Nation
Nigeria Faces $500m Penalty For Alleged Default On Mambilla Power Deal
The Federal Government could end up paying $500million to an electricity transmission company for allegedly defaulting on a $200million settlement agreement it entered into with the firm.
The Sunrise Power and Transmission Company Limited (SPTCL) is seeking to be paid $500million after government allegedly failed to pay the $200million compensation it offered following the termination of the contract to construct Mambilla hydropower project located in Taraba State.
The settlement was meant to make Sunrise relinquish all claims to the $5.8billion project, which has been grounded for 14 years, and was originally to generate 3,050 megawatts but later reviewed, to 1,525 megawatts.
Government has since re-awarded the same contract to a Chinese firm with Sunrise claiming that the development did not follow due process.
It subsequently approached the International Court of Arbitration in Paris, France for redress, reminiscent of the legal battle between the Federal Government and the Irish firm, Process and Industrial Development (P&ID).
In documents now in the public space, the Federal Government, represented by Power Minister, Sale Mamman, and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had committed the government to pay the $200million penalty in addition to the original terms of settlement, while Chairman of Sunrise, Leno Adesanya, and Legal Counsel, Jeremie Chouraqui, signed for the company.
Both sides, under the settlement agreement of January 21, 2020, had mutually “resolved that the FGN shall pay Sunrise the net sum of $200million in irrevocable and immediately available funds to Sunrise’s designated bank accounts which shall be stated in the invoice to be submitted by Sunrise within the stipulated time frame.”
The agreement stipulated that the sum of $200million “shall be paid in one or two tranches within 150 calendar days (five months) from the date of execution of this addendum, as follows: first $100million within 30 calendar days of execution of the agreement. The remaining balance of $100million shall be paid within 90 calendar days (three months) of the first payment. The second tranche of the payment under item c (ii) shall have a grace period of 30 calendar days (one month).”
The parties also agreed that in the event of the Federal Government failing to meet its payment obligations contained in the terms of payment, Sunrise would be entitled to a financial default sanction in the sum of $200million, in addition to the unpaid principal sum of $200million.
“This is in addition to the interest on any unpaid sum (including of any financial default sanctions) at a compound daily interest rate of 10 per cent, per annum, until the full payment is received by Sunrise in irrevocable and immediately available funds, in its designated bank accounts.
“Such full receipt by Sunrise shall discharge the FGN from any further extraneous liability to Sunrise in respect of the settlement agreement and this addendum and Sunrise shall then have no further recourse to the Mambilla project.”
Having missed out on all payment deadlines, including the first payment of $100million, which should have been done over a year ago, the arbitration in Paris may decide the direction the matter will sway.
With the reinstatement of the penalties and the $400million already accruable, the indebtedness may have hit $600million, and would rise to $700million if the 10 per cent per annum interest rate agreed to by parties in the settlement agreement is calculated.
Further communication between Malami and the Chief of Staff to the President, Prof. Ibrahim Gambari, indicated that Malami updated the CoS on the issue to guide the government’s decision on the matter.
Also, Mamman, in a memo dated August 19, 2020, and addressed to Gambari, said, “The Ministry of Power is in total support of the position provided by the AGF who has been the lead in finding an amicable out-of-court settlement to the dispute.
“The ultimate aim of the ministry is to see that Mambilla project implementation can proceed unencumbered, therefore, whichever settlement option that can lead to a peaceful resolution for the project to commence will be acceptable by the ministry.”
Nation
Don Seeks Funding of Language Centres
A professor of English linguistics at the Rivers State University (RSU) Nkpolu Oroworukwu Port Harcourt, Prof. Isaac Enyi Ngulube, has advocated for better and improved funding for language centres in Nigeria, such as NINLAN Aba and Nigeria French Language Village, Badagry, for optimum value and effective local languages development.
He also called for funded research on the development of orthographies and language documents across the country to rescue local languages from extinction, as well as having a well-planned and implemented mother tongue education in all institutions in the country, from primary to tertiary.
Prof. Ngulube made with these assertions while presenting his inaugural lecture at the university’s 121st inaugural lecture with the topic “The Career of Rough Beats: Language, Literature and the Development of our Common Humanity” held in Port Harcourt, Wednesday.
