JUST IN: Drama as Senate passes PIB By Sanni Onogu

...Demons of PIB defeated - Lawan The Senate on Thursday passed the Petroleum Industry Bill (PIB) with a provision that granted the use of 30 per cent of oil and gas profits of the Nigerian National Petroleum Corporation Limited to fund oil exploration activities in frontier basins. But this was not without drama at plenary on what percentage of operating expenditure of oil companies should constitute funds earmarked for host communities’ development in the Bill. Senate President Ahmad Lawan said the passage of the historic bill marks a watershed for the 9th Assembly, saying: “PIB demons have been defeated.” The passage of the Bill followed the consideration of the report of the Senate Joint Committee on Downstream Petroleum Sector; Petroleum Resources (Upstream); and Gas on a “Bill for an Act to provide Legal, Governance, Regulatory and Fiscal Framework for the Nigerian Petroleum Industry, the development of Host Communities and for related matters, 2021,” popularly called the Petroleum Industry Bill (PIB). The lead Chairman of the Joint Committee, Senator Sabo Mohammed Nakudu presented the report. The Senate, after due consideration, approved that host communities would henceforth enjoy 3 per cent ($502.8million) of annual operating expenditure of oil firms to be contributed into the host community development trust fund. However, Deputy Senate President, Ovie Omo-Agege, in his contribution, pleaded with the Senate to increase the 5 per cent proposed for the development of host communities in the Bill. Nakudu said: “The Joint Committee’s recommendation recognises the need for the country to urgently and aggressively explore and develop the country’s Frontier Basins to take advantage of the foreseeable threats to the funding of fossil fuel projects across the world due to speedy shift from fossil fuel-to other alternative energy sources. “To this end, the Committee recommends funding mechanism of thirty percent (30%) of NNPC Limited’s profit oil and profit gas as in the production sharing, profit sharing, and risk service contracts to fund exploration of frontier basins.” On funding for host communities, the joint Committee had earmarked five per cent but the Senate slashed it to three per cent operating expenditure of oil firms. Nakudu said: “This chapter highlights the effective and efficient administration of the Host Community Trust Fund which is to be anchored by the settlor, i.e. the oil and gas companies operating in the host communities. “The various recommended provisions when passed into law, will ensure a peaceful operating environment that will have a positive direct impact on the cost of oil and gas production which has been the bane of the Nigerian oil and gas industry. “After extensive engagements with various stakeholders and on-the-spot assessment visits to host communities across the country, the Joint Committee recommended strengthening measures and saddled the host communities with responsibilities with a view to reducing or completely eradicating interferences and tampering in the country’s oil and gas production assets. “Furthermore, to ensure adequate development of the host communities and reduction in the cost of production, the Joint Committee recommends five per cent (5%) of the actual annual operating expenditure of the preceding financial year in the upstream petroleum operations affecting the host communities for funding of the Host Communities Trust Fund.” Earlier, Omo-Agege said even though the 5 per cent provision for host community development in the Bill was arrived at after due consultation, he called for a slight increase to assuage the feelings and pains of oil bearing communities. He noted that while the Niger Delta people want a deal, “a no deal is better than a bad deal.” Omo-Agege said: “Today I speak not as the deputy Senate President but I speak as the senator representing Delta Central Senatorial District. “For us in the Niger Delta there are three areas that are of much interest to us. I’m sure my other colleagues will speak to it. “On the whole, the major thrust, the rationale for pushing for this Bill which has eluded this country for so