News
Court Vacates Malabu Oil Forfeiture Order Granted EFCC
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.
News
Pharmacy Council Seals 666 Medicine Stores In Kaduna Markets
The Pharmacy Council of Nigeria (PCN), in an enforcement excercise, shut down 666 medicine stores in open drug markets and other locations in Kaduna state .
Addressing newsmen yesterday in Kaduna, the Director Enforcement of the PCN, Stephen Esumobi, said the PCN also carried out the enforcement excercise in Zaria LGA of the state.
At the end of the enforcement which began early in the week, Esumobi said a total of 895 premises were visited.
“ We visited 75 pharmacies, 514 patent medicine shops, 306 other premises .
“The premises sealed included 47 pharmacies, 313 patent medicine shops and 306 illegal medicine shops,” he said.
He explained that the presmises were sealed for offences ranging from sale of medicines in the open drug market, operating without registration with PCN, poor documentation, poor storage facilities, stocking of ethical products without the supervision of a pharmacist.
Esumobi added that other offences were wholesalers engaging in retail activities, non-pharmacists having access to poison cupboards, patent medicine shops engaging in clinical practice and training apprentices among others.
“One major obstacle militating against the quality, safety and efficacy of medicines in Nigeria is the sale of medicines in open drug markets.
“Many medicine shops in the open drug markets and some other locations across the Kaduna state are not registered by the PCN and are operating illegally.
“The storage conditions for medicines in these premises are poor as medicines are stored at temperature and humidity conditions that are at variance with manufacturers recommnendations.
“The implication of this is that most of the medicines sold in these locations may no longer be fit for human consumption due to degradation of the active ingredients.
“Some of the products of degradation of these medicines are harmful thus posing a threat to public health.
“The premises do not have pharmacists to supervise the sale of ethical medicines and other medicines with narrow margin of safety thus exposing consumers to harmful consequences of the wrong use of the medicines,”he said.
Speaking further, the director said most of the medicine dealers engage in the illegal sale of substances of abuse to members of the public, thereby aggravating the social and security challenges emanating from the illicit use of the medicines.
He said the PCN had communicated on many occasions with the relevant stakeholders in open drug markets in Zaria and Kaduna city on the need to relocate to registrable locations or a coordinated wholesale centre as their activities are in total violation of the National Drug Distribution Guidelines.
News
Flood: Food Shortage Hits Maiduguri
There is growing concern over shortage of foodstuff and other commodities in Maiduguri as thousands of residents struggle for survival, aftermath ravaging flood.
The Tide’s source reports that the flood submerged major markets including grain, fruit and vegetable depots in the town, while many shopping complexes and plazas continue to remain closed.
The development had led to shortage of food items making the prices of the few available ones to be high.
“It is difficult to find foodstuff now as all major markets are submerged.
“I can’t operate my restaurant in-spite of pressure from customers, because the foodstuff I stocked have been exhausted,” Hajara Mohammed said.
Other food vendors who attended to customers the previous day, including, Amina Isa, Rhoda Abdullahi and Jummai Mohammed said their stocks had also been exhausted and there was nowhere to restock.
The Tide source reports that the health sector was also affected as a result of the flood that submerged the University of Maiduguri Teaching Hospital and Maiduguri Specialist Hospital.
Already, some residents have started showing concern over possible public health crisis, including outbreaks of cholera, typhoid and other water borne diseases.
They specifically expressed worry over the flood that washed away corpses at the Maiduguri cemetery.
Meanwhile, Gov. Babagana Zulum had gone round some emergency camps to distribute cash to displaced persons as they awaits the arrival of foodstuff.
News
Stop Bullying Nigerians, Seadogs Tells Security Agencies
The National Association of Seadogs (Pyrates Confraternity) has urged security agencies to stop bullying innocent Nigerians, criticising the infringement on fundamental human rights and the undermining of Nigeria’s democratic values.
In a statement by NAS Cap’n, Dr Joseph Oteri, the association expressed concern that despite the current economic challenges and the escalating insecurity in the country, security agencies are compounding the situation by harassing innocent citizens.
Citing the recent arrest of the President of the Nigeria Labour Congress and the terrorism charges against several anti-high cost of living protesters, the association lamented the alarming trend of security agencies using the pretext of combating terrorism to bully law-abiding citizens.
The statement read, “The National Association of Seadogs (Pyrates Confraternity) is deeply troubled by the economic challenges facing Nigerians and the rising insecurity gripping our nation.
“Nigeria, as Africa’s largest economy, is grappling with issues such as high inflation, foreign exchange rate volatility, low productivity, weak governance, and inadequate infrastructure. These challenges not only threaten our growth prospects but also jeopardise stability.
“In addition to these pressing concerns, insecurity in Nigeria is escalating. A recent report by SBM Intelligence revealing 7,568 kidnappings in 1,130 incidents between July 2023 and June 2024 highlights the growing insecurity affecting our country.
“Amid these alarming circumstances, where Nigerians are
already suffering from economic hardships and living in fear due to rising insecurity, it is disheartening to witness security agencies bullying innocent citizens under the guise of counter-terrorism.”
The NAS Cap’n further stated that such heavy-handed tactics violate fundamental human rights and erode the trust between citizens and the security forces tasked with their protection.
He added, “The National Association of Seadogs (Pyrates Confraternity) unequivocally condemns these actions by security agencies that trample on basic human rights and undermine democratic principles.”
The association called for a thorough investigation into the persecution of innocent Nigerians, stressing that the country’s democracy is founded on fairness, justice, and equality before the law.
“It is incumbent upon all relevant authorities at federal, state, and local levels to ensure that those responsible for violating the rights of Nigerian citizens are held accountable within Nigerian laws and international human rights standards.
“We urge all stakeholders, including government bodies, civil society organisations, religious leaders, and the media, to collaborate in finding lasting solutions to improve the safety and well-being of our fellow citizens.
“We must unite to condemn the bullying of innocent Nigerians and give them a voice. They do not deserve the injustices inflicted upon them, especially in these times when many families are struggling with harsh economic realities and pervasive insecurity across the country. We must stand together to ensure such injustices are not tolerated in our society,” he concluded.
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