Business
ALSCON: Appeal Court upholds High Court order to arrest and jail DG BPE Alex Okoh
Lucky MOMOH
Houston, Texas USA- FOLLOWING the order of the Federal High Court, Abuja, on Tuesday December 17, 2019 for the arrest and imprisonment of the Director General of the Bureau of Public Enterprise, Dr. Alex Okoh over the Aluminum Smelter Company of Nigeria, ALSCON, and the subsequent stay of execution order by the Federal Court of Appeal on the request of the embattled DG, the federal Court of Appeal has now reaffirmed the order of the High Court two years after, for the arrest and imprisonment of the DG.
Embattled Director-General of Bureau for Public Enterprise, Dr Alex Okoh
Specifically, Alex Okoh, Director General of the BPE is to be remanded in prison for thirty days for his repeated and calculated effort to impugn the integrity of the Supreme Court by flagrantly disobeying the unanimous decision of the Apex court since 2012.
While the BFI Group has continuously and repeatedly shown its belief in the rule of law and Nigerian judicial system, by taking all its grievances before the court as stipulated by law, The BPE under Alex Okoh has repeatedly shown its disdain and complete disregard for the rule of law by failing to obey a simple, direct, unambiguous but very unanimous judgement of the Supreme court since 2012.
This calculated attempt of the BPE necessitated the decision of the BFI Group, a Nigerian- American consortium, and winner of the bid for ALSCON to approach the Federal high Court, even after securing a Supreme court judgment over six years earlier, to explain why an Agency of Government can be so powerful, to the extent of flagrantly disobeying and disregarding the judgment of the nation’s Supreme Court.
The High Court, after intensive hearings, ordered that the DG, Alex Okoh be remanded in prison custody, until his flagrant and consistent disobedience of the Apex Court judgement is sufficiently explained, or at best obeyed. Alex Okoh and the BPE approached the Court of Appeal to stay the execution of the High Court’s judgement.
Hence, after two years of litigation, the Appeal Court has now found Alex Okoh and the BPE deficient in their appeal, and in want of empirical evidence to prove their case, and thereby upholds and reaffirms the judgement of Justice Anwuri Chikere of the Federal high Court Abuja.
Speaking with newsmen outside of the court after the judgement, President of the BFI Group, High Chief, Dr. Reuben Jaja explains “This statement means finality for us, because the Appeals Court judgement basically validates all the issues that was in question. This means finality, it means ALSCON can move forward, it means Nigeria can finally put this strategic asset into use, it means our industrialization policy, particularly in the Niger-Delta region will now commence.”
“Like I said, this judgement of the Appeal Court indicates finality to the long legal tussle. it would basically ensure that both parties understand that there is a limitation to legal tussle, and
let us focus on helping our country to move forward. This is our administration, this government is serious with rehabilitating and refocusing the economy, and those of us who are in the private sector, and are positioned and willing to assist this government move forward must be given a chance to support not just this government but the country in general.”
“This judgement has rekindled my confidence in my country, particularly the judiciary. The judiciary looked at the matters and left all the rhetoric and issues that aren’t vital to the assessment of the truth and facts and merits of the case, so the judgement has given me a strong confidence as a business man, and also it has reassured international investors who may be thinking of coming into Nigeria, that the Legal system is strong and bold enough to take action on any case whether it involves the government or private sector, and take decisions that are based on fairness, equity and fair play. This is a signal not only to domestic captains of industry, but also to industrialists in the international community, who had interest in our nation.
However, for civil servants who are privileged to be saddled with the responsibility of managing or directing the affairs of our most strategic public agencies in this country, I would appeal to them to be patriotic citizens and place their nation first, and above all things. Think first of what you can use that privileged position to do for your country and not what your country can do for you, according to president JF Kennedy.
This is serious because your legacy must be quoted by succeeding generations. We must leave something of value for the future because our children will be competing with the children from other nations around the globe. We must not by our actions or inactions today, put them at a disadvantage in the future.” he enthused.
The unbroken run of the Port Harcourt Refining Company (PHRC) has been commended by a relevant stakeholder.
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) gave kudos to the Nigerian National Petroleum Company Limited (NNPC Ltd) and others for the continuous operations of the refinery since October 2024.
Biztellers reports that the PHRC, which was dormant for over 20 years, was revamped with a loan provided by the Afreximbank. Revamping the PHRC was carried out by Tecnimont Nigeria Limited, a subsidiary of the Maire Tecnimont Group.
The PETROAN through a statement by its Publicity Secretary, Joseph Obele, has come out to praise Tecnimont Nigeria Limited “for their professionalism and expertise in delivering a world-class rehabilitation project.”