many years is for us to get a law in place that will create an enabling environment for foreign investors coming with their money to invest in the sector before as we were told, our oil will go out of fashion. “Some of us have this belief that no matter the thinking of the investment community, oil will always be relevant. Some of them have made the case that in the next 10 to 15 years, there will be no use for oil. “Mr. President, this may be acceptable to a lot of people in this country but in my Senatorial District and indeed in most of Niger Delta, they are prepared to let this oil remain on the ground until may be another 40 to 50 years when there may be need for oil again. “What does that mean? Mr. President, they want a deal but they want a good deal. Sometimes Mr. President, no deal could be better than a bad deal. “Mr. President, when we raise these issues, I want to thank you most especially. I want to thank the Senate Leader and the leadership for the leadership role you played in arranging for our colleagues to meet and engage and come with some sort of accommodation. “And Mr. President, this Bill as originally conceived provided only 2.5 per cent contribution by sector companies to the host communities trust fund. This is not the first experiment or first attempt. “Mr. President, I will still make a case if possible that we go a little more than the five per cent already agreed. “I understand we cannot meet the 10 per cent. But that is the clamour at home. I need to plead that if there is a chance we can go a little more than the five per cent, we will be grateful.” Co-Chairman of the Joint Committee, Senator Bassey Albert Akpan, noted that the 5 per cent provided for host communities in the Bill connotes that property and equipment of oil companies will be secured by host communities or part of the trust fund would be used to remedy any damage or theft. However, it was learnt that the Senate decided to reduce the five per cent earmarked for host community trust fund to three per cent following the closed door briefing of lawmakers by the Minister for State, Petroleum Resources, Timipre Sylva and Group Managing Director of the NNPC, Mele Kyari. However, efforts by Omo-Agege, Senators George Sekibo and James Manager to get a better deal for the development of host communities failed. During the clause by clause consideration of the Bill, Senator Ahmad Babba Kaita (Katsina North), proposed an amendment to the effect that if the contribution to host communities trust fund is pegged at three per cent, government will ensure security of oil firms’ equipment but if it is five per cent, communities would be responsible for securing production equipment in their domain. When it was put to voice vote, the 3 per cent sailed through. Apparently, peeved by the development, Sekibo called for a division of the Senate citing order 73 of the Senate Standing Orders. Senate President Ahmad Lawan and Senate Leader, Yahaya Abdullahi, prevailed on Sekibo to withdraw his motion in view of the “existing unity in the Senate.” Sekibo withdrew his motion and pleaded that the three per cent be increased by retaking the vote on the amendment earlier proposed by Kaita. Lawan thanked Sekibo for his statesmanship in withdrawing his motion but declined to call for a fresh vote on Kaita’s motion. “We have already ruled and it is against the provisions of the Standing Orders of this chamber to revisit a matter already ruled upon by the Presiding Officer,” Lawan said. Senator Manager in his remarks described the three per cent of operating expenditure of oil firms earmarked for the host communities’ development trust fund as a “bitter pill to swallow.” Senator Nakudu later told Senate Correspondents that the three per cent provision is “a lot of money”. He said the three per cent translates to over a half a billion dollars annually. He said the percentage was reduced from five to three to encourage investors. He added that the three per cent was in addition to other statutory funding arrangements already accruing to the Niger Delta region. Spokesman of the Senate, Senator Surajudeen Ajibola Basiru, said the three per cent amounted to $502.8million annually.

