Olisa Metuh : When Section 349 of Administration Of Criminal Justice Act 2015 means nothing to Justice Abang ...

By Ikechukwu Emeka Onyia

Can a judge continue proceedings in absence of the defendant's lawyer in a criminal matter without offending Section 349 (1)a,b,(2)(3) of Administration of Criminal Justice Act 2015 ?

It is no more secret that Counsel to Olisa Metuh who is still on a sick bed at National Hospital Abuja , did not appeal on Thursday and Friday proceedings of the Court .

But , the law in Section 349 of Administration of Criminal Justice Act 2015 , stated what the Court should do in a case where a defendant lawyer did not appear in the Court which centred on reaching out to the defendant for the purpose of allowing him get another legal practitioner by himself or legal aid inline with the above cited Act .

It is of note that Justice Abang refused to submit to the above cited section regards the absence of the legal representation of the defendant .

Let's look at the what the Administration of Criminal Justice Act 2015  said :

Administration of Criminal Justice Act 2015 :

Section ( 349)  (1) where a defendant charged before the court is not represented by a legal practitioner , the court shall :

(a) inform him of his rights to a legal practitioner of his choice ; and

(b) enquire for him, whether he wish to engage his own legal practitioner , or a legal practitioner engage for him by way of legal aid .

(2) where the legal practitioner who had appeared on behalf of the defendant cease to appear in court in two consecutive sessions of the court , the court shall enquire from the defendant if he wishes to engage on his own another legal practitioner or a legal practitioner engaged for him by way of legal aid .

(3) Where the defendant wishes to engage another legal practitioner of his choice, the court shall allow him reasonable time but not exceeding 30 days to do so .

.................................

Despite the provisions sections 349(2) &(3) of the  Administration of Criminal Justice Act , Justice Abang today unilaterally closed the defence of Olisa Metuh and foreclosed him from offering any more defence in his matter .

The point is that the issue is not really about Olisa Metuh as a person , but what seems to a deliberate effort to undermined the system .

Ikechukwu Emeka Onyia ©2018
Abuja , Nigeria

Court declaration of me” Wanted” is simply To Embarrass My Personality- Innoson.

I have been briefed by my lawyers that Justice Mojisola Dada of Lagos State High Court Ikeja granted the oral plea of counsel to the Economic and Financial Crimes Commission to declare me wanted because of my failure to appear before the court today. I have expressly stated before that I am not afraid of arraignment but must be arraigned through due process of the law.

It must be noted that I, through my legal counsel, challenged the jurisdiction of the Lagos State High Court to hear the forgery charge filed against me by the Economic and Financial Crimes Commission on ground of, inter alia, the charge being an abuse of process. I filed an application before the court that this present charge is an abuse of process because a similar charge on the same subject matter, transactions and issues is ongoing at the Federal High Court Lagos Division between the same parties, in charge no FHC/l/565c/2015. The last hearing of the charge at the Federal High Court was this week, May 22nd 2018.

Furthermore, my legal counsel had at the last court hearing on April 25th 2018 notified the court that I had challenged the Jurisdiction of the court to hear the suit at the Court of Appeal, Lagos Division and that the prosecuting counsels which are the EFCC has equally filed their brief at the Appellate Court. The judge subsequently adjourned the hearing to today, May 24th 2018.

At the court hearing today, my defense team, also, notified the judge that both parties have filed and exchanged their briefs at the Court of Appeal and a date has been fixed for hearing of the substantive appeal and prayed the Honourable Judge to defer to the Court of Appeal to decide the appeal which is on the jurisdiction of the court to hear the suit. Again, my legal team notified the trial court that I had appealed against the order of bench warrant of 9th February 2018 to the Court of Appeal and as well filed a motion for stay of execution of the order of bench warrant.

However, the judge failed to grant the prayers of my legal counsel and quickly granted the plea of the prosecuting counsel to declare me wanted without recourse to due process of the law or listen to the submissions of my counsel on why an order declaring me wanted should not be made.

Declaring me wanted was done in bad faith and is simply to embarrass my personality, defame me and malign my character aimed to distract me from my daily activities in ensuring that Innoson Vehicles continues to produce durable made in Nigeria vehicles.

Recall also that the same Judge had issued a bench warrant against me, while I had challenged the jurisdiction of her court to hear the suit and I also wrote a petition to the National Judicial Council to investigate the circumstance leading to issuing a bench warrant against me and ordering my arrest. In the course of this case, I had filed a motion that the judge recuse or disqualify herself from further conduct of the proceedings which she failed to hear and insisted I must be brought to court against laid down judicial authorities.

Finally I want to expressly state that I am not afraid of arraignment but must be arraigned through the due process of the law. Meanwhile, I have also appealed against the order declaring me wanted and as well filed a motion for the stay of its execution.

Cornel Osigwe
Head, Corporate Communications
Innoson Group

RESTRUCTURING SUMMIT: GROUP CONGRATULATES NDI IGBO


Nzuko Umunna an Igbo Think Tank organization proudly felicitates with the Igbo Nation on the success of the just concluded restructuring summit held at Awka. With the Ekwueme Square 2018 declaration, Ndigbo through the instrumentality of its Apex sociocultural organization, Ohanaeze Ndigbo made their demand open with great sense of direction.  We see this initiative as a step in the right direction as this necessary call for the urgent restructuring of the country has been replicated across the various regions of the country with the apparent unworkability of the status quo.


We commend the exemplary leadership of the President General of Ohanaeze Ndigbo, Chief Nnia Nwodo, in particular the host Governor,  Chief Willie Obiano, who showed great leadership and patriotism by hosting the world class summit,  other South East Governors, the Deputy senate president, Prof Ike Ekweremadu and Distinguished Senator Enyinnaya Abaribe for leading members of the National assembly to the historic program, clergies, the planning committee of the summit headed by the erudite Prof. Charles Soludo, leaders of the various Igbo organizations who put in enormous efforts and resources to ensure the success of the summit. Your sacrifices are great prices you pay to ensure a fair, just, inclusive and restructured Nigeria for us all.

We are strongly optimistic that all hands would be on deck in consolidating the gains of this summit and sustaining efforts towards the eventual restructuring of the country.


