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EFCC asks court to refuse Sanwo-Olu’s suit, says it is speculative

Babajide Sanwolu

The Economic and Financial Crimes Commission (EFCC) has urged a Federal High Court in Abuja not to grant the reliefs sought by Gov. Babajide Sanwo-Olu of Lagos State in his fundamental right enforcement suit, describing it as speculative.

The EFCC, in its counter affidavit in opposition to Sanwo-Olu’s originating summon, told Justice Joyce Abdulmalik that the governor’s action in the instant suit is a mere conjecture.

The News Agency of Nigeria (NAN) reports that Sanwo-Olu, through his counsel, Darlington Ozurumba, had sued the anti-graft agency as the sole defendant over an alleged threat to arrest, detain and prosecute him after his tenure as governor.

In the originating summons, marked: FHC/ABJ/CS/773/2024 dated and filed on June 6, the governor raised seven questions and sought 11 reliefs.

Sanwo-Olu sought a declaration that under and by virtue of the provisions of Section 37 of the 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to right to private and family life as a minimum guarantee encapsulated under the Constitution of the Republic of Nigeria, 1999 before, during and after the occupation of a public office created by the Constitution.”

He also wants the court to declare that upon community reading of the provisions of Sections 35(1) & (4) and 41(1) of the constitution, the threat of his investigation, arrest and detention by the EFCC  during his tenure of office as governor is illegal.

The governor prayed the court to declare that the incessant harassment, threat of arrest and detention, against him upon the EFCC’s instigation by his political adversaries based on false and politically motivated allegations of corruption is a misuse of executive powers and abuse of public office.

He, therefore, sought an order restraining the EFCC from harassing, intimidating, arresting, detaining, interrogating or prosecuting him in connection with his tenure as the governor of Lagos State, among others.

However, the anti-corruption agency, in its counter affidavit dated Oct. 30 but filed Oct. 31 by its lawyer, Hadiza Afegbua, said contrary to the governor’s claims, the EFCC neither threatened, invited or took any step at all to encroach on his right to freedom of movement nor violated his right to private and family life and personal liberty.

The EFCC’s objection was sighted on Monday in Abuja.

In the application, Ufuoma Ezire, a Superintendent and Litigation Secretary in the Legal and Prosecution Department of EFCC, who deposed to the counter affidavit, averred that he was conversant with the facts of the case.

According to him, I have the authority, consent and permission of the defendant to depose to this counter affidavit.

“That I have read and understood the plaintiff’s affidavit in support of the originating summons and I hereby state that the depositions in Paragraphs 4, 5, 6, 7 and even 8 are not true and are calculated attempts to mislead the honourable court.

“That the depositions in paragraph 4 sub 4(iv), 4(v), 4(vi), 4(vii), 4(viii), 4(ix), 4(x), 4(xi), 4(xii), 4(xiv), 4(xvi), 4(vii), 4(xviii), 4(xix), 4(xx), 4(xxi),4(xxii), 4(xxiv) and 4(xxv) of the plaintiff’s affidavit are unfounded, untrue and unknown to the defendant and are hereby denied,” Ezire said.

The official said the commission was not investigating the governor and had never invited him or threatened to arrest any member of his staff, domestic or otherwise.

“That I know as a fact that the defendant invites members of the public for interview, interrogation or any engagement vide a written invitation, phone calls or text messages by any of its officers who shall introduce himself or herself by name, rank, designation, and Section to enable the invitee trace the officer easily.

“That no officer of the defendant could have invited the plaintiff or his aides without furnishing them with such detailed particulars of himself.

“That contrary to the depositions in paragraphs 5 of the plaintiff affidavit, the defendant did not intimidate, harass or threaten the plaintiff or subject him to any trauma,” he said.

He said the agency was unaware of any threat to arrest Sanwo-Olu’s “aides, accusation of maladministration or diversion of Lagos State’s funds nor is it aware of any likelihood of a breach of the applicant’s right to liberty or right to own movable and immovable properties in this case.