The host communities were also commended by the PETROAN, which noted their cooperation and support during the rehabilitation process.
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In the statement, the PETROAN noted thus, “The refinery, which was commissioned in October 2024, has been running continuously for 180 days, up to March, a remarkable feat that underscores the effectiveness of the rehabilitation project.”
Consequently, the “PETROAN is pleased to note that its members are currently loading diesel and kerosene from the refinery, while NNPCL retail marketers are loading PMS. This development has not only ensured a steady supply of petroleum products but has also helped to eliminate the circulation of fake kerosene and diesel in the market.”
The PETROAN also lauded the managing director of the Port Harcourt Refining Company, Ibrahim Onoja, for his dedication to ensuring the successful rehabilitation and operation of the refinery.
Higher authorities, including “President Bola Tinubu, for making funds available for the rehabilitation of the refinery; the Minister of State for Petroleum Resources (Oil), Senator Heineken Lokpobiri, for his supervision and guidance throughout the rehabilitation process; the Group Chief Executive Officer of NNPCL, Mele Kyari, for his leadership and commitment to the project; and the Managing Director of NNPC Retail Ltd, Hubb Stockman, for the effective marketing of all the products from the refinery,” were also commended by the PETROAN.
Industry regulator, the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) was also lauded by the PETROAN for its regulatory oversight and support in ensuring the safe and efficient operation of the refinery.
Evidence of the growing influence of the Dangote Petroleum Refinery & Petrochemicals has manifested far beyond Africa and the Middle East, with the United States having imported over two million barrels of jet fuel from the Nigerian based refinery in March.
According to experts, this development should bring immense joy to Nigerians, as it attests to the unparalleled quality of the refinery’s products and the trust that the international community places in the world’s largest single-train refinery.
Going by data from ship-tracking service Kpler, six vessels carrying around 1.7 million barrels of jet fuel from the Dangote Petroleum Refinery arrived at US ports this month.
It was gathered that another vessel, the Hafnia Andromeda, is set to arrive at the Everglades terminal on 29th March with approximately 348,000 barrels of jet fuel.
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The shipments from the Dangote Refinery, with a capacity of 650,000 barrels per day (bpd) — Africa’s largest — highlight its potential to reshape global fuel trading dynamics, establishing a new swing supplier in the Atlantic Basin.
Biztellers reports that this shipment to the United States follows three cargoes of jet fuel, totalling around 130 million litres, exported from Nigeria to Saudi Arabia by the Dangote Petroleum Refinery.
The refinery has already demonstrated its ability to compete with European refiners on gasoline (PMS) exports, and these jet fuel shipments to the United States could challenge the economics of domestic producers in the world’s largest fuel-consuming nation.
According to Chief Operating Officer of TankTiger, Steven Barsamian, “the surge in demand, partly driven by the influx of supply from Nigeria, is expected to lower jet fuel prices in the US ahead of the peak summer travel season. US jet fuel imports from Dangote Refinery are expected to decrease aviation fuel prices during this period, according to trade analysts and storage brokers. US jet fuel imports in March have averaged around 226,000 bpd, the highest since February 2023, underlining the global demand for products from Dangote Refinery.”
The Dangote Refinery, which commenced production in January 2024, has already exported its products to almost every continent. While the surge in US imports was partly triggered by a maintenance-related shutdown at the Phillips 66 Bayway refinery in New Jersey, analysts believe the choice of Dangote’s products highlights its growing presence in international markets, having successfully competed with European refiners in gasoline exports.
Economist and Chief Executive Officer of the Centre for the Promotion of Private Enterprises (CPPE), Dr Muda Yusuf, stated that the export of jet fuel to the United States by Dangote Refinery is a point of pride for Nigeria, highlighting the quality, standard, and the trust that the international community places in the refinery.
“Nothing could be more prideful for us as a country than the fact that we now have a refinery producing products that can be exported to the United States. It speaks to the quality, standards, and trust that international communities have in Dangote Refinery, because these are markets that don’t compromise on quality. They have stringent standards, and if they deem it worthy to import from Nigeria, it is a source of great pride,” he said.
On his part, the former Director-General of the Lagos Chamber of Commerce and Industry (LCCI) also emphasised that Dangote Refinery is enhancing Nigeria’s position on the global stage and should be supported by both citizens and the government.
“That is why all of us—citizens and the government — should do everything to support the refinery, as it is breaking many barriers and boosting our country’s reputation. The lesson here is that we should support the Dangote Refinery and other refineries with similar capacities, as they can provide us with significant leverage,” he added.
Similarly, Public Policy Expert, Dr Abimbola Oyarinu, stated that the Nigerian