Nzuko Umunna equally extend our heartfelt gratitude to all who attended the summit especially the guests from various regions of the country who came to express their solidarity and support to our demand. That the summit massively attracted the leaders and people of other regions from the Middle Belt, South West and South-South shows that we share similar position on the problems we face and the solutions we proffer to the past and recent happenings that threaten the very existence of our country Nigeria.


Finally, Nzuko Umunna use this opportunity once more to call on the Federal Government of Nigeria to feel the pulse of the people, listen to their demands and expedite necessary actions towards the restructuring of the country as this remains the irreducible minimum in ensuring a united Nigeria and an environment for massive economic development across the various regions of the country. We also seize this medium in appreciating the church for the peaceful protest conducted against herdsmen killing and we send our condolences to the families of victims all over the federation.

Signed:

Paschal Mbanefo
General Secretary

Ngozi Odumuko
Convener

The Honourable Minister of labour and Employment, Sen. Chris Ngige has urged the striking members of the Joint Health Sector Union (JOHESU) to obey the order of the National Industrial Court directing the five Health unions, Medical & Health Workers Union of Nigeria (MHWUN), National Association of Nigeria Nurses and Midwifes (NANNM),   Non Academic Staff Union (NASU), Nigerian Union of Allied Health Professional, Senior Staff Association of University Teaching Hospital Research Institutes and Associated Institutions  operating under the acronym to call off strike within 24 hours and return to negotiation.

The Minister who made the appeal today in Abuja said information from field officers of the Ministry of Labour and Employment indicate that the unions were yet to comply with the court order.

“Information from our various field officers indicate that JOHESU is yet to obey the order of the National Industrial Court which directed it to call off strike within 24 hours and return to negotiation with effect from 17th may 2018.

“It is important to remind all of us that Nigeria is a constitutional democracy with all rights and freedom fully protected under the rule of law. Therefore, disobedience to court orders is an anarchic resort to self-help which will neither benefit the unions nor the nation at large. Orders of court no matter how adverse must be obeyed until set aside.

“I hereby appeal to the leaders and members of JOHESU to comply with this order and direct their members nationwide to return to duties immediately.  This is in view of the imperative of the rule of law as well as give and take upon which every fruitful social dialogue is anchored.”  

The Minister further noted that a high level Federal Government body has been meeting on daily basis since the commencement of the strike to find an amicable resolution of the contending issues, majorly, the review of the CONHESS Salary level for the five unions.

“I therefore wish to inform the leadership of JOHESU that their primary employers, the Federal Ministry of Health, other members of the Federal Government Negotiating Team and my Ministry as the Chief Conciliator are ready for the prompt resumption of negotiations as well as speedy resolution of this trade dispute.”  

The Minister recalled that he signified his intention to refer the matter to the National Industrial Court during the last Wednesday, May 16th  2018 negotiation but was prevailed against, not knowing that other concerned Nigerians had already gone to court before the Ministry could send its referral instrument to that court.

The Minster also Informed that Government was still open to negotiation, as such JOHESU should avail itself of this window and not push government to take decisions that will erode all her gains in making workers happy since the coming of the Muhammadu Buhari administration.

May Day : Workers are the engine room of our Nation - Chris Azubogu

... Calls for synergy among stakeholders towards improvement of workers welfare and  service delivery

The member representing Nnewi North /South /Ekwusigo Constituency in Federal House of Representative , Hon Chris Emeka Azubogu while facilitating with the Nigerian workers on the Worker's Day celebration today , stated that " Nigeria Workers are the engine room of our Nation 's Economy" .

According to the Nnewi , Anambra State born Engineer ,we should lay emphasis on policies that strengthen relationship among  stakeholders towards improvement of workers' welfare and productivity .

" With synergy among stakeholders, there will be improvement on workers welfare and service delivery which will benefit our economy and her people " he said .

Workers with poor welfare incentives , will generate poor result which will end up reducing supposed economic growth with poor productivity "

The Anambra State born Federal Lawmaker went further to add " I therefore call for more efforts from all the arms and tiers of the Government of our country , to consider workers welfare as priority  "

Private employers of labour must also improve their relationship and working conditions of  workers so that we all can March together towards achieving all-round improved growth result " Azubogu said .

Azubogu also stated that " Our Challenge in Parliament is not only to create law for improvement of worker's welfare , but also to create Parliamentary Policy interventions that will produce enabling environment for Job creation for our youthful population "

" As I facilitate with our workers today , I see our working population taking the lead in kick starting new economic narrative of our Nation as the engine room of our Nation's economy that they are " Azubogu concludes .

BREAKING: Dino Melaye Survives Recall From Senate

The attempt to recall the Senator Dino Melaye of Kogi West flopped on Saturday following a low turn-out for the signature the verification. Results announced by INEC at the end of the exercise showed that only 18,742 signatories to the recall petition were verified out of the 189,870 signatories on the petition.



BY NANAPR

The attempt to recall the Senator Dino Melaye of Kogi West flopped on Saturday following a low turn-out for the signature the verification.

Results announced by INEC at the end of the exercise showed that only 18,742 signatories to the recall petition were verified out of the 189,870 signatories on the petition.

The verified signatories fell well below the requirement of the law that 50 per cent and one of the signatories must be verified before the recall process can continue.

Consequently, the embattled Senator Melaye who is in the hospital owing to the drama that followed his arrest has survived the recall attempt.

Here is how the verification exercise turned out in the seven local government areas in the senatorial district, which has 351,146 registered voters.

KOTON KARFE LGA:
TOTAL NUMBERS OF REGISTERED VOTERS – 46,727.
TOTAL NUMBERS OF SIGNATURES ON THE PETITIONS – 24,459.
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 2,566.
TOTAL NUMBERS OF SIGNATURES VERIFIED – 2, 335.

KABBA BUNU LGA:
TOTAL NUMBERS OF REGISTERED VOTERS – 59,319
TOTAL NUMBERS OF SIGNATURES ON THE PETITIONS – 27,910
TOTAL NUMBERS OF SIGNATORIES AT VERIFICATION – 2,151
TOTAL NUMBERS OF SIGNAT7S VERIFIED – 2,085.

