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.
- 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.
- INTRODUCTION:
- Our Clients are members of the Itsekiri Leaders of Thoughts and Natives of the Itsekiri Ethnic Nationality of Delta State, Nigeria.
- It is our Clients’ grouse that since the inception of the Niger Delta Development Commission (NDDC) in 2001, the Itsekiri Ethnic Nationality having over 21 oil-producing communities and producing about 58% of the crude oil in Delta State and 17% of the Country’s crude oil production, which is doubtless a major contributor to the Crude Oil and Gas Resources in Nigeria, which by virtue thereof, the Itsekiri communities suffered and continues to suffer the attendant environmental degradation, loss of livelihood as well as destruction of their farmlands and water resources, have their woes compounded by the marginalization suffered in the hands of the Federal Government of Nigeria that has repeatedly failed to consider any Itsekiri nationals competent to occupy the positions of Chairman and Managing Director respectively of the NDDC despite having previously afforded other ethnic nationalities in the Niger Delta States the opportunity to fill such positions.
- Upon the dissolution of the NDDC Board in 2019 by the Federal Government of Nigeria, the NDDC has been run by various interim administrators with acting Managing Directors who hail from other oil and gas producing communities and states to the exclusion and continued marginalization of the Itsekiri Ethnic Nationality of Delta State of Nigeria.
- Whilst the pains of marginalization of the Itsekiri Ethnic Nationality remained unaddressed, the President of the Federal Republic of Nigeria on November 22, 2022, or thereabout, forwarded to the Senate of the National Assembly the names of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively, amongst other nominees of the Niger Delta Development Commission’s new board, for confirmation.
- This development did not meet the Itsekiri Ethnic Nationality well as Mrs. Lauretta Onochie whose name was forwarded by the President of the Federal Republic of Nigeria, a Deltan no doubt, hails from Onicha-Olona Community in Aniocha North Local Government Area of Delta State, a NONOIL AND GAS PRODUCING area of Delta State, and whereas, Chief Samuel Ogbuku whose name was forwarded as the Managing Director of the NDDC Board hails from Bayelsa State, is contrary to an established rotation arrangement in accordance with the NDDC Act. By the said rotation, it is the turn of Delta State by extension the ltsekiri Ethnic Nationality, to produce the next Managing Director of the NDDC.
- THE SUIT
- Displeased by the unlawful actions of both the Executive and the Senate of the National Assembly to nominate, screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission, our Clients filed SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO & 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA & 5 ORS., at the Federal High Court, Abuja, on December 12, 2022.
- Our Clients in the said suit, in which the President of the Federal Republic of Nigeria and your humble self are the 1st and 2nd Defendants respectively, are seeking the following reliefs:
- A declaration that by virtue of Section 4 and other enabling sections of Niger Delta development Commission (Establishment, Etc.) (Amendment) Act, and the 1999 Constitution of the Federal Republic of Nigeria (as amended), it is the turn of Delta State to produce the next Chairman of the Niger-Delta Development Commission.
- A declaration that by virtue of Section 12(1) and other sections of Niger Delta development Commission (Establishment, Etc.) (Amendment) Act, and the 1999 Constitution of the Federal Republic of Nigeria (as amended), it is the turn of Delta State to produce the next Managing Director of the Niger-Delta Development Commission.
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.
- A declaration that the nomination of the 6th Defendant as the next managing Director of the Niger-Delta Development Commission is unlawful for being contrary to the intent and purpose of the Niger Delta Development Commission Act.
- An order quashing the nomination of the 5th and 6th Defendants as the next Chairman and Managing Director respectively to the board of the Niger Delta Development Commission, by the 1st Defendant, as the said nomination is contrary to the spirit and intendment of the Niger Delta Development Commission Act 2000 as amended.
