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$418m Paris Club Debt: Again, Court Stops FG From Deducting States’ Funds

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A Federal High Court in Abuja, yesterday, refused to vacate its order restraining the Federal Government from deducting monies accruing to the 36 states from Federation Account to settle $418 million judgement debt in relation to Paris Club Refund.
Justice Inyang Ekwo, who declined to grant the plea by counsel to the defendants in the suit, adjourned the matter until December 13.
Ekwo held that since the order was made based on the plaintiffs’ motion on notice filed before the court, all pending applications would be taken on the next adjourned date.
The judge had, on November 5, made the order after counsel to the 36 state governments (plaintiffs), Jibrin Okutekpa, SAN, moved an ex-parte motion, seeking for an order of interim injunction, restraining the Federal Government from deducting any money accruing or due to all or any of the 36 states of the federation.
The court had also ruled that the restraining order would subsist pending the determination of the substantive suit.
While the 36 states Attorneys-General are the plaintiffs, some of the defendants listed in the suit include the Attorney-General of the Federation (AGF), Accountant General of the Federation and Ministry of Finance.
Others are Central Bank of Nigeria, Debt Management Office, Federation Account Allocation Committee, Incorporated Trustees of Association of Local Government of Nigeria (ALGON), among others.
According to the motion dated and filed October 27, 43 defendants are sued in the matter.
At the resumed hearing, counsel to the plaintiffs, Okutekpa told the court that the matter was slated for hear.
He said he had two motions which he intended to move.
He told the court that though most of the defendants had responded by serving on them various applications, the 9th defendant (Dr Chris Asoluka, who does business under the name and style of NIPAL Consulting Network) had refused to receive their court processes.
“We have a motion ex-parte to serve the 9 defendant an originating process. The process dated December 6 was filed on December 6 and it is praying for an order of substituted service on the 9th defendant,” he said.
The judge then granted prayer one of the motion and ordered that the service be made on the 9th defendant within three days through pasting of the notice on his address.
The senior lawyer told the court that the second motion was an application praying the court for an extension of time to file and serve their counter affidavit and all other processes in response to the defendants’ applications.
Ekwo also granted prayer one of the motion and granted prayer two in part subject to the service of the motion on the two counsels who appeared for 15th, 16th, 10th and 11th defendants.
The two counsels had opposed the motion on the ground that they had not been served with the copy.
Okutekpa then asked for a date for hearing.
However, Oyin Koleoso, who appeared for the 1st, 2nd, 4th and 6th defendants (President of Nigeria, AGF, Ministry of Finance Incorporated and Debt Management Office), informed the court that a motion asking the court to vacate the earlier order made had been filed.
Wole Olanipekun, SAN, who appeared for the 14th defendant (Dr Ted Iseghohi-Edwards), also urged the court to set aside the order.
He argued that he made the plea based on the Supreme Court and Appeal Court decisions under which the judge took the application.
Olusola Oke, SAN, who is lawyer to 12th and 13th defendants (Riok Nigeria Ltd and Prince Nicholas Ukachukwu), also supported Olanipekun’s submission.
Oke, who told the court that his clients were affected by the order, urged the court to take their application seeking for the order to be vacated.
Orji Orizu, who appeared for himself in the suit as 18th defendant, backed Oke’s statement.
He argued that since an ex-parte motion lasts within 14 days, the lawyer prayed the court to discharge the order.
“That is what we are here for. A motion ex-parte is something done without the presence of the other parties and it Is the first thing the court ought to do before adjournment,” he added.
Idumodin Ogumu, who represented 15th and 16th defendants (Panic Alert Security Services Systems Ltd and Dr George Uboh), said he aligned himself with submissions of other counsel.
He argued that based on the rule of the court, the order granted by the court was deemed to have elapsed and no longer had effect.
However, counsel to the plaintiffs, Okutekpa, disagreed with the defence submission.
He referred the court to the order which its made.
The senior lawyer argued that it was an order of interim injunction restraining the Federal Government, acting through its agencies also joined in the suit, from deducting the plaintiffs’ monies pending the determination of the motion on notice.
He said the order was also made in compliance with the rule of the court.
“Your Lordship was aware of the rule when you were making the order.
“What I am saying now is that all we are doing now is a nullity because I am yet to serve the 9th defendant.
“This is not an application that your lordship should hurriedly take. Let other defendants be here so that it will not be taken piecemeal,” he enjoined.
After taking all the arguments, Ekwo noted that the restraining order was made subject to the motion on notice filed by the plaintiffs.

