News
S’Court Reserves Ruling In Union Bank’s Suit Against $15bn Judgment Debt …Queries Prosecutor’s Authority To Try Convicted Ex-Pension Director
The Supreme Court, yesterday, in Abuja, reserved ruling on a motion by Union Bank Plc seeking among others, leave to appeal against a June 5, 2018 judgment of the Court of Appeal in which the bank and three others were ordered to pay an oil and gas firm – Petro Union Limited – about $15billion.
A five-member panel of the apex court, led by Justice Musa Dattijo Muhammad, after listening to arguments by lawyers to parties, said they would be informed when the ruling was ready.
Union Bank’s lawyer, Adegboyega Awomolo (SAN) while arguing the motion, said it contains nine reliefs, among which was an order for leave for extension of time to file appeal and another order for leave to appeal under Order 6 Rule 2(1) of the Supreme Court’s Rules.
Awomolo said his clients seek to raise fresh grounds of appeal and introduce new evidence necessary for a fair and just determination of the court.
He noted that it was strange that, while the judgments of the Federal High Court, Abuja (delivered on March 11, 2014) and the subsequent one by the Court of Appeal (which affirmed the Federal High Court judgment) were based on a £2.556b cheque alleged lodged in Union Bank by Petro Union, the said cheque was never tendered in court.
Awomolo said his client intends to show that Petro Union obtained both judgments by fraud.
He noted that Petro Union’s lawyer, Joe Gadzama (SAN) was only opposed to the grant of reliefs four and six out of the nine reliefs.
He urged the court to disregard the objection raised by Petro Union against his motion and prayed the court to grant his motion on the merit.
Olabisisi Soyebo (SAN) for the Central Bank of Nigeria (CBN) and Tijani Gazali (SAN) for the Attorney General of the Federation and Minister of Finance did not object to Union Bank’s motion.
Soyebo and Gazali, who said they did not file any process in relation to the motion, urged the court to grant it in view of the colossal amount involved and its possible implication on the nation’s economy.
Gadzama, in his response, said he vehemently opposed the motion factually and in law.
He urged the court to uphold the objection he raised and dismissed the motion on the grounds that Union Bank has not given valid and cogent reasons why leave should be granted it.
Earlier, the court finally resolved the dispute over who should represent Petro Union between Gazama and Onyechi Egwuonwu.
The court said, by its earlier ruling on July 6, 2021, it had found that Gadzama was the actual lawyer for Petro Union. It then barred Egwuonwu from further participating in the proceedings.
Petro Union had, in 1994 allegedly procured a cheque from a branch of Barclays Bank in the United Kingdom with a value of £2.556b wich it lodged in a Union Bank branch in Lagos under the pretext that the funds were to be used to construct three petrochemical refinery complexes and a bank in Nigeria.
On March 22, 2012, Petro Union sued at the Federal High Court, Abuja and sought, among others, an order of mandamus compelling the CBN, Union Bank of Nigeria Plc, Minister of Finance and the Attorney-General of the Federation to pay £2,556,000,000.00 to it.
In the suit, marked FHC/ABJ/M/104/2012 Petro Union claimed that the money was deposited with Union Bank in 1994n adding that Union Bank received £2,556,000,000.00 on its behalf and transferred £2,159,221,318.54 to the CBN while it retained £396,778,681.46 as commission.
The defendants – Union Bank, CBN, Minister of Finance and AGF – in their separate counter-affidavits, denied Petro Union’s claims.
But, in the March 11, 2014 judgment, Justice Adamu Abdu-Kafarati of the Federal High Court, Abuja (now late) held in favour of Petro Union and their directors against the defendants.
Justice Kafarati held, among others, that Union Bank was liable to Petro Union in the sum of £396,778,681.46 being the balance of Petro Union’s foreign capital which it supposedly deposited with the Bank in 1994 and that the CBN was liable to the oil firm for the sum of £2,159,221,318.54.
