News From Nigeria
The Movement for National Reform (MNR) on Friday rationalized its hostility towards the actions of the initiator of a draft bill seeking the restructuring and new model of government in Nigeria, Dr. Akin Fapohunda.
‘’The attention of MNR has been drawn to a strident advocacy that seeks to convert an annexure of decree 24 of 1999 to the Constitution of the Federal Republic of Nigeria (CFRN). The champion of the said advocacy is Dr. Akin Fapohunda who has zealously offered himself as a consultant to Mr. President by substantiating a draft earlier rumoured in the public and denied by the government. This is curious and worrisome as such a matter of national interest affects the collective destiny of all of us as citizens of Nigeria’’.
The movement also contended that it would not be out of place to lift the suspension of the 1963 CFRN to amend it with contemporary realities for seamless reversion to true democracy and republicanism.
‘’Let it be known that We the People in MNR share the same sentiments about the need to restructure the FRN to one that works for all, but we differ significantly in strategy with the position of Dr. Akin Fapohunda. We wish to caution that the art of statecraft requires very careful attention to details in order to eschew social dislocation of the life and livelihoods of citizens by succumbing to fleeting clannish sentiments. We hold the views that all Nigerians will benefit from lifting the suspension of the 1963 CFRN to amend it with contemporary realities for seamless reversion to true democracy and republicanism. We firmly stand on this premise’’.
The Movement in a statement in Abuja accused Fapohunda of seeking to convert an annexure of decree 24 of 1999 to the Constitution of the Federal Republic of Nigeria (CFRN).
‘’The catch phrase, “We the People” is the DNA from which any democratic constitution must draw its life. As a result, it is important to interrogate the position of Dr. Akin Fapohunda in seeking for a conversion of an annexure of Decree 24 of 1999 to the CFRN via a private member Bill at the National Assembly (NASS)’’.
Titled: An addendum to the Memorandum of the Movement for National Reform (MNR) to the House of Representatives Constitution Review Committee of April 6, 2024, the Movement said it was unfortunate that Fapohunda who has zealously offered himself as a consultant to Mr. President descended so low to making unguarded statements.
‘’MNR hereby wish to consider the altruism of Dr. Fapohunda’s motivation against other schools of thought on the ongoing public discourse on the CFRN. It is very revealing and indeed interesting that NINAS with over 25 years of research and advocacy issuing for a brand new CFRN and not such a quick fix of Dr. Fapohunda. MNR view on the subject matter is rooting for a repeal of four junta decrees to pave way for LIFTING OF SUSPENSION of the 1963 republican CFRN for amendment with contemporary realities to rejuvenate the existing presidential style federation akin to that of USA plus necessary modifications that suit our cultural environment. The silence of Patriots about their preference for the 2014 Confab report cum draft constitution should not be disregarded’’.
The statement signed by MNR Constitution Review Committee Chair, Prof. O. Igho Natufe and Secretary, Dr. Yemi Adegoke reiterated that the MNR is clearly focused on the democratic exigencies for NASS to restore the suspended 1963 republican CFRN for amendment rather than the so-called 1999 CFRN.
‘’Our stand gives due recognition to NASS as elected legislative representatives of We the People’. The solo effort of Dr. Akin Fapohunda in his second coming on subject matter is curious. In his first coming of 2021, Dr. Akin Fapohunda was Secretary of an erstwhile Eminent Elders Forum that made a presentation to NASS on 9.2.2021, which did not prosper. That exercise focused on the 1963 CFRN’’
The group said events so far pointed to the fact that it is obvious that the tackles act of Fapohunda is a plot to redefine the federating units from the existing structure of littoral states to shadow notional geopolitical regions.
‘’At his second coming in 2024, same Dr. Akin Fapohunda position has shifted from his support for the 1963 CFRN to now push a narrative that seeks to convert an annexure of decree 24 of 1999 as the CFRN and to redefine the federating units from the existing structure of littoral states to shadow notional geopolitical regions. How a draft by an individual will be different from decrees by few under the military that has rendered the democratic tenets of the nation impotent should be of deep concern to every true democrat’’.
Noting that the activities of Fapohunda if not checked could affect the hopeful democracy in the country, the group said it is advisable to restore the 1963 CFRN from suspension for amendment with contemporary realities such as the existing littoral states in order to recalibrate the Federal Republic of Nigeria (FRN) in consonant with global best practices that will be modified to align with the cultural traits of the FRN, recognizing the rights of the indigenous ethnic nationalities as the core federating units of the country’’.
‘’The efforts of Dr. Akin Fapohunda in his second outing woefully fail the democratic litmus test of We the People in all ramifications. The 1963 CFRN is the only democratic template upon which the Republican strands of Nigeria are hinged
The Movement urged Fapohunda to stop throwing caution to the wind.
‘’The fear of electoral supremacy of yore from any part of Nigeria will be diminished by the recalibration of the governing system along the path of true federalism that reflects the republican import of ethnic nationalities. In the likelihood of the FRN going the way of USSR/Czechoslovakia, the littoral states in each notional geopolitical zones will easily ‘amalgamate’ into respective standalone Republics they deem fit. Upon the restoration and subsequent amendment of the 1963 CFRN, the emergent entities from the ashes of the FRN will be on sound tenets of democratic foundation; the path of Dr. Akin Fapohunda will birth such entities from the chaotic oligarchy of junta decrees like the burdensome decrees 1 of 1966, 34 of 1966, 104 of 1979 & 24 of 1999’’.
‘’A cursory perusal of the Bill proposed by Dr Fapohunda reveals disturbing provisions for matters of person(s)-specific pursuits rather than secular provisions that are broad in outlook and purview. Such provisions as those in Section 6(g) on transhumance, Section 17(1)(a) on federal government lands in the federation, Section 18(1) on the role of the governor of a littoral entity (state), and section 22(7) on open grazing of livestock are impulsive enough to stir deep and unsavoury hunches in citizens’’ the statement added.
Members of the MNR Constitution Review Committee representing the six geopolitical zones include Mr. Aaron Daniel Ladan, Sir Amorighoye Sunny Mene, Barrister Kingsley Ehensiri Akpederin, Barrister Gbenga Awosode, Barrister Matthew Godfree, Barrister Ozegbe S. Ogokuni, Barrister Edward Ekpoko, Chief Emeka Diwe, Chief Ike Nwalunor and Da Jonathan S. Akuns.
Others are Dr. Ayodele Ojajune, Dr. Chris Enemuoh, Dr. Diamond Longjel, Dr. Philip Idaewor, Dr. Sola Olunuga, Elder Ben Osawe, Engr. Ikem Nwandu, Prof. Ezekiel Kolawole Ogundowole, Mr. Isa Nuhu and Mrs. J. Adedeji.
Prof. Benjamin Okaba, Prof. Chris Akpotu, Prof. Friday Emenka Udeh, Prof. Jerry Chukwu Okolo, Prof. Nath Agu, Prof. Adaobi Patricia Ugbomeh, Prof. Julie Nwabogo Umukoro, Rev. James Pam, Mr. Rex Essenowo, Mr. Taiwo Akinola, Mr. Tony Ede, Mr. Wole Aina and Mr. Yerima Shetima are also members of the MNR Constitution Review Committee.
Socio-Economic Rights and Accountability Project (SERAP) has urged the 36 state governors in the country and the Minister of the Federal Capital Territory, Abuja, Mr Nyesom Wike to “disclose details of federal allocations meant for local governments in your state and the FCT and the actual disbursement of the allocations to the local governments since the return of democracy in 1999.”
SERAP also urged them “to promptly invite Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to investigate the actual disbursement and spending of federal allocations meant for local governments in your state and the FCT since May 1999.”
Former president Muhammadu Buhari had in December 2022 stated that, “If the money from the Federation Account to the State is about N100m, N50m will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it with whoever he wants to share it with.’”
In the freedom of information requests dated 27 January 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Nigerians have the right to know the details of actual disbursement and spending of federal allocations in your state and the FCT.”
SERAP said, “States and the FCT should be guided by transparency and accountability principles and proactively publish information pertaining to their actual disbursement and spending of federal allocations meant for local governments.”
According to SERAP, “Opacity in the amounts of federal allocations actually disbursed to local governments in your state has continued to have negative impacts on the fundamental interests of the citizens and the public interest.”
The FoI requests, read, in part: “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel you and your state and the FCT to comply with our requests in the public interest.”
“Transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions, and strengthen the rule of law.”
“Implicit in the freedom of expression is the public’s right to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented.”
“Transparency would ensure that the allocations are not diverted into private pockets, and increase public trust that the money would be used to benefit Nigerians resident in these local government areas.”
“SERAP is seriously concerned that years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.”
“Ensuring transparency and accountability in the actual disbursement and spending of federal allocations in your state would also improve the enjoyment by Nigerians of their right to natural wealth and resources.”
“You have a legal responsibility to promote transparency and accountability in the actual disbursement and spending of federal allocations meant for local government areas in your state, and to ensure that the allocations are dully and fully disbursed to the local governments.”
“SERAP is concerned that despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the culture of impunity of perpetrators.”
“Combating the corruption epidemic in the spending of federal allocations meant for local government areas in your state would alleviate poverty, improve access of Nigerians to basic public goods, and enhance the ability of the local governments to effectively and efficiently discharge their constitutional and statutory responsibilities.”
“According to our information, the 36 states in Nigeria and the federal capital territory, Abuja, have collected over N40 trillion federal allocations meant for the 774 local governments areas in the country and FCT.”
“The Federation Account Allocation Committee (FAAC) disbursed to states N225.21 billion federal allocations meant for local governments in November 2023 alone. States also collected N258,810,449,711.47 federal allocations meant for local government areas in December 2023.”
“However, there is opacity in the actual disbursement of federal allocations to the local government areas in your state. States and the FCT have over the years failed and/or refused to disclose the portion of federal allocations that are disbursed by state governors.”
“SERAP notes that former president Muhammadu Buhari recently alleged that state governors routinely pocket or divert federal allocations meant for local governments areas in their states.”
“According to Buhari, ‘If the money from the Federation Account to the State is about N100 million, N50 million will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it with whoever he wants to share it with.’”
“SERAP also urges you to provide details of the transparency and accountability mechanisms that have been put in place to ensure that the trillions of naira of federal allocations that have been received by your state and the FCT are not embezzled, misappropriated or diverted into private pockets.”
“Section 162(6) of Nigerian Constitution 1999 (as amended) provides that each state shall maintain a ‘State Joint Local Government Account’ into which all allocations to local government councils from the Federation Account and from the Government of the State shall be paid.”
“Section 162(5) makes it mandatory that amounts standing to the credit of the councils will be allocated to the States for the benefit of their local government councils.” “Section 13 of the Nigerian Constitution imposes clear responsibility on your state to conform to, observe and apply the provisions of Chapter 2 of the constitution.”
“SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your state to ensure proper management of public affairs and public funds.”
“The public interest in publishing the information sought outweighs any considerations to withhold the information. Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure.”
Kolawole Oluwadare
SERAP Deputy Director
28/1/2024
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
January 27, 2024
Press Statement
PDP Demands Release of Abducted Lagos Party Chairman, Others
…Tasks Tinubu on Security
The national leadership of the Peoples Democratic Party (PDP) demands for the immediate release of its Lagos State Chapter Chairman, Hon. Philip Olabode Aivoji, who was abducted on his way to Lagos from Ibadan, Oyo State capital after a very important Party assignment.
The PDP is seriously concerned about Hon. Aivoji’s well-being and safety especially considering his age and health status.
Our Party condemns the distressing spate of kidnap for ransom, mindless killings, marauding of communities and other acts of terrorism across the country under President Bola Ahmed Tinubu’s watch and calls for urgent action to ensure the release of all those held in kidnappers’ dens in various parts of the country.
The alarming situation is an agonizing confirmation that the security intelligence, command, operation and coordination structure under President Tinubu has collapsed.
It is lamentable that despite widespread outcry by Nigerians, the Tinubu administration remains insensitive, nonchalant and laidback on security matters.
Despite the killing of over 5000 Nigerians with the maiming and kidnapping of many more since he took office on May 29, 2023, President Tinubu has not taken any concrete Presidential measure to stem the carnage beyond issuing insipid press statements and extemporaneous security orders whenever an attack occurs.
More heartrending is that the Tinubu-led APC administration continues to play to the gallery by mouthing false assurances while many Nigerians are languishing in kidnappers’ dens and families grieving over the daily killing of our citizens by terrorists.
Our Party however appreciates and commends the efforts of our gallant men and women in uniform for their patriotism, courage and determination in the fight against terrorism, kidnapping and other social vices plaguing our country despite daunting challenges.
The PDP charges the security high command to take urgent steps to secure the release of Hon. Aivoji and all other Nigerians trapped in abductors’ camps in various parts of the country.
Our Party calls on Nigerians to be at alert and continue to support our security agencies in their efforts to safeguard our nation at this very critical time.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary
UNDERSTANDING THE SCHISM BETWEEN THE ORODJE OF OKPE KINGDOM AND THE OKPE UNION BY PROF. O. IGHO NATUFE, PRESIDENT GENERAL, OKPE UNION WORLD WIDE
January 25, 2024
Introduction
On January 10, 2024, the College of Physical Education Mosogar chapter of the National Association of Okpe Students (NAOS) organized an Okpe Cultural Day to promote Okpe Culture and Okpe Identity. They invited the National Leadership of the legitimate Okpe Union as well as the illegal Okpe Union imposed by HRM Orhue l, Orodje of Okpe Kingdom. We gathered that severe pressures were exerted on the organizers of the Okpe Cultural Day event by some Palace Ekakuro, ordering them not to invite the legitimate Okpe Union. Barr. Ehensiri Akpederin, the General Secretary of Okpe Union worldwide was there to represent the legitimate Okpe Union. So also was Okakuro Joseph Aboze with his colleagues from the illegal group. Okakuro Aboze expressed his disappointment at the presence of Barr. Akpederin, and told the students that he and his group would depart from the venue after his address, explaining that they would not sit at the same venue with, according to him, a group that had taken the Orodje to court and planned to send the Okpe Monarch to prison. In his attempt to establish the supremacy of the Orodje, he declared: “There is no Union in Okpe without Okpe Kingdom”.
Characteristically, Okakuro Aboze focused on the effect and not the cause of the schism between the Orodje of Okpe Kingdom and the Okpe Union. He did not brief the Mosogar students and fellow Okpe nationals present at the event, about the series of peace initiatives that were aborted by the Orodje. Therefore, the purpose of this article is to debunk the propaganda of the illegal group led by Okakuro Aboze by providing a step-by-step review of the schism. But before going into the details, let us start with Okakuro Aboze’s falsification of Okpe History when he declared that: “There is no Union in Okpe without Okpe Kingdom”.
A kingdom exists because there was a Nation that produced it. Thus, a kingdom cannot be superior to the Nation that birthed it. This is particularly true of the Okpe Kingdom where the Okpe Nation congregates to elect one of its male citizens as the Orodje via a democratic electoral process. The sovereignty of an Orodje does not grant him an absolute or dictatorial power or authority, but is derived from the results of the electoral process on behalf of the Okpe Nation. When the four princely brothers, our ancestors – Orhue, Orhoro, Evbreke, and Esezi – decided to establish the Okpe Kingdom, they did so from the bowel of the Okpe Nation. Unfortunately, the kingdom under the first Orodje collapsed in 1779 leading to an interregnum of 166 years. (See https://okpeunionng.net/orodjes-of-okpe-kingdom/) During this period, there were no Orodjes because there was no kingdom, but Okpe Nation continued to exist and represented by power brokers in several autonomous Okpe communities.
Thanks to the Okpe Union, the Okpe Kingdom in the modern era was resuscitated in 1945. From its inception in 1930, the Okpe Union launched a campaign for the restoration of the Okpe Kingdom, irrespective of the opposition of several influential Okpe leaders who were apprehensive about the likelihood of our having another dictatorship akin to the rule of HRM Esezi l. It was not until 1943 that Okpe leaders acquiesced to the demands of the Okpe Union for the resuscitation of the Okpe monarchy, after the Sapele land case which got to the West African Court of Appeal (WACA).The invitation by the British colonial government for the revival of the Udogun Okpe in the late 1920s was for the purpose of its indirect rule policy. It is an incontrovertible fact that the Okpe Union birthed the Okpe Kingdom in the modern era that produced HRM Esezi ll (1945 – 1966); HRM Orhoro l (1972-2004); and HRM Orhue l (2006 – present). This brief narrative succinctly demonstrates that Okpe Union existed in Okpe Nation “without Okpe Kingdom”as the Okpe Nation thrived as several autonomous communities with solidarity “without Okpe Kingdom”. I am sure that Okakuro Aboze is aware of this Historical fact, but elected to falsify it in order to propagate a false thesis to mislead the Okpe Nation. We therefore reiterate that there is a modern Okpe Monarchy because there was an Okpe Union in an Okpe Nation that fought for its restoration in 1945, after almost 200 years of interregnum. The Okpe Monarchy was not restored to enthrone dictatorship and/or an absolute monarchy, as feared by the influential senior Okpe leaders that were opposed to the restoration of the Okpe Kingdom. In fact, to underline the symbolic role of the Okpe Union in Okpe History, Okakuro Senator David O. Dafinone, the Master of Ceremony at the coronation of HRM Orhue l, on July 26, 2006, asked the Okpe Union three times in Okpe Language:
“Okpe Union, are i hweri ta ghene ahẹ Felix Mujakperuo siyẹ aga-ẹ Orodje Okpe?”
The above means in English Language: “Okpe Union do you agree that Felix Mujakperuo be crowned as Orodje of Okpe Kingdom?” Okpe Union responded Yes on each occasion.
The Orodje’s Coup d’état
The Okakuro Robert Onome-led NEC of the Okpe Union was ridden with internal crisis from the day of its election on November 19, 2016. The Orodje had made a couple of attempts to reconcile the warring parties. At a meeting he had convened at the Palace on Sunday, October 3, 2020, the Orodje announced his dissolution of the NEC and barred its members from contesting for elections for two years and as well announced an Interim Committee. I had spoken with the Orodje on September 24 and September 29 before the purported dissolution of October 3, 2020. I initiated the September 24th call to discuss the NEC crisis, while the September 29th call was initiated by the Orodje primarily to seek my opinion on why the Okpe Union of North America (OUNA) was not a branch of the Okpe Union in Nigeria. He sought for my opinion because he knew I was the Founding President of OUNA before his coronation. We hosted him at OUNA’s 3rd AGM at College Park, MD, USA, on August 31 – September 3, 2007 where he delivered a landmark Keynote Address, emphatically stressing the uniqueness and distinctiveness of Okpe as an ethnic nationality in Delta State. (See https://okpeunionng.net/tradition-and-governance/)
Moments after the Orodje dissolved the NEC on October 3, 2020 I ranged him to register my opinion followed by a memo to him on October 5, 2020 in which I offered him a pathway to resolving the deepening crisis occasioned by the October 3 dissolution.
Prior to October 3, 2020, I made spirited efforts to mediate the internal crisis in NEC. I held a series of discussions with Okakuro Onome and Barr. Ehensiri Akpederin. They were the President General and General Secretary, respectively at that time. The discussions were progressing well as both parties agreed to participate at the Annual General Assembly (AGA) slated for November 14, 2020, at the Okpe Hall, Sapele. Unfortunately, further discussions were thwarted by the Orodje’s purported dissolution of October 3. However, my memo to the Orodje on October 5, 2020 continued my peace initiatives. For the first time, I am making excerpts from my memo to the Orodje public, because of the series of enquiries I have received from concerned Okpe nationals asking to know the role I had played at securing peace between the Orodje and the Okpe Union, long before I was elected the President General of the Okpe Union. It should be stressed that, immediately after the October 3, 2020 event, two Okpe nationals based in the Diaspora signalled their intentions to contest for the President General position. Their intentions were warmly received in several Okpe platforms.
I have provided below long excerpts from my memo of October 5, 2020 to the Orodje seeking for a peaceful resolution of the schism. Referring to the internal NEC crisis in the Okpe Union between 2016 and 2020, I wrote to the Orodje as follows:
“These series of crises completely paralyzed the Okpe Union during the past four years, thus denying Okpe a voice in the community of ethnic nationalities in both Delta State and in Nigeria. We became irrelevant in Delta State where we are recognized as the most populous mono ethnic nationality”.
“As concerned Okpe nationals most of us were worried at the purposeless leadership of the NEC. When we spoke on September 24, 2020, you informed me that you had instructed your Secretary to invite the leaders of NEC and other Okpe leaders to a meeting at the Palace on October 3, 2020. We talked briefly about the forthcoming Annual General Assembly (AGA) of the Union scheduled for November 14, 2020, at Okpe Hall, in Sapele. I recall suggesting that you send a senior Okakuro to observe the proceedings on November 14. The decision of the October 3 meeting at the Palace was a surprise to most Okpe nationals. I rang and spoke with you moments after the meeting ended. This is the subject of my memo to you. It is not my intention to challenge your decision, but rather to appeal for a reconsideration of certain aspects of the decision. In doing so, I will attempt to speak truth to power while respecting your position as the Orodje of Okpe Kingdom. I will do so as both a cousin and friend”.
I continued:
“The Dissolution Decree, as I have christened the decision of October 3, is akin to a military coup. Without prejudice to the good intentions of the decision, there is a grave concern about the precedent setting inherent in the decision. For example, the barring of members of the dissolved NEC from contesting in a new election raises fundamental issues about their human rights vis-à-vis the Constitution of the Federal Republic of Nigeria. Has a prima facia case been established against these former NEC members? Can this decision be sustained in a Court of Law? While it may be valid under an absolute monarchical system, I suggest that we examine its validity in a non-monarchical system like the Federal Republic of Nigeria. As I alluded to above, the decision establishes precedence for future Orodjes to adjudicate disputes in any Okpe organization. It removes the power and authority of internal conflict resolution from the respective organs of these organizations and drags the Orodje into political interference in the management of these organizations. My fear is, once this becomes an established modus operandi, the Orodje becomes a fair game for politicians and political parties. This will pull us into a system anchored on the divine rights of Kings engaged in a perpetual struggle vis-à-vis the peoples’ voice with severe consequences for democracy building and constitutionality”.
“Okpe Union is a members’ only organization whose members belong to respective branches or regions. It is observed that only three out of nine persons on the Interim Committee are members of the Okpe Union: Professor EmurobomeIdolor, Chief Barr. Bright Igbako and Professor Kenneth Eni. The establishment of the Interim Committee and its composition is regarded in several quarters as an attempt to make the Okpe Union an administrative arm of the Palace. I hope this is incorrect, for it will be injurious to both Okpe Kingdom and the Okpe Union”.
“The Constitution of the Okpe Union provides justification for the scheduled AGA of November 14, 2020 as a viable occasion to resolve the Union’s crisis. We have endured the poor governance and shambles of the dissolved NEC for almost four years. Okpe Union members and stakeholders in Nigeria and the Diaspora succeeded in raising more than 1,000,000 naira (One Million Naira) within 36 hours to host the AGA, surpassing the AGA Planning Committee’s budget of 950,000.00 naira (Nine Hundred and Fifty Thousand Naira). The main agenda item is to elect a caretaker committee that will appoint an electoral committee towards the election of a new NEC proposed for early or mid-March 2021. It is my understanding that 30 out of 32 branches and regions have registered to attend the AGA. It was clear that the people had spoken and prepared to reorganize and rebuild a viable Okpe Union. My plea, Umogu, is for you to utilize the existing structure of the Union in facilitating the emergence of a new and purposeful Okpe Union. It is instructive that you dissolved the NEC and NOT the Okpe Union”.
“Since the venue and funds for the AGA have been secured, I recommend the following for your due considerations.
“Umogu, Umogu, Umogu, it is my sincere plea that you accept the above recommendations. By doing so, your role in saving the Okpe Union from disintegration and/or fragmentation will be inscribed in GOLD for posterity.
May your reign be long, peaceful and prosperous.
God bless you”.
Attempts at a Resolution
Before the election of the current NEC on May 15, 2021, which I am privileged to lead, and since then, NEC has engaged in the search for peace on several occasions
Prior to the intervention of the Rev. Dr. Osume-led Okpe Peace Reconciliation Committee in the search for peace, NEC had gone to court in Sapele praying the Court to restrain members of the Orodje-imposed Interim Executive Committee and its agents from parading themselves as leaders of the Okpe Union. When Rev. Dr. Osume intimated us about his committee’s peace mission, he requested that we withdraw the case from court so as to give peace a chance. We obliged. However, immediately we withdrew the case from court, the Palace wrote to the Corporate Affairs Commission (CAC) requesting them to recognize the Interim Executive Committee. This was a plot to oust the democratically elected NEC from CAC recognition. Thus, it was obvious that the intention of the Orodje-imposed Interim Executive Committee was not to seek a peaceful resolution to the conflict but to gain time in its treacherous move to get CAC to recognise them and register their appointed new Board of Trustees and prevent the democratically elected NEC of the Okpe Union from being recognised by the CAC. Faced with this treachery, we elected to file a suit at a Federal High Court in Lagos. HRM Orhue l, the Prof. Idolor-led Interim Executive Committee and the CAC were served as defendants in the case.
To demonstrate the insincerity of the Orodje-imposed committee in respecting the court process, they obtained a court order in Abuja to appoint an illegal Board of Trustees, without disclosing to the Abuja Federal High Court that they were already defendants in a Lagos Federal High Court on the same subject. Furthermore, we already lodged an application at the Lagos Federal High Court with a similar prayer much earlier and known to the CAC, the Orodje and the illegal Interim Executive Committee. They surreptitiously acquired a certificate of incorporation; an issue that is being handled via an appropriate channel. It is worth noting that the judgment of the Federal High Court, Lagos has nullified the Board of Trustees appointed by the Illegal Interim Committee and all other actions by it.
Exposing the Falsifications
Even after the judgment of the Federal High Court ruled in favour of the Okpe Union on January 19, 2023, we still opened a window for an out-of-court settlement, on the proviso that the illegal group respects and complies with the Judgment. Interestingly, Okakuro Aboze did not mention this to the NAOS students in Mosogar on January 10, 2024. For example, he did not inform them that, upon his receipt of the Federal High Court Judgment of January 19, 2023, he and his colleagues informed the Udogun-Okpe of their decision to “step aside” from their illegal status so as to allow the Judgment to reign. But, according to him, Udogun-Okpe rejected their decision to “step aside”. By his own revelation, he and his group decided to continue playing their roles as sycophants because they lacked the courage to speak truth to power. He made this revelation on August 9, 2023 at a peace meeting convened by Okakuro Oghenevworo Jemikalajah and two other Ekakuro. Okakuro Aboze and Mr. Ochuko Abegbe represented the illegal group, while the Okpe Union was represented by Messrs Okpako Ayaruja, Kingsley Ehensiri Akpederin, Esq. and Dr. Lucky Akpere. While he recognized the grounds for the victory of the democratic Okpe Union as legal, he however pleaded that his illegal group be allowed to remain in office for the first four years before they would hand over to the democratically elected NEC of Okpe Union. We rejected his conditions for resolving the conflict as they tantamount to crowing the illegal group with a toga of legitimacy. We insisted on their compliance with the judgment of the Federal High Court, which declared that the Orodje lacked the power and authority to dissolve the NEC of the Okpe Union and impose an illegitimate leadership on the Okpe Union
It is important to state that, since the October 3, 2020 purported dissolution of the NEC of Okpe Union, the Orodje and his imposed illegal group label us and those who support the truth as “dissidents” and “enemies” of the Okpe Kingdom, simply for disagreeing with the illegal dissolution of the NEC. Some persons in a bid to weaken the support base of the Union have been promising members of Okpe Union and other Okpe citizens that are supporting Okpe Union, that the Orodje would recommend them for employment/appointment in the Delta State Government, if they withdrew their support. We consider this a despicable act as it transforms the Orodje into an employment agent for the Delta State Government. Interestingly, in 1994, Ms. Liz Truss called for the abolishment of the British Monarchy. She was NOT declared an enemy of the United Kingdom and neither was she denied access to gainful employment. On September 6, 2022, she was invited by Queen Elizabeth ll to become the 3rd female Prime Minister of Britain. It is imperative that we as enlightened Okpe nationals guide Okpe traditional institutions along the path of democracy and reject any tendency towards absolute monarchy.
Why did the Orodje shift from his strong position as a promoter of Okpe as a distinct ethnic nationality that he brilliantly articulated on September 1, 2007 (See https://okpeunionng.net/tradition-and-governance/) to become an apologist for Urhobo ethnic nationality by permitting his Udogun Okpe–in-Council to propagate a false thesis that “Okpe Kingdom is one of the twenty four (24) Kingdoms of contemporary Federated Urhobo Nationality of Delta Central Senatorial District.” (OPEN LETTER TO HIS EXCELLENCY, SEN. DR. ARTHUR IFEANYI OKOWA, GOVERNOR OF DELTA STATE. RE: RECOGNITION OF OKPE AS A DISTINCT ETHNIC NATIONALITY, VANGUARD, Lagos, Nigeria, July 13, 2021, p.20.)? This was not only a blatant distortion of Okpe History but a regrettable public denial of Okpe Identity. History will Judge if this seismic shift was influenced by the Orodje’s personal interest or by Okpe national interest.
Commenting on an article entitled “IS OKPE STILL URHOBO?” that was posted on the Okpe People’s Forum (WhatsApp) platform on November 28, 2023, two erudite Okpe sons responded in strong defence of Okpe Identity. Barr. Ehensiri Akpederin declared: “When the leadership of a people claim the identity of a neighbouring nation for political correctness, they have wittingly or unwittingly opted to destroy their own identity, language, arts and the self esteem of the people of their nation or ethnicity. May the Okpe Nation be saved from betrayers”. Prof. Kenneth Eni opined in that same platform that: “Well, it’s only a few Okpe people who do not know their roots that will trumpet Okpe as Urhobo. The Urhobo people have not really considered Okpe as Urhobo. This is not coming as a surprise to me. The more Okpe is not included in this type of affair, the better for the identity struggle”.
Concluding Remarks
The purported dissolution of the democratically elected NEC of the Okpe Union, by the Orodje on October 3, 2020, has introduced a divide in Okpe Nation. Note that the Orodje’s purported dissolution took place 42 days before the scheduled AGA/Meeting of the Okpe Union to elect a new NEC. It was a stratagem to enforce the conversion of Okpe Union as one of the Administrative Units of the palace under the Orodje’s control, a process which he had put in place in an organogram of Okpe Kingdom administration in 2019. This became evident in August 2021 when the head of the interim regime he imposed declined to participate in a mediation process on the ground that he would only participate if instructed by the Orodje. It became obvious that the Orodje’s decision of October 3, 2020 was primarily to obliterate any semblance of checks and balances in the Okpe Kingdom. This he hoped to achieve by paralysing the capability of the Okpe Union via its conversion to an administrative unit of the Palace, a plot which will deny Okpe citizens a voice in Okpe Nation. Since 1945 the Okpe Union has been that force for checks and balances in the system. The Orodje’s policy is to gradually concentrate power under his ambit and steer Okpe Nation into an autocratic/dictatorial polity. The current drift towards dictatorship does not augur well for the peaceful growth and development of the Okpe Nation. If the influential Okpe elders that opposed the resuscitation of the Okpe Monarchy were alive to witness this current drift, it is only best to imagine what their thoughts would be.
Unfortunately, very unfortunately, the first Orodje of Okpe, Esezi l abandoned the democratic structure and embraced absolute monarchy, an action which led to his demise and ushered in a period of almost 200 years interregnum of the Okpe monarchy. HRM Orhue l’s action of October 3, 2020 is a sad throw-back to the medieval concept of the “divine rights of kings” which challenges the fundamental thrust of democratic practice in Nigeria and in Okpe Nation. It also ridicules the basis of the democratic election process that the Orodje cultivated during his campaign for the Orodjeship in 2004-2006. This prompted a prominent Okpe Scholar/Journalist to lament in January 2022:
“I worry for Africa and Nigerians. More for the Okpe who are still buried in the womb of medieval mentality”. (An Okpe Scholar/Journalist, January 15, 2022.)
While the Orodje’s action is challenged by a group of pro-democracy Okpe nationals, a pro-absolute monarchy group is propagating the deceased medieval concept of the “divine rights of kings.” This division caused by the Orodje’s intrusion into the administration of the Okpe Union has facilitated an inimical atmosphere injurious to peace, law and order in Okpe Nation. Several Okpe belonging to the pro-democracy group are being harassed and intimidated by some members of the pro-absolute monarchy group whose source of authority is left to conjecture. This is reminiscence of events in the (then) Soviet Union when scores of Soviet citizens, at the minutest of criticism framed in Marxist-Leninist prism, were labelled “dissidents and revisionists”, arrested and incarcerated in the infamous gulag system of imprisonment scattered across the Soviet Union. Interestingly, the pro-absolute monarchy group has categorized the Okpe Union members as “mischievous” and “dissidents” for speaking truth to power while some Ekakuro have threatened several members that the Orodje would cause their arrests if they continued supporting the Okpe Union. Since the Mosogar NAOS Okpe Cultural Day event, we have gathered from various sources close to the Orodje, that the Palace is contemplating to either ban NAOS and/or establish a counter Okpe students association to be controlled by the Palace. It is preposterous that the Palace will conceive of banning NAOS that it did not establish or to consider establishing a counter Okpe students association. It is baffling that this is the Palace’s approach to building a strong Okpe Nation. How much has the Palace contributed to NAOS activities in the past 17 years?
A polity that does not accommodate dissenting views forfeits the rights to be referred to as a democracy. It is within this prism that, for example, citizens assess the performance of their political and traditional leaders, including in Okpe Nation. The dividends of democracy that leaders frequently pronounce imply a basket of essentials that includes good governance, demonstrable accountability, and dialogue with constituents, responsible management of public wealth, respect for contending views, etc. When regime regulators and their praise singers stifle open debate on socio-political issues, they render democratic institutions impotent and cause serious injury to peace and development in the polity. Just as we wrestle with political leadership at all tiers of government on this existential challenge, it is imperative that we do the same with our traditional leadership. Failure to do so is hypocritical and mere sycophancy.
Unfortunately, History is replete with occasions where hypocrites and sycophants gain the attention of political and traditional leaderships in prosecuting citizens that dare to speak truth to power. We witness this appalling phenomenon in both democratic and dictatorial polities. The unjustly prosecuted become respected citizens following the expiration of the previous regimes and the hypocrites and sycophants become vicious critics of the expired regimes which they had hitherto praised to high Heavens. Thus, sycophants and hypocrites are always ready to change their tunes when the regimes they mislead cease to exist. Like Nigeria, the failed giant of Africa, we are witnessing the failure of Okpe to exert itself as a giant in Delta State. Are we to achieve this laudable historical mission by hiding under the identity of another ethnic nationality?
Regarding Okpe Nation, when it is articulated that the “words of the Orodje must be obeyed” and opposing views are characterized as “mischievous” and “dissident,” then it is obvious that we are encouraging autocracy and dictatorship to reign. Democratic tenets are disregarded and mediocrity, in most cases, is enthroned. Fortunately, the nature of the Okpe Monarchy does not historically reflect absolute monarchy, as in the making of the throne of the Orodje; the four Ruling Houses who take turns to produce the occupant of the throne designed a limited office as against that of the Oba of Benin, for example, which is absolute. While we, members of Okpe Union, revere HRM Orhue l, Orodje of Okpe Kingdom, it must be emphasised that this reverence empowers us to also speak truth to him. Our reverence does not mean we should be sycophants and hypocrites.
Finally, it must be noted and for the avoidance of doubt, the Federal High Court, Lagos Division, in its judgment delivered on January 19, 2023, on the Okpe Union Autonomy Suit (Suit No. FHC/L/CS/603/2022) filed by the democratically elected National Executive Council, clearly upheld the autonomy of the Okpe Union as its founding fathers had intended it for the ordinary Okpe man to have a voice in the affairs of the Okpe Nation.
God bless the Okpe Union.
God bless the Okpe Nation.
God bless the Orodje of Okpe Kingdom.
Prof. O. Igho Natufe
LEGAL PRACTITIONERS, ARBITRATORS & NOTARY PUBLIC
GOTTGUNST VILLA
27, Gbiaye Street
3rd Marine Gate, Warri, Nigeria
Tel: 08033136059
E-mails: info@amaetulegal.org
amaetulegal@yahoo.com
ama.etuwewe@amaetulegal.org
www.amaetulegal.org
JANUARY 2, 2023.
THE HONOURABLE ATTORNEY GENERAL AND MINISTER OF JUSTICE
ATTORNEY GENERAL’S CHAMBERS
MINISTRY OF JUSTICE MAITAMA,
ABUJA.
Dear Sir,
RE: PENDING SUIT FILED BY THE ITSEKIRI ETHNIC NATIONALITY; ORDER OF THE FEDERAL HIGH COURT ABUJA, TOGETHER WITH AN APPLICATION TO SET ASIDE THE PURPORTED SCREENING AND CONFIRMATION OF MRS. L
AURETTA ONOCHIE AND CHIEF SAMUEL OGBUKU AS CHAIRMAN AND MANAGING DIRECTOR RESPECTIVELY OF THE NDDC BY THE SENATE OF THE NATIONAL ASSEMBLY CARRIED OUT ON DECEMBER 21, 2022, IN THE FACE OF THE PROCESSES AND ORDER OF COURT IN SUIT NO. FHC/ABJ/CS/2294/2022, IN WHICH YOU ARE A PARTY.
MATTERS ARISING THEREOF:
As you are aware, we act as Solicitors to the ITSEKIRI ETHNIC NATIONALITY ably represented by CHIEF EDWARD EKPOKO, MR. EDWARD OMAGBEMI & ENGINEER VICTOR WOOD, whom we shall hereinafter refer to as our Clients and we write to you on their precise, concise and unequivocal instructions.
iii. A Declaration that the nomination of the 5th Defendant who hails from a non-oil producing area in Delta State as the next Chairman of the Niger-Delta Development Commission is unlawful and contrary to the intent and purpose of the Niger-Delta Development Commission Act.
vii. A declaration that by virtue of the provisions of the Niger-Delta Development Commission Act, 2000 as amended, the Plaintiffs as suitable members of the ltsekiri nationality of Delta State are qualified to be nominated as the next Chairman and Managing Director respectively of the Niger-Delta Development Commission.
viii. Any further order(s) as this Honourable Court may deem fit to make in the circumstances.
10.0. Our Clients on December 12, 2022, filed an ex-parte application seeking the following reliefs from the Federal High Court, Abuja, to wit;
AND/OR
11.0. As is customary, our Clients accompanied the ex-parte application with a motion on notice filed on December 12, 2022, seeking the following reliefs to wit;
AND/OR
12.0 The Federal High Court on December 15, 2022, in refusing reliefs 1 and 2 of our Clients’ ex-parte application filed on December 12, 2022, ordered the parties in the suit not to take any step that will render nugatory our Clients’ pending application for interlocutory injunction filed on December 12, 2022.
13.0 The Court also emphatically ordered that any act or step or action taken in order to render nugatory. the outcome of our Clients’ motion for interlocutory injunction filed on December 12, 2022, and scheduled for hearing on January 11, 2023, shall be a nullity. A copy of the said Order has been duly served on all the parties including your office.
14.0 Despite the fact that all the Defendants, your office inclusive, were served with the originating process, our Clients’ application for interlocutory injunction and the order of the Court restraining all parties from acting otherwise, the leadership of the Senate of the National Assembly proceeded to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission, on December 20, 2022.
15.0 Further displeased by the brazen act of the National Assembly in proceeding defiantly to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission in gross and total disregard to the order of Court restraining all parties from taking any step capable of rendering nugatory our clients’ motion on notice for interlocutory injunction,, our Clients on December 22, 2022, filed an application at the Federal High Court seeking inter alia the following relief;
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on December 15, 2022, restraining the parties from taking any step that may render nugatory the outcome of the Applicants’ pending application for interlocutory injunction.
All the Defendants have been served with the said application.
16.0 Whilst our Clients’ suit and in fact their most recent application to set aside the screening and confirmation of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively of the NDDC by the Senate of the National assembly has not been determined, our Clients are aware and already in the public domain, that the Honourable Minister of the Ministry of Niger Delta Affairs is making plans and has circulated letters to that effect, to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, at the Transcorp Hilton Hotel Abuja, as ·the substantive Chairman and Managing Director respectively of the NDDC. The Minister has hinged his brazen disregard of the order of the court and the due process of law, on the purported approval of the President of the Federal Republic of Nigeria who is the 1st Defendant in the suit under reference.
17.0 As the Chief Law Officer of the Federal Republic of Nigeria and a party in the suit, you are doubtless aware of the position of the law which is to the effect that once there is a pending litigation, all parties to the suit are expected to stay every action that will adversely affect the outcome of the adjudicatory process so as not to render the said process a nullity and foist upon the court a fait accompli. We most humbly refer you to the case of EZEGBU v. F.A.T.B. LTD. (1992) 1 NWLR PART 220 PAGE 699 PARTICULARLY AT PAGE 724, where NIKI TOBI J.C.A. (as he then was) stated thus:
“Where a matter is before a court of law, none of the parties can legally or lawfully take any unilateral decision that will prejudice or tend to prejudice the hearing or adjudication of the matter by the court. Parties who have submitted to the jurisdiction of the court are under a legal duty not to do anything to frustrate or make nonsense a possible court order. They must, whether they like it or not, wait for the court order. They must whether they like it or not wait for the court to take a decision one way or the order. The procedure at arriving at a decision may be slow. It may even be sluggish. But the parties cannot jump the gun and do their own thing their own way. That will be tantamount to undermining the integrity of the court. What I am saying in effect is that a party who has submitted to the jurisdiction of the court is not entitled to resort to self-help. That will be chaos and disability of the social equilibrium if the opposing party reacts.
None of the parties to a litigation process before a court of law is allowed to take the law into his own hands and foist upon the court a fait accompli thereby rendering it impossible for the court to arrive at a decision one way or the other on the merit of the issue before it render any decision it may take nugatory or futile”.
18.0 Furtherance to the reliefs being claimed by our Clients in the suit, there is a pending application filed by our clients seeking an injunction against the Defendants for an order of Court restraining the Defendants from taking steps capable of rendering nugatory the pending application for interlocutory injunction and an application seeking to set aside the confirmation made by the Senate of the National Assembly, which step more to undermining the Judiciary’s role and the Rule of Law, has pre determined the issues presented by our Clients for judicial determination in the substantive suit.
19.0 Having notified your humble self and the other Defendants of the pendency of an application for injunction, we wish to draw your attention to the following judicial authorities on the duty of a party or parties where there is a pending application for injunction. In the case of ELF MARKETING (NIG.) v. J.L. OYENEYIN 8: SONS (1995) 7 NWLR PART 407, PAGE 371 AT 380 PARAGRAPHS A-8, the Court held thus:
“Once the court is seized of a matter, no party has a right to take the matter into his own hands. Thus, after a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, that party acts at his peril and is subject to the power of the court to restore the status wholly irrespective of the merit as may be ultimately decided…”
20.0 Furthermore, in the case of OKEKE-OBA v. OKOYE (1994) 8 NWLR. PART 364, PAGE 605 AT 617-618 PARAGRAPHS H-A, the Court stated as follows:
“The general practice is that an application for an order of interlocutory injunction, all activities affecting the res, here the land in dispute, are automatically terminated as a mark of respect to the court before whom the application is pending. Such practice is encouraged by counsel in good chambers consistent with the ethics of the profession”.
21.0 THE LEGAL IMPLICATIONS OF SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO 8: 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 8: 5 ORS.
22.0 We wish to state without any iota of doubt that in the light of the development set out herein, no step whatsoever should be taken by the Federal Government to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as same will not only jeopardize the outcome of the litigation process but concomitantly operate to completely erase the confidence reposed in the Judiciary by the common man and a clog in the wheel of the administration of justice.
23.0 We have cause to believe, as documentary evidence clearly suggests, that the Federal Government through the Minister of the Ministry of Niger Delta Affairs, is making frantic and brazen efforts to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission despite the pendency of the suit as well as several applications, and order made by the Court, with the sole aim of stealing a match, stultifying the ·court process and bringing the Rule of Law to ridicule.
24.0 CONCLUSION:
Our Clients have done all that is required of them by submitting for judicial consideration and determination their grievances against the Executive and Legislative Arms of Government, it behooves these Arms of Government to resist the urge to defy the Judiciary and indeed the judicial process by refraining from conducts which will render nugatory issues presented by our Clients to the Court.
25.0 The attendant implications on the faith and belief of the common man are dire and would almost be dampened if the Executive and the Legislative Arms of Government continue to bond towards shattering the fabric and fibre of the judicial process upon which true democracy is enshrined; which the Judiciary seeks to mend and this certainly does not bode well for the Rule of Law if a precedent of Executive and Legislative disregard to court orders, is so easily displayed with impunity, just before the forthcoming general elections.
26.0 Having fought to ensure that there is peace and stability in the Country, it would be manifestly antithetical to the goals of this Administration of which you are a key player, if solely for a refusal to await and comply with the judicial process, all the Executive has worked for in the past seven (7) years, translates to naught.
27.0 We are of the firm belief, taking into cognizance the judicial authorities referred to above, that as the Chief Law Officer of the Federal Republic of Nigeria, and a strong proponent of the Rule of Law, you will not in any way advise the President and indeed the Minister of the Ministry of Niger Delta Affairs, to proceed with the inauguration of Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, as the Chairman and Managing Director respectively of the NDDC and or concretize their positions, pending the outcome of the adjudicatory process already initiated by our Clients.
28.0 Trusting you will advise the relevant parties on the need to allow the judicial process take its course and refrain from taking steps which will ridicule the Rule of Law and further weaken our nascent democratic structure.
We remain,
Very truly yours,
PP: AMA ETUWEWE (SAN) & CO.
AMA ETUWEWE, SAN.
CC: THE HONOURABLE MINISTER
MINISTRY OF NIGER DELTA AFFAIRS
ABUJA.
AMA ETUWEWE (SAN) & CO.
LEGAL PRACTITIONERS, ARBITRATORS & NOTARY PUBLIC
GOTTGUNST VILLA
27, Gbiaye Street
3rd Marine Gate, Warri, Nigeria
Tel: 08033136059
E-mails: info@amaetulegal.org
amaetulegal@yahoo.com
ama.etuwewe@amaetulegal.org
www.amaetulegal.org
JANUARY 2, 2023.
THE HONOURABLE ATTORNEY GENERAL AND MINISTER OF JUSTICE
ATTORNEY GENERAL’S CHAMBERS
MINISTRY OF JUSTICE MAITAMA,
ABUJA.
Dear Sir,
RE: PENDING SUIT FILED BY THE ITSEKIRI ETHNIC NATIONALITY; ORDER OF THE FEDERAL HIGH COURT ABUJA, TOGETHER WITH AN APPLICATION TO SET ASIDE THE PURPORTED SCREENING AND CONFIRMATION OF MRS. LAURETTA ONOCHIE AND CHIEF SAMUEL OGBUKU AS CHAIRMAN AND MANAGING DIRECTOR RESPECTIVELY OF THE NDDC BY THE SENATE OF THE NATIONAL ASSEMBLY CARRIED OUT ON DECEMBER 21, 2022, IN THE FACE OF THE PROCESSES AND ORDER OF COURT IN SUIT NO. FHC/ABJ/CS/2294/2022, IN WHICH YOU ARE A PARTY.
MATTERS ARISING THEREOF:
As you are aware, we act as Solicitors to the ITSEKIRI ETHNIC NATIONALITY ably represented by CHIEF EDWARD EKPOKO, MR. EDWARD OMAGBEMI & ENGINEER VICTOR WOOD, whom we shall hereinafter refer to as our Clients and we write to you on their precise, concise and unequivocal instructions.
iii. A Declaration that the nomination of the 5th Defendant who hails from a non-oil producing area in Delta State as the next Chairman of the Niger-Delta Development Commission is unlawful and contrary to the intent and purpose of the Niger-Delta Development Commission Act.
vii. A declaration that by virtue of the provisions of the Niger-Delta Development Commission Act, 2000 as amended, the Plaintiffs as suitable members of the ltsekiri nationality of Delta State are qualified to be nominated as the next Chairman and Managing Director respectively of the Niger-Delta Development Commission.
viii. Any further order(s) as this Honourable Court may deem fit to make in the circumstances.
10.0. Our Clients on December 12, 2022, filed an ex-parte application seeking the following reliefs from the Federal High Court, Abuja, to wit;
AND/OR
11.0. As is customary, our Clients accompanied the ex-parte application with a motion on notice filed on December 12, 2022, seeking the following reliefs to wit;
AND/OR
12.0 The Federal High Court on December 15, 2022, in refusing reliefs 1 and 2 of our Clients’ ex-parte application filed on December 12, 2022, ordered the parties in the suit not to take any step that will render nugatory our Clients’ pending application for interlocutory injunction filed on December 12, 2022.
13.0 The Court also emphatically ordered that any act or step or action taken in order to render nugatory. the outcome of our Clients’ motion for interlocutory injunction filed on December 12, 2022, and scheduled for hearing on January 11, 2023, shall be a nullity. A copy of the said Order has been duly served on all the parties including your office.
14.0 Despite the fact that all the Defendants, your office inclusive, were served with the originating process, our Clients’ application for interlocutory injunction and the order of the Court restraining all parties from acting otherwise, the leadership of the Senate of the National Assembly proceeded to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission, on December 20, 2022.
15.0 Further displeased by the brazen act of the National Assembly in proceeding defiantly to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission in gross and total disregard to the order of Court restraining all parties from taking any step capable of rendering nugatory our clients’ motion on notice for interlocutory injunction,, our Clients on December 22, 2022, filed an application at the Federal High Court seeking inter alia the following relief;
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on December 15, 2022, restraining the parties from taking any step that may render nugatory the outcome of the Applicants’ pending application for interlocutory injunction.
All the Defendants have been served with the said application.
16.0 Whilst our Clients’ suit and in fact their most recent application to set aside the screening and confirmation of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively of the NDDC by the Senate of the National assembly has not been determined, our Clients are aware and already in the public domain, that the Honourable Minister of the Ministry of Niger Delta Affairs is making plans and has circulated letters to that effect, to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, at the Transcorp Hilton Hotel Abuja, as ·the substantive Chairman and Managing Director respectively of the NDDC. The Minister has hinged his brazen disregard of the order of the court and the due process of law, on the purported approval of the President of the Federal Republic of Nigeria who is the 1st Defendant in the suit under reference.
17.0 As the Chief Law Officer of the Federal Republic of Nigeria and a party in the suit, you are doubtless aware of the position of the law which is to the effect that once there is a pending litigation, all parties to the suit are expected to stay every action that will adversely affect the outcome of the adjudicatory process so as not to render the said process a nullity and foist upon the court a fait accompli. We most humbly refer you to the case of EZEGBU v. F.A.T.B. LTD. (1992) 1 NWLR PART 220 PAGE 699 PARTICULARLY AT PAGE 724, where NIKI TOBI J.C.A. (as he then was) stated thus:
“Where a matter is before a court of law, none of the parties can legally or lawfully take any unilateral decision that will prejudice or tend to prejudice the hearing or adjudication of the matter by the court. Parties who have submitted to the jurisdiction of the court are under a legal duty not to do anything to frustrate or make nonsense a possible court order. They must, whether they like it or not, wait for the court order. They must whether they like it or not wait for the court to take a decision one way or the order. The procedure at arriving at a decision may be slow. It may even be sluggish. But the parties cannot jump the gun and do their own thing their own way. That will be tantamount to undermining the integrity of the court. What I am saying in effect is that a party who has submitted to the jurisdiction of the court is not entitled to resort to self-help. That will be chaos and disability of the social equilibrium if the opposing party reacts.
None of the parties to a litigation process before a court of law is allowed to take the law into his own hands and foist upon the court a fait accompli thereby rendering it impossible for the court to arrive at a decision one way or the other on the merit of the issue before it render any decision it may take nugatory or futile”.
18.0 Furtherance to the reliefs being claimed by our Clients in the suit, there is a pending application filed by our clients seeking an injunction against the Defendants for an order of Court restraining the Defendants from taking steps capable of rendering nugatory the pending application for interlocutory injunction and an application seeking to set aside the confirmation made by the Senate of the National Assembly, which step more to undermining the Judiciary’s role and the Rule of Law, has pre determined the issues presented by our Clients for judicial determination in the substantive suit.
19.0 Having notified your humble self and the other Defendants of the pendency of an application for injunction, we wish to draw your attention to the following judicial authorities on the duty of a party or parties where there is a pending application for injunction. In the case of ELF MARKETING (NIG.) v. J.L. OYENEYIN 8: SONS (1995) 7 NWLR PART 407, PAGE 371 AT 380 PARAGRAPHS A-8, the Court held thus:
“Once the court is seized of a matter, no party has a right to take the matter into his own hands. Thus, after a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, that party acts at his peril and is subject to the power of the court to restore the status wholly irrespective of the merit as may be ultimately decided…”
20.0 Furthermore, in the case of OKEKE-OBA v. OKOYE (1994) 8 NWLR. PART 364, PAGE 605 AT 617-618 PARAGRAPHS H-A, the Court stated as follows:
“The general practice is that an application for an order of interlocutory injunction, all activities affecting the res, here the land in dispute, are automatically terminated as a mark of respect to the court before whom the application is pending. Such practice is encouraged by counsel in good chambers consistent with the ethics of the profession”.
21.0 THE LEGAL IMPLICATIONS OF SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO 8: 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 8: 5 ORS.
22.0 We wish to state without any iota of doubt that in the light of the development set out herein, no step whatsoever should be taken by the Federal Government to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as same will not only jeopardize the outcome of the litigation process but concomitantly operate to completely erase the confidence reposed in the Judiciary by the common man and a clog in the wheel of the administration of justice.
23.0 We have cause to believe, as documentary evidence clearly suggests, that the Federal Government through the Minister of the Ministry of Niger Delta Affairs, is making frantic and brazen efforts to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission despite the pendency of the suit as well as several applications, and order made by the Court, with the sole aim of stealing a match, stultifying the ·court process and bringing the Rule of Law to ridicule.
24.0 CONCLUSION:
Our Clients have done all that is required of them by submitting for judicial consideration and determination their grievances against the Executive and Legislative Arms of Government, it behooves these Arms of Government to resist the urge to defy the Judiciary and indeed the judicial process by refraining from conducts which will render nugatory issues presented by our Clients to the Court.
25.0 The attendant implications on the faith and belief of the common man are dire and would almost be dampened if the Executive and the Legislative Arms of Government continue to bond towards shattering the fabric and fibre of the judicial process upon which true democracy is enshrined; which the Judiciary seeks to mend and this certainly does not bode well for the Rule of Law if a precedent of Executive and Legislative disregard to court orders, is so easily displayed with impunity, just before the forthcoming general elections.
26.0 Having fought to ensure that there is peace and stability in the Country, it would be manifestly antithetical to the goals of this Administration of which you are a key player, if solely for a refusal to await and comply with the judicial process, all the Executive has worked for in the past seven (7) years, translates to naught.
27.0 We are of the firm belief, taking into cognizance the judicial authorities referred to above, that as the Chief Law Officer of the Federal Republic of Nigeria, and a strong proponent of the Rule of Law, you will not in any way advise the President and indeed the Minister of the Ministry of Niger Delta Affairs, to proceed with the inauguration of Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, as the Chairman and Managing Director respectively of the NDDC and or concretize their positions, pending the outcome of the adjudicatory process already initiated by our Clients.
28.0 Trusting you will advise the relevant parties on the need to allow the judicial process take its course and refrain from taking steps which will ridicule the Rule of Law and further weaken our nascent democratic structure.
We remain,
Very truly yours,
PP: AMA ETUWEWE (SAN) & CO.
AMA ETUWEWE, SAN.
CC: THE HONOURABLE MINISTER
MINISTRY OF NIGER DELTA AFFAIRS
ABUJA.
Zipowei, Crown Troupe of Africa and Blackedge Productions will perform in Lagos.
Gifted Steppers, JP Artistic Troupe and selected up-coming solo artistes will also perform at this year’s National Theatre Festival of Unity
Zipowei, a graduate of the University of Ibadan and currently participating in the National Youth Service Corps (NYSC), made her debut in the music scene with the official release of her first single, “Free Falling,” in October 2022″ a statement issued Friday morning by the Director of Communications, MediaGate Nigeria, Mr. Victor Oki said.
The 2022 National Theatre Festival of Unity with the theme Celebrations is designed to consolidate upon the gains of the first two editions.
The theme was carefully chosen to give Nigerians an opportunity to take stock of God’s abundant blessings in their lives.
The edition which runs from 16-18th December 2022 falls within the last four months of the tenure of the President Muhammadu Buhari led democratic government.
‘’It is therefore only fitting to leverage this festival to take stock of the achievements of President Muhammadu Buhari despite daunting challenges foist on Nigeria by escalating global economic recession and daunting security challenges’’.
The festival shall commence on Friday 16th December 2022 with a new addition to the activities- a virtual roundtable on play creation anchored by the Nigerian Centre of International Theatre Institute (ITI-UNESCO).
The innovative roundtable shall feature two leading Nigerian playwrights and former Chief Executive Officers of the National Theatre of Nigeria, Professors Femi Osofisan (2004-2007) and Ahmed Parker Yerima (2007-2014) as mentors and lead speakers.
The panellists shall include the three National Theatre Play Reading Series-award winning playwrights.
The National Theatre Festival of Unity was introduced in 2020 as an annual event by Professor Sunday Enessi Ododo, (fsonta, fta, fnipr,fsna, fana, FNAL), the General Manager/CEO of the National Theatre.
The maiden edition which featured music, dance, and stand-up comedy held at the National Theatre complex, Iganmu-Lagos from 10-13th December 2020.
The festival was conceived to celebrate life, build bridges of unity, promote peace and harmony as well as rekindle hope in humanity following the disruption by the Coronavirus pandemic which rocked the globe.
Accordingly, the maiden edition had the theme: Healing Nigeria. In Nigeria, besides the pandemic, there was also the unprecedented youth protest that engulfed the nation shortly thereafter.
The maiden edition offered Nigerians and residents alike fresh opportunity to engage and enjoy live performances which were temporarily suspended because of the pandemic.
Continuing in its tradition of preaching hope and perseverance amongst Nigerians, the National Theatre hosted the second edition of the festival from December 10th- 12th, 2021 under the theme Enduring Optimism.
The 3-day event which also held at the National Theatre, Iganmu- Lagos featured more events than the maiden edition. The new events include carnival procession, film show, visual arts exhibition and awards ceremony. These were in addition to the usual live-theatre performances, music, stand-up comedy and dance.
The festival aimed to encourage advancement of the performing arts throughout the country, create opportunities for up- coming Performing Artistes and aid the promotion of social development and improvement of quality of life.
Born in Lagos, Nigeria, Zi always knew she wanted to be involved in the music scene. From primary school choirs to secondary school mini sessions in her classrooms during free periods, she always seized the opportunity to belt out a few tunes.
On some occasions, this involved approaching random classmates in hallways and singing to them.
Writing songs since age 13 has helped Zi develop her formula as she delivers lyrics laced with vulnerability and soul in expressions of love, hope, healing, and fun
PRESS RELEASE
SANWO-OLU INAUGURATES STATE TECHNICAL, MONITORING COMMITTEES ON ENGINEERING REGULATIONS MONITORING
Lagos State Governor, Mr. Babajide Sanwo-Olu on Thursday inaugurated the State Technical Committee (STC) and State Expatriate Monitoring Committee (SEMC) on Engineering Regulations Monitoring (ERM).
Governor Sanwo-Olu while inaugurating the committees at Lagos House, Ikeja, urged them to ensure that all infrastructure in the State meet the global standards of engineering practice.
The Governor warned that nothing short of the best standards will be tolerated and therefore urged the Committees to come up with stringent regulations that will guide the ethics and practices of the profession, as well as adherence to project specifications.
He said: “We have, with all sense of responsibility, given priority to the development of infrastructure. My tour of the State will demonstrate the attention of our administration to massive construction of roads, bridges, housing, water infrastructure, among others.
“The inauguration of the Lagos State Technical Committee of the Engineering Regulations Monitoring of COREN is the birth of a new dawn in what I consider COREN’s effort to revolutionalise the practice of engineering in Nigeria in general and Lagos State in particular.
“With this inauguration, the era of mediocrity should be gone. Engineering must take its pride of place and be the driver in our development effort in the State.
“Let me reiterate that in carrying out engineering projects in Lagos State, there will be no tolerance for quackery. In the same token, no Engineer will be allowed to supervise any project except he/she is duly registered by COREN and possesses current practising license. Possession of current Practising License shall be a condition for prequalification by Licence by all companies assigned to carry out engineering projects in the State.”
Governor Sanwo-Olu who congratulated members of the Lagos State Technical Committee and Lagos State Expatriate Monitoring Committee, for being found deserving of the selection, urged them to justify the confidence reposed in them and perform the assignment with maximum commitment and credibility.
He said “In selecting, the members of the Lagos State Technical Committee and Lagos State Expatriate Monitoring Committee, extreme care and diligence were applied. It is also ensured that these nominees are from very reputable organisations.”
Speaking earlier, the President of Council for the Regulation of Engineering in Nigeria (COREN) Engr. Ali Rabiu FNSE, commended Governor Sanwo-Olu for being strategic and deliberately enhancing available human and material resources to serve the people of Lagos State.
He said Governor Sanwo-Olu led administration is being applauded for many projects in the State, which are transformational projects meant to improve the qualities of life in Lagos State
“You are transforming the state into an industrial and economic wonderland of the continent. This is particularly true in Mr. Governor’s efforts in the construction of over 308 roads and the delivery of the red and blue rail project, which he promised to be operational by the first quarter of 2023,” he said.
The Committees are to be guided by the responsibilities of locating document organisations and practitioners and report to the Registrar; verify and monitor the professional competence of works approving Officers; act as COREN watchdogs on maintenance, upholding Engineering codes of practice in public works, prohibit default, and ensure that all such works are in accordance with Engineering design and specification by Registered Engineers; among others.
SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
15 DECEMBER 2022
Royal families in Okere-Urhobo have condemned the role of Chief Louis Okumagba in the 30 plots released by the Delta State government to the Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo kingdom of Delta State.
They described it as a negative development and a minus for peace and development in Delta State.
In a letter titled: ‘’Attempt / efforts to cause communal war, fanning the embers of communal dispute, conduct likely to cause breach of peace and criminal defamation of characters of our clients; Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo kingdom of Delta State, all committed by Mr. Louis Okumagba – a call to investigate the allegation herein, the families urged the Inspector General of Police to use his good office to investigate allegations against Louis Okumagba, so as to prevent a monumental communal war/crisis between Itsekiri and the Urhobo of Okere Urhobo Kingdom.
’’God forbid a repetition of what happened in 1997/98 in Okere-Urhobo Kingdom’’
Counsel to the Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo Kingdom, L O. Egboyi & CO said in the 1974/76, the then government of Mid-Western Nigeria acquired a part or portion of our client’s land for public purpose.
‘’In 2017, the Delta State government gave part of this acquired land to Messrs. Seriviri Nig. Ltd. for the purpose of partnership (Leisure Park) with the state government, covered by a certificate of Occupancy. Considering the size of the land given to Seriviri Nig. Ltd, for the partnership, it could not utilize the entire land. So, it entered into agreement with our client family, wherein, it released 30 plots thereof back to the family – our clients’’
The Olodi, Oki and Ighogbadu families of Warri are made up of the popular Okumagba family of Warri, Okere- Urhobo kingdom.
‘’Our clients are the owners of all the land in the entire Okere-Urhobo kingdom Warri. Certain Mr. Louis Okumagba who is the black sheep of the family started to foment trouble, disturbing and threatening Seriviri Nig. Ltd, with thugs and dangerous weapons which led to his arrest in 2019 to the Police Force Headquarters’, Abuja. After being granted bail by the police, the suspect (Mr. Louis Okumagba) rushed to file a fundamental Human Rights action against the Police, at the Delta State High Court, sitting in Warri. The action stalled the prosecution of the suspect (Mr. Louis) by the Police’’.
The families said the suit of the suspect against the Police was dismissed by the Delta State High Court, sitting in Warri, with a specific order of the Court directing the police to arrest and prosecute the suspect (Mr Louis Okumagba).
‘’While the Police were looking for the suspect for arrest and prosecution as directed by the Court, the same suspect went to social media (Opera news) to declare that “there will be looming danger of war/crisis between the Itsekiri and Urhobos”, thereby inciting, promoting and instigating communal war between the two peaceful co-existing communities of Itsekiri and Urhobo’’.
This incitement, according to the families, created several apprehensions in the minds of locals, which has affected the hitherto peace that reigned and pervaded the two communities.
‘’Furthermore, the suspect posted on the same social media that some named members of our clients namely, Chief Gideon Okumagba, Stanley Oki, Chief Victor Okumagba, Engr. Prince Ojuvwu Okumagba and others, sent assassins to his house to kill him, but he escaped by the whiskers. He confirmed that he had a one-on-one confrontation with the assassins, who confirmed the named members of our clients above, as the people who commissioned them to eliminate him’’.
The legal practitioners described Olodi, Oki and Ighogbadu as bunch of responsible families
‘’Olodi, Oki and Ighogbadu families are known throughout Nigeria for their peaceful disposition. The named individuals are distinguished and respected members of the Okumagba family and the Nigeria Society. Our clients therefore take the allegation of hiring assassins by its members very seriously, especially in this era of Security challenges in the country’’.
The families also deplored the actions of Louis Okumagba and urged the Inspector General of Police to use his good offices to investigate the allegations and anyone found culpable to be brought to book.
‘’So, if investigation reveal the named individuals as assassins or connected to the attempt assassination of the suspect, as he alleged, they should be so indicted and prosecuted. But otherwise, the law on criminal defamation as enshrined in the Criminal Code and status in Nigeria are still very potent and alive. We assure you of our client’s co-operation with your men in the investigation of this petition’’.
……………………………………………………
Legal Practitioner, Corporate & Property Consultants
No 9, Effurun / Sapele Road
Opposite High Court Junction,
Effurun .
TEL: 08035759764
Email: luckyegbuyi@ gmail.com
Our Ref: LOE/IGP/COM/BREA/OKUMAGBA/1/22 Your Ref……………
THE INSPECTOR GENERAL OF POLICE,
NIGERIAN POLICE FORCE
EDET LEWIS HOUSE
ABUJA.
Sir.
RE: ATTEMPT / EFFORTS TO CAUSE COMMUNAL WAR , FANNING THE EMBERS OF COMMUNAL DISPUTE, CONDUCT LIKELY TO CAUSE BREACH OF PEACE AND CRIMINAL DEFAMATION OF CHARACTERS OF OUR CLIENT ; OLODI, OKI AND IGHOGBADU FAMILIES OF WARRI IN THE OKERE – URHOBO KINGDOM OF DELTA STATE, ALL COMMITTED BY MR. LOUIS OKUMAGBA – A CALL TO INVESTIGATE THE ALLEGATION HEREIN
We are counsel to the Olodi, Oki and Ighogbadu families of Warri in the Okere – Urhobo Kingdom, herein called our Clients.
The Olodi , Oki and Ighogbadu families of Warri, make up the popular Okumagba family of Warri , Okere- Urhobo kingdom.
Our clients are the owners of all the land in the entire Okere-Urhobo kingdom Warri.
In 1974/76, the then government of Mid-Western Nigeria acquired a part or portion of our Client’s land for public purpose.
In 2017, the Delta State government gave part of this acquired land to Messrs. Seriviri Nig. Ltd. for the purpose of partnership (Leisure Park) with the state government, covered by a certificate of Occupancy. Considering the size of the land given to Seriviri Nig. Ltd, for the partnership, it could not utilize the entire land. So it entered into agreement with our Clients family, wherein, it released 30 plots thereof back to the family – our clients
Certain Mr. Louis Okumagba who is the black sheep of the family started to foment trouble, disturbing and threatening Seriviri Nig. Ltd, with thuggery and dangerous weapons which led to his arrest in 2019 to the Police Force Head Quarters, Abuja. After being granted bail by the police, the suspect (Mr. Louis Okumagba) rushed to file a fundamental Human Right action against the Police, at the Delta State High Court, sitting in Warri. That action stalled the prosecution of the suspect (Mr. Louis) by the Police.
We wish to inform you that suit, of the suspect against the Police, has been dismissed by the Delta State High Court, Sitting in Warri, with a specific order of the Court directing the police to arrest and prosecute the suspect (Mr Louis Okumagba). A copy of the enrolled order is herein annexed as annexure as Annexure A.
While the Police were looking for the suspect for arrest and prosecution as directed by the Court, the same suspect went to social media (Opera news) to declare that “there will be looming danger of war/crisis between the Itsekiri and Urhobos”, thereby inciting, promoting and instigating communal war between the two peaceful co-existing communities of Itsekiri and Urhobo.
This incitement has created several apprehension in the minds of locals, which apprehension has affected the hitherto peace that reigned and pervaded the two communities.
Furthermore, the suspect posted on the same social media that some named members of our Clients namely; Chief Gideon Okumagba, Stanley Oki, Chief Victor Okumagba, Engr. Prince Ojuvwu Okumagba and others, sent assassins to his house to kill him, but that he escaped by the whiskers. He confirmed that he had one on one confrontation with the assassins, who confirmed the named members of our Clients above, as the people who commissioned them to eliminate him.
Our Clients are bunch of responsible families known throughout Nigeria for their peaceful disposition. The named individuals are distinguished and respected members of the Okumagba family and the Nigeria Society.
Our Client therefore takes the allegation of hiring of assassins by its members very serious, especially in this era of Security challenges in the country.
It is against the background of the foregoing that we have the instruction of our Clients to petition you to use your good office to investigate these allegations against the suspect, so as to prevent a monumental communal war/crisis between Itsekiris and the Urhobos of Okere Urhobo Kingdom. God forbid a repetition of what happened in 1997/98 in Okere-Urhobo Kingdom.
So, if investigation reveal the named individuals as assassins or connected to the attempt assassination of the suspect, as he alleged, they should be so indicted and prosecuted. But otherwise, the law on criminal defamation as enshrined in the Criminal Code and status in Nigeria are still very potent and alive.
We therefore urge you to use your good offices to investigate these allegations of our Client and cause anyone found culpable to be brought to book.
We assure you of our clients co-operation with your men in the investigation of this petition.
Yours faithfully
L.O. EGBOYI ESQ
CC;
The Head:
Olodi, Oki and Ighogbudu families,
Of Okere-Urhobo Kingdom, Warri
Alhaji Nureni Oluwatoyin Animashaun is dead.
The top Lagos leader died on Tuesday, July 19, 2022 in Surulere.
He was 76.
A totally detribalized Nigerian, Animashaun was known for being outspoken and for not shying away from the truth.
Tributes from relatives, friends and neighbours have described him as a straightforward and a deeply committed family man.
“Alhaji Animashaun was a pillar of his family. His passing is a great loss to the family, Lagos Island and Alaka-Iponri Community.
Animashaun was buried according to Muslim rites on Wednesday, July 20, 22 at Ikoyi Cemetery, behind Radio Nigeria.
The 8 days Fidau Prayer will hold on Wednesday, July 27, 2022 at Block 135, Iponri Housing Estate, Alaka
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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to probe allegations that over N11 trillion meant to provide regular electricity supply since 1999 may have been stolen, mismanaged or diverted into private pockets.”
Nigerian cities have repeatedly been plunged into darkness as the electricity grid has reportedly collapsed at least three times in 5 months, and 130 times in 7 years. According to the World Bank, epileptic power supply costs businesses in Nigeria about $29 billion yearly.
In the suit number FHC/L/CS/1119/2022 filed last week at the Federal High Court, Lagos, SERAP is seeking “an order of mandamus to direct and compel President Buhari to investigate how over N11 trillion meant to provide regular electricity supply has been allegedly squandered by governments since 1999.”
SERAP is also seeking “an order of mandamus to compel President Buhari to ensure the prosecution of anyone suspected to be responsible for the missing electricity fund, as appropriate, and to ensure the tracing and full recovery of any missing public funds.”
SERAP is arguing that, “It is in the public interest to ensure justice and accountability for alleged corruption and mismanagement in the electricity sector, which has resulted in the failure of governments to solve Nigeria’s perennial power problem.”
According to SERAP, “The staggering amounts of public funds alleged to have been stolen over the years in the sector have had catastrophic effects on the lives of millions of Nigerians, akin to crimes against humanity against the Nigerian people.”
SERAP is arguing that, “The failure to trace, find and recover the missing electricity fund is antithetical to the public interest, the requirements of the Nigerian Constitution 1999 [as amended], and the country’s international obligations.”
SERAP is also arguing that, “Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.”
SERAP is also arguing that, “Investigating the allegations of missing N11 trillion electricity funds, prosecuting suspected perpetrators and recovering any missing public funds would end a culture of impunity. It would also address persistent collapse of the electricity grid, and improve access to and affordability of electricity in the country.”
SERAP is also arguing that, “Corruption in the electricity sector and the lack of transparency and accountability in the use of public funds to support the operations of DISCOS have resulted in regular blackouts, electricity grid collapse, and unlawful hike in electricity tariffs.”
SERAP is also seeking “an order of mandamus to direct and compel President Buhari to refer to the International Criminal Court all unimplemented reports of corruption in the electricity sector gathering dust on the shelves, and to arrest and surrender those named in the reports to the court for prosecution.”
Joined in the suit as Respondent is Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice.
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. These commitments ought to be fully upheld and respected.”
“Corruption in the electricity sector has also continued to disproportionately affect the most disadvantaged and vulnerable sectors of the population who cannot readily afford expensive generators in order to have a reliable power supply.”
“The failure of successive governments and high-ranking government officials to prevent corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the persistent crisis in the electricity sector, including the exploitation of electricity consumers, and collapse of the electricity grid.”
“The African Commission on Human and Peoples’ Rights has adjudged the failure of the States to provide basic services such as electricity as violating the right to health.”
“Citizens are frustrated at persistent allegations of corruption in the sector, and the impacts on their human rights. Prosecuting perpetrators would address the grave travesty that has for many years occurred in the power sector.”
“Impunity for corruption in the electricity sector has for many years forced ordinary Nigerians to stay in darkness, but still made to pay crazy electricity bills.”
“Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”
“Impunity for corruption in the electricity sector will continue as long as high-ranking public officials go largely unpunished for their alleged crimes.”
“The Buhari administration has legal obligations under Section 15(5) of the Nigerian Constitution to abolish all corrupt practices and abuse of power, and article 26 of the UN Convention against Corruption to ensure effective prosecution of allegations of corruption.”
“Alleged corruption and mismanagement in the electricity sector and the repeated collapse of the electricity grid have continued to deprive Nigerians of economic opportunities, subjecting them to cruel and degrading treatment.”
“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“The failure by successive governments to tell Nigerians the truth about allegations of corruption in the power sector amounts to a failure to ensure that electricity services are progressively made available, on the basis of equality and non-discrimination.”
“The details of the missing N11 trillion electricity funds are contained in a SERAP report titled: From Darkness to Darkness: How Nigerians are paying the Price for Corruption in the Electricity Sector.”
“According to the report, the total estimated financial loss to Nigeria from corruption in the electricity sector starting from the return to democracy in 1999 to date is over N11 trillion. This represents public funds, private equity and social investment (or divestments) in the power sector.”
“It is estimated that the loss may reach over N20 trillion in the next decade given the rate of Government investment and funding in the power sector amidst dwindling fortune and recurrent revenue shortfalls.”
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
26/6/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202