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Court Vacates Malabu Oil Forfeiture Order Granted EFCC

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The Abuja division of the Federal High Court has vacated an interim order of forfeiture granted the Economic and Financial Crimes Commission (EFCC) in respect of the Oil Prospecting License (OPL) 245 otherwise known as Malabu Oil.
Also yesterday, three claimnants of stake in Malabu Oil and Gas – Otunba Oyewole Fasawe, Mohammed Sani Abacha and Kweku Amasaga – dragged the federal government and six others before the Abuja division of the Federal High Court over the re-allocation of OPL 245.
Justice John Tsoho of the Federal High Court vacated the order in a ruling he delivered on an application by Shell Nigeria Exploration and Production Company Limited and Nigerian Agip Exploration.
Tsoho in his ruling held that conditions precedents before such order could be issued were not met by the Chairman of the EFCC.
According to the judge, the order of forfeiture ought not to have been granted the EFCC boss in the first instance because he did not meet the required conditions to enjoy such forfeiture order.
He aligned with the submission of the two oil companies that there was no case of tracing of assets or attachment before the EFCC boss rushed to the court to apply and secured the order for forfeiture as part of the condition precedent.
Justice Tsoho also held that the EFCC Chairman was not the proper person that can invoke court jurisdiction for temporary order of forfeiture and that the subject matter, OPL 245 being an oil block is a tangible property not movable.
“I have taken a critical look into the processes filed and submissions by counsel to parties in the matter and I have come to the conclusion that the Chairman of EFCC failed to meet conditions that can enable him enjoy order of temporary forfeiture.
“In effect, the order of temporary forfeiture of January 26, 2017 granted on the application of the EFCC Chairman is hereby set aside and vacated.
With the setting aside of the order of the temporary forfeiture, proceedings in respect of this matter here come to an end,” the Judge said.
Shell Nigeria Exploration and Production Company Limited and Nigeria Agip Exploration Ltd and other individuals had last month in Abuja asked the Federal High Court to discharge the order of forfeiture which it granted the Economic and Financial Crimes Commission (EFCC).
Justice Tsoho had on Thursday, January 26, 2017 granted an order of interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1billion Malabu Oil deal.
It would be recalled that Justice Tsoho granted the order following an ex-parte motion filed by the EFCC through its counsel, Mr Johnson Ojogbane.
The judge had also held that the property should be managed by the Department of Petroleum Resources on behalf of the federal government, pending the conclusion of investigation and prosecution of all those involved.
Recall that the EFCC had on December 20, 2016, charged nine suspects, including Adoke, with respect to the $1.1billion scam.
Other accused persons named in the charges filed by the EFCC before a Federal High Court in Abuja, were Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd, Megatech Engineering Ltd.
The anti-graft agency, in the charges with suit number, HC/ABJ/CR/268/2016, accused Adoke of illegally transferring over $800million purportedly meant for the purchase of the OPL 245 to Etete,  Malabu Oil & Gas Limited from a Federal Government account.
Meanwhile, the Abacha family, Fasawe, Amasaga have draged the FG and 6 others to court over re-allocation of of OPL 245.
within the area covered by OPL 245 and is therefore invalid, wrongful, null and void and of no effect whatsoever.
The plaintiff also wants the court to give a declaration that the grant of OPL 245 by the 2nd defendant to the plaintiff in the exercise of the 2nd defendants powers under Section 2 of the Petroleum Act Cap. P.10 Laws of the Federation of Nigeria, 2004 does not constitute an offence under any penal law in Nigeria and OPL 245 is not the proceeds of any offence or crime under EFCC (Establishment) Act Cap. E1 Laws of the Federation 2004 or any other law in force in Nigeria.
Based on the above, the plaintiff therefore wants the court to make an order compelling the defendants to restore to it its right to the exclusive possession of OPL 245.
In addition, the plaintiff is also praying the court for an order of perpetual injunction restraining the defendants and in particular the 6th defendant from treating and or dealing with OPL 245 as a proceed of an offence and from interfering in any manner whatsoever and howsoever with the plaintiff’s exclusive right to explore and prospect for petroleum in the area of OPL 245.
The plaintiff also wants an order of perpetual injunction restraining the defendants from carrying out any exploration or prospecting activities in connection with or in relation to the area covered by OPL 245.
The matter is yet to be assigned for hearing.

