Oil wells saga: Presidency angry with Gov. Amaechi

Soni Daniel

 RIVERS State Governor, Mr. Rotimi Amaechi, must have ignorantly incurred the wrath of the Presidency, following his insistence that Soku/Oluasiri oil wells should not be taken away from his state and given to neighbouring Bayelsa State.
Rivers and Bayelsa states, which constitute President Goodluck Jonathan’s home front, are embroiled in a bitter feud over the ownership of the oil wells.
Protesters, including top traditional and political leaders from the two states have taken turns to vent their anger over any attempt by the other state to claim further revenue from the disputed wells.
But in a swift move to prevent the two sister states from fighting over the oil wells, President Jonathan has held several meetings with the two sides and asked them to sheath their sword.
However, while the rapprochement is ongoing, the Presidency is said to be angry with Amaechi for allegedly being ‘confrontational’ over the oil well saga.
Although Amaechi, who is also the Chairman of Nigeria Governors’ Forum, has not directly confronted any presidential officials over the matter, it was learnt that the Presidency suspects that he is being used by some Northern elements to work against the establishment.
According to one competent source, the impression in the Villa is that Amaechi is working towards becoming a vice president to a northern presidential aspirant and has not given due respect to ‘constituted authorities’.
Specifically, the action of the governor is seen as an affront on the powers that be and unbecoming of a man who should rally round the President at all times because of his affinity to the President.
The government is said to have been miffed by the governor’s silence on the amount of oil revenue the Presidency has so far ordered the Revenue Mobilisation Allocation and Fiscal Commission to refund to Rivers State based on unmerited claims by other states over time.
SweetCrudeReport

CJN Mukhtar must clean up judicial appointments, By Chidi Anselm Odinkalu

Chidi Odinkalu: “What CJN Mukhtar suggests by her action is that there can be no potability of origins for the Nigerian woman”

On Monday, 5 November 2012, Chief Justice of Nigeria (CJN), Aloma Mukhtar, was scheduled to administer oaths of office to 12 newly appointed Justices of Nigeria’s Court of Appeal at the premises of the Supreme Court in Abuja. All 12 had scaled through the rigorous processes preceding appointment and had received their letters of appointment.

To enable them fulfill the administrative processes preceding swearing in, the newly appointed Justices were required to arrive in Abuja the previous week. On the afternoon of Friday, 2 November, the CJN’s Secretary telephoned one of the newly appointed Justices, Honorable Justice Ifeoma Jombo-Ofor, to request her to see the Chief Justice urgently.

At the Supreme Court, Justice Jombo-Ofor proceeded to the CJN’s Chambers. Sources at the Supreme Court authoritatively report that at the meeting, CJN Mukhtar briefly interrogated Justice Jombo-Ofor as to her state of origin and accused her of not being an indigene of the State she claimed before abruptly ending the meeting.

Following her brief encounter with the CJN, Justice Jombo-Ofor was seen leaving the premises of the Supreme Court in severe distress. On Saturday, 3 November, the Chief Registrar of the Supreme Court instructed her through a telephone call not to attend or present herself for the swearing in on 5 November. All these developments took place orally.

On Monday, 5 November, the CJN administered the oath on 11 Justices instead of 12. Chief Justice Mukhtar had administratively stepped down Justice Jombo-Ofor from among the Justices to be sworn in. It emerged that Justice Jombo-Ofor was not sworn in because, in the opinion of the CJN, she was not an “indigene” of the State whose origins she claimed, Abia State.

In one sentence, the decision of CJN Mukhtar in this matter pertaining to Justice Jombo-Ofor’s swearing in is flawed in process, wrong in law and subversive of our constitutional values of equality among citizens.

Let us begin with the process. The administration of oath of office follows judicial appointment and does not precede it. With respect to appointments to the Court of Appeal, this process begins with the nomination of candidates by the respective heads of court around the country. In Justice Jombo-Ofor’s case, the Chief Judge of Abia State would have consented to her appointment. Thereafter, the security services would usually prepare dossiers on the candidates. The nominations and dossiers would be considered by the Federal Judicial Service Commission (FJSC) chaired by the CJN. The FJSC then reports to the National Judicial Council (NJC), also chaired by the CJN, which decides on which candidates to recommend to the appointing authority, the President.