The liabilities were held by the court to be joint and several against all the four defendants – CBN, Union Bank, Minister of Finance and AGF.
Out of the four defendants, only Union Bank and the CBN appealed the judgment of the Federal High Court.
On June 5, 2018, the Court of Appeal, Abuja gave judgment in the appeal by Union Bank and upheld the judgment by Justice Kafarati.
It is yet to determine the appeal by the CBN.
Similarly, the Supreme Court, yesterday, demanded from the law firm of Rotimi Jacobs and Co the fiat issued to it by the Attorney General of the Federation (AGF) to prosecuted John Yakubu Yusufu, who was convicted for diverting N24billion.
Yusufu, a former Deputy Director in the Federal Civil Service Pension Office, who is serving his six-year sentence, appealed to the Supreme Court to have the 2018 judgment of the Court of Appeal, Abuja set aside.
At the mention of the case, yesterday, Theodore Maiyaki announced an appearance for the appellant.
When Oluwaleke Atolagbe (from the firm of Rotimi Jacobs & Co) announced appearance for the respondent (the Federal Republic of Nigeria), a member of the court’s five-justices panel, Justice Centus Nweze sought to know if he (Atolagbe) was from the office of the Attorney General of te Federation (AGF).
Atolagbe said he is a private lawyer from, whose firm was instructed by the Economic and Financial Crimes Commission (EFCC) to prosecute the case from the trial court.
Justice Nweze insisted that Atolagbe must present the fiat issued is firm by the AGF before further steps could be taken in the case.
When asked by the head of the panel, Justice Musa Dattijo Muhammad, if he has the fiat with him in court, Atolagbe said no, but that a letter from the EFCC, authorising his firm to prosecute the case, was in the office.
In a ruling, Justice Muhammad said, although the court sympathised with the appellant (who Maiyaki said was currently in a correctional facility), further proceedings in te case would be suspended pending when the respondent produces the fiat issue on which basis it prosecuted the case.
Justice Muhammad then adjourned January 27, 2022 at the instance of the respondent.
Justice Abubakar Talba of the High Court of the Feral Capital Territory (FCT) had, in a judgment on January 28, 2013 convicted Yusufu on a three-count charge to which he pleaded guilty following a plea bargain agreement with the prosecuting agency, the Economic and Financial Crimes Commission (EFCC).
Justice Talba had sentenced him to two years imprisonment on each count, with the option of N250,000 for each count, a decision the EFCC appealed.
In its judgment on March 21, 2018 the Appeal Court reversed the judgment of the High Court of the FCT and sentenced Yusufu to a cumulative six years imprisonment.
The appellate court then ordered to refund N22.9 billion to Federal Government’s coffers, a decision e appealed to the Supreme Court.
Although the Appeal Court’s judgment was given in 2018, Yusufu remained a free man until June 2020 when the EFCC arrest announced that its operatives arrested him in Gombe State.
He was later taken before Justice Hussein Baba-Yusuf of the High Court of the FCT, who on June 22, 2020 ordered him to be sent to prison to serve his sentence.
This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.
The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.
Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.
Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.
He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.
The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.
During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.
The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.
Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.
Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.
The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.
According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.
Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.
The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.
King Onunwor
News
Fubara Reaffirms Commitment To Blue Economy, Private Sector Growth …Calls For Protection Of Marine Resources
Rivers State Governor, Sir Siminalayi Fubara, made this known during the opening ceremony of the 2026 Annual General Meeting and Conference of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), held in Port Harcourt, last Thursday.
Represented by his deputy, Prof. Ngozi Odu, Governor Fubara described the conference theme, “The Gulf of Guinea and Blue Economy: Pathways to Trade, Investment and Security Towards a $1 Trillion Economy,” as both timely and strategic.
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?The governor welcomed the leadership of NACCIMA, delegates from the 115 Chambers of Commerce across Nigeria, members of the diplomatic corps, captains of industry, investors, and other distinguished guests to Rivers State.