IJUMU LGA :
TOTAL NUMBERS OF REGISTERED VOTERS – 46,810.
TOTAL NUMBERS OF SIGNATURE ON THE PETITION – 24,389.
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 2,811.
TOTAL NUMBERS OF SIGNATURES VERIFIED – 2,664.

YAGBA EAST :
TOTAL NUMBER OF REGISTERED VOTERS – 35,329.
TOTAL NUMBERS OF SIGNATURE ON THE PETITION – 18,229.
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 3,580.
TOTAL NUMBERS OF SIGNATURES VERIFIED – 3,506.

MOPA AMURO LGA :
TOTAL NUMBERS OF REGISTERED VOTERS – 18, 350
TOTAL NUMBERS OF SIGNATURES ON THE PETITION – 9,173.
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 729.
TOTAL NUMBERS OF SIGNATARIES VERIFIED – 710.

There was violence in Mopa Amuro towards the end of the exercise. Six polling units were reportedly affected. As a result, the exercise in six out of the 10 wards in the LGA were cancelled.

YAGBA WEST LGA:
TOTAL NUMBERS OF REGISTERED VOTERS – 35,506
TOTAL NUMBERS OF SIGNATURES ON THE PETITION – 19,444
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 4,221
TOTAL NUMBERS OF SIGNATORIES VERIFIED – 3,729.

LOKOJA LGA:
TOTAL NUMBERS OF REGISTERED VOTERS – 109,105
TOTAL NUMBERS OF SIGNATURES ON THE PETITION – 66,266.
TOTAL NUMBERS OF SIGNATURES AT VERIFICATION – 4,810.
TOTAL NUMBERS OF SIGNATARIES VERIFIED – 3,763.

Independent National Electoral Commission (INEC) had earlier assured the people that it was only concerned with transparency in the exercise and could not be held responsible for the poor turnout of petitioners.

The INEC Federal Commissioner in-charge of Kogi, Kwara and Nasarawa states, Alhaji Mohammed Haruna, made the statement in Lokoja shortly after the end of the exercise.

Haruna said that the main concern of INEC was to ensure transparency in the process, insisting that the organisation was neutral in the bid to recall Melaye from the Senate.

“Turnout is not our problem; turnout is the problem of parties concerned, ours is to ensure transparency,” Haruna said.

Commenting on insinuations that INEC might tamper with the wish of the people, the commissioner said that nothing like that would happen, stressing that the agency had no interest in who won or lost in the matter.

“Nothing untoward will happen, I assure you . Whatever happened at the polling units is what INEC will announce,” he stated.

Commenting on the mix up in the list of petitioners, Haruna said that mistakes in such exercise was normal but gave an assurance that the mistakes would be corrected.

He lauded the peaceful conduct of the people before and during the exercise.

News Agency of Nigeria (NAN) reports that in Koton Karfe and Lokoja, the people conducted themselves well, although the turnout was poor.

During the exercise, there was no case of malfunctioning of card reader machines while security personnel adequately manned the polling centres.


Credit Sahara Reporters

Buhari's steps towards Autocratic Regime : When the President becomes the institution

By Ikechukwu Emeka Onyia

Shifting from Democratic set up to autocratic regime , start from taking steps . Looking as President Buhari led regime is shifting towards autocratic regime that started with the arrest of opposition Spokesman in November 2015 :

(1) Buhari regime arrested The Opposition Spokesman Barr Olisa Metuh under spurious allegations in November 2015 . Gullible Nigerians believed that he was fighting Corruption not knowing that it was a deliberate agenda to kill opposition for him to drive the country without question .Many said sir , that is good for Metuh after all he is of PDP .

(2)  He moved against Elzazaky , many said that was good after all he was a Muslim and a Shi'ite .

(3) He moved against Journalists and started arresting them ... Many believed that it is non of their business after all journalists are on their own .

(4) He moved against IPOB and Nnamdi KANU , many stated : that fits them after all , we are not members of IPOB .

(5) Buhari then moved against Judges , most of us clapped for him even when disciplining of judges remain within the exclusive jurisdiction of the NJC .

(6) Buhari regime moved to National Assembly , their resolutions became worthless to the executive . Many of us celebrated this against the National Assembly .

(7) President Buhari took $462million from Excess Crude Account in name of buying jets without National Assembly appropriating it inline with our law , some still clap for this build up to anarchy .

(8) Thugs went to Senate Chamber and forcefully took the Senate Mace and Nigeria Security under the executive control could not stop them ... Yet we still clapped.

(9) They Moved against Sen Dino Melaye , we clapped and many said after all he is also an APC chieftain .

(10) President Ordered IGP to relocate to Benue and he refused , we still clapped .

(11) Death of innocents Nigerians across Benue , Nasarawa , Taraba , Zamfara etc keeps increasing everywhere and yet no head of security has been sacked or questioned , we still celebrated after all it is not my state .

(12) He is gradually moving  against Saraki , many of us are watching and celebrating  .

(13) He goes against Senator Ike Ekweremadu , we still clapped .

(14) When they move against Sen Shehu Sani , many will still clap after all he is of APC .

(15) When Buhari moves against Sen Anyinnaya Abaribe , some will still clap , saying ' that PDP senator ... '

(16) Today , the entire Nation has been enveloped in fear and we are still clapping ...

(17 ) What started with Olisa Metuh is gradually enveloping the entire Nation .

Of course in building tyranny based regime , one needs to cripple all known opposition and  institutions of democracy

... But , I see anger building up .

I see Nigerians resist this autocratic regime build up .

Tension is building up every day . Institutions of Democracy are dismantled .

Danger is building up !

I am worried !

God save Nigeria !

Autocratic set up will fail in Nigeria ...

Our history as a Country have it that Nigerians always defeated autocratic regime whenever it raises its head ... This one too will fail

Ikechukwu Emeka Onyia ©2018

BREAKING: Senators Begins Call For Impeachment Of President Buhari

By Tayo Bello


Some members of the Senate have asked that the process to impeach President Muhammadu Buhari be started, for failing to get the approval for the withdrawal of $496m from the Excess Crude Account to purchase military aircraft.