Based on the nominations received from the NJC, the President then exercises the power under Section 238(2) of the Constitution to formally execute the instruments of appointment and to issue and transmit letters of appointment to the successful candidates.

This process is long and arduous and involves all the branches and levels of our government in the most intricate advertisement of constitutional checks and balances possible. No one can scale through to appointment if the CJN objects at either the FJSC or the NJC. But because of this process also, she cannot be heard to object at the stage of swearing in because to do so at that stage would impugn the integrity of the judicial appointment process, call her own decision making into question, and possibly render her position untenable.

This is why the decision to refuse to administer the oath on Justice Jombo-Ofor is also wrong in law. Having been involved institutionally in the process of appointment, the CJN should either be recused from any post-appointment objections or, alternatively, estopped from doing so. In any case, at this point in the process, the CJN is devoid of the legal power to countermand the appointing authority.

Once the instrument of appointment is executed, Justice Jombo-Ofor can only cease to be a Justice of the Court of Appeal if she is removed through an established judicial disciplinary process, impeached as provided in the Constitution or her elevation is nullified by a court of competent jurisdiction. None of these happened here. Surely, a matter as serious as this cannot be handled orally or by a sequence of cellular telephone calls.

The flaws in process and want of legality reinforce the twin damage that this entire episode does to our constitutional values. First, it denies women, especially married women, equality of opportunity contrary to our constitution. Ifeoma Jombo-Ofor, a 58-year old married grandmother was born in the former Eastern Region of Nigeria in 1954. By the time she got married 33 years ago in 1979, her parental origins had become Anambra State but her husband was from Imo. In 1981, she was appointed a Magistrate in Anambra State. In 1991, when Abia State was created, her husband’s state became Abia. In 1998, the Abia State Government appointed Ifeoma Jombo-Ofor a Judge of the High Court of Abia State. She has served in this capacity since then.

In any serious clime, this story of her exclusion from judicial oath of office would be laughable. The process was ham-handed to say the least and it is surely tragic that we have got to a point where the defining issue in judicial appointments is not whether the candidate is up to the difficult job of being a judge but where they come from.

What CJN Mukhtar suggests by her action is that there can be no potability of origins for the Nigerian woman. Yet in 1985, the Supreme Court had decided in Olowu v. Olowu [1985] 12 S.C. 84, that there is in fact such potability. For married women, this is important. Every married woman belongs to the place where she is born and also to the place into which she is married. This dual identity is not opportunistic. Instead of affirming this fact, the CJN took an administrative decision whose immediate impact is to diminish public service opportunities open to married women in Nigeria by rendering them effectively stateless. For this, Nigerians are entitled to take her to task.

Ironically, 20 years ago, the same NJC’s predecessor, the Advisory Judicial Committee (AJC), rejected the appointment of a female judge from then Cross River State because she was an unmarried mother. So as a woman, you lose professional preferment, whether married or unmarried.

Secondly, the “rules of origin” in the judiciary require urgent attention. Three years ago a judge of the Lagos High Court, Bunmi Oyewole, was refused elevation to the Court of Appeal because his origin is Osun State. In October 2012, the NJC reportedly declined to support his nomination as Chief Judge of Osun State because he is a judge of the Lagos State High Court. Mere mortals may struggle to make sense of this.

The treatment of Justice Jombo-Ofor is disgraceful and beneath the dignity of the judicial branch. On 7 November, the Senate resolved, in an unprecedented step, to condemn the decision of the Chief Justice and request her to swear in Justice Jombo-Ofor. She should comply. She should also review and clarify the criteria for federal judicial appointments. This mess of origins must be cleaned up.

Odinkalu chairs the Council of the National Human Rights Commission

PremiumTimes

Oshiomhole dresses up to receive Benin monarch

Jethro Ibileke

Oshiomhole draped in Agbada receives Benin Monarch

Governor Adams Oshiomhole of Nigeria’s Edo state jettisoned his working class garb Thursday as he came to office dressed in a white agbada, the full traditional dress common in Western and Northern Nigeria. But his dress was not fully complete: the comrade governor, leader of the working class forgot to put on a cap.

