduously as a team to solve the problems that agitate the mind of the governor and ensure their contributions form part of the legacy that will be bequeathed by his administration.
The members included Justice Mary Odili (rtd) as the Pro-Chancellor and Chairman of the Governing Council with Barrister Mela Oforibika and Chukwuma Chinwo, Esq.
Others were Adata Bio-Briggs, Esq., Dr. Jonathan Nimi Hart, Ngo Martins-Yellowe, Dr. Nancy Nwankwo, Dr. Igoni William-Park, and Mr. Ogbugbu Barisua.

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