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Wike Urges Traditional Rulers To Engender Peace …As Awuse Heads Chiefs’ Council

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Rivers State Governor, Nyesom Wike, has urged traditional rulers to engender peace in their domain at all times.
He maintained that no government can progress without peace, stressing that it is the responsibility of traditional rulers to always galvanize and support the growth of their various kingdom through the sustenance of peace.
Wike stated this during the presentation of certificate of recognition and staff of office to six newly recognised traditional rulers in the state in the presence of the new Chairman of Rivers State Traditional Rulers Council, His Royal Majesty, Nne-Nwe-Eli Emohua XIII (OLO IV), Ohna Sergeant Chidi Awuse , at Government House, Port Harcourt, yesterday.
Wike,who identified peace as necessary ingredient in the process of governance, warned the traditional rulers against using their position to harass companies operating in their domain.
He particularly admonished the Gbenemene Tai Kingdom, His Royal Majesty, King Samuel Lebara Aadum Nnee, who was recognized as first class traditional ruler to use his new position to enthrone peace in Tai Kingdom for the overall interest of the people.
The five other recognised traditional rulers are all in the second class category. They include His Royal Highness, Eze Chukwuemeka Victor Elvis Nmeham Woji Okocha Orlumeni XII, Nye Nwe-Ali Rumuorlumeni; His Royal Highness, Eze (Dr) Wobodo Sunday Jonah, Nye Nwe-Ali Ibaa/Obelle; His Royal Highness, Ohna Christian Okchineke Elechi, Nye Nwe-Eli Odegu; His Royal Highness, Eze Damian Azike Ejiohuo, Nye Nwe-Ali Rundele XII, Nogbo II; and His Royal Highness, Eze Christian Amadi Evekwuru – Eze Chigu Rumuekpe.

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I’m Leaving Nigeria Better Than I Met It In 2015, Buhari Boasts …Apologises For Negative Impacts On Nigerians

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President Muhammadu Buhari has said he was confident that he would be leaving office with Nigeria better in 2023 than he met it in 2015.
Buhari made this known in his farewell nationwide broadcast yesterday
morning.
“I am confident that I am leaving office with Nigeria better in 2023 than in 2015. I thank you all. And may God Bless the Federal Republic of Nigeria,” Buhari said.
He also appreciated millions of Nigerians who prayed and supported him during his illness in the first term of his office.
The President said he is constantly praying for those who helped him succeed and for Nigeria to thrive in peace.
He said, “I also want to use this opportunity to express my appreciation to a good number of Nigerians who provided their support and encouragement to help me navigate the exciting journey in moving Nigeria forward.
“I cannot and will not forget the millions who prayed for me during my illness in my first term of office. I am constantly praying for you and for Nigeria to thrive in peace.
“As I retire home to Daura, Katsina State, I feel fulfilled that we have started the Nigeria Re-Birth by taking the initial critical steps and I am convinced the in-coming administration will quicken the pace of this walk to see a Nigeria that fulfils its destiny to be a great nation.”
The President also apologised to Nigerians over the negative impact some of his economic policies inflicted on them.
He noted that some of his policies caused “temporary pain and suffering” to Nigerians.
According to him, “some of the decisions were difficult choices, the measures were taken for the overall good of the country”.
Buhari explained that, “In the course of revamping the economy, we made some difficult choices, most of which yielded the desired results.
“Some of the measures led to temporary pain and suffering for which I sincerely apologise to my fellow countrymen, but the measures were taken for the overall good of the country”.
Buhari will hand over power to Bola Tinubu, the president-elect, this morning.