Eyebrows were raised as the comrade governor has never made a showy dressing a feature of his government in the last four years. Even on his swearing-in day for a second term on Monday, Oshiomhole appeared in a working class khaki, a short-sleeved shirt and trousers, as guests appeared in flowing robes and designer suits.It was not long however to fathom the reason for the Governor’s dress: he was billed to receive the respected, revered monarch of the Benin Kingdom, Omo N’oba Erediauwa.
Oshiomhole had simply put on a garb fit for a royal reception.
The visit to Government House by the the Benin Monarch, was a rare show of public appearance.

Benin monarch visits Oshiomhole

The Monarch arrived the Government House in company of some Senior Palace Chiefs and Enogies and paid tribute to the Governor for his transformation achievements in the state, particularly in Benin City, urging him to keep up with the good work.“I came to congratulate you on your swearing-in. I watched it on television and it was very impressive. You have done well. Keep the flag flying,” the Monarch said.
Aligning himself with prayers offered, the Monarch who is rarely seen in public noted “my Chief broke kola and said, may God continue to enrich the treasury with the wherewithal to do what you are doing. Please finish the projects and thank you very much. My brother traditional rulers are waiting for you to continue work in their domains.”
Oba Erediauwa commended the governor’s extemporaneous speech at his inauguration, adding “you are a wonderful man.”
Responding, elated Governor Oshiomhole expressed deep gratitude to the Oba for his support and prayers.
“I am deeply indebted to your Majesty. Your Majesty has been a father to me and to all of us in Edo State. My own biological father would not have done better for me than what you have done.”
Outlining his vision for the second term, the Governor noted “I am determined to do more than what I did in the first term. We have overcome our learning curve.”
He listed the next phase of work to include aggressively reclaiming the moat and sustaining the work on the Benin Masterplan, adding that over the next two years, it would be completed.
“Your Majesty, we would restore the beauty of this great city. This is the capital of this kingdom, this is the capital of Edo State. I am indebted to the Bini for accepting me as a son and a brother. By their votes they spoke very loud and clear,” Oshiomhole concluded.
PMNews

Alleged murderer of General Shuwa killed

Nigeria’s military on Thursday claimed to have killed a Boko Haram commander behind the recent high-profile assassination of a retired general in a “major offensive.”
“During the offensive and in a counter-attack, a major commander of the Boko Haram terrorist sect commanding the northwest and the northeast, Ibn Saleh Ibrahim, with some of his commanders and foot soldiers, were killed by (our) own operation troops,” a military statement, signed by Lt.col Sagir Musa, said of Thursday’s operation in the northeastern city of Maiduguri.
“The late Ibn Saleh was confirmed to be responsible for the recent assassination of Civil War hero, the late General Mamman Shuwa, through the orders of the leader of the Boko Haram terrorists, Abubakar Shekau.”
Sagir Musa said: “In a sustained follow-up operation, the combined troops of the JTF, the State Security Service (SSS), supported by armoured personnel carriers conducted a major offensive operation in Maiduguri.
“The operations took place at Ngarnam, Bulabulim and Bayern Quarters against insurgent terrorists,” Musa said.
“Several weapons, ammunitions and Improvised Explosive Devise (IEDs) were recovered during the operation.
“The operation is still ongoing to get other terrorists in hiding.”
Nigeria’s military has however frequently exaggerated its successes against Islamist extremist group Boko Haram, whose insurgency in the country’s northern and central regions has left hundreds of people dead.
The claim from the military could not be independently verified.
The statement called it a “major offensive” that included armoured vehicles and helicopters.
The retired general, a key figure in the 1960s civil war, was shot dead on November 2 by what was then described as unidentified gunmen at his home in Maiduguri, the city hardest hit by the Boko Haram

