Niger Delta
Court Orders FG To Pay $1.638bn Derivative Arrears To Delta
The Abuja Division of the Federal High Court, on Monday, ordered the Federal Government to pay $1,638 billion to the Delta State.
The court, in a judgement that was delivered by Justice Donatus Okorowo, said it was satisfied that the amount was 13 per cent derivative sum due as arrears of revenue payable to the oil-rich state.
It granted all the reliefs that were sought by plaintiff, stressing that the suit, being an action instituted to recover revenue accruing to the Delta State government, qualified for the undefended list.
Delta state had in the suit marked FHC/ABJ/CS/660/2012, which it filed through Chief Ken Njemanze, SAN, urged the court to compel the Attorney-General of the Federation (AGF), to pay five per cent of $50billion recovered as additional revenue that accrued to the Nigerian government.
It prayed the court to, “direct the Defendant (AGF) to pay the sum of $ 1,638,396,277.00 (One billion, six hundred and thirty-eight million, three hundred and ninety-six thousand, two hundred and seventy-seven United States dollars) being the 13 per cent derivative sum due as arrears of revenue payable to Delta State as assessed.
“A consequential order of this court compelling the defendant to net off and pay five per cent of the said sum as per clause 3.0(v) of the defendant’s letter of engagement dated 12 April, 2018 and clause 3.0(v) the defendant’s further letter of engagement dated 19 November, 2018, pursuant to clause lll(d) of the terms of settlement made the (consent) judgement by the Supreme Court”
As well as, “10 per cent post judgment interest at court rate on the said $ 1,638,396,277.00 (One billion, six hundred and thirty-eight million, three hundred and ninety-six thousand, two hundred and seventy-seven United States dollars) to the plaintiff until final liquidation thereof.”
However, the AGF, in a counter-affidavit he filed before the court, sought the dismissal of the suit which he said lacked competence.
In the affidavit that was deposed to by one Thomas Etah, a staff of the Federal Ministry of Justice, Abuja, the AGF, argued that Delta State was not a party in the terms of settlement in a similar revenue derivation suit between the Akwa-Ibom, Bayelsa and Rivers State governments delivered by the Supreme Court.
He contended that it would not serve the interest of justice to grant the plaintiff’s claim against the defendant without full hearing of the matter.
“That the terms of settlement in question have been entered as judgement of the court between the parties before the court,” the AGF argued.
In a preliminary objection dated September 22, 2021, the AGF, further challenged jurisdiction of the federal high court to entertain the suit.
He argued that under Section 251 of the 1999 Constitution, as amended, the High Court, lacked the powers to adjudicate between a State and the Federation.
“The subject matter of this suit is a dispute between the Delta State as a State and the Federation.
“That the subject matter relates to the recovery of revenue accruing to the federation account, the beneficiaries of which are the Federation and the States of the Federation.
“That the subject matter of this suit is not to be commenced by way of undefended list,” the AGF added.
However, in his judgement, Justice Okorowo dismissed the objection.
News
China Alerts Rivers, A’Ibom, Abia Govs To Economic Triangle
The Mayor of Housing, My-ACE China, has alerted the Governor of Rivers, Akwa Ibom, and Abia states to what he calls an emerging ‘Economic Triangle’ within their states.
Mr China, a real estate success strategist who has won numerous local and international awards, has thus drawn the attention of the governors of the concerned states to the emerging development and has urged them to intentionally accelerate the emergence of the economic triangle.
Speaking to newsmen in Uyo, Akwa Ibom State capital at the conclusion of his business trip to the state, Mr China, who is the managing director of the Housing and Construction Mayor Limited, said the envisaged economic corridor would compete favourably with the Lagos economic hub or even better.
He said: “Talking about ‘Economic Triangle’, the only place that can wrest economic power from Lagos is Akwa Ibom, Abia, and Rivers states axis or corridor. This corridor contains more than Lagos has, if they can be interconnected with smooth roads, ports, and if their blue potentials are unlocked. They will not only wrest power from Lagos but would be more lucrative.”
The investor who is behind the emerging Alesa Highlands Green Smart City in Eleme, near Port Harcourt, said the new ‘Economic Triangle’ has a bigger potential due to massive land assets with the corridor plus blue economy and the existing hydrocarbon industry.
Explaining, Mayor of Housing said Aba (Abia State) provides the biggest fabrication capacity in West Africa to supply goods to the Gulf of Guinea; Port Harcourt provides access to the Gulf of Guinea for off-taking Aba products, and the Uyo provides deep sea port at Ibaka and international airport facilities as well as forest reserves for massive agro-economy.
He said with sea ports in Rivers State and deep seaport in Akwa Ibom, and international airports in Rivers and Akwa Ibom, Aba can focus on adequate power supply and fabrication boom to supply a new booming market around the economic triangle.
By doing this, he said, jobs would spill out in huge quantities and more manufacturers would be drawn from all over Africa to boost the fast coming African Continental Free Trade Agreement (AfCFTA). He said Nigeria would thus have two major trade nodes in West Africa; Lagos and the PH/UYO/Aba triangle.
He said goods going to or coming from Chad, Niger, and the rest of Central Africa can head to the Lagos ports or to the Ibaka/PH ports zone in the new economic triangle.
He said with power supply made stable, good roads, excellent security system, and ease of doing business enthroned in the zone, the South-South and South East would become the biggest economic nerve in the near future.
Mayor of Housing called on governors of the three states to be intentional about the new corridor, put away political differences (if any), and create this corridor by agreeing on projects each state would execute with a short period of time so the states would be linked by good roads, communication, security, trade laws, concessions to investors, etc.
He remarked that northerners were already heading to the Onne Port in Rivers State to export goods, saying creating a commission to oversee the development of the ‘Economic Triangle’ would fast-track its emergence.
He observed that people of the three states are peaceful and usually preoccupied with zeal for economic prosperity, saying that if they are linked to such huge opportunities staring at them in the emerging economic triangle, they would totally shun violence and focus on prosperity.
Mr China insisted that the emerging economic triangle would form a big node not only into the Gulf of Guinea economic zone but into Africa because AfCFTA is about production, certification, market availability, and easy transport nodes by sea and air. He said the new economic triangle boasts of all the factors.
“They can only realise this by working together, through collaboration. One state cannot do it but a triangle of the three will create it through seamless interconnection, ports, industrial park, etc. The people will be the richest and internally generated revenue (IGR) will be the biggest in the country,” he said.
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