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Court Vacates Malabu Oil Forfeiture Order Granted EFCC

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The Abuja division of the Federal High Court has vacated an interim order of forfeiture granted the Economic and Financial Crimes Commission (EFCC) in respect of the Oil Prospecting License (OPL) 245 otherwise known as Malabu Oil.
Also yesterday, three claimnants of stake in Malabu Oil and Gas – Otunba Oyewole Fasawe, Mohammed Sani Abacha and Kweku Amasaga – dragged the federal government and six others before the Abuja division of the Federal High Court over the re-allocation of OPL 245.
Justice John Tsoho of the Federal High Court vacated the order in a ruling he delivered on an application by Shell Nigeria Exploration and Production Company Limited and Nigerian Agip Exploration.
Tsoho in his ruling held that conditions precedents before such order could be issued were not met by the Chairman of the EFCC.
According to the judge, the order of forfeiture ought not to have been granted the EFCC boss in the first instance because he did not meet the required conditions to enjoy such forfeiture order.
He aligned with the submission of the two oil companies that there was no case of tracing of assets or attachment before the EFCC boss rushed to the court to apply and secured the order for forfeiture as part of the condition precedent.
Justice Tsoho also held that the EFCC Chairman was not the proper person that can invoke court jurisdiction for temporary order of forfeiture and that the subject matter, OPL 245 being an oil block is a tangible property not movable.
“I have taken a critical look into the processes filed and submissions by counsel to parties in the matter and I have come to the conclusion that the Chairman of EFCC failed to meet conditions that can enable him enjoy order of temporary forfeiture.
“In effect, the order of temporary forfeiture of January 26, 2017 granted on the application of the EFCC Chairman is hereby set aside and vacated.
With the setting aside of the order of the temporary forfeiture, proceedings in respect of this matter here come to an end,” the Judge said.
Shell Nigeria Exploration and Production Company Limited and Nigeria Agip Exploration Ltd and other individuals had last month in Abuja asked the Federal High Court to discharge the order of forfeiture which it granted the Economic and Financial Crimes Commission (EFCC).
Justice Tsoho had on Thursday, January 26, 2017 granted an order of interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1billion Malabu Oil deal.
It would be recalled that Justice Tsoho granted the order following an ex-parte motion filed by the EFCC through its counsel, Mr Johnson Ojogbane.
The judge had also held that the property should be managed by the Department of Petroleum Resources on behalf of the federal government, pending the conclusion of investigation and prosecution of all those involved.
Recall that the EFCC had on December 20, 2016, charged nine suspects, including Adoke, with respect to the $1.1billion scam.
Other accused persons named in the charges filed by the EFCC before a Federal High Court in Abuja, were Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd, Megatech Engineering Ltd.
The anti-graft agency, in the charges with suit number, HC/ABJ/CR/268/2016, accused Adoke of illegally transferring over $800million purportedly meant for the purchase of the OPL 245 to Etete,  Malabu Oil & Gas Limited from a Federal Government account.
Meanwhile, the Abacha family, Fasawe, Amasaga have draged the FG and 6 others to court over re-allocation of of OPL 245.
within the area covered by OPL 245 and is therefore invalid, wrongful, null and void and of no effect whatsoever.
The plaintiff also wants the court to give a declaration that the grant of OPL 245 by the 2nd defendant to the plaintiff in the exercise of the 2nd defendants powers under Section 2 of the Petroleum Act Cap. P.10 Laws of the Federation of Nigeria, 2004 does not constitute an offence under any penal law in Nigeria and OPL 245 is not the proceeds of any offence or crime under EFCC (Establishment) Act Cap. E1 Laws of the Federation 2004 or any other law in force in Nigeria.
Based on the above, the plaintiff therefore wants the court to make an order compelling the defendants to restore to it its right to the exclusive possession of OPL 245.
In addition, the plaintiff is also praying the court for an order of perpetual injunction restraining the defendants and in particular the 6th defendant from treating and or dealing with OPL 245 as a proceed of an offence and from interfering in any manner whatsoever and howsoever with the plaintiff’s exclusive right to explore and prospect for petroleum in the area of OPL 245.
The plaintiff also wants an order of perpetual injunction restraining the defendants from carrying out any exploration or prospecting activities in connection with or in relation to the area covered by OPL 245.
The matter is yet to be assigned for hearing.