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?He commended the National President of NACCIMA, Engr. Jani Ibrahim, for choosing Rivers State as the host of the 2026 conference, noting that the decision had drawn national attention to the immense economic opportunities embedded in the blue economy.
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?Fubara stated that the blue economy possesses the capacity to generate revenue that could surpass earnings from the oil and gas sector if properly developed and managed.
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?He stressed the need for Nigeria and other countries along the Gulf of Guinea to take deliberate steps toward maximizing the benefits of their maritime resources while guarding against the continued exploitation of coastal assets by foreign operators.
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?Expressing concern over the activities of foreign fishing trawlers operating in Nigerian waters, the governor noted that many harvest seafood resources without making meaningful economic contributions to the country.
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?He emphasized the need for stronger monitoring mechanisms and enhanced protection of Nigeria’s marine resources.
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?”We must wake up and hit the ground running. If we do not capitalize on and utilize our blue economy, other nations will utilize it for us,” he stated.
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?The governor thanked NACCIMA for what he described as a timely wake-up call on the importance of the blue economy and maritime security, adding that the successful hosting of the conference in Rivers State demonstrates the state’s safety, hospitality, and readiness for business and investment.
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?Earlier in his remarks, the President of NACCIMA, Engr. Jani Ibrahim, expressed appreciation to the Rivers State Government for hosting the 66th Annual General Conference of the Association and for the warm reception accorded delegates.
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?He noted that the state’s commitment to hosting the conference reflects its readiness for business and has helped restore investors’ confidence in its economic potential.
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?According to him, NACCIMA highly values the cordial relationship between the Rivers State Government and the organized private sector, emphasizing that the association remains the foremost voice of the Nigerian business community.
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?In her welcome address, the President of the Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, described the conference as a historic milestone, noting that it was the first time in the Chamber’s 66-year history that it was hosting the national body of NACCIMA.
Nwoga commended the national leadership for entrusting PHCCIMA with the hosting rights and pledged the Chamber’s continued commitment to advancing the objectives of the association and promoting sustainable economic growth through private sector engagement.
Fubara gave the order during his visit to the site of the collapsed building last Thursday to assess the situation.
He said the site will remain “completely sealed off” until the government gets to the “root cause” of the incident.
He described the incident as unfortunate but observed that preliminary investigation had shown that the developer had earlier refused to subject his site to inspection by the state authorities and comply with the necessary building regulations.
The governor, who inspected the site alongside the Commissioner for Physical Planning and Urban Development, Sir Amairigha Edward Hart, and the Permanent Secretary of the Ministry of Special Duties, Dabite Sokari George, explained that he couldn’t visit the site the previous day because he was awaiting formal briefing from the relevant agency of government on the situation.
“We’re here to see for ourselves the very unfortunate incident that took place here. I didn’t come yesterday because I wanted to get the report first, and the Commissioner did brief me that the incident site, first, is not as claimed by the developer, that it’s not under the jurisdiction of the state; that it’s under the jurisdiction of the Federal Housing Authority.
“He also informed me that when the project was ongoing, they came here severally to inspect what was happening and also to see the level of compliance. But unfortunately, that the developer kept claiming that we don’t have any right to interfere,” he said.
Fubara said that the issue was no longer about interference but about the life lost to the building collapse and the collateral damage brought upon the family of the deceased.
He extended condolences to the families of the victims, insisting that the incident could have been avoided if the developer had complied with the rules guiding the engineering design and construction of such a structure in the 21st century.
“We feel very sorry and very regretful that such an incident should be happening in this 21st century because technology has advanced, engineering has developed. I wonder what kind of engineer would even allow this kind of project to go on when everything about it from inception has been faulty.
“I think that at this point, nothing is going to happen on this site any more. We are going to make sure that this place is completely sealed off until we get to the root cause of this incident,” the governor said.
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