“That the action of the plaintiff, in this case, is mere conjecture and speculations as there is no petition or any intel gathered before the defendant to warrant the men and officers of same to invite, threaten to
arrest the plaintiff at the moment.

 “That the entirety of the dispositions contained in the plaintiffs’ affidavit is not true, as the application is misconceived and brought in bad faith to mislead this honourable court.

“That the defendant is not in a position to deny or confirm the depositions in paragraphs 4 and 4(iii) as the defendant is not a party to the conversation between the deponent and the plaintiff.

“That it will be in the interest of justice to refuse the reliefs sought by the plaintiff,” Ezire said.

NAN had earlier reported that when the matter was called for mention on Oct. 29, Ozurumba, who appeared for the governor, informed the court that he had withdrawn the earlier originating summons filed and replaced it with a new one.

The lawyer said the anti-graft agency had been duly served with the latest court documents.

However, EFCC’s counsel, Hadiza Afegbua, said she was yet to see the latest documents.

Besides, the proof of service of the processes was not in the court file and Justice Abdulmalik had adjourned the matter until Nov. 26 for further mention.

NAN, however, gathered that though hearing notices had been served on the parties ahead of the Nov. 26 proceeding, the suit may be withdrawn by Ozurumba in the next adjourned date.

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NAFDAC alerts Nigerians on fake products

The National Agency for Food and Drug Administration and Control (NAFDAC) has released a fresh warning on the risks of unregulated products, especially as the festive season approaches.

The warning came after the agency uncovered a warehouse stocked with unregistered and expired supermarket products in Oke-Afa, Okota, part of Lagos State.

According to the Agency on X (formally Twitter), a NAFDAC team acted on intelligence and raided the facility, apprehending operators offloading a 20ft container filled with unregistered carbonated drinks. “A further inspection revealed over 14 rooms packed with unregistered and expired products, some of which were contaminated by rats, indicating poor storage conditions.”

The agency said the facility is currently placed on hold for further investigation and asked the management to provide sourcing evidence such as the Global Listing for Supermarket Items (GLSI) certificate.

It then encouraged consumers to report suspicious activities to any NAFDAC office and remain vigilant by ensuring their product sources are verified, particularly during the coming festive season.

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ICPC tracks N610 billion projects in 22 states

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has kicked off phase 7 of the Constituency and Executive Project Tracking Exercise.

The tracking of the constituency and executive projects is an initiative of the Commission that began in 2019, focusing on how well money allocated to critical sectors of education, health, agriculture, water resources, and power, amongst others, by the government is utilised.

The 7th phase, involving 1500 projects with a total project value of N610 billion, commenced on Monday, November 18th, 2024, in 22 states across the 6 geopolitical zones.

The states are Kwara, Niger, Kogi, FCT, Kebbi, Kano, Kaduna, Jigawa, Bauchi, Gombe, Borno, Lagos, Ondo, Osun, Oyo, Akwa Ibom, Rivers, Cross River, Delta, Imo, Abia and Enugu State.

The phase 7 tracking exercise will cut across agencies of government, including intervention agencies such as North-East Development Commission (NEDC), Niger Delta Development Commission (NDDC), National Agricultural Land Development Authority (NALDA), Universal Basic Education Commission (UBEC), Rural Electrification Agency (REA), National Primary Health Care Development Authority (NPHCDA), Tertiary Education Trust Fund (TETFUND) and Ecological Fund Office.

The objective of the exercise is to deepen adherence to due process in the execution of government projects, improve value for money, and entrench the culture of compliance with the scope and specification as contained in the contract documents.

The ICPC tracked a total of 1,900 projects valued at N500 billion naira in phase 6 of the exercise across 24 states of the nation’s 6 geopolitical zones.

The projects were tracked within the focal sectors of Education, Water Resources, Agriculture, Power, Health, Energy, and Roads.

These projects in the 6th phase were awarded to 1,355 contractors in 176 MDAs.