Mbaka blasts Govs for ‘selling’ out Kanu By Damian Duruiheoma

Fiery Catholic priest and founder of Adoration Ministry Enugu, Nigeria, Rev. Fr Ejike Mbaka, has blamed unnamed Governors for re-arrest of detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu. The cleric did not mention any Governor or directly mention Kanu throughout the message, during his popular Wednesday weekly ministration titled: ‘E no dey again. However, it was very obvious he was making reference to the IPOB leader and his latest travails as well as Southeast Governors. Mbaka jolted the congregation when he alleged Governors had lured the IPOB leader into the hands of his traducers. He chided the unnamed Governors over their role in Kanu’s arrest and current travails, describing such action as selfish. While blessing inmates and correctional centres across the country, Mbaka said: “Don’t sell your sons and daughters because of political promise that you are not even sure will materialise tomorrow. “Don’t sell your son because you are governors today! Live and let live. “Let the leaders listen. The solution is not in arrest and handcuff, the solution is in job creation! “Leaders beware! Their(leaders’) stubbornness will collapse this country one day. If care is not taken, it will happen like an earthquake! “Even if you arrest 100 people, it will not stop the agitation. If anything, it will worsen the situation,” he warned. While cautioning those celebrating Kanu’s arrest, Mbaka said it was just a matter of time and everyone, including clerics would feel the heat if care was not taken. He said: “Many people are clapping for them now. But when the heat becomes unbearable when the sun riots, when heavens shake you will understand. “When they killed Jesus Christ and put him in the prison-grave – Jesus’ prison was in the grave – they thought it was all over for Him, that the end had come. “Whoever that you have in heart now that is in the prison, may the Lord be with that person. May the Lord show such persons mercy. May they receive favour; favour for my people. “May the Lord show him favour, even from the prison warders that would be protecting him”. Mbaka also flayed the Federal Government for worsening poverty, hunger and insecurity. He charged the present administrations and leaders at all levels to act fast and address the country’s woes before it was too late. “Our suffering in Nigeria is unnecessary. There is no reason, apart from wickedness, why people should suffer in this country. “I remember when we were growing up. You would hardly hear that people stole. Politics was not about amassing wealth at that time. But today, kidnapping has become a multi-billion business. And if you come to the Southeast, the zone has become the hub of hardship. “If our leaders do not find a way to put Nigeria in a good platform, one day, this country will collapse! “If they do not do what they should do, they do not provide jobs but rather continue to amass wealth and millions of Nigerian youths keep watching them. “Time shall come when what we are experiencing today would appear like mere biscuit. “Our leaders are not ready to utilize our resources well but it cannot continue like this. Vengeance is coming,” he said.

How we re-arrested Kanu - FG By Yusuf Alli and Onyedi Ojiabor

The Federal Government has offered insights into the operation that led to the rearrest of detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu. It said some countries and intelligence agencies, with which it has obligations, assisted to arrest Kanu. But the government did not name the affected countries or intelligence agencies. Minister of Information and Culture Lai Mohammed who spoke with reporters in Abuja simply described those countries and Intelligence agencies as those with which Nigeria shares obligations. He said: “Finally, there have been speculations on how this re-arrest was pulled off and in which country the hitherto fugitive leader of the proscribed IPOB was nabbed. “What we can tell you, once again, is that the re-arrest was made possible by the diligent efforts of our security and intelligence agencies, in collaboration with countries with which we have obligations. We continue to respect and honour the obligations. ” Read Also: Security probes Kanu to uncover IPOB financiers He said Nigeria had been on the trail of Kanu for two years. According to him: ” It will interest Nigerians to know that for over two years, our security and intelligence agencies were on the trail of the proscribed IPOB leader as he lived a five-star life across several countries, travelling on chartered private jets, living in luxury apartments and turning out in designing clothes and shoes. “Of course, as we all saw, he was wearing an attire made by Fendi, a luxury Italian fashion brand, when he was arrested.” Mohammed explained that many security agencies worked to effect the arrest of Kanu. He added: “As you are aware, the leader of the proscribed Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, has been rearrested and repatriated to Nigeria to resume his trial. “This was made possible through the collaboration of Nigerian security and intelligence agencies. “Kanu, who is facing an 11-count charge of treason, treasonable felony, terrorism and illegal possession of firearms, among others, jumped bail in 2017 and left the country. “On Tuesday, Kanu was re-arraigned in court and ordered to be remanded in the custody of the DSS, while the case was adjourned till July 26-27, 2021 “Gentlemen, the Federal Government wishes to commend the Nigerian security and intelligence agencies, who collaborated to re-arrest the proscribed IPOB leader in one of the most classic operations of its type in the world. “We commend the professionalism, diligence, patriotism and painstaking efforts of our security and intelligence agencies. “We also thank the sister international agencies that collaborated with us to pull off this arrest.”