The erudite scholar, in the lecture, stressed that the study of English language, linguistics, and literature is very broad, large, and difficult, adding that he overcame the rough roads through resilience and determination.
He described language as “a purely human and non-instinctive means of communicating ideas and emotions,” noting that “the word is a fundamental need in language; you cannot study language without the use of language.”
He urged parents to be cautious with their utterances, warning that “what they refer to their children as is what they will automatically end up becoming.”
He recommended a branded English language for every profession or course of study, stressing that embedding oral literature in the teaching of students from primary to tertiary level will enable them to know their traditions and roots of origin.
“Tell them the folk stories and moonlight tales; you are sending them back to their people. You must be a human being first before becoming a medical doctor, engineer, or anything else,” Ngulube said.
He also called for better and improved production of quality language and literature teachers, provision of modern teaching/instructional materials, improved welfare packages for teachers, and provision of better infrastructure at both primary and secondary school levels.
He used the opportunity to appreciate the Vice Chancellor for the approval of the Department of English Language and Literature, adding that it had been his long-held dream for the university.
In his speech, the Vice Chancellor, Prof. Isaac Zeb-Obipi, while highlighting the lecture, opined that the lecturer x-rayed the lecturer’s journey into the study of English language, linguistics, and literature, describing the field as broad, large, and difficult, but with determination and focus, he was able to defeat the beasts he encountered on his way.
Zeb-Obipi agreed with the lecturer’s recommendations on ways to improve indigenous languages in the country and directed that modalities be worked out for the university to have the Department of English Language and Literature, among others.
He highlighted RSU’s recent victory in the Bilingual Community Project organized by the French Embassy, describing it as proof of the university’s rising excellence in language studies.
Nation
HYPREP, Contributing To National Peace, Development- Zabbey
The Federal Government through the implementation of the various projects of the Ogoni cleanup programme is demonstrating a strong commitment to national peace and the development of Ogoniland.
The Project Coordinator of the Hydrocarbon Pollution Remediation Project(HYPREP), Prof Nenibarini Zabbey, who made this assertion at a two-day training on Mechanism for Alternative Dispute Resolution(ADR) and other Peacebuilding Techniques for Community Leaders In Ogoni, held in Port Harcourt, said through the ongoing environmental restoration effort, potable water provision, livelihood restoration, public health interventions, and the Ogoni Power Project, HYPREP is contributing to national peace and development.
He explained that by improving the living conditions in communities and creating new opportunities for young people, the Project is also reducing the social pressure that often fuels conflict, stressing that the Project is proud of this service to the Ogoni people and the nation.
Describing traditional leaders and stakeholders as peacebuilders and guardians of community harmony, Zabbey noted that the workshop would strengthen their capacities and reinforce the Ogoni dialogue process, which HYPREP continues to support in line with its mandate on peacebuilding.
He said HYPREP is actively promoting ADR alongside other mechanisms across its project sites and other areas of operation aimed at fostering unity, fairness, mutual respect and faster dispute resolution, stressing that these are qualities necessary for the future of Ogoni people and their communities.
He further indicated that the Minister of Environment and Chairman of HYPREP’s Governing Council, Malam Balarabe Abbas Lawal is disposed to promoting peace and stability across Ogoni communities and HYPREP project sites.
The Project Coordinator, therefore, charged Ogoni leaders to be mindful of their actions, words and body language, as what they say or do can either promote peace or fan the embers of conflict.
Continuing, he stated thus,”We must always ask ourselves: Is my position on this matter in the people’s interest? Does it promote unity and progress? Will it enhance development?”
The Project Coordinator assured the participants that HYPREP is working tirelessly in line with the directive of President Bola Ahmed Tinubu’s Renewed Hope Agenda for the accelerated implementation of the Ogoni cleanup programme and ensure that its benefits reach the grassroots where they are needed most.
Stressing the need for Ogoni leaders and stakeholders to explore communication and trust options to prevent disputes from degenerating into violence, the Project Coordinator noted that it was time for all Ogonis to be united for development, leaving behind perceptions that do not serve collective progress.
Similarly, the Director of the Centre for Peace and Security Studies of the University of Port Harcourt, Prof Chioma Daisy Onyige, said the workshop is a strategic platform aimed at strengthening the capacity of traditional institutions and community leaders to sustain peace, foster dialogue and promote non-adversarial engagements in the implementation of the Ogoni cleanup programme.