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FG awards contracts for Calabar, Ebonyi, Benue, Kogi, Nasarawa, Abuja highways

President Bola Tinubu has approved the restructuring of his media team

The Federal Government has signed a contract with Infiouest International Limited for the construction of the Calabar-Ebonyi-Benue-Kogi-Nasarawa-Abuja Superhighway to boost the country’s transportation ecosystem.

Speaking during the signing ceremony in Abuja, Minister of Works, David Umahi, thanked President Bola Tinubu for his inclusive leadership and the distribution of the dividends of democracy.

Umahi also explained that the Legacy Project is strategic for boosting transportation along the economic corridors of the South East and North Central, noting that it would stimulate trade along the regions and foster inter-regional cohesion, cooperation, and collaboration.

He noted that the project will create a seamless movement of goods and services between the Southeast and Northern routes of the road and further the road infrastructure revolution master plan in keeping with the tenets of inclusive leadership in the country.

According to Umahi, the Federal Ministry of Works has also signed a contract with Infiouest International Limited for the construction of Enugu/Abakaliki/Ogoja Highway (Africa Trans-Sahara route) cutting across Cross River, Benue, Kogi, Nasarawa States and terminating in Apo in Abuja.

The Works Minister argued that the project will consist of the reconstruction of the existing jointed, asphalt concrete and laterite surfaced road pavements from Ndibe beach, traversing through Eke Market.

Others, Abaomege, Onueke, Achiagu, Umuoghara/Onu Nwafor, Ukwuachi, Ishieke, Odomoke before terminating at Mbeke in Ebonyi is the third Project spanning 118.85km and it is to be constructed on Continuously Reinforced Concrete Pavement (CRCP).

He assured that the four projects are not just transformational but also critical investments that would turn around the socio-economic fortunes of the country, stimulate diversification, and enhance a more sustainable transportation ecosystem.

Umahi therefore thanked Mr. President for carrying on the execution of the inherited road projects across the 6 Geo-Political zones, including the South East, believing, Lagos – Calabar 750 kilometers sections 1 and 2, construction already are going on very well.

“Despite legal action, the project is a must. We’re supporting Mr. President to have that project accomplished. It is an investment. Very soon, we are starting 3A and 3B in Cross River and Akwa Ibom,” Umahi said.

The Minister argued, “There is Sokoto-Badagry Superhighway, 1,068 kilometers. Two sections are already ongoing. The biggest of the project is the Kebbi section, 258 kilometers. It’s ongoing. We’ve flagged off, and we have paid the first mobilization fee.”

Speaking after signing the contract, the Managing Director of the company, Mr. Joseph Abou Jaounde promised to justify the confidence reposed on them, saying, “We have to carry on with this goal, and we have to prove that we trust in the right place.”

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Alia approves ₦75,000 minimum wage for Benue workers

 Gov. Hyacinth Alia of Benue has approved a minimum wage of ₦75,000 for workers in the state.

Alia in a statement by his Chief Press Secretary, Sir Tersoo Kula, announced the new wage after he met with organised labour representatives on Monday in Makurdi.

The governor said that the new minimum wage would take effect in November 2024.

He stated that the remaining three months of the five-month backlog of salary arrears promised workers would be paid as budgeted in the 2024 budget.

He emphasised that the arrias would be paid along with the new minimum wage.

“We decided to set the wage at ₦75,000, fully aware of the other concerns raised by organised labour during the negotiations.

“These concerns included a minimum wage of N30,000, wage awards, transportation allowances, tax relief, and work-off days, among others.

“Recall that the President had approved the sum of N70,000, which we have decided to exceed, considering the concerns raised by organised labour regarding our ability to pay,” he said.

Alia restated his administration’s commitment to serve the common man and stressed that he would do everything legitimately possible to ensure that Benue workers were properly taken care of.

The governor added that his motivation to ensure the arrears were paid was to alleviate the effects of hardship on workers.

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Lagos court jails NOGASA chair 21 years for N43.5m fraud

Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Monday, November 18, 2024, convicted and sentenced Fatuyi Yemi Philips, an erstwhile Chairman of the Natural Oil and Gas Suppliers Association of Nigeria (NOGASA), to 21 years imprisonment for an N43.5 million fraud.