Urhoghide who moved a motion is calling for invocation of Section 143 of 1999 Constitution which gives the NASS power to impeach the president.

Uroghide stated that the President had breached Section 80 of the Constitution which stipulates that all government’s spending must be appropriated by the legislature.


The motion was seconded by Chukwuka Utazi spoke in support of the move.

“This is an impeachable offence,” an obviously angry Mr. Utazi, said.


Saraki had on Wednesday read a letter from Buhari ‎in which the President disclosed that the money had been withdrawn and paid to the United States for the 12 Super Tucano aircraft, ahead of legislative approval. This, he said, was done to beat the deadline for the arms deal.

The planes will be delivered in 2020.

The President said, “Recently, approval was granted by the United States government but with a deadline, within which part payment must be made otherwise the contract relapses. In the expectation that the National Assembly will have no objection to the purchase of these highly specialized aircraft, which is critical to national security, I granted anticipatory approval for the release of $496,374,470. This was paid directly into the treasury of the United States government.

 “I am therefore writing seeking approval of the Senate for the sum of $496,374,470 (equivalent to N151,394, 421,035) to be included in the 2018 Appropriation Bill which the National Assembly is currently finalizing. The balance of the requirement for critical operational equipment is still being collated from the different security services and will be presented in the form of a supplementary appropriation bill in due cause.”

Describing the impeachment as “a PDP conspiracy,” Ibrahim challenged the opposition lawmakers to name any state governor who benefited from the withdrawals from the ECA and sought the approval of the state House of Assembly before spending the money.


- Yawnaijatv

SARS Operatives arrest Sen Dino Melaye this morning!

The Chairman of the Senate Committee on the Federal Capital Territory, FCT, Senator Dino Melaye, APC, Kogi West has been arrested by operatives of the Special Anti Robbery Squad, SARS. Vanguard gathered that Senator Melaye was this morning, taken to the SARS detention facility located just opposite the old Central Bank of Nigeria, CBN junction along the Area 1 expressway.

It was gathered that the Nigeria Police Force forcefully carried out the arrest of Melaye without an arrest warrant or court order. In a telephone conversation this morning, Senator Mekaye, however, sounded rattled, as background conversation suggested a struggle between himself and some of the operatives after which his mobile lines were switched off.

Recall that initial attempts were made by the police to arrest Senator Melaye after immigration officials disembarked him from a flight to Morocco on Monday morning. Following his release after three hours detention at the immigration office at the airport, the lawmaker’s house was besieged by over 80 armed policemen from noon yesterday until the early hours of Tuesday.

Offa Robbery: Policemen Took N400k Bribe From Robbers Before The Attack


It has been revealed that the 12 suspects currently being interrogated by Police operatives in Kwara State over the recent bank robbery in Offa were arrested through the tracking of mobile phones the robbers collected from victims.


Vanguard gathered that after the robbery operation, the suspects took away the handsets of the victims, which they later gave out to their girlfriends. It was gathered that the interrogation of the girlfriends with whom the phones were found, led to the arrest of the suspects in Ibadan, Lagos and Abeokuta.


Further checks revealed that the suspects had been in and out of jail several times and that they regrouped for that operation.

It also reliably gathered that the proprietor of the hotel where the bandits lodged a day before they struck, was said to have informed the Divisional Police Officer, DPO, in the town over the alleged discoveries of some incriminating materials on the bandits while they were checking into his hotel.


The DPO and Divisional Crime Officer, DCO, immediately sent some officers to the hotel. A source said instead of arresting the suspects, the police officers negotiated with the bandits, and “the bandits offered the officers N400,000.”


When the policemen returned to the station, they told the DPO and DCO that the bandits were Yahoo boys and not robbers as claimed by the hotel owner.


The source said: “It was not surprising that the robbers visited the police station the following day and killed about nine policemen in retaliation for collecting N400,000 from them.”


When arraigned before a magistrate court in Ilorin last week for alleged conspiracy in the attack, the proprietor of the hotel reportedly challenged the DPO and DCO to deny if he had not informed them about the bandits when they lodged in his hotel before the attacks on the banks.

Dean Ikechukwu Onwubuya

Update :
Senator Dino Melaye Speaks... Police snatched my passport and snatched back from them - Senator Dino Melaye

“‎My self and the Deputy Senate President, Ike Ekweremadu, and others were to be on an official trip to Morocco but while some have gone through the Lagos airport today, others are to depart tomorrow.

I got to this airport I was checked in and was already in the lounge waiting for departure. Immigration officers invited me that there is a directive from the police that I can’t travel; that I am on their watch list. And I said it was not true, that the INTERPOL said they had not issued an alert on me. I opened INTERPOL’s website and showed them the denial. But they insisted that it was based on the directive from the police.

I was disembarked and asked me to go to their office (at the airport). They snatched my passport but I snatched my thing back from them. I got it back! I’m still here with them. They circled me and said they were waiting for further instructions from the police.”

Senator Dino Melaye who is one of the major supporter of Senator Saraki led Senate has been arrested by at Nnamdi Azikiwe airport , Abuja .

Dino who has been on political battle with his home state Governor , Yaya Bello , posted on his Facebook page that he has been arrested . According Dino Melaye on his Facebook page :

"I have just been arrested at the international wing of the Nnamdi Azikiwe airport on my way to Morocco for an official engagement sponsored by the Federal Govt after checking in."

Could his arrest relate to 2019 election which is steps shows that he is not supporting President Buhari ?

Could the arrest have to do with what some media tagged ' Executive moves to intimidate the senate ' ?

You may recall that Senate chamber was intended by thugs that went away with mace of the senate which many believed that security agents must have conspired with the the invender for them to have successful left the National Assembly with the mace .

Effort to reach the Force PPRO prove abortive as at the time of writing this .

March 31, 2018

Press Statement

FG List: My Reply To The Media Trial - Metuh

My attention has been drawn to the recent release of names of 'looters' by the APC led Federal Government through the Minister of information, Lai Mohammed. By this publication the federal government has breached our constitution by seeking to burden me with two criminal trials on the same charge, one before Justice Okon Abang and the other before the media.
In response to the scandalous publication, I wish to state as follows :


1) Since my arrest on the 5th day of January 2016 and subsequent arraignment, I have refrained from publicly discussing my persecution and travails by the government because as a lawyer, trained in the finest traditions of the Bar, I know that it is wrong to discuss a matter that is subjudice. However the present action of the government leaves me no option than to defend my name and integrity. I have therefore decided to avail the public of the true state of the contrived case against me.