- AN ORDER restraining the 3rd and 4th Defendants from screening and confirming the 5th and 6th Defendants for the positions of the next Chairman and Managing Directors respectively of the Niger Delta Development Commission as their nomination by the 1st Defendant is contrary to the spirit and intendment 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;
- a)An order of interim injunction restraining the 3rd and 4th Defendants from screening and confirming or taking any further steps to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), ,Pending the expiration of the statutory (three) Months Pre-action Notice already issued on the 3rd and 4th Defendants and or the hearing and determination of the motion on notice already filed.
AND/OR
- b)AN ORDER directing that the STATUS QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) pending the expiration of the statutory (three) Months Pre-action Notice already issued by the Applicants on the 3rd and 4th Defendants on November 30, 2022 and or the hearing and determination of the motion on notice already filed.
- c)An order granting leave to the Plaintiffs to serve the 5th and 6th Defendants with the originating processes in this suit by substituted means by advertising the processes in at least one National Newspaper circulating within the jurisdiction of this Honourable Court and to deem same as proper service.
- d)Any order or further order as this Honourable Court may deem fit to grant in the circumstances.
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;
- a)An order of interlocutory injunction restraining the 3rd and 4th Defendants from screening and confirming or taking any further steps to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), pending the hearing and determination of the substantive suit.
AND/OR
- b)AN ORDER directing that the STATUS QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) pending the hearing and determination of the substantive suit.
- c)Any order or further order as this Honourable Court may deem fit to grant in the circumstances.
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.
- INTRODUCTION:
- Our Clients are members of the Itsekiri Leaders of Thoughts and Natives of the Itsekiri Ethnic Nationality of Delta State, Nigeria.
- It is our Clients’ grouse that since the inception of the Niger Delta Development Commission (NDDC) in 2001, the Itsekiri Ethnic Nationality having over 21 oil-producing communities and producing about 58% of the crude oil in Delta State and 17% of the Country’s crude oil production, which is doubtless a major contributor to the Crude Oil and Gas Resources in Nigeria, which by virtue thereof, the Itsekiri communities suffered and continues to suffer the attendant environmental degradation, loss of livelihood as well as destruction of their farmlands and water resources, have their woes compounded by the marginalization suffered in the hands of the Federal Government of Nigeria that has repeatedly failed to consider any Itsekiri nationals competent to occupy the positions of Chairman and Managing Director respectively of the NDDC despite having previously afforded other ethnic nationalities in the Niger Delta States the opportunity to fill such positions.
- Upon the dissolution of the NDDC Board in 2019 by the Federal Government of Nigeria, the NDDC has been run by various interim administrators with acting Managing Directors who hail from other oil and gas producing communities and states to the exclusion and continued marginalization of the Itsekiri Ethnic Nationality of Delta State of Nigeria.
- Whilst the pains of marginalization of the Itsekiri Ethnic Nationality remained unaddressed, the President of the Federal Republic of Nigeria on November 22, 2022, or thereabout, forwarded to the Senate of the National Assembly the names of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively, amongst other nominees of the Niger Delta Development Commission’s new board, for confirmation.
- This development did not meet the Itsekiri Ethnic Nationality well as Mrs. Lauretta Onochie whose name was forwarded by the President of the Federal Republic of Nigeria, a Deltan no doubt, hails from Onicha-Olona Community in Aniocha North Local Government Area of Delta State, a NONOIL AND GAS PRODUCING area of Delta State, and whereas, Chief Samuel Ogbuku whose name was forwarded as the Managing Director of the NDDC Board hails from Bayelsa State, is contrary to an established rotation arrangement in accordance with the NDDC Act. By the said rotation, it is the turn of Delta State by extension the ltsekiri Ethnic Nationality, to produce the next Managing Director of the NDDC.
- THE SUIT
- Displeased by the unlawful actions of both the Executive and the Senate of the National Assembly to nominate, screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission, our Clients filed SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO & 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA & 5 ORS., at the Federal High Court, Abuja, on December 12, 2022.