Bill Cosby sexual assault cases

American comedian Bill Cosby has been the subject of publicized sexual assault allegations and was convicted of aggravated indecent assault in 2018 before the conviction was vacated by the Supreme Court of Pennsylvania on June 30, 2021.[1] He has been accused by approximately 60 women of rape, drug-facilitated sexual assault, sexual battery, child sexual abuse, and sexual misconduct. The earliest incidents allegedly took place in the mid-1960s. Assault allegations against Cosby became more public after a stand-up routine by comedian Hannibal Buress in October 2014, alluding to Cosby's covert sexual misbehavior; thereafter, many additional claims were made. The dates of the alleged incidents have spanned from 1965 to 2008 in ten U.S. states and in one Canadian province.[2][3][4] Cosby has maintained his innocence and repeatedly denied the allegations made against him. He was asked about the allegations in November 2014 and responded, "I don't talk about it!"[5] He has declined to publicly discuss the accusations in interviews in the past, although he told Florida Today that "people shouldn't have to go through that and shouldn't answer to innuendos."[6] In May 2015, he said, "I have been in this business 52 years and I've never seen anything like this. Reality is a situation and I can't speak."[7] Following the allegations, numerous organizations severed ties with Cosby and revoked honors and titles previously awarded to him. Media organizations pulled reruns of The Cosby Show and other television programs featuring Cosby from syndication. Twenty-five colleges and universities rescinded honorary degrees.[8] Adweek reporter Jason Lynch noted that the "media landscape has changed considerably—and has now been joined by the far-less-forgiving social media arena."[9] Most of the alleged acts fall outside the statute of limitations for criminal legal proceedings, but criminal charges have been filed against Cosby in one case and numerous civil lawsuits have been brought against him. As of November 2015, eight related civil suits were active against him.[10][11] Gloria Allred is representing 33 of the alleged victims. In July 2015, some court records were unsealed and released to the public from Andrea Constand's 2005 civil suit against Cosby. The full transcript of his deposition was released to the media by a court reporting service. In his testimony, Cosby admitted to casual sex involving recreational use of the sedative-hypnotic methaqualone (Quaaludes) with a series of young women, and he acknowledged that his dispensing the prescription drug was illegal.[12][13][14] In December 2015, three Class II felony charges of aggravated indecent assault were filed against Cosby in Montgomery County, Pennsylvania,[15] based on allegations by Constand concerning incidents in January 2004. Cosby's first trial in June 2017 ended in a mistrial.[16] Cosby was found guilty of three counts of aggravated indecent assault at retrial on April 26, 2018[17] and on September 25, 2018, he was sentenced to three to ten years in state prison and fined $25,000 plus the cost of the prosecution, $43,611.[18] Cosby appealed on June 25, 2019 and the verdict was subsequently upheld and granted an appeal by the Pennsylvania Supreme Court.[19][20] On June 30, 2021, the Pennsylvania Supreme Court found that an agreement with a previous prosecutor prevented Cosby from being charged in the case, and overruled the conviction.[21] The Supreme Court's decision prevents him from being tried a third time.[22]

Bill Cosby: Performer leaves prison after court overturns sex assault conviction By Amy Coles

A court ordered that the 83-year-old be freed after serving more than two years of a three-to-10-year prison sentence Bill Cosby has left prison after a court overturned his sex assault conviction. The 83-year-old former stand-up comedian and actor walked free on Wednesday after serving more than two years of a three-to-10-year prison sentence in Philadelphia, Pennsylvania. Later he made a V-for-victory sign with his fingers outside his home in Elkins Park, Pennsylvania, while his team made statements on his behalf. One of his lawyers Jennifer Bonjean said: "We are thrilled to have Mr Cosby home. He served three years of an unjust sentence and he did it with dignity and principle and he was a mentor to other people. "He was doing the time - the time was not doing him." She added: "We knew all along he shouldn't have been prosecuted for this." Cosby himself later tweeted: "I have never changed my stance nor my story. I have always maintained my innocence.