2) The charge against me is that I received the sum of N400 million from the Office of the National Security Adviser to carry out duties assigned to me as the then National Publicity Secretary of the PDP by then President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria. The major crux of the prosecution argument is that I ought to have known that the money was a part of an alleged and yet to be proven unlawful activity of Col Sambo Dasuki(rtd), former NSA to President Jonathan.


3) The charge was brought regardless of the fact that neither President Jonthan who gave me the assignment and directed the release of the funds nor Col Dasuki(rtd), who effected the release of the funds have ever been interrogated nor even interviewed in this regard.  As a matter of fact, officers of the office of the National Security Adviser have testified in court that the payment made to me followed all due process usually observed in the establishment.


4) It is of interest to note that the prosecution has not alleged any mens rea or collusion on my part other than the suggestion that I 'ought to have known' of the alleged unlawful activity. Also the alleged illegality of the funds has neither been established in law nor in fact.


5) I have NEVER held a government office and/or position and could not therefore have had any access to government funds.
6) In view of the weakness of the case against me, the APC led Federal Government resorted to all kinds of dirty tactics to dehumanise and intimidate me.They have done everything humanly possible to ensure complete persecution starting from bringing me to court in handcuffs( and parading the capture of Nigeria's most wanted) to media trials and constant interference with my case.


7) I have been reliably informed that the Federal Government has ordered a conviction at all cost to ensure that the PDP is tainted before the elections. The government 's determination to achieve this objective is clearly highlighted by the refusal to allow me attend to my deteriorating health notwithstanding several expert medical opinion on the matter.


8)By going to the media to name me a looter(without cross-checking the definition and dictionary meaning of the word) the federal government has not only given a body language but has issued a direct intimidation and threat to the judiciary to get a compulsory conviction.


9) It is now clear that the APC led government  that thrives in impunity and intimidation of other arms of government will not allow justice to be done in my matter. It is incontrovertible that our country has descended into the worst form of draconian rule where the executive arm directly interferes and seeks to control and determine matters within the purview of the legislature and the judiciary.


10) In view of this unprecedented executive rascality and lawlessness, I have asked my lawyers to review the implications of this latest attack by the government and take appropriate steps for redress

11) In all, my faith is firm in God that this tyranny will not last forever and that no mortal is omnipotent in my matter.

Signed:

Chief Olisa Metuh

Press Statement

*Illegal Detention of Ifeanyi Ubah: Nigerian Public has shown solidarity and deserve commendation ...*

We wish to appreciate all men and women of goodwill who have shown courage in the face of the well orchestrated intimidation and judiciary adjudged illegal detention of Dr Patrick Ifeanyi Ubah by the DSS .

We have seen Nigerians united beyond the ethnic and religious divides while calling for justice for Nigerian born investor - Dr Ifeanyi Ubah . To this unbiased Nigerians , we say God bless you .

We watch people travel from far and near and from all walks of life to show solidarity to Ifeanyi Ubah even under heavy down pour .

We have  seen Ndi Igbo raising their voice in unity within and outside our country, calling for the justice for Ifeanyi Ubah .

We are even more surprised that people from various ethnic groups in Nigerian, have in all honesty, joined the clarion call for the freedom of this employer of labour .

For the first time in our land, in the same manner we all played down on our ethnic and primordial sentiments during the Ebola outbreaks; we are witnessing  another remarkable show of  unity and inter regional solidarity by Nigerians raising their voice and joining efforts to fight against this new 'Ebola Virus of  injustice' that if left uncontained, will infest the fabrics of our justice system and endanger the health of our democratic  being.

It has gotten to the point that our bank of justice could not with hold the justice currency further while the  loud voices  calling for the rain of justice in a time the harmattan of injustice was covering our land forced down the rain on May 25th 2017 and the cloud could not hold the  rain and reign of impunity as Justice Muhammad Idris moved in nodding to the details of the justice in the city of Lagos

He ordered for the release of Ifeanyi Ubah that day.

 When Justice Muhammad Idris of Fed High Court Lagos called for the release of Ifeanyi Ubah unconditionally within 48hours,  there was jubilation across our land .
Why ?

Its simply because the Order for his release represents that much sought after Justice in our land  and reassures our conviction that judiciary is indeed the last resort for the common man. No Country that quest for thriving economy will treat an investor like Ifeanyi Ubah like DSS is doing currently.

Meanwhile, we are still in shock by the  DSS  'militant' interference in a pure civic matter and its undisciplined altitudes to criminalize a pure commercial transaction between NNPC and Capital Oil.

We hold without any fear of contradiction that freeing Ifeanyi Ubah will restore confidence in the Nigerian economy that is begging for job creating platforms.

The American President  Donald Trump went to G7 Summit with "Protectionism doctrine" for American Companies, while Nigeria a nation in dire need of investments and retention of promising enterprises is here killing her own business with the discouraging way it is treating one of its most enterprising personality and vibrant company - Ifeanyi Ubah and Capital Oil respectively.

Finally, it is no more secret that Nigerians are so concerned with this development, no wonder the mass appeal for justice and we call on Nigerians to be weary of the antics of Justice Yusuf Halilu of the FCT High court, Jabi Abuja subtle attempts to confuse the justice system with his conflicting nod to the continual detention  of Dr Ifeanyi Ubah.

We have achieved this feat not because of our sole efforts, but by your supports, prayers and actions.  We appreciate in a special way the following:

To the Media Constituency, especially those that have championed the quest for justice in the fore, mid and back pages of their print media outfits, shown their disdain on the screens of their electronic media outlets and voiced their disdain for the corruption of the justice system on our airwaves at this point in time, you are appreciated as we are strengthened further in our belief that we can build a Nation run by the pen of justice .

To that Mrs Amina Alima who wept at the High Court of Lagos due to injustice against Ifeanyi Ubah even with her 3 years old child, your tears like many will heal our land .