General Mohammed Shuwa: assassinated

insurgency.Shuwa, 79, was a top adviser to Yakubu Gowon, the former military head of state who led Nigeria during the 1967-70 Biafra civil war that left more than one million dead, including many from starvation.
He also served as a senior leader in the 1975-76 junta of Murtala Mohammed.
In an interview at his home in May, Shuwa pulled out a handgun that he said he carried for his own protection and told AFP that anyone could potentially be targetted by Boko Haram in the violence-torn city.
Boko Haram has carried out scores of targeted assassinations in addition to bombings and shootings. The insurgency has left some 3,000 people dead since 2009, including killings by the security forces.
The group has claimed to be seeking an Islamic state in Africa’s most populous nation and largest oil producer, though its demands have repeatedly shifted.
It is also believed to include a number of factions with differing aims in addition to criminal gangs and imitators who have carried out violence under the guise of the group.
At the same time, Nigeria’s military has been accused of widespread abuses in its bid to crack down on the Islamists, including killings of civilians, burnings of homes and unlawful detentions.
Both Human Rights Watch and Amnesty International recently issued reports accusing the military of major abuses in response to Boko Haram.
Human Rights Watch alleged that Nigerian security forces as well as Boko Haram may both be guilty of crimes against humanity.
PMNews

Court empowers AMCON to take over Ubah’s properties

by: Eric Ikhilae

It is, indeed, a trying time for businessman and oil marketer, Ifeanyi Ubah and his company, Capital Oil and Gas Industries Limited.  A Federal High Court in Abuja has ordered a temporary forfeiture of over 12 real estate properties located in Lagos, Anambra, Enugu and Niger states.

Justice A. Abdu-Kafarati, in a ruling on Wednesday ordered the nation’s 21 commercial banks to, within three days and upon receiving the order, provide the court with details of Ubah and his company’s financial standing with them.

The court also ordered the Inspector-General of Police, Assistant Inspectors-General of Police and the Commissioners of Police in Lagos, Enugu, Anambra and Niger states to assist in the enforcement of the orders.

Justice Abdu-Kafarati’s orders were on an ex-parte application by the Asset Management Corporation of Nigeria (AMCON) in a suit marked: FHC/ABJ/CS/714/2012.

By the order, Ubah and his company are to grant “immediate possession”of the affected properties to AMCON pending the determination of a substantive suit it filed. The court granted AMCON leave to serve the defendants originating processes in the case on the defendants at 1 Capital Oil Close, Westminster, Ibru Jetty Complex, Ibafon, Apapa, Lagos.

The court also ordered AMCON to enter undertaking as to damages in the event that the court finds that the order ought not to have been given.

This development is coming on the heels of a similar order by a London court ordering a worldwide seizure of Ubah’s known assets.

The court, presided over by Justice Cooke, ordered that until the return date or further order of the court, Ubah and Capital Oil, must not remove from England, Wales or any other part of the United Kingdom, any of their assets, which are in England and Wales valued at over $133 million or in any way dispose of, deal with or diminish the value of any of their assets up to the same value.

The injunction covers the following assets: The property known as Capital Oil and Gas Industries Limited at 1, Capital Oil Close, Westminster; Ibru Jetty Complex, Ibafon Apapa, Lagos State; or the sale of the money, if any of them have been sold.

The court also ordered that until a further order of the court, the respondent and each of the parties are prohibited from taking any steps whatsoever, whether directly or indirectly, to dissipate, dispose or in any way impinge on Access Bank’s right in and to any product covered by six Bills of Lading dated October 8, 2011, October 14, 2011, October 18, 2011, November 10, 2011, November 13, 2011, and December 21, 2011 including (but not limited) to products that have been and will be received into the shore tanks at Apapa, Lagos, and in particular, approximately 40,000 metric tonnes received in June/or August 2012.

The court further directed that Ubah and Capital Oil should within seven days of service of the order swear and serve on Access Bank’s solicitors an affidavit of their assets worldwide exceeding £50,000 in value whether in their own names or not and whether solely or jointly owned, giving the value, location and details of such assets.

It noted that failure by the respondents to comply with the orders of the court would be tantamount to contempt of court.

