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Lawyers, Group Petition Malami Over Transfer Of NDDC To Ministry …Give Akpabio 14-Day Ultimatum To Reverse Action

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Strong indications have emerged that crisis looms following the transfer of the Niger Delta Development Commission (NDDC) from the Presidency to the Ministry of Niger Delta Affairs as lawyers and a group under the aegis of Accountable Leadership for Better Nigeria Initiative (ALBNI) have kicked against the action.
Subsequently, the lawyers and the group have written a letter of protest to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, to, as a matter of urgency, carry out a holistic investigation into why President Muhammadu Buhari took the decision to transfer the agency to the ministry.
According to them, the Minister of Niger Delta Affairs and former Akwa Ibom State governor, Senator Godswill Akpabio wrote to the Chief of Staff to President Muhammadu Buhari, Abba Kyari, requesting the transfer, which was approved.
In a letter to Malami, signed by Tolu Babaleye, on behalf of the group, Akpabio has been given a 14-day ultimatum to reverse the action, warning that failure to do that would force them to approach the court for redress.
In the letter dated October 10, and entitled, “Illegal Transfer of Niger Delta Development Commission from Presidency to Ministry of Niger Delta Affairs: Demand for Immediate Reversal”, the group expressed displeasure and sadness over the recent illegal, and what it described as unlawful action taken by the duo of Akpabio and Abba Kyari.
The group warned that if not checked, the development might lay a bad precedent in the country, hence it became imperative to bring the action to the notice of the chief law officer of the federation and Justice Ministry to unearth the underlying factor which necessitated such action.
The letter read, “We are the solicitors to Accountable Leadership for Better Nigeria Initiative of No. 9A, Nnewi Street, Area 2, Garki, Abuja, and Act Initiatives of Suite C10, PEB 04 Plaza, Plot 2027, Dalaba Street, Wuse, Zone 5, Abuja, (hereinafter freely referred to as our clients), and it is on their instructions and behest that this letter is caused to be remitted to you.
“Our clients are reputable non-governmental organizations with commitment and passion for an orderly society and a better Nigeria where things are done by leaders in accordance with the laid down legal standards to engender good governance for the betterment of the citizenry.
“Our clients, as good governance watchdogs, wish to use this medium to express their displeasure and sadness over the recent illegal and unlawful action taken by the duo of the Honourable Minister of Niger Delta Affairs, Senator Godswill Akpabio and the Chief of Staff to President Muhammadu Buhari, Mr. Abba Kyari, which, if not checked, might lay a bad precedent in the country, and our clients feel very strongly that this must be brought to the notice and knowledge of the chief law officer of the federation and Justice Ministry to unearth the underlying factor necessitating such action.
“Your Honourable Sir, via a letter dated September 2, 2019, with Reference No. SH/COS/81/A/1900 signed by Mr. Abba Kyari, and addressed to Honourable Minister, Ministry of Niger Delta Affairs, which is under the supervision of Senator Goodwill Akpabio, the former granted the request of the latter by transferring and purportedly delegating the management and control of the Niger Delta Development Commission to the ministry under Senator Goodwill Akpabio without consultation with the relevant stakeholders; which action is against the law of the land as the Office of the President of the Federal Republic of Nigeria is by virtue of Section 7 of the Niger Delta Development Commission Act charged with the sole responsibility of overseeing the affairs of the commission and same is not delegate-able to any person or body. The principle is delegatus non-potest delegare.
“Our clients are left in awe as to the rationale behind the actions of Messrs Kyari and Akpabio and the pecuniary gains they intend to get in brazenly circumventing the law.
“As stakeholders in the Nigeria project, our clients are greatly concerned and profoundly worried about this patently illegal and unlawful act being perpetrated by men on whom President Muhammadu Buhari rely to help him drive his administration mantra which is based on Next-level goal and good governance.
“This is disheartening and disconcerting, to say the least. Our clients are of the strong opinion that this ugly development must not be allowed to be swept under the carpet, hence this letter of petition to your exalted office for reversal of this infraction of our Constitution and NDDC Act.
“In the light of the foregoing, our clients hereby unequivocally demand immediate reversal of the action of Messrs Kyari and Akpabio and restore the Niger Delta Development Commission to its appropriate and original statutory domain as an autonomous commission which is the Office of the President of the Federal Republic of Nigeria in the interest of the Nigerian public, public probity and good governance.
“We on behalf of our client believe that your exalted office should be able to work on the reversal and achieve it within 14 days of service of this letter on you including the date of service.
“We shall take to our client’s outstanding instructions of taking the matter to court at the expiration of the time stated above if the matter is not resolved to the knowledge of Nigerians.
“While waiting for feedback from your exalted office on this petition, please, accept the esteem of our due professional regards and warmest compliments of our clients.”
Meanwhile, as reactions continue to trail the planned transfer of Niger Delta Development Commission (NDDC) from the office of the Presidency to the Ministry of Niger Delta Affairs, a non-governmental organization, the Niger Delta Youth Coalition (NDYC) has opposed the move, saying it would be counter-productive.
The National Coordinator of the NDYC, Prince Emmanuel Ogba, said such move would make the commission less effective in delivering development to the Niger Delta region.
Ogba said in an interview with our correspondent, yesterday, in Port Harcourt, that, “If the commission is finding it difficult to make needed impact on the people when it is under the direct supervision of the Presidency, it will even be worse under the supervision of the Niger Delta Ministry”.
He described those behind the new move as enemies of the region, urged the Federal Government to rather think of a better way of reviving the commission to provide development as an interventionist agency than transferring it to the ministry.
“The whole idea is funny in the sense that even the Niger Delta Ministry we are talking about is showing obvious sign of a failed ministry. It needs help.
“Since its creation, what reasonable impact can you attribute to the ministry in terms of meaningful projects’ execution?
“So, transferring the supervision of the NDDC from the Presidency to the Niger Delta Ministry will kill these two organs of development and that will spell doom for the region”, he said.
He advised President Muhammadu Buhari to disregard the suggestion, stressing that such idea could only come from those who do not mean well for the region and also want Buhari’s administration to fail in the region.
The NDYC boss called on Buhari to focus on unmasking those who defrauded the commission and made it fail with huge number of abandoned projects.
“Trace the stolen wealth of the commission and strengthen the supervision of the agency, and you will see remarkable difference”, Ogba said.
Ogba further pointed out that the move to transfer the commission away from the Presidency contradicts the act that established the commission.

 

Chris Oluoh

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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