To those using various social media platforms to show solidarity, you are building a society of Justice with your efforts . History will be kind to you all !

To those youngmen and women that insisted on street protests against the govt establishment but bowed to our appeal to stay off street for now, your quest for justice and solidarity at this point in time is a saving grace for our Democracy.

To Ohaneze Ndigbo Worldwide led by Chief Nnia Nwodo, your voice is shaping the justice and Democratic tenets of this country. When story will be told about this day, be assured that it will be kind to you .

Also, Ohaneze Ndigbo Lagos led by Barr Fabian Onwughalu has shown commitment in this quest for justice. Remain Blessed  .

To Gov Fayose of Ekiti State , you have shown that call for Justice do not have tribe .We remain grateful .

To great Anambra Youths , you have shown that ours are people created by God with courage to stand against injustice . You have not failed the test of history. Remain Blessed Umu okolobia  Anambra .

What of the ever committed workforce of Capital Oil and Gas? Your sacrifices and commitment against all manner of intimidation has shown the world what Capital Oil community represents .Thanks You all.

Labour unions in our land has shown commitment in this quest for justice especially United Nigeria Labour Congress (UNLC)Lagos State led by Comrade Tokunbo Korodo .

The market women that supported our call for justice , justice will remain with you all.

To Ubah Family of Umuanuka Otolo Nnewi,you have remain firm and unwavering in your support. You are a family indeed!

To all the volunteers behind #Justice4IfeanyiUbah movement, the reign of impunity can never silence your  voice for justice. Thank you all .

Finally ,to our Clergymen and all that have been supporting us through prayer , may God continue to be with you all .

Friends and well wishers , you have shown commitment .Thanks

We believe that despite the escape velocity of falsehood that truth must surely overtake it.

It's only a matter of time. Justice will prevail .

Thank you all, you are appreciated.

Sign :
Ikechukwu Emeka Onyia
SSA Media to Dr Ifeanyi Ubah

ILLEGAL DETENTION: DSS shuns court order, keeps Ubah in continued detention

The Department of State Services (DSS) Friday failed to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, as ordered by Justice Mohammed Idris of the Federal High Court in Lagos.

The DSS instead filed a preliminary objection challenging the court’s jurisdiction to entertain Ubah’s suit.

Mr Peter Oluremodu, counsel to the DSS said Ubah was not produced because there was an order to detain him for 14 days issued by a Federal Capital Territory High Court.

Justice Idris had on May 9 ordered the DSS to produce Ubah in court to show cause why he should not be released unconditionally.

But, Ubah’s lawyer, Mr Raphael Oluyede, urged Justice Idris to hold that the DSS violated his order by not producing Ubah in court today.

He said the FCT High Court’s order was obtained to frustrate Justice Idris’ order, adding that it amounted to a challenge of the court’s majesty.

“The respondents have not shown cause as why they failed to comply with your lordship’s order. Instead, they took steps to subvert the order. They acted in contempt of that order.

“The court in Abuja was not informed about the order to produce him in Lagos. Their preliminary objection is not relevant to the consideration of whether they have obeyed the order to produce him.

“I urge your lordship to consider the dignity of the court as paramount and to order Ubah’s unconditional release,” he said.

Oluyede said Ubah was first arrested by the Department of State Services (DSS) on March 27 and was released on April 13, after three weeks in detention.

He said Ubah was “coerced” to sign a document acknowledging indebtedness to the Nigeria National Petroleum Corporation (NNPC) and to pledge some of his assets.

He said the DSS also forced him to withdraw a fundamental rights suit he filed before he was released.

He said after Ubah’s release, he approached the court again to stop his re-arrest.

Oluyede said when the DSS invited Ubah, he wrote the agency about his pending suit.

The lawyer said the DSS arrested his client despite being told about the suit.

He accused the DSS of abusing its powers, and urged the court to hold that Ubah’s detention was contemptuous.

Ruling, Justice Idris, visibly disappointed with the maneuverings, held that it would be wrong for him to order for Ubah’s release since a court of coordinate jurisdiction had issued an order that he be detained for 14 days.

Justice Idris said his records show that the DSS was served with his order on May 10.

“It appears that on the same date, ie, May 10, 2017, the fourth and fifth respondents (DSS and its Director-General) obtained from an FCT High Court an order allowing them to detain the first applicant (Ubah) in their custody for an initial period of 14 days pending the completion of investigation.

“It is clear that there is a direct conflict between the order of this court and the order of my learned brother Y. Haliru J. A conflict situation has been created. It is sad and unfortunate.

“Courts of coordinate jurisdiction have been cautioned in situations like this. I will in the circumstances of this case and the pronouncements of the learned Law Lords of the Supreme Court, act ex abundanti cautela (Latin phrase for ‘out of abundant caution’).

“I will not make any order that will have the effect of neutralising the orders made by the FCT High Court. There must be discipline in the law. In insist on discipline in the law.

“In the light of the orders of the FCT High Court made on the 10th of May 2017, I will not make an order for the release of the applicant.

“Since the parties in this case have been served and the matter had been adjourned till the 18th day of May 2017, I shall adjourn till the 18th day of May 2017 when the substantive suit and all objection on jurisdiction will be taken together. This is the order of the court.”

Ubah prayed the court to compel DSS release him from its custody.

The EFCC, the DSS Director-General, NNPC and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

The DSS arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.


In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the product’s owner or to pay a penalty for non-re-delivery”.

According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act for which Ubah should be arrested.

“The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

Oranuba also said NNPC was indebted to Capitol Oil in “excess of N16billion”, yet the company did not call law enforcement agencies to collect the debt.

Why FG, NASS Must Save 2000 Capital Oil Workers Now

By Ikenna Asomba

In the last few days, the Mainstream Media and Social Media have been abuzz with the arrest and detention of the Chairman, Capital Oil and Gas Industries Limited, Dr. Patrick Ifeanyi Ubah, by Nigeria's secret Police, the Department of State Services, DSS.

The DSS is said to have acted upon a petition by the Nigerian National Petroleum Corporation, NNPC, alleging that Capital Oil and Gas diverted Petroleum Products stored in its farm in Lagos.