TheNation

Babangida: I learnt political notes from Olusola Saraki

by: Yusuf Alli

A former Military President, Gen. Ibrahim Babangida, yesterday described former Senate Leader Dr. Abubakar Olusola Saraki as a refined politician from whom he learnt a “few political notes”.
Also, a former Governor of Nasarawa State, Alhaji Abdullahi Adamu, said the late Saraki was a bridge between the North and the South.
Babangida, who spoke on Saraki in a statement through his Media Adviser, Prince Kassim Afegbua, said the former Senate Leader understood the dynamics of politics.
The statement said: “Nigeria has once again lost a rare political gem, such a refined man who understood the tempers and mercies of politics and who gave more than a passing interest in nurturing it.
“ He was a man that cultivated his politics in a very peculiar manner and espoused the practice of generosity and good neighbourliness to sustain his array of political followers. Easily called Oloye by his numerous followers back in his native Ilorin , Senator Olusola Saraki was a politician that created his own panache throughout his entire political sojourn.
“He was very close to me and I had the rare privilege of learning a few political notes from his rich reservoir of political knowledge.
“Senator Saraki has the mileage that most politicians do not have. He was kind, generous, God-fearing and enjoyed a popularity that was peculiar to him alone. He understood the dynamics of Nigeria politics and was able to sustain his political relevance through and through.
“Even though death is the final sting of man, it is hurting to lose such a political colossus at this time. His death struck me with awe. It is nostalgic especially when I reflected on those good old days when we shared certain political philosophy together; the philosophy of one Nigeria , the philosophy of growth and development and the symbolic practice of being kind to fellow human being.
“Senator Olusola Saraki’s philanthropy was infectious and down-to-earth. His love for the ordinary folks out there earned him a place in their million hearts. He was the masses man who craved for the elimination of poverty. He shared his riches and politics with many, and his ability to fit into all political groupings was what made his life very unique.
“On behalf of my family, I join millions of his admirers, friends and associates in condoling his family over this painful loss. May Allah in His infinite mercy grant him eternal rest in the hereafter. May He grant the family the strength and courage to bear with this hurting loss. Adieu, Oloye until we meet to part no more.
On his part, a former Governor of Nasarawa State, Senator Abdullahi Adamu, in a statement in Abuja , said the late Senate Majority Leader was one of the most successful brokers of peace and “a bridge” between the Northern and Southern parts of Nigeria .
Adamu said: “When he was majority leader, the NPN had a slim majority that made it impossible for it to carry out its agenda but the late Saraki’s political sagacity made him find a way for the ruling party to always have its way in the Senate.
“It was to his credit that he held firmly to Kwara State and was able to not only provide adequate leadership for the people but also used it as a spring board for meaningful contributions to national politics.”
He commiserated with the Saraki family and urged the Kwara State Government to immortalise Baba Oloye as the deceased was fondly called.
He added: “The exceptional touch of Baba Oloye, with the grassroots was one of the major sources of his political relevance and something other Nigerians should emulate. He was a self-made person who came to limelight and stayed in the limelight.
“The late ‘Father of Kwara Politics’, as some fondly called Dr. Saraki, had been a prominent political feature at all levels of the country’s democratic journey, from the First, Second, Third and Fourth Republics.
“It is hard to forget the profound roles Dr. Saraki played in the formation of the National Party of Nigeria (NPN) in the Second Republic , the Peoples Front (PF) in the aborted Third Republic and the defunct All Peoples Party (APP) in this Fourth Republic , before he joined us in the Peoples Democratic Party (PDP).
“He was a good Muslim with a compassionate heart. I urge other Nigerians to learn from the deceased’s virtues of compassion and humility.”
While urging his son, Senator Bukola Saraki, to emulate his father, he called on the people of Kwara to give him all the support to be able to fill in the giant shoes left behind by his father.”
TheNation