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Let’s Fight To Save Rivers’ Soul Together

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Rivers State Governor, Sir Siminalayi Fubara, has lamented that there is a fierce fight over the soul of the State to destroy it but noted that only the well-meaning persons who are standing firmly with him can wield the force of unity to save it.
Governor Fubara made the remark at the country home of Sir Celestine Omehia in Ubima community, Ikwerre Local Government Area of Rivers State on Saturday.
The Governor, accompanied by some elders of the State, was in Ubima to commiserate with Sir Omehia, who had just laid his late mother, Mrs Ezinne Cecilia Omehia, to rest after 95 years.
Governor Fubara said the visit was to demonstrate love and show support to Sir Omehia who, as a son, had satisfactorily performed the duty of giving his mother a befitting burial.
He said, “I have come here with a few of us; very respected elders of the State, to come and support you and say to you that ‘we sorrow with you’.
”The most important thing is to show our concern and love. Any human being that shows enmity to death, that person is not even normal.
”We also rejoice with you for a life lived well to fulfillment by Mama. We wish Mama safe journey. Let her stay well where she has gone.”
Governor Fubara told the elders of the need for every true lover of the State to synergise and be resolute in the fight to safeguard the soul of Rivers State.
The Governor decried the evil of politics of bitterness and the telling danger it has on the progress of the State, which according to him, should be discouraged as a bad political culture in contemporary times.
Governor Fubara said: “Anybody who claims to love this State should not be party to anything, directly or indirectly, that will bring us backwards. We will continue to support every course that will advance the interest of our dear Rivers State.
”And I am happy to say, and I’ve said it over and again, it doesn’t matter the number of people that are standing with me, I will stand on that side of truth.”
The Governor emphasised: “I will not, I repeat, I will not govern our dear State on my knees (bending). If that was the purpose, I will not do that. I will stand to govern our dear State and stand continually on the side of right.
”But politics of bitterness will not take us anywhere. So, I want to thank you that, at this stage, we have a few of you who understand that Rivers State belongs to everyone of us. We must, therefore, fight together to sustain the soul of this State,” he added.
Governor Fubara also spoke about the tanker inferno that has become a sad episode in the State with over 120 vehicles razed and about five lives lost, describing it as “great tragedy and very unfortunate.
”It is a very sad day in our dear State. Something happened in Eleme, along the route of Indorama Petrochemical and Fertiliser Company Limited. A tanker had an issue with a tipper, and there was an unfortunate situation that caused the State a very devastating loss.
”I went there this morning to see for myself what really happened, and I can tell you, I’ve not been happy since then. With all the dramas in our State, it is not even proper for us to add that to it.
”But it wasn’t our fault. It was just what impatience caused. The tanker driver, knowing the state of that road was not patient, and it resulted in that colossal loss. Over 120 vehicles were completely burnt and five lives were lost. It was very unfortunate.”
He commiserated with those who lost loved ones and others whose vehicles were burnt beyond repairs, and added that the State Government mourns and grieves with them.
In his speech, Sir Celestine Omehia, expressed appreciation, on behalf of his family, to Governor Fubara, his delegation and other friends, among whom, were those he described as matured elders, for the show of love.
He said his mother died at 95 years, which is 25 years of grace added to the 70 years as specified in the Bible, and assured that he will sustain her legacy because she was their role model.
Sir Omehia also said that he was well known as a man who takes decision and stands by it no matter the consequences.
He, therefore, declared: “I have taken a decision to be SIMplified. Where ever you go (Fubara), is where I will go. If you say tomorrow, you are no more interested in this position, I will also stop fighting for anything in Rivers State.
”But, God who gave you the opportunity will also give you all the wisdom, strength, power and everything that it takes to govern the people of Rivers State and beyond.”
He assured the Governor that almost the entire people of the State, including chiefs, elders, opinion leaders, women, youths, civil society groups and professionals across all spectrums of the State were praying and working assiduously for the success of his Administration.
Sir Omehia told the Governor that it is that support and prayers of the people that he needs to succeed, because, according to him, one with God, is with majority, and will always excel and succeed.
He, therefore, urged the Governor to continue in his strides to deliver good governance, peaceful and prosperous State to the present and future generations.
Highlights of the event were the offering of prayers by leaders of Ikwerre Supreme Council of Traditional Rulers for the Governor and his Administration as well as the symbolic presentation of gifts to Governor Fubara in appreciation of his peaceful disposition and quality leadership of the State.