However, Capital Oil and Gas, has argued that the matter is a civil contractual matter which needed no Media Hoopla or involvement of the Security agencies.

Having gone through the facts of the dispute between NNPC and Capital Oil and Gas, it must be clarified that the contract between Capital Oil and NNPC where NNPC stores its Petroleum Product in the Lagos Tank Farm of the former is known as THROUGHPUT AGREEMENT.

The ThroughPut Agreement allows “conversion and diversion of IT products by “operators” so long as the operator is prepared to re-deliver the products within 7 days of demand by the products owner or to pay a penalty for non-re-delivery.

Therefore, failure by one party to re-deliver is a “mere” breach of contract, remediable by the payment of penalty to the owner.

There can be no issue of crime in conversion or diversion of product, and does not call for the intervention of any law enforcement agency.

The Throughput Agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt.

Therefore, it must be clarified that the DSS or its Sister security agencies are not supposed to act as debt collectors.

NNPC OWES CAPITAL OIL AND GAS

It has never been denied by the NNPC that it owes Capital Oil and Gas over N16billion represented as follows:

$5,540,000 (N2.2billion) – unpaid berthing fees for NNPC vessels that called at our Jetty.

$2,952,555 (N1billion) -invoice for chartered vessels to carryout STS operations Lagos offshore to ferry product (PMS) to storage at the request of NNPC since 2015.

N1.170billion- amount owed to Capital Oil & Gas Industries Ltd for throughput services from March to October 2016.

N3.146billion: payment made to NNPC for 26,820m litres of PMS vide Pro-forma Invoice No. 53598 which is yet to be delivered to us.

N2.0billion- Payment to NNPC in April to facilitate the release of the Managing Director and engender reconciliation which NNPC reneged on.

N6.266billion- N0.80k and N0.40 Jetty Throughput charge on over 7 billion litres dispensed for NNPC by Capital Oil and Gas.

This debt has run since 2015. So, did Capital Oil and Gas call law enforcement agencies to collect the debt?

It must be stated that DSS continued arrest and incarceration of the Chairman of Capital Oil, Dr. Ifeanyi Ubah is nothing but Meddlesomeness in a civil matter that requires mere Reconciliation of Account Books.

DSS, FREE IFEANYI UBAH NOW

Without much ado, I call on the DSS to unconditionally release Dr. Ifeanyi Ubah now, following the order of Justice Muhammed Idris of the Federal High Court in Ikoyi, Lagos.

Justice Idris has ordered the DSS to produce Dr. Ubah before his court on Friday, May 12, 2017, and show why the oil mogul should not be released unconditionally.

The judge was ruling in the ex-parte application filed by Ifeoma Esom, counsel to Mr. Ubah’s, to compel his release from the custody of DSS where he has been since May 6.

SAVING OVER 2000 CAPITAL OIL AND GAS STAFF

There is no doubt that Dr. Ubah's Capital Oil and Gas, is the biggest oil firm in the Petroleum Downstream sector. Capital Oil and Gas boasts of over 2000 Workers. Even the NNPC retail outlet could only boast of a paltry 300 workers.

So, the question becomes, what would the President Muhammadu Buhari-led Federal Government wants to happen to over 2000 workers, with this latest onslaught to shutdown or suspend activities at Capital Oil and Gas?

The collateral effect that will see over 2000 innocent Nigerian workers forced into the Labour market again, is what must be considered by the President Buhari-led Federal Government in this latest onslaught against Capital Oil and Gas over a civil contractual matter. What will happen to the various families of these workers who are bread winners in their different homes?

In the Petroleum Downstream Sector, Capital Oil and Gas is renowned for its unflinching efforts in bettering the lots of its workers.

WHEN NLC HONOURED IFEANYI UBAH FOR STAFF WELFARE

It was against this backdrop that in September 2016, the Lagos State Chapter of the Nigerian Labour Congress, NLC, led by its Chairman, Comrade Tokunbo Korodo, honoured Dr. Ubah over what it described as the various milestones he (Ubah) has achieved in the oil industry, as well as his promotion of the welfare of Nigerian workers and the masses generally.

Then, the Chairman, NLC, Lagos chapter, Comrade Tokunbo Korodo, who led other executive members of the congress to present the awards to Capital Oil and Gas, as well as to Ubah in his personal capacity, said the various milestones Dr. Ubah has achieved in the oil industry, coupled with the promotion of the welfare of Nigerian workers, and the masses, geared the awards.

Korodo had said: “The various milestones you have achieved in the oil industry, considering your glowing pedigree, and coupled with your present stance on the promotion of the welfare of Nigerian workers and the masses generally is to us in the NLC very exemplary.

"We are here today to appreciate your magnanimity and your service to humanity. You are a role model to us and the younger generation of this country, a ray of hope, compassionate, and a philanthropist of inestimable value.

"This visit comes to serve as a solemn notification to you through this auspicious Honour that you are a rare gem in our modern day Nigeria, and indeed, your foray in the areas of business, politics, sports development and human capital development are testimonies of your forthrightness, ingenuity and determination to leave positive footprints for posterity.”

“You have touched the lives of people with the enormous milk of human kindness. Your sheer desire to allow for free flow of more of this quintessential humane touch was largely displayed when you forayed into the gubernatorial race in your dear state, Anambra under Labour Party." Korodo continued

“On behalf of my colleagues here, I want to appreciate your interests for workers and most significantly implore your pursuit to give more to workers through capacity building, and an improved workers’ welfare as we encourage you with this token (awards) to properly register our profound appreciation to you.”

Also, recognising the collateral damage the shutdown of Capital Oil and Gas would cause for over 2000 workers, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) has called on the Federal Government to embrace the use of dialogue to resolve the lingering impasse between the management of Capital Oil and Department of State Services (DSS), over the alleged illegal sale of petroleum products stored in their tank farm by the NNPC.

The union stated that workers have the right to protest the non-payment of their salaries and allowances and that the Federal Government should secure the jobs of those working in the sector.

NUPENG, in a statement signed by its President, Igwe Achese, stressed that although it does not support the alleged illegal diversion and sale of petroleum products, it was of the opinion that the Federal Government cannot sit still and watch workers lose their jobs.