Prof Onyige noted that the Ogoni leadership structure commands deep respect and legitimacy, and strengthening their capacity in ADR methods such as mediation, negotiation, dialogue, facilitation, and consensus building means strengthening the foundation of peace in the region.
Participants, comprising traditional rulers and key stakeholders in Ogoni, commended HYPREP for the initiative, and assured it of their continuous support to the Project by providing an enabling atmosphere for the smooth implementation of the cleanup project in Ogoniland.
Resource persons who presented thought-provoking lectures at the workshop included the Dean of the Faculty of Postgraduate Studies of the University of Port Harcourt, Prof Kinikanwo Anele; Prof Olariwanju Lawal; Prof Chioma Daisy Onyige; and Dr Gbenemene Kpae; among others.
Nation
Ogoni Cleanup Programme, Enabling Pathways To Development Of Ogoni – Zabbey
With significant achievements recorded across thematic areas of the Ogoni cleanup programme being executed by the Hydrocarbon Pollution Remediation Project (HYPREP), the Project Coordinator of the Project, Prof Nenibarini Zabbey, has said that all these are enabling pathways to the development of Ogoniland.
This is coming on the heels of milestone achievements in the following areas and their impact on Ogoni communities. They are mangrove restoration which is 94 percent complete; shoreline remediation which stands at 67.1 percent; and the phase 2 land remediation progressing to 36.55 percent.
Moreso, HYPREP has constructed 14 water facilities, providing potable water to 40 communities. With the commissioning of the water schemes in Bane and Gwara communities, the number of communities with access to clean and safe drinking water will be 45. The process of operationalising the Centre of Excellence for Environmental Restoration (CEER) which is at 92 percent complete, is ongoing. The same for the Ogoni Power Project which is progressing with wayleave compensation and construction works at Bodo and Wiiyaakaara substations ongoing
Similarly, the Ogoni Specialist Hospital and Buan Cottage Hospital are at 76.8 percent and 98.7 percent respectively.
This is alongside other public health interventions and the Human BioMonitoring Survey also in progress.
Under the livelihood
programme, over 7,000 direct jobs have been created for Ogoni women and youths, while over 5,000 have been trained in multiple skills and provided start-up kits, workshops, education grants, scholarships and other empowerment programmes. This quarter, training will commence in other demand-driven skill areas, such as cybersecurity, full-stack development, mud logging, software development, commercial diving, and underwater welding.
Zabbey had reeled out these achievements, during the third quarter interactive session between the Project Coordination Office engagement with Ogoni youths in Port Harcourt on Friday, in line with HYPREP’s strategic stakeholders policy to provide an interface opportunity to abreast Ogoni youths on the Project’s activities, while garnering their feedback.
Zabbey noted that, “This
quarterly engagement was,therefore, designed as an inclusive strategy to ensure that youth voices are heard, concerns are addressed, and progress updates are provided transparently. Also, it reflects our firm belief that a project of this magnitude must be people-centred, accountable, and participatory”.
” I am delighted to inform you that the Project remains on course to achieve its mandate as outlined in the UNEP Report on the Ogoni environment and the official gazette establishing HYPREP. HYPREP is committed to transparency and accountability in the implementation of the cleanup projects and activities”, he said.
He stressed that HYPREP’s achievements are pathways to a better Ogoniland, assuring that the Project’s goals are aimed at benefiting all categories of Ogoni youths, whether in business, farming, advocacy, education, entrepreneurship or community development.
”This Project belongs to all of you, and its success depends mainly on your participation, unity and constructive engagement. And with your support, we are confident that all challenges will be addressed in the overall public interest,” Zabbey said.
The Project Coordinator urged Ogoni youths to continue to support the Project by promoting peace, discouraging misinformation, and collaborating with project teams working in the communities, and address challenges through dialogue, rather than confrontation.
Prof Dinebari Badey, a Professor of Development Sociology in the University of Port Harcourt, delivered the keynote address, linking the nexus between HYPREP and youths in the development of Ogoniland through unity of purpose while Engr Solomon Akere, gave a talk on Ogoni youths in business.
Participants raised questions concerning the maintenance of the water projects, remediation efforts, and compensation for the Right of Way (RoW), among others.
In attendance were management staff of HYPREP who provided responses to the interventions.
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