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Tanker Inferno: We’re Saddened By Extent Of Carnage -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has described as very unfortunate the fire incident caused by a tanker conveying premium motor spirit (PMS), otherwise called petrol which burnt motorists and commuters beyond recognition and destroyed a good number of vehicles.
The incident occurred between Indorama Gate and Aleto Bridge on the popular and ever busy Eleme section of the East-West Road now undergoing major reconstruction by the Federal Government.
Governor Fubara expressed his sadness at the gory sights that he saw when he visited the scene of the incident, accompanied by the State Commissioner of Police, Olatunji Disu, and the State Commissioner for Energy and Natural Resources, Mr Uchechukwu Nwafor, on Saturday morning.
The Governor explained that he got a call from the Managing Director of Indorama Petrochemical and Fertiliser Company Limited in Eleme Local Government Area, informing him of the incident.
At the news of the incident, Governor Fubara stated that he immediate routed a call to the security agencies and instructed that they visit the scene to take charge of the security of the area to avoid escalation of the situation.
Governor Fubara said: “We are here to see for ourselves and get a first hand information of the incident of what happened yesterday night.
“About 7.30 – 8pm, we got information of the gravity of the incident. I was told that it was caused by a tanker vehicle that was conveying Premium Motor Spirit (PMS).
“In fact, I got the information through the MD of Indorama, and I immediately alerted the security agencies to make sure they take control of the security situation in the area.
“And from what we are seeing this morning, it was not a pleasant case. We recorded a huge number of vehicles being destroyed and lives lost.
Governor Fubara explained that he had already requested the relevant government agencies to provide him a detailed account of their findings to enable the State Government take appropriate decisions and actions to significantly remedy the situation and reduce the negative on the affected people.
“I have already asked the relevant agencies to give us a full brief so that we can come into the situation fully by seeing to how much we can support the families that are bereaved, and also cushion the effect of the loses, which I believe, is no fault of a good number of them.
“We all know the situation of this road. It is really unfortunate. Most of our people, when plying this road, should ply it with caution.
“I believe very strongly that this situation would have been avoidable, if the motorists had behaved properly. But it is late already. The damage has happened. This is the situation we have found ourselves. We will see how we can control the aftermath,” he added.

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82nd Birthday: Odu Eulogises King Dandeson Jaja

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Rivers State Deputy Governor Prof. Ngozi Nma Odu, has described King Dandeson Douglas Jaja as a great and humble King who has continued to be a light to the Kingdom of Opobo and Rivers State.
Prof Odu stated this during a thanksgiving service to mark the monarch’s 82nd birthday at St. Paul’s Anglican Church in Opobo Town, yesterday.
According to the Deputy Governor, on a special day like this, she wishes him God’s grace and innumerable blessings, stressing that his reign shall be long in good health.
In his testimony, King Dandeson Douglas Jaja, who disclosed that he is nothing without God, said his life has been God’s Gift and Grace all these years, stressing that it is the Grace of God that has brought him this far.
The king seized the moment to announce the conferment of the King Jaja Manila Tree Award, which is the highest honour in Opobo Kingdom to the State Chief Executive, Sir Siminalayi Fubara and the BALOLO of Opobo Award to Prof. Ngozi Nma Odu, the Deputy Governor on a date to be announced later.
In his Sermon, drawn from Psalm 122: 6,7,8, Ven. Emanuel Nwuju, the Vicar of St. Paul’s Anglican Church, Opobo Town, who spoke on the theme “Good Gifts Comes from God “said God has given us everything we enjoy in life, adding that whatever you are today is a gift from God.

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