The Union also made reference to the case of Seawolf Oil Services that was taken over by the Assets Management Corporation of Nigeria (AMCON) in which it says workers are yet to be paid their backlog of salaries and entitlements for over five years.

The statement had read: "NUPENG believes that the job creation mantra of the government should be allowed to play, rather than paving way for job losses as it is the case of the current closure of Capital Oil.”

It therefore called on the government to allow the 2,000 workers to resume work at the depot and load products so that their salaries can be paid, “instead of throwing them into the unemployment market for no fault of theirs”.

Against this backdrop, I call on the Federal Government currently led by Acting President, Professor Yemi Osinbajo, to call the DSS and the NNPC to order. The NNPC and Capital Oil and Gas have been business partners over the years. So, they must seek for Alternative Dispute Resolution (ADR) to settle their differences, instead of this whole Media Hoopla, as if they were sworn enemies.

No doubt, Capital Oil and Gas boasts of having a capacity to store over 60 per cent of NNPC's petroleum products, so, this current impasse would not stop the NNPC and Capital Oil and Gas from doing businesses. This current impasse must not be politicised.

I therefore also call on the Senate President, Senator Bukola Saraki and Speaker of the House of Representatives, Rt. Hon. Yakubu Dogara to intervene into this impasse.

The lives of over 2000 Nigerian Workers are more important than any impasse or contractual disagreement between NNPC and Capital Oil and Gas.
Ikenna Asomba is a Social Commentator.

NUPENG Calls For Dialogue To Resolve Capital Oil Impasse*


The Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) has called on the Federal Government to embrace the use of dialogue to resolve the lingering impasse between the management of Capital Oil and Department of State Services (DSS), over the illegal sale of petroleum products stored in their tank farm by the NNPC.



The union stated that workers have the right to protest the non-payment of their salaries and allowances and that the Federal Government should secure the jobs of those working in the sector.

NUPENG, in a statement signed by its President, Igwe Achese, stressed that although it does not support the illegal diversion and sale of petroleum products, it was of the opinion that the Federal Government cannot sit still and watch workers lose their jobs.

The Union also made reference to the case of Seawolf Oil Services that was taken over by the Assets Management Corporation of Nigeria (AMCON) in which it says workers are yet to be paid their backlog of salaries and entitlements for over five years.

“NUPENG believes that the job creation mantra of the government should be allowed to play, rather than paving way for job losses as it is the case of the current closure of Capital Oil.”

It therefore called on the government to allow the 2,000 workers to resume work at the depot and load products so that their salaries can be paid, “instead of throwing them into the unemployment market for no fault of theirs”.

OFFICIAL STATEMENT RELEASED BY CAPITAL OIL AND GAS’ MANAGEMENT ON DSS’ FALSE ACCUSATIONS: AN ATTEMPT TO CRIMINALISE A COMMERCIAL DISPUTE BETWEEN CAPITAL OIL & GAS INDUSTRIES LIMITED AND THE NNPC

The incarceration of our Chairman by DSS is unlawful, a disregard for the rule of law and a breach of Dr. Ubah’s fundamental right to liberty, freedom of movement and association.

A similar invitation was extended to Dr. Ubah on the 24th of March 2017, which he honoured as a law-abiding citizen only to be detained in DSS offices in Abuja for almost a month.

During that period a Fundamental Rights Enforcement Application was brought on behalf of Dr. Ubah at the Federal High Court Lagos as Suit No. FHC/L/C/487/2017.

Although an order was made for his production in court in that action, rather than obey the order, officers DSS, using a combination of coercion and cajoling, constrained him to discontinue that action upon an understanding that he would be immediately released. He was not released until over two weeks after he had complied and completely discontinued that action.

Upon his release on the 13th of April 2017, it was now discovered that during his incarceration he had been coerced into executing various documents committing the company to make certain payments and pledge some assets to NNPC Retail Limited. He was also made to execute a document in favour of the Asset Management Corporation of Nigeria (AMCON).

As soon as his doctors permitted access to him an action was brought at the Lagos Division of the Federal High Court seeking, inter alia, an order to restrain DSS and others from further inviting, arresting or threatening to arrest or detain him in regard to the NNPC/NNPC Retail Ltd matters.

The processes originating the new action filed as Suit No. FHC/L/CS/644/2017, were served on the DSS on the 28th of April 2017.

Dr. Ubah’s lawyers wrote to the DSS pointing out that any preemption of the judicial intervention during the pendency of the new action is totally irregular, a disregard of the rule of law, the constitutional guarantees of separation of powers and breach of the doctrine of Lis Pendens.

Rather than respect its constitutional and statutory limits the DSS has brazenly abducted Dr. Ubah and commenced a media blitz to justify their illegality.

THE ACCUSATIONS OF THEFT AND ECONOMIC SABOTAGE ARE COMPLETELY FALSE.

For the avoidance of doubt and to put the records straight, NNPC owes Capital Oil & Gas Industries Limited over N16 billion represented as follows:

$5,540,000 (N2.2billion) -   unpaid berthing fees for NNPC vessels that called at our Jetty.

$2,952,555 (N1billion) -invoice for chartered vessels to carryout STS operations Lagos offshore to ferry product (PMS) to storage at the request of NNPC since 2015.

N1.170billion- amount owed to Capital Oil & Gas Industries Ltd for throughput services from March to October 2016.

N3.146billion: payment made to NNPC for 26,820m litres of PMS vide Pro-forma Invoice No. 53598 which is yet to be delivered to us.

N2.0billion- Payment to NNPC in April to facilitate the release of the Managing Director and engender reconciliation which NNPC reneged on.
       
N6.266billion- N0.80k and N0.40 Jetty Throughput charge on over 7 billion liters dispensed for NNPC by us.

On economic sabotage, it is unimaginable that a company which has stood by NNPC and by extension the country at very critical petroleum supply crises can now be accused of engaging in activities to undermine the effective distribution of petroleum products across the country having thwarted a nationwide industrial action called by oil marketers during the epic inauguration of President Muhammadu Buhari.

We wish to reiterate that Capital Oil and Gas Industries Limited is committed to serving the nation to the best of its capacity and ability.

Signed:
Management