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.

Fayose berates DSS over arrest, detention of Ifeanyi Ubah, Says; “DSS becoming law unto itself”

Ekiti State Governor, Mr Ayodele Fayose has condemned the Department of State Services (DSS) arrest and detention of the Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, lamenting that “the DSS is becoming law unto itself and dragging Nigeria back to 1984 when Decree 2 was used by the National Security Organisation (NSO) to dump Nigerians in detention without trial under flimsy excuses.”

The governor, who described the DSS claim that it arrested and detained Ubah for inciting members of the Petroleum Tanker Drivers Union to stop lifting petroleum products so as to cripple the economy and cause untold hardship to Nigerians as “nonsensical”, added that; “It is becoming obvious that if nothing is done to curb the lawlessness of the DSS, the agency will singlehandedly truncate democracy in the country.”

In a statement issued in Ado Ekiti on Wednesday, by his Special Assistant on Public Communications and New Media, Lere Olayinka, Governor Fayose said arresting and detaining Ifeanyi Ubah for economic sabotage was a sad reminder of the President Muhammadu Buhari’s military regime.

He said under the State Security Act CAP. N 74 LFN, 2004, the responsibility of the DSS is majorly the prevention and detection within Nigeria of any crime against the internal security of Nigeria and the protection and preservation of all non-military classified matters concerning the internal security of Nigeria, noting that the service has abandoned its core duties.

“If Ubah is being held for allegedly inciting members of the Petroleum Tanker Drivers Union to stop lifting petroleum products, one day and very soon too, members of Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) will be sent to jail for going on strike to agitate for their welfare,” the governor said.

Governor Fayose, who said Nigerians did not vote for change to be hounded by the DSS as it is being done since the emergence of this All Progressives Congress (APC) government, noted that; “That’s the same way the DSS arrested the former Governor of Benue State, Gabriel Suswan in February and detained him until two days ago, claiming that he constituted security risk and failed to cooperate with investigators.

“The other time too, this same DSS claimed that it uncovered plot by the Rivers State Governor, Mr. Nyesom Wike to disrupt governance in strategic federal government agencies and one can begin to imagine if the DSS won’t one day accuse whoever that is perceived as opposing the APC-led government of coup plot.”

Speaking further, Governor Fayose said; “Nigerians should be reminded that I raised alarm when this regime of impunity started with the invasion of the Akwa-Ibom State government house and later the Ekiti State House of Assembly.  I did say then that democracy in Nigeria was becoming unsafe in the hands of this APC government and that those keeping silent because of politics might also end up in the belly of the roaring lion that was threatening to consume our democracy.

“Those who ought to have joined in condemning the DSS impunity at that time kept silent for fear of the unknown.

"Now it is Ifeanyi Ubah that they have visited with their tyranny, who knows who will be next?

“Well-meaning Nigerians and the international community must therefore raise their voice in condemnation of this regime of tyranny being ran be the DSS.”

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

IFEANYI UBAH'S ARREST: NNPC owes us N16bn, his firm says

Capital Oil and Gas Limited, owned by businessman, Ifeanyi Ubah has alleged that the Nigeria National Petroleum Corporation (NNPC) owes it N16 billion.

The company stated this in reaction to the arrest and detention of its chairman, Ubah by the Department of State Security (DSS) for what the agency said was based on his involvement in alleged stealing, diversion and illegal sale of petroleum products stored in his tank farm.

But in a statement released on Monday, the management of the company denied the accusation, adding, that it is an attempt to criminalise a commercial dispute between the company and the NNPC.

While it was widely reported that Capital Oil and Gas was unable to return 82 million litres of petrol, valued at N11 billion, out of over 100 million litres which the NNPC kept with it, the company said rather, it was the NNPC that owes it N16 billion.

According to the company, it is owed “$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 Limited for throughput services from March to October 2016, N3.146billion – payment made to NNPC for 26,820million litres of PMS vide Pro-forma Invoice No. 53598 which is yet to be delivered to us”.

It listed other debts to include, 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”.

In the statement, the company also narrated the events that led to the arrest of Ubah, a one-time governorship candidate in Anambra state. “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 company stated.

Meanwhile, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) has advised on dialogue to settle the lingering crisis brewing between the government, the DSS and the Management of Capital Oil over the alleged illegal sale of petroleum products stored in their tank farm by the NNPC.

The union stressed its displeasure over the illegal diversion and sale of the petroleum products by Capital Oil, but that it was of the opinion that the Federal Government cannot sit down and watch workers lose their jobs, as in the case of Capital Oil, where over 2,000 workers are presently idle.

It added that the global practice is for government to secure and create jobs.

NUPENG made this known in a statement signed by the President, Comrade Igwe Achese. The Union also 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 also mentioned the case of Seawolf Oil Services that was taken over by the Assets Management Corporation of Nigeria (AMCON) where the workers have still not been paid their backlog of salaries and entitlements for over five years now.

NUPENG believed 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 Capital Oil closure now.

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

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, Channels TV reports.

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”.

Source: Channels TV

Many Nigerians appear to be unhappy about the unlwaful arrest arrest of Anambra born Billionaire and philantropist Dr Ifeanyi Ubah who is the CEO/MD of Capital oil and gas Ltd. Reliables sources have it on good authority that the arrest has little or nothing to do with oil theft but a case of contractual breach by both parties.

See tweets below:

Court Orders AMCON To Pay Capital Oil and Gas N26 Billion



In what could be described as an epic judgment a Federal High Court in Abuja on Thursday ordered the Asset Management C‎orporation of Nigeria (AMCON) to pay Capital Oil and Gas Limited the sum of N26Billion  as contained in the consent judgment delivered in 2013.


The court presided over by Justice Abdul Kafarati in his judgement held that the court has powers to enforce its judgment or the verdict of any lower court in the country.


Justice Kafarati also restrained AMCON from exercising any powers over Capital Oil and Gas Limited and its assets and from processing any assignment and transfer among others.

He further advised to live up to its statutory responsibility of reviving the nation's economy through positive supports for businesses to thrive.

The court went further to grant all the reliefs of the plaintiff and made the following orders:

"An order compelling the defendant (AMCON) to comply with obligations to restructure the plaintiff's debt and to provide Trade Finance Facility in the sum of 16 Billion Naira for revamping of the plaintiff's business and to pay the plaintiff's trade creditors.

"An order compelling the defendant to comply with the consent judgment and to make the additional sum of N10, 590, 000, 000 Billion naira available to the plaintiff for the payment of sundry creditors who continue to threaten the plaintiff's business.

"An order of injunction restraining the defendant from exercising any powers over the plaintiff and its assets and from processing any assignment, transfer or other demise whatsoever or requesting for statutory consent or other approvals for the transfer or other demise of any rights in the assets of the plaintiff," Justice Kafarati said.

In his reaction shortly to the judgment, counsel to the plaintiff, Ajibola Oluyede, described the verdict as a "landmerk decision" that is rooted in the vision of the founding fathers of AMCON, urging AMCON to adhere to the position of the court by living up to its statutory billing in providing the needed support for businesses to flourish with the ultimate goal of creating jobs for the citizenry.

It would be recalled that a Federal High Court, Lagos Division, had on May 6th struck out the suit commenced by AMCON against Capital Oil and Gas Industries Limited on the grounds that the suit was premature and seeks to circumvent existing suits in different courts on issues relating to the alleged indebtedness of Capital Oil and Gas which is currently under dispute.


This was the basis of an order by the judge, Justice Idris, striking out a petition filed in the court by AMCON for the freezing of Capital Oil and Gas’ accounts and winding up of Capital Oil and Gas Ltd  for its alleged inability to pay the disputed debt.


In the ruling delivered on 6th May 2016 in Suit No. FHC/L/CP/506/2016, the judge upheld the contention of Capital Oil and Gas’ counsel, Ajibola Oluyede, represented by Michael Damiari, that the winding up proceedings filed by AMCON against Capital Oil and Gas was intended to circumvent the existing actions in suits FHC/ABJ/CS/430/15; FHC/ABJ/CS/514/15 and FHC/L/CS/1529/15 where-in live issues pertaining to the consent judgment in FHC/ABJ/CS/714/2012 which is the subject matter of the winding up petition are pending.


 According to the court “until the issues raised in those suits are determined, it will be premature to say the judgment debt has crystalized as provided in clause 2.4 of the consent judgment”.



Specifically, ‎the Federal High Court, Lagos Division,had struck out the suit commenced by AMCON against Capital Oil and Gas Industries Limited on the ground that the suit is premature and seeks to circumvent existing suits in different courts on issues relating to the alleged indebtedness of Capital Oil and Gas which is currently under dispute.


This was the basis of an or-der by the judge, Justice Idris, striking out a petition filed in the court by AMCON for the freezing of Capital Oil and Gas’ accounts and winding up of Capital Oil and Gas Ltd. for alleged inability to pay the disputed debt.


In the ruling delivered on Friday 6th May 2016 in Suit No. FHC/L/CP/506/2016, the judge upheld the contention of Capital Oil and Gas’ counsel, Ajibola Oluyede, represented by Michael Damiari, that the winding up proceedings filed by AMCON against Capital Oil and Gas was intended to circumvent the existing actions in suits FHC/ABJ/CS/430/15; FHC/ABJ/CS/514/15 and FHC/L/CS/1529/15 where-in live issues pertaining to the consent judgment in FHC/ABJ/CS/714/2012 which is the subject matter of the winding up petition are pending. According to the court “until the issues raised in those suits are determined, it will be premature to say the judgment debt has crystalized as provided in clause 2.4 of the consent judgment”.



In defence, Capital Oil and Gas, in its Respondent’s Counter Affidavit of 91 paragraphs deposed to by Nsikan Usoro in opposition to AMCON’s petition, had contended that AMCON grossly violated the terms of the consent judgment entered between the two parties. It was argued that AMCON failed, refused and/or neglected to inject the requisite funds into Capital Oil and Gas as agreed and contained in the terms of the consent judgment despite Capital Oil and Gas fulfilling all its obligation of transferring assets valued at over N150 billion to AMCON. It was also contended that Capital Oil and Gas, which is a going concern and also a company of strategic national importance responsible for a great percentage of petroleum products distributed nationwide, is not insolvent, not indebted to AMCON, neither was it unable to pay its debt as the company has assets worth over N300 billion, far in excess of any alleged debt to AMCON or any other creditor.



It was further argued that AMCON is indebted to Capital Oil and Gas to the tune of over N150 billion, arising from economic losses and damages inflicted on Capital Oil and Gas by AMCON, through the gross mismanagement of Capital Oil and Gas’ prime facilities and business interests during the two years of AMCON’s ill management of Capital Oil and Gas, which is the subject matter of suit no. FHC/ABJ/CS/430/2015 and in other various claims pending before different courts.



The court agreed with the argument of Capital Oil and Gas in its preliminary objection and struck out the petition. The court also set aside all the interim orders made by the court therein.


It was further contended that AMCON is indebted to Capital Oil and Gas to the tune of over N150 billion, arising from economic losses and damages inflicted on Capital Oil and Gas by AMCON, through the gross mismanagement of Capital Oil and Gas’ prime facilities and business interests during the two years of AMCON’s ill management of Capital Oil and Gas, which is the subject matter of suit no. FHC/ABJ/CS/430/2015 and in other various claims pending before different courts.



The court agreed with the argument of Capital Oil and Gas in its preliminary objection and struck out the petition. The court also set aside all the interim orders made by the court therein.