- Our Clients in the said suit, in which the President of the Federal Republic of Nigeria and your humble self are the 1st and 2nd Defendants respectively, are seeking the following reliefs:
- A declaration that by virtue of Section 4 and other enabling sections of Niger Delta development Commission (Establishment, Etc.) (Amendment) Act, and the 1999 Constitution of the Federal Republic of Nigeria (as amended), it is the turn of Delta State to produce the next Chairman of the Niger-Delta Development Commission.
- A declaration that by virtue of Section 12(1) and other sections of Niger Delta development Commission (Establishment, Etc.) (Amendment) Act, and the 1999 Constitution of the Federal Republic of Nigeria (as amended), it is the turn of Delta State to produce the next Managing Director of the Niger-Delta Development Commission.
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.
- A declaration that the nomination of the 6th Defendant as the next managing Director of the Niger-Delta Development Commission is unlawful for being contrary to the intent and purpose of the Niger Delta Development Commission Act.
- An order quashing the nomination of the 5th and 6th Defendants as the next Chairman and Managing Director respectively to the board of the Niger Delta Development Commission, by the 1st Defendant, as the said nomination is contrary to the spirit and intendment of the Niger Delta Development Commission Act 2000 as amended.
- AN ORDER restraining the 3rd and 4th Defendants from screening and confirming the 5th and 6th Defendants for the positions of the next Chairman and Managing Directors respectively of the Niger Delta Development Commission as their nomination by the 1st Defendant is contrary to the spirit and intendment 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;
- a)An order of interim injunction restraining the 3rd and 4th Defendants from screening and confirming or taking any further steps to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), ,Pending the expiration of the statutory (three) Months Pre-action Notice already issued on the 3rd and 4th Defendants and or the hearing and determination of the motion on notice already filed.
AND/OR
- b)AN ORDER directing that the STATUS QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) pending the expiration of the statutory (three) Months Pre-action Notice already issued by the Applicants on the 3rd and 4th Defendants on November 30, 2022 and or the hearing and determination of the motion on notice already filed.
- c)An order granting leave to the Plaintiffs to serve the 5th and 6th Defendants with the originating processes in this suit by substituted means by advertising the processes in at least one National Newspaper circulating within the jurisdiction of this Honourable Court and to deem same as proper service.
- d)Any order or further order as this Honourable Court may deem fit to grant in the circumstances.
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;
- a)An order of interlocutory injunction restraining the 3rd and 4th Defendants from screening and confirming or taking any further steps to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), pending the hearing and determination of the substantive suit.
AND/OR
- b)AN ORDER directing that the STATUS QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) pending the hearing and determination of the substantive suit.
- c)Any order or further order as this Honourable Court may deem fit to grant in the circumstances.
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, other artists to perform in Lagos
- National Theatre Festival of Unity begins
- Femi Osofisan, Ahmed Parker Yerima, others speak on play creation
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
Okere-Urhobo royal families rebuke Louis Okumagba, seek IGP’s Intervention
- Move to prevent monumental communal war between Itsekiri and Urhobo
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’’.
……………………………………………………
- EGBOYI & CO
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
JULIUS BERGER COMMISSIONS ULTRA-MODERN CASHEW PROCESSING CASHEW PLANT IN EPE LAGOS…as engineering construction leader strongly diversify into Nigeria’s agricultural processing sector
“Our plan is to transform the Julius Berger brand into a thriving conglomerate”
– Julius Berger Chairman, Mutiu Sunmonu, CON
The coastal town of Epe in Lagos state came alive with excitement on Saturday with the commissioning of the country’s and perhaps West Africa’s most ultra-modern Cashew Processing Plant by Nigeria’s leading engineering construction company, Julius Berger Nigeria Plc, finally substantively birthing the company’s strategic plan to transform into a conglomerate in the nearest future. The commissioning of the state-of-the-art cashew plant is an effort by the company reputed for its sustainable business offerings at diversifying into the economically significant agricultural industry in addition to its thriving construction major.
Epe lies on the north bank of the about 50 km long coastal Lagos lagoon that has since been a collecting point for the export of fish. But all that changed Saturday with the commissioning of Julius Berger’s huge and expansive Cashew Processing Plant.