The Lagos Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) arraigned Philips, alongside his firm, Oceanview Oil and Gas Limited, on April 5, 2022, on a two-count bordering on obtaining money by false pretence to the tune of N43,502,000.00.

Count one read: “Fatuyi Yemi Philips and Oceanview Oil and Gas Nigeria Limited, on or about the 28th day of September, 2016, at Lagos, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the aggregate sum of N43,502,000.00 from Elochukwu Okoye and Elebana Unique Ventures Nigeria Limited on behalf of WAPCIL Nigeria Limited under the false representation that you would sell to WAPCIL Nigeria Limited $98,870.00, a representation you knew to be false.”

Count two read: “Fatuyi Yemi Philips and Oceanview Oil and Gas Nigeria Limited, on or about the 28th day of September, 2016, at Lagos, within the jurisdiction of this Honourable Court, stole the sum of N43,502,000.00, property of WAPCIL Nigeria Limited.”

He pleaded “not guilty” to the charges, which led to his full trial.

In the course of the trial, prosecution counsel M.S. Owede tendered several documentary evidences and called five witnesses to substantiate the allegations against him and his company.

The defence, on its part, called three witnesses during the trial.

Delivering judgment on Monday, Justice Dada held that the prosecution proved its case against the defendants beyond reasonable doubt.

Consequently, the judge sentenced Philips to 14 years imprisonment on count one and seven years on count two, without the option of a fine.

The sentences are to be served concurrently.

The judge also ordered the second defendant, Oceanview Oil and Gas Limited, to pay a fine of N500,000 (Five Hundred Thousand Naira) in respect of count one and another N250,000 (Two Hundred and Fifty Thousand Naira) in respect of count two within 30 days or be wound up.

The court further ordered the convicts to make restitution in the sum of $90,202.00 or the prevailing Naira equivalent to the nominal complainants.

Phillips’ journey to the Correctional Centre began when he collected the sum of N43,502,000 from Elochukwu Okoye and Elebana Unique Ventures Nigeria Limited on behalf of WAPCIL Nigeria Limited, with a false promise of selling its dollar equivalent ($98,870.00) to them. He neither returned the naira nor the dollar equivalent to the petitioners.

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Obasanjo was not an idealleader to emulate—Presidency

The Presidency has dismissed former President Olusegun Obasanjo’s recent critique of Nigerian leadership, labelling him as an inappropriate figure to lecture on governance and morality.

Bayo Onanuga, Special Adviser to President Bola Ahmed Tinubu on Information and Strategy, released a statement on Saturday, describing Obasanjo’s track record as riddled with missteps that undermine his credibility as a model leader.

Responding to Obasanjo’s remarks at the Chinua Achebe Leadership Forum at Yale University, where the former president described Nigeria as a failing state and criticized the administrations of Muhammadu Buhari and Bola Tinubu, Onanuga accused him of hypocrisy.

“Chief Obasanjo’s tenure was marred by brazen constitutional violations, poor economic decisions, and scandals,” Onanuga stated.

He highlighted controversies including the 2004 abduction of Anambra Governor Chris Ngige, unconstitutional impeachments of governors, and the infamous third-term agenda.

“A leader under whose watch these infractions occurred lacks the moral standing to critique others,” Onanuga added.

Onanuga challenged Obasanjo’s claim of economic prowess, citing missed opportunities during his administration.

“He boasted of paying off Nigeria’s debt but left critical infrastructure like roads and power in deplorable condition. His $16 billion investment in the power sector yielded no improvement, and his privatization program undervalued state assets, benefiting cronies rather than Nigerians.”

He further accused Obasanjo of ignoring Nigeria’s vast gas reserves in favour of oil, a misstep Obasanjo himself recently acknowledged. According to Onanuga, this oversight has burdened subsequent administrations, including Buhari and Tinubu, who have had to correct course.

https://twitter.com/aonanuga1956/status/1858527407285690864

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