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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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NAFDAC Alerts Nigerians To EU Ban On Dex Soap

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The National Agency for Food and Drugs Administration and Control, NAFDAC, has alerted Nigerians on the ban on Dex Luxury Bar Soap (No 6 Mystic Flower), by the European Union (EU).
The notification is contained in a public alert with No. 012/2024, signed by NAFDAC Director-General, Prof Mojisola Adeyeye, and issued to newsmen in Abuja yesterday.
“The product does not comply with the cosmetic products regulation; it also contains Butyphenyl Methylpropional (BMHCA), which is prohibited in cosmetic products due to its risk of harming the reproductive system.
“It also causes harm to the health of unborn children and may cause skin sensitisation.
“It is as a result of the defective nature of the product that the EU banned it.
“The products is not in NAFDAC database; importers, distributors, retailers and consumers are to exercise caution and vigilance within the supply chain,” she said.
NAFDAC boss urged marketers and consumers to avoid the importation, distribution, sale and use of the product, stressing that product’s authenticity and physical condition must be carefully checked.
She enjoined members of the public in possession of the product to discontinue sale or use, and submit stock to the nearest NAFDAC office.

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Communities, Volunteers Ready To Face Upcoming Floods – Red Cross

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The Country Manager of the British Red Cross in Nigeria, Karsten Voigt, says communities and volunteers are ready to face the challenges expected with the upcoming floods.
Voigt said this at the sidelines of the 56th Annual General Meeting of the Nigerian Red Cross Society (NRCS), Lagos Branch.
The Tide’s source recalls that the British Red Cross donated resilience items to some communities in December 2023, to help mitigate the effects of flooding.
The items included cash, rain boots, rain coats, mosquito nets, handheld flashlights, solar powered lights with radio, USB chargers and a bridge to link the communities.
The communities that benefited included Agboyi 1, Agboyi 2, Agboyi 3 and Odo Ogun in Kosofe Local Government Area of the state.
Voigt said the Red Cross had measured the impact of the project in the communities and noticed that a lot of progress had been made.
According to him, apart from the cash and items given to the communities, simulation exercises have also been carried out to prepare the volunteers ahead of the floods.
“We have seen that people used the cash to address immediate needs they have after floods.
“Many households have used part of the cash to build up businesses.
“The solutions we have given to them are not only addressing their immediate needs after the disaster but actually building family income for their future,” he said.

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Nimet Forecasts Three-Day Sunshine, Thunderstorms

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The Nigerian Meteorological Agency (NiMet) has predicted sunshine and thunderstorm from Monday to Wednesday across the country.
NiMet’s weather outlook released yesterday in Abuja, forecasts sunny skies on Monday with a few patches of cloud over the northern cities and prospects of thunderstorms over parts of Taraba later in the day.
According to the forecast, sunny skies with patches of clouds are expected over the North Central region with prospects of morning thunderstorm over parts of the Federal Capital Territory, Nasarawa, Kogi and Kwara States.
“Later in the day, isolated thunderstorms are anticipated over parts of the Federal Capital Territory, Kogi and Benue States.
“The southern region is expected to be cloudy with spells of sunshine with prospects of morning thunderstorms over parts of Oyo, Ekiti, Ogun, Ondo and Lagos States.
“ In the afternoon/evening periods, isolated thunderstorms are expected over parts of Enugu, Ebonyi, Abia, Ekiti, Ogun, Imo, Oyo, Ondo, Edo, Cross River, Akwa Ibom, Delta, Rivers, Lagos and Bayelsa States,” it said.
NiMet also anticipated sunny skies on Tuesday with few patches of cloud over the northern states with prospects of isolated thunderstorms envisaged over parts of Bauchi, Gombe, Adamawa, Taraba and Kaduna States during the afternoon and evening hours.
It envisaged the North Central region to be sunny with patches of cloud during the morning hours.
The agency also envisaged isolated thunderstorms over parts of the Federal Capital Territory, Plateau, Nasarawa, Kogi, Benue, Kwara and Niger States, later in the day.
“Cloudy atmosphere with intervals of sunshine is expected over the inland and coastal areas of the South, with chances of morning thunderstorm over parts of Cross River, Bayelsa, Akwa Ibom and Rivers States.
“In the afternoon/evening periods, isolated thunderstorms are anticipated over parts of Osun, Ekiti, Ondo, Imo, Anambra, Enugu, Abia, Oyo, Edo, Delta, Cross River, Akwa Ibom, Lagos, Rivers and Bayelsa States ,” it said.
It predicted a sunny atmosphere on Wednesday, with patches of cloud over the northern region, during the forecast period.
“Sunny skies with patches of clouds are expected over the North Central region with chances of isolated thunderstorms over parts of Plateau, Kogi, Nasarawa, the Federal Capital Territory and Benue States, during the afternoon/evening periods.
“ Cloudy atmosphere with intervals of sunshine is expected over the inland and coastal areas of the South with prospects of thunderstorms over parts of Anambra, Imo, Enugu, Ebonyi and Abia.”
Other states to experience cloudy atmosphere, are “Edo, Ondo, Ekiti, Ogun, Oyo, Cross River, Lagos, Akwa Ibom, Rivers, Delta and Bayelsa States, later in the day.”
NiMet urged the public to take adequate precaution as strong winds might precede rains in areas where thunderstorms were likely to occur.
The agency also urged airline operators to get updated weather reports and forecasts from its office for effective planning in their operations.

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