According to Chairman of Julius Berger’s Board of Directors, Mr. Mutiu Sunmonu who presented the keynote address at the event, the occasion marks a pivotal moment in the company’s history “as we are ready to succeed and move in the right direction tremendously for Nigeria, our employees and shareholders.”
He recalled the history of the company in Nigeria saying that since 1965 when Julius Berger entered Nigeria with the construction of Eko Bridge in Lagos, “we have always represented ourselves very well with our trademark great value chain….We have now strategically diversified Julius Berger from being only an engineering construction entity into agricultural produce processing for which we all know Nigerians have a historical antecedent and understandable nostalgia,” Sunmonu said. He added that, there is a lot the company still has in the pipeline, saying, “as we continue to work on our plans, you will see us transform into a conglomerate.”
The Chairman revealed that the new factory is semi-automated for premium international quality cashew processing designed to produce about 60 tons per day. “We seriously aim to create and sustain increasing value and add significantly to Nigeria’s GDP,” he added.
The Managing Director of Julius Berger Nigeria Plc, Engr. Dr. Lars Richter, in his speech said that by the commissioning of the factory, Julius Berger has inaugurated its first Cashew Processing Plant, marking another significant milestone in the company’s partnering relationship with Nigeria. “Today we start another milestone in our relationship with Nigeria built from the past into the future,” he said.
Richter added that “…since 1965, when Julius Berger Nigeria entered into the country and began operations in Lagos, it has never looked back in its strategic contributions to national development. That mission will continue.” Dr. Richter continued, “our launch into agriculture is part of our larger ambition to diversifying the Julius Berger Group, expanding our positive impact and extending our contribution to Nigeria, beyond construction.” He added that, “I can’t help but speak about how far we have come as a company and how much more we hope to achieve,” even as he thanked members of Epe community for welcoming the company and partnering with it for greater heights for the country’s cashew industry and for the country as a whole.
Julius Berger’s Director, Corporate Development, Tobias Meletschus, in his remark after a tour round the factory said that the project is a determination towards greater corporate growth as “this is tremendous achievement and our first step into agro-processing.” Declaring that the company values productive and result-oriented partnerships which are innovative and guarantee highest quality of product and service, Meletschus added that, “to achieve this, we are already partnering with farmers, employing over 300 employees with impressive payroll even as we target a zero-waste policy at our production plant. All these alongside the fact that our cashew is farmed and processed locally makes our efforts homegrown and essentially unique.”
Minister of Agriculture, Dr. Mohammad Mahmood Abubakar was represented by Mrs Abimbola Oguntuyi while the minister of Industry was represented by Malam Ali Adamu, a deputy Director in the ministry.
Others who graced the occasion include, Lagos State Commissioner for Agriculture, Arc Abisola Olusanya who represented His Excellency Gov Babajide Sanwo-Olu, and Mr Tokunbo Talabi, Secretary to the Ogun State Government. His Royal Highness, the Olisa Odomola, Y. T. Rahseed Aji and his Chiefs were also present at the ceremony. Top management of key financial institutions in the country were also in attendance at the event. The Director, Product Development department of the Nigerian Export Promotion Council, Mrs Obidike Ifeyinwa Evelyn, represented the CEO of the Council, while Mrs Talatu Ethan, Director Lagos Operations, represented the Standards Organization of Nigeria (SON) at the event. The President of Cashew Processors and Packaging Association of Nigeria, Mr Daniel Gemana, was also present at the epoch-making ceremony.
Top cashew research institution, GIZ, was also eminently represented at the Epe Lagos event. According to the GIZ, “In Nigeria, after an intense opportunity mapping phase where we were assessing potential sectors, we have identified the cashew value chain as a promising sector to achieve our objectives.” GIZ added that “…we are very happy that we found Julius Berger Nigeria as a strong and committed private sector partner and we are joining forces to collaborate on professionalizing skills development and enhancing the competitiveness of the cashew value chain in Nigeria…” The GIZ Programme Leader for West Africa, Rita Weidinger, led the GIZ delegation to Epe, Lagos for the ceremony.