Jonathan: fuel subsidy to go

by: Vincent Ikuomola

NIGERIANS were told yesterday to brace up for a full deregulation of the petroleum industry’s downstream sector.
Fuel prices range from N100 per litre to N110 and N130 in many states – no thanks to supply problems. Motorists are grumbling.
But the situation may get worse – price-wise – going by Dr. Goodluck Jonathan’s speech yesterday.
In his view, full deregulation of the downstream sector is the solution to fuel shortage.
The popular thinking is that deregulation will bring higher prices; the government insists it will not. The policy, says the government, will ensure regular supply and free some cash to rebuild the country’s infrastructure.
To Dr. Jonathan, to attract investors, who will build refineries and end importation of petroleum products, subsidy must go.
The President spoke in Abuja when he received the report of the graduating participants of the Senior Executive Course 34, 2012 of the National Institute of Policy and Strategic Studies (NIPSS), Kuru, at the Presidential Villa.
The government, in January, announced the deregulation of sector, but its action, which pushed up petrol price, was greeted by massive protests. The plan was dropped, with fuel price rising to 97per litre.
Nigeria’s four refineries in Port Harcourt, Warri and Kaduna are working at about 30 per cent capacity. The remaining 70 per cent of the nation’s need is imported.
The President noted that only if people could bear the pain, total removal of fuel subsidy would make Nigerians happier.
He likened the process of transforming a nation to surgery, which could be painful but would make the patient healthier at the end.
“Why is it that people are not building refineries in Nigeria, despite that it is a big business? It is because of the policy of subsidy, and that is why we want to get out of it.
“To change a nation is like surgery. If you have a young daughter of five years who has a boil at a very strategic part of the face, you either, as a parent, leave that boil because the young girl will cry or you take the girl to the surgeon.
“So, you have the option of just robbing mentholatum on the face, until the boil will burst and disfigure her face or you take that child to the surgeon. On the sighting of a scalpel of the surgeon alone, the child will start crying.
“But if she bears the pains, after some days or weeks, the child will grow up to be a beautiful lady.”
“There are certain decisions that government must take that may be painful at the beginning and people must be properly informed so that they will be ready to bear the pains,” he said.
The President expressed optimism that Nigeria will achieve a turnaround in fortune within 10 years, with the right policy.
He said: “I believe that you do not need a lifetime to change a nation. Under 10 years, Nigeria can change and people will not even believe that this is Nigeria again. Immediately you come up with strong policies in key sectors of the economy and keep it for 10 years, the change will be astronomical.”
Comparing Nigeria and Canada on the running of refineries by the graduants, said Canada has 16 functional refineries and Nigeria has four that are struggling to refine at 30 per cent of installed capacity because all the refineries in Canada are privately-owned.
“Immediately you made that statement, I sent a note to my Chief Economic Adviser to tell me the ownership structure of the refineries in Canada. I wanted you to tell us why they are working. He replied that all the refineries in Canada are private sector owned, with strong public sector regulatory regime and this is the key thing,” he said.
The President, who also commented on the debts being owed by NIPSS, especially N105m tax arrears, said it is a criminal offence for any agency of government to deduct employees’ taxes without remitting same to authorities.
“It is a problem in this country, whether you are an agency of government or not, you must deduct tax and if you fail to remit it, it is a criminal offence. We do not encourage departments of government to deduct tax and keep it,” he said.
The NIPSS participants described the precarious security situation as a disincentive to business in their report entitled: “Resource diversification for sustainable economic development in Nigeria”.
They identified unemployment as one of the causes of insecurity and urged the government to address it.
“One of the greatest threats to security is unemployment. It provides for unemployed youths and other disgruntled persons to attack the system which they believe is responsible for their plight,” the report said.
In tackling the scourge, the NIPSS participants called on the government to strengthen trans-border security through bilateral agreements.
They returned a damning verdict on the nation’s airports, saying they all lack the capacity to counter terrorism.
The airports, according to them, are characterised with porous perimeter fences without Closed-Circuit Television (CCTV).
“The nation’s aviation sector is not robust enough for diversification,” they said.
They said the maritime sector is over dependent on foreign carriers.
The NIPSS graduates urged the media to be objective and responsible in their reportage.
For the country to successfully diversify, government must strengthen its security apparatus, they said.
The participants also decried the situation in which the nation is over-dependent on crude oil and natural gas.
“Nigeria needs to reduce its level of dependency on crude oil and expand development of its rich non-oil sectors. Human resources is key to diversification.”
They said research and development were required to improve the economy.
They said good governance is critical to resource diversification.
In that regards, they urged the President to ensure that the terms and conditions of the Performance Contract Agreement he recently signed with his ministers are strictly enforced.
TheNation