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HoS Hails Fubara Over Provision of Accommodation for Permanent Secretaries

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The Head of Service (HoS) of Rivers State, Dr. Mrs. Inyingi S. I. Brown, has commended Governor Sir Siminalayi Fubara, GSSRS, for approving befitting accommodation for Permanent Secretaries in the state.
This commendation was contained in a press release made available to newsmen in Port Harcourt.
According to the Head of Service, Governor Fubara has continued to demonstrate uncommon commitment to the welfare of civil servants in Rivers State, stressing that such gestures underscore his people-oriented leadership style. She urged civil servants across the state to remain supportive of the governor’s administration in order to sustain good governance and effective public service delivery.
Speaking on behalf of the Body of Permanent Secretaries, Dr. Brown congratulated Governor Fubara on the occasion of his 51st birthday, describing him as “a Governor who leads by serving.”
She further praised the governor’s service-driven and people-centred leadership approach, noting that it has significantly contributed to institutional stability and improved efficiency within the state’s public service. Special appreciation was expressed for the approval of a befitting accommodation complex for Permanent Secretaries, which she said reflects the governor’s commitment to staff welfare and enhanced productivity.
As part of activities to mark the governor’s birthday, the Body of Permanent Secretaries announced the sponsorship of 329 Joint Admissions and Matriculation Board (JAMB) forms for indigent students across the state.
A breakdown of the initiative shows that 319 forms will be distributed across the 319 political wards in Rivers State, while five forms are allocated to non-indigenes and five forms to persons living with disabilities.
Interested applicants are advised to contact the Office of the Permanent Secretary, Ministry of Education, for further details.
The Body of Permanent Secretaries wished Governor Fubara continued good health, divine wisdom, and greater accomplishments in his service to the people of Rivers State.
By John Bibor
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Allegation of Disrespect to President Tinubu Unfounded — Rivers Government

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The attention of the Rivers State Government has been drawn to a statement credited to an acclaimed Rivers State chapter of the National Youth Council of Nigeria (NYCN), purportedly authored by one Bestman Innocent Amadi, alleging that the Governor of Rivers State, His Excellency Sir Siminalayi Fubara, GSSRS, removed the official portrait of the President of the Federal Republic of Nigeria, President Asiwaju Bola Ahmed Tinubu, from the Government House, Port Harcourt.
For the avoidance of doubt, the Rivers State Government wishes to categorically state that there is no policy, directive, or intention on the part of the government or the Governor that disrespects the President of the Federal Republic of Nigeria or undermines the authority of the Federal Government.
On the contrary, the Rivers State Government, under the leadership of Governor Siminalayi Fubara, currently enjoys a robust, cordial, and collaborative relationship with the Federal Government, President Bola Ahmed Tinubu, and the Renewed Hope Agenda—a partnership that is already yielding positive and tangible benefits for the people of Rivers State.
Consequently, the insinuation that the Governor acted out of “ingratitude” or “disrespect” is misleading, irresponsible, inflammatory, and entirely unsupported by verifiable facts, and should therefore be disregarded by the public.
It is regrettable that a body expected to promote youth unity, peace, and responsible engagement would resort to incendiary language, personal attacks, and unsubstantiated claims capable of overheating the polity at a time when Rivers State requires calm, dialogue, and mature leadership.
The Rivers State Government therefore calls on well-meaning members of the public, particularly its esteemed and hardworking youths, to disregard and dissociate themselves from individuals or groups bent on advancing divisive rhetoric and falsehoods for political purposes.
Rivers State belongs to all of us. Political differences must never be allowed to override truth, civility, peace, and the collective pursuit of progress.
Members of the public are further urged to remain vigilant and avoid lending credence to inflammatory statements or the activities of fifth columnists pursuing dubious agendas aimed at sowing discord.
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Rivers Government Dismisses Allegations of Disrespect to President Tinubu

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The Rivers State Government has dismissed as unfounded and misleading allegations that Governor Sir Siminalayi Fubara removed the official portrait of President Asiwaju Bola Ahmed Tinubu from the Government House in Port Harcourt.
In a statement issued on Tuesday, the state government reacted to claims credited to an acclaimed Rivers State chapter of the National Youth Council of Nigeria (NYCN), describing the allegation as false, irresponsible, and unsupported by any verifiable facts.
The government clarified that it has no policy, directive, or intention that disrespects the President of the Federal Republic of Nigeria or undermines the authority of the Federal Government. It emphasized that Governor Fubara maintains a cordial, respectful, and collaborative relationship with President Tinubu and the Federal Government.
According to the statement, the relationship between Rivers State and the Federal Government has grown stronger under the Renewed Hope Agenda, with tangible benefits and positive impacts already being felt by residents of the state.
The Rivers State Government described insinuations that the governor acted out of “ingratitude” or “disrespect” as deliberately provocative, noting that such claims are capable of misleading the public and unnecessarily heating up the polity.
It further expressed concern that an organization expected to promote youth unity and peace would engage in what it termed incendiary language, personal attacks, and unsubstantiated accusations at a time when the state requires calm, dialogue, and responsible leadership.
The government called on well-meaning members of the public, especially the youths of Rivers State, to disregard the claims and dissociate themselves from individuals or groups spreading divisive rhetoric and falsehoods for political purposes.
Reaffirming its commitment to peace, unity, and progress, the state government stressed that political differences must never be allowed to override truth, civility, and the collective interest of the people.
Members of the public were also urged to remain vigilant and not give attention to inflammatory statements or individuals described as fifth columnists bent on causing division within the state.
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