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Wike Honours El-Rufai, Fayemi, Fubara, Others

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The outgoing governor of Rivers State, Chief Nyesom Wike, has conferred the highest Rivers State honours, the Grand Service Star of Rivers State (GSSRS), on eight personalities in the country.
The recipients include governors of Imo State, Hope Uzodimma; Mallam Nasir El-Rufai (Kaduna) and Rivers’ governor-elect, Sir Siminialayi Fubara.
Others were the governors of Kebbi State, Abubakar Atiku Bagudu; Mohammed Badaru Abubakar (Jigawa); former governors of Akwa Ibom, Godswill Akpabio; John Olukayode Fayemi (Ekiti), and Senator Abdulaziz Abubakar Yari (Zamfara).
Governor Wike, while delivering his valedictory speech at a State and honours award night in Port Harcourt on Saturday night, said the second, third, and fourth- categories of honourees cut across a broader spectrum of society.
The governor said the seven governors and former governors honoured by the State belong to the country’s highly intelligent, committed, and hardworking servant-leaders who have distinguished themselves in public service with phenomenal performance records.
“Most of all, they are prominent power brokers among the Governors of the All Progressives Congress (APC), who signed, undertook, and worked day and night to deliver our collective aspirations for a southern president in the 2023 general elections at significant risks to their political lives.
“Their lives, reputation, exploits, and achievements are like open books, so we all know who and what they are, what they stand for, and which interests they represent and project. They have proven to be leaders made for the times rather than the ones the times and circumstances accidentally produced.
“We honour and celebrate these fellow compatriots’ inspirational achievements, exemplary leadership, profound service, love for the motherland, and contributions to national cohesion, democracy, equity, and justice”, Wike said.
The governor noted that the inception of his administration was rough and turbulent, because the then outgoing governor, Rotimi Amaechi, was very hostile and rancorous.
According to him, he also met an empty State treasury, huge public debts, a hostile political environment, and a hostile Federal Government that turned against his government, courtesy of the former governor.
“He initially struggled to prevent us from being sworn in by going to three different courts for restraining orders. When this failed, he challenged our electoral victory and had it nullified at the tribunal and the Court of Appeal.
“Our mandate was restored by the Supreme Court after nearly one year of legal battles. But, all three senatorial seats, a sizeable number of the House of Representatives, and over half of the State House of Assembly seats were nullified, leaving the State without representation at the National Assembly and a functional State House of Assembly. Our candidates for these offices were later subjected to a series of tempestuous re-runs before some managed to reclaim their mandates”, he recalled.
Wike accused Amaechi of laying social and economic landmines such as the shut down the State House of Assembly complex and courts with the sole intent to cripple his administration.
He alleged that having decimated the State’s governance institutions, Amaechi shifted his targets to the State’s treasury, including the statutory reserved funds, and emptied it with impunity.
According to him, “He (Amaechi) sold our valued assets, realized over $415,000,000.00 (four and fifteen million United States Dollars), and siphoned it entirely out of the State’s treasury in under two weeks. He embarked on some bogus projects he never intended to execute but to serve as conduit pipes to fritter State resources for himself, political cronies, and business partners.
“The less than one-kilometre monorail project, the multi-story Karibi-Whyte Hospital, the new Rivers State University, the Greater Port Harcourt City, and the M10 road projects are some of the elephant projects he purportedly initiated but failed at foundation levels after expending billions of public funds. He piled up debts by stopping to pay contractors and salaries to civil servants and other categories of workers, including pensioners and sportsmen and women.”
Despite initial challenges that beset his administration, the governor said he was able to overcome them to reposition the judiciary, delivered unprecedented 12 flyovers and constructed over 900 kilometres of Trunk-A roads and over 200 kilometres of internal roads across the State.
The governor boasted that Rivers State would remain a Peoples Democratic Party (PDP) State for the foreseeable future, saying however, that the interest of Rivers State transcends political party confines and affiliations.
He maintained that it is the right of the people of Rivers State to participate in decision-making at the highest level as well as follow the political path that guarantees a better deal for the State and people.
“Accordingly, we made the right choice when we opted for unity, equity, fairness, and justice in our consideration for a Southern Presidency during the 2023 general elections. I assure you that we are in the right direction. Rivers State is politically connected to the Centre and will be better for it more than ever this time. There is nothing to regret.”

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