Why Nigeria hasn’t resumed flight to Dubai - Hadi Sirika By Faith Yahaya

The Federal Government on Monday explained why it has not resume flight to the United Arab Emirates (UAE). Aviation Minister Hadi Sirika gave the explanation during the briefing by the Presidential Steering Committee on COVID-19. He said Nigerian flights had not resumed to UAE because of the discriminatory protocol the Gulf country introduced. The minister said the protocol appeared to be targeted at only Nigerians, adding that it was not backed up by scientific reasons. ADVERTISEMENT Sirika also said Dubai was insistent that all passengers intending to visit the country must use Emirates airline or spend two weeks in the alternative carrier’s country before entering Dubai. The minister said talks were being held to resolve the matter. Giving an update of the matter, he said: “Emirates in particular and other airlines, including KLM, gave us some conditions that were not acceptable to us because they don’t make scientific sense. Read Also; ‘How ex-governors, others acquired 800 Dubai assets’ “After a review, some of the airlines, especially KLM, saw sense with what Nigeria presented, which is that you can do the test 48 to 72 hours before you leave and do another test on arrival. “Emirates, at that time, wanted us to do the test 48 hours before boarding and 48 hours is not yet the incubation time. And they expect us to do a rapid test at the airport and then fly seven hours later and still do another test in Dubai and then follow us to our hotel or our accommodation and do another test. “That dragged. In the interest of our people and cordial relationship, even though it is a commercial decision for the airline to take at any point in time, we ceded and accepted that we would do those tests that don’t make scientific sense to us at the expense of our people and our money. “We accepted what Emirates presented and proceeded, even though KLM and other airlines saw our reasons and rationale and toed the lines of Nigeria. “In this case, Emirates insisted again that in addition to the test on arrival and other tests, that Nigerians cannot fly to UAE except through Emirates airlines and that if we choose to do so through other airlines, like Ethiopia, Qatar, Turkish or other airlines, we must remain in the country of that airline for two weeks, if we are a Nigerian, before we continue to Dubai.” “Meaning that if I buy my ticket in a free market, which Nigeria and UAE practice, if I buy a ticket on Ethiopian Airline, that means I must remain in Addis Ababa for two weeks, whether I have a visa or not, before I proceed to Dubai. “So, they insisted that we must fly by Emirates, and majority of Nigerians are petty traders and the ticket of Emirates in this case may be higher than other airlines’.”

HOW FG WILL TAX PROFITS MADE BY GLOBAL TECH, DIGITAL GIANTS IN NIGERIA - OSINBAJO

STATE HOUSE PRESS RELEASE *VP explains enabling provisions in Finance Act *Interacting with Chartered Institute of Taxation members, Osinbajo says no tax increases contemplated for now *CITN to VP: We acknowledge your great zeal Nigeria is set to utilize its legal provisions that empower the Federal Government to collect taxes on profits made in the country by global technology and digital firms not based in the country, but with significant economic presence here. While the Federal Government will not be raising tax rates at this time, based on the Finance Act 2019, it is already empowered to widen the tax net, including by collecting taxes on the Nigerian income of global tech giants with significant economic presence here, even if they have not established an office or permanent establishment and are currently not paying taxes in Nigeria. In this regard, Section 4 of the Finance Act 2019, provides that “the Minister (Finance) may by order (of the President) determine what constitutes the significant economic presence of a company other than a Nigerian company.” Vice President Yemi Osinbajo, SAN, hinted at these issues and others while interacting with a delegation of the Chartered Institute of Taxation of Nigeria, CITN, led by its President, Mr Adesina Adedayo who visited him at the Presidential Villa on Friday. According to Prof. Osinbajo, “we have had severe economic downturns which of course implies that we may not be able to collect taxes with the aggressiveness that would ordinarily be expected. “I think the most important thing is that we must widen our tax net so that more people who are eligible to pay tax are paying. Several efforts have been made, and I am sure you are aware of the initiatives including the Voluntary Assets and Income Declaration Scheme (VAIDS) which was also an attempt to bring more people into the tax net, including those who have foreign assets.” Continuing, the VP said “we have also recently taken a step with respect to a lot of the technology companies that are not represented here but who do huge volumes of business here. “The Finance Act has shown that we are very prepared to ensure that these big technology companies do not escape without paying their fair share of taxation in Nigeria. Many of them do incredible volumes here in Nigeria and in several other parts of the region. “We have drawn up the regulations and we are prepared to go, and I think that we are at least in a good place to tap into some of the tax resources we can get from some of these companies.” Indeed, besides the FG, a recent Bloomberg news article reported that “Governments around the world are grappling with how to modernize their legal frameworks to account for the global reach of the digital economy, reshaping how policymakers think about issues as varied as monopoly power, taxation and workers’ rights.” Also, international talks are currently ongoing in Paris on global standard rules for governments to receive taxes from such digital and technology firms with significant economic presence in foreign countries. In Nigeria, according to the Finance Act 2019, a company will pay taxes if it “transmits, emits or receives signals, sounds, messages, images or data of any kind by cable, radio, electromagnetic systems, or any other electronic or wireless apparatus to Nigeria in respect of any activity, including electronic commerce, application store, high-frequency trading, electronic data storage, online adverts, participative network platform, online payments and so on, to the extent that the company has significant economic presence in Nigeria and profit can be attributable to such activity. “If the trade or business comprises the furnishing of technical, management, consultancy or professional services outside of Nigeria to a person resident in Nigeria to the extent that the company has significant economic presence in Nigeria” Speaking further, Prof. Osinbajo noted that while the Federal Government has no plans to raise taxes now, there are those who argue that “our tax rates are too low, comparing us to other places in the region where the rates are much higher.” “So we have had to balance all of these issues because clearly, higher tax rates can be a disincentive to businesses and investments. In terms of domestic resource mobilization, we are trying to do the best we can given the present circumstances and I believe that there is room for improvement.” Actually, under the Finance Act 2019, the Buhari administration has reduced taxes for small companies – companies with less than N25 million in annual turnover are charged Zero Company Income Tax, CIT. Also CIT for Companies with revenues between N25 and N100m (described in the Act as “medium-sized” companies) has been reduced from 30% to 20%. Besides, Nigerians making minimum wage income are not to pay tax at all. Under the 2020 Finance Act there is also an exemption of small companies from payment of education tax under the Tertiary Education Trust fund (TETFUND)-meaning companies with less than N25m turnover are eligible Similarly, there is a 50% per cent reduction in minimum tax; from 0.5 per cent to 0.25 per cent for gross turnover for financial years ending between January 1st, 2020 and December 31st, 2021 INTERACTION ON OTHER ISSUES Welcoming the delegation, the Vice President emphasized the need for regular interaction between the council and government to address issues bothering on tax legislation, noting that “there is need for continuous engagement with the National Assembly because engagement with government cannot be a one-off thing.” Prof. Osinbajo added that the Federal Government has over the past few years, initiated programmes aimed at improving the growth of small businesses including the formalization of many of them. Under the Economic Sustainability Plan (ESP), there is a formalization of 250,000 businesses. He said the ongoing MSME Week has encouraged many businesses to register with regulatory authorities in order for them to benefit from the numerous programmes earmarked by the government for their growth. Earlier in his remarks, the President of CITN, Mr Adesina Adedayo, commended the leadership of the Vice President in the implementation of key government interventions in the economy, stating that “we acknowledge your great zeal and commitment to Nigeria project.” He said the visit became necessary given the enormous work the Buhari administration has done towards addressing the huge fiscal challenges in the polity, public financing reforms, and sustained efforts towards addressing infrastructural deficit across the country. His words: “the Nigerian Economic Sustainability Plan (NESP) and other measures implemented was a right response to the challenges posed by COVID-19 pandemic and were largely instrumental to creating buffers for the government at all levels in withstanding the pressures and waves created during the peak period and the aftermath of COVID-19. “It is important that we sustain measures already being implemented to improve tax collection at all levels.” Other members of the delegation included the Vice President of the Institute, Barrister Samuel Olushola Agbeluyi, past Presidents of the institute, Dame Gladys Simplice, and Dr. James Naiyeju, and Council members Prof. Muhammad Mainoma and Hon. Babangida Ibrahim. Mr. Adefisayo Awogbade, CITN Registrar/Chief Executive was also in attendance. Laolu Akande, Senior Special Assistant to the President on Media & Publicity Office of the Vice President 27th June 2021