Nation
Court Stops FG From Taking Further Actions On e-Customs
A Federal High Court in Abuja has restrained the Federal Government from enforcing or giving effect to the Customs Modernisation Project otherwise known as e-Customs allegedly executed by its agents on May 30, 2022.
The agents who allegedly executed the disputed concession project are the Nigerian Customs Service, Trade Modernisation Project Limited, Huawei Technologies Company Nigeria Limited, and African Finance Corporation.
The court also issued an order of interim injunction against the Federal Government or its agents acting through the Federal Executive Council from retrospectively ratifying the decisions to concession the e-Customs project to Trade Modernisation Project Limited, Huawei Technologies Company Limited, and African Finance Corporation.
The restraining order issued last Friday by Justice Inyang Ekwo shall last till the hearing and the determination of a suit brought against the Federal Government by two aggrieved companies.
The two aggrieved companies are E-Customs HC Project Limited and Bionica Technologies (West Africa) Limited which jointly challenged the alleged unlawful and fraudulent concession of the e-customs project to African Finance Corporation.
Counsel to the two aggrieved companies, Anone Usman had, on behalf of the two plaintiffs, argued an ex-parte application in which he prayed the Federal High Court for interim orders against the defendants to protect the interest of his clients.
Justice Inyang Ekwo while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project.
The Judge also granted permission to the aggrieved companies to serve a Writ of Summons and all other processes on the African Finance Corporation at its head office, located in Ikoyi, Lagos through DHL courier services.
Defendants in the suit are the Federal Government of Nigeria, Attorney-General of the Federation, Finance Minister, Infrastructure Regulatory Concession Commission, Nigeria Customs Service, Trade Modernisation Project Limited, Huawei Technologies Limited, African Finance Corporation, and Bergman Security Consultant and Supply as 1st to 9th defendants respectively.
Justice Ekwo subsequently fixed June 28 for hearing in the matter.
The two plaintiffs had in their statement of claims narrated how they proposed to carry out the Customs Modernisation Project through several government officials for the benefit of the Nigerian Customs Service.
They claimed that after a series of meetings and negotiations with some of the defendants, President Muhammudu Buhari granted anticipatory approval for the e- customs Project
According to them, on September 2, 2020, the Minister of Finance presented a memo with the number EC2020/153 to the Federal Executive Council, the highest decision-making body of the Federal Government, and secured approval for the two plaintiffs to be granted the award of the concession.
The plaintiffs said that trouble started when the Nigeria Customs Service unilaterally reviewed the Federal Executive Council approval and imposed other conditions among which are shareholding formulae and governance structure on them.
They said further that the power of the Nigeria Customs Service to unilaterally review FEC approval was protested and that the Comptroller General of the agency stood his ground.
They said they were surprised to read in the news that the Nigeria Customs Service had executed a concession agreement with the Trade Modernisation Project on May 30, 2022, with Huawei Technologies Company and African Finance Corporation in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.
They said that the Trade Modernisation Project Limited was incorporated in April 2022 at the Corporate Affairs Commission (CAC) with one Alhaji Saleh Ahmadu a close friend of the Comptroller General as the chairman.
The plaintiff stated that the new company, having been just incorporated in April 2022 could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission (IRCC) and the approval of the Federal Executive Council to carry out the e- custom project.
They, therefore, asked the court to make a declaration that the decisions of the Federal Government and its agent to enter into a concession agreement with Trade Modernisation Project Limited, Huawei Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.
They also asked the court to declare that e-Customs HC Project Limited is the approved and rightful concessionaire for the e-customs project as approved by the Federal Executive Council at its meeting of September 2, 2020, and in line with Section 2 of the Infrastructure Regulatory Concession Commission Act.
They applied for an order of the court directing the Federal Government through AGF, Finance Minister, IRCC, and Customs to consulate the e- custom project with the 1st plaintiff, (E-Customs Project Limited) as approved by FEC in its September 2020 meeting.
Besides, the two plaintiffs asked the court to compel the defendants to pay them a sum of N200m as the cost of litigation.
Nation
HYPREP Marks 15 Years Of UNEP Report, Highlights Major Cleanup Milestones
The Hydrocarbon Pollution Remediation Project (HYPREP) has commemorated the 15th anniversary of the release of the United Nations Environment Programme (UNEP) Environmental Assessment Report on Ogoniland, reaffirming its commitment to restoring the environment and improving the livelihoods of affected communities.
In a statement signed by the Project Coordinator, Prof Nenibarini Zabbey, to commemorate the anniversary, HYPREP described the anniversary as a significant milestone in Nigeria’s environmental restoration efforts, noting that the project has made remarkable progress in implementing the recommendations of the landmark UNEP report released on August 4, 2011.
The UNEP report had revealed extensive oil pollution across Ogoniland, severe environmental degradation, and serious public health risks resulting from decades of petroleum operations. It also recommended an initial $1 billion fund to commence the cleanup of the affected communities.
According to HYPREP, the Federal Government formally launched the Ogoni clean-up in 2016, while the Project Coordination Office was established in 2017 to drive the implementation of UNEP’s recommendations.
Zabbey said the current administration has continued to prioritise the project under the Renewed Hope Agenda.
Providing an update on the cleanup, the Project Coordinator disclosed that 30 of the 65 contaminated sites identified by UNEP have been fully remediated, while work is ongoing at several medium- and high-risk locations. It also stated that more than 1.5 million mangrove seedlings have been planted as part of what it described as the world’s largest restoration of oil-degraded mangroves, with over 1,000 hectares of shoreline already rehabilitated.
Zabbey further revealed that 49 Ogoni communities have been connected to potable water schemes through multiple water projects and booster stations aimed at providing safe drinking water across the region.
In the health sector, he said the 100-bed Ogoni Specialist Hospital in Kpite and the 43-bed Cottage Hospital in Buan are nearing completion, adding that several existing health facilities have been upgraded with modern medical equipment, while five ambulances have been donated to improve emergency healthcare services. The Project Coordinator also disclosed that a three-year human health biomonitoring study is being conducted in collaboration with the World Health Organization’s International Agency for Research on Cancer (IARC).
On economic empowerment, Zabbey stated that the Project has created more than 8,000 direct jobs and trained thousands of Ogoni youths and women in various vocational and technical skills, including software development, cybersecurity, aviation, commercial diving, seafaring, mechatronics, and creative arts. The project also reported awarding scholarships to more than 1,000 students, providing grants to small businesses, and supporting persons living with special needs through skills acquisition programmes.
The statement further highlighted ongoing legacy projects, including the Ogoni Power Project and the Centre of Excellence for Environmental Restoration, which it said is about 96 per cent complete. HYPREP also welcomed the recent designation of the Ogoni Wetland as a Ramsar Site of International Importance and pledged to continue promoting biodiversity conservation and sustainable management of the ecosystem.
Marking the anniversary, Zabbey said the progress achieved over the past 15 years demonstrates the collective commitment of government, development partners, stakeholders, and local communities to restoring Ogoniland. He called for renewed collaboration to sustain the cleanup effort, promote environmental sustainability, and support the long-term development of the region. 3
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