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Hands-Off N12.4bn Gulf Oil Suit, AGF Tells Abuja Court
The Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN, has approached the Abuja Division of the Federal High Court, asking it to hands off the suit seeking to expose how $12.4 billion oil money that accrued to the Federal Government between 1988 and 1994, was spent. Consequently, the judgement which had earlier been deferred for six consecutive times after all the parties had been invited to court on the excuse that there were minor typographical errors which needed correction, was once again adjourned till Thursday, November 29. The trial judge, Justice Gabriel Kolawole apologised to all the parties yesterday, saying, the judgment was not yet ready, as according to him, the AGF recently served him with a motion challenging the jurisdiction of the court to hear and determine the issues raised by the plaintiffs. Justice Kolawole said, he needed time to properly scrutinise the fresh motion by Mr Adoke with a view to incorporating it in the judgment he promised to deliver on November 29. Six civil society groups led by the Socio-Economic Rights and Accountability Project, SERAP had instituted the action under the Fundamental Rights (Enforcement Procedure) Rules 2009. Specifically, the plaintiffs had approached the court seeking “an order of mandamus compelling the respondents, individually and/or collectively, to publish detailed statement of account relating to the spending of $12.4 billion oil windfall between 1988 and 1994, and to publish in major national newspapers a copy of the statement of account.” In 1994, the Federal Government under the administration of late General Sani Abacha constituted the Pius Okigbo Panel to investigate the activities of the Central Bank of Nigeria, CBN, and recommend measures for the re-organization of the apex bank. The Okigbo Panel reportedly discovered that about $12.4 billion which accrued to the country during the Gulf War and was reserved in the “Dedicated and Special Accounts,” of the CBN had been depleted to $200 million by June 1994. Following the alleged mismanagement of the money during the administration of the then Military President, General Ibrahim Babangida, the investigative Panel recommended an immediate discontinuance of the said “Dedicated and Special Accounts.’’ Though verdict on the matter was stalled since October 2011, when hearing was concluded, Justice Kolawole invited the parties in court to re-adopt the processes they filed on September 26, 2012. This was after the plaintiffs had claimed that the non-delivery of the verdict was aimed at thwarting the course of justice on the matter. Meanwhile, the plaintiffs have already filed a counter-affidavit, challenging the competence of the AGF’s motion seeking to scuttle the verdict. The AGF had contended that the plaintiffs lack the locus-standi to institute and maintain the action. SERAP had in its suit, asked the court to order the AGF to prosecute anyone indicted by the Okigbo report, as well recover and return the money to the national treasury. Besides, the plaintiffs further asked the court for an order directing the respondents to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repatriation of the money to millions of Nigerians that had been denied their human rights as a result of the respondents’ failure and/or negligence to ensure transparency and accountability in the spending of $12.4 billion oil windfall between 1988 and 1994. In two separate preliminary objections by the AGF and the CBN, which was equally joined as a respondent in the suit, they urged the court to dismiss the suit in its entirety. The two defendants also asked the court to reject the Okigbo Panel’s report, saying it was not admissible in law considering that it was neither gazzetted nor a White Paper issued on it. They maintained that they could not find the Okigbo report, and had no duty to render account on the spending of the accrued revenue. The CBN insisted that the suit was non justiceable, contending that it was not covered under the fundamental rights provisions of sections 33-46 of the 1999 Constitution. The apex bank submitted that only the AGF, as a defender of public interest, had the right to seek information on the spending of the $12.4 billion oil windfall, pointing out that the plaintiffs had no such right. The plaintiffs however, countered, saying that their legal action against the government was prompted by “the failure of the AGF to carry out his duty in this respect.” They further argued that: “The diversion and/or mismanagement of the $12.4 billion oil windfall was a violation of Nigerians’ right to natural resources and wealth and to economic development, as recognized and guaranteed by 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act)”, noting that under the African Charter, the Nigerian government has a legal responsibility to utilize the natural resources of the country to benefit the whole people. “Just as the people of every sovereign state have a permanent right to choose their form of government, so the people are entitled to insist that the natural resources of the nation are exploited in the interest of the people,” they added.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.