After the tour of the processing plant and inspection of the finished and packaged Julius Berger cashew for export, the representative of the Honourable Minister of Agriculture, Mrs Abimbola Oguntuyi on behalf of the minister commended Julius Berger for the well thought-out investment, employment-generating initiative and gross domestic product-improving project.
Other officials in Julius Berger’s hosting entourage at the event were the company’s Board members and the Company Secretary; management staff of the corporation, the JBN Cashew plant project managers, Tarciso Falcao, Denis Steppuhn, and Mrs Foluke Abidoye, amongst many others.
The brand name of the new and uniquely processed Julius Berger cashew is Mighty Kashoo.
PRESS STATEMENT
CDWR CONDEMNS THE BUHARI GOVERNMENT’S FRIVOLOUS SUIT AGAINST ASUU AT THE NATIONAL INDUSTRIAL COURT AS REPORTED BY THISDAY NEWSPAPER
CDWR DEMANDS THAT THE FG ADEQUATELY FUNDS EDUCATION AND MEET ASUU’S DEMANDS
Campaign for Democratic and Workers’ Rights (CDWR) condemns the Buhari-led government’s lawsuit at the National Industrial Court, Abuja against the Academic Staff Union of Universities (ASUU) as published by ThisDay newspaper on September 10, 2022. This latest step by the federal government is a continuation of the antics to arm-twist the union and possibly lay the legal basis to attack ASUU and its members.
CDWR also condemns the Buhari-led government’s neglect of public education and refusal to meet ASUU’s demands.
ASUU has embarked on strike since February 14, 2022, and the strike has lingered on for 7 months over the demands on funding of university education and better welfare conditions. Education is an important aspect of society and should be given utmost priority but the Buhari-led government just like its predecessors are not interested in protecting public interest. Allowing public universities to close down for 7 months clearly shows the anti-people character of the Buhari-led government.
At this stage, the solidarity of the trade union movement (Nigeria Labour Congress and Trade Union Congress) is most needed. We call on the leadership of NLC and the TUC as a matter of urgency to begin the mobilization for a 48-hour warning general strike backed with mass actions to demand government meeting the demands of ASUU and other unions and protest the under-funding of public education and healthcare, rising cost of living, hike in fuel prices, hike in electricity tariff etc. With this, the government can be forced to meet the demands of the striking university workers, increase funding to public education and retreat on other anti-poor policies.
SIGNED:
Comrade Rufus Olusesan Comrade Chinedu Bosah
National Chairperson National Publicity Secretary
Alhaji Nureni Oluwatoyin Animashaun is dead
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
MEDIAGATE NIGERIA: SEEKING THE TRUTH, PUTTING IT IN PERSPECTIVE AND PUBLISHING IT SO THAT PEOPLE CAN CONDUCT THEIR AFFAIRS KNOWLEDGEABLY
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Office Address;
MEDIAGATE MANAGEMENT & CONSULTING LIMITED
Tel: 08036977194
Email: kenochonogor@yahoo.co.uk, henryebi@yahoo.com,
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MediaGate Management & Consulting Limited was incorporated in Nigeria to pursue business
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MediaGate Management & Consulting Limited has a strong business relationship with
The company also has a direct business relationship with
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MANAGEMENT TEAM/DIRECTORS
KEN OCHONOGOR
HENRY EBIRERI
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To provide products and services to our clients at competitive prices at all times
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To create and sustain a safe and creative environment in the office as well as in the fields
PREVIOUS PROJECTS EXECUTED
MEDIAGATE:
The gateway for every form of communications for our customers
The link between companies, editorial departments and target groups
Experts in media relations, corporate communication, public relations, digital strategy, brand strategy and concept development, corporate identity development, social media communication and stakeholder relations
National grid: SERAP sues Buhari over ‘missing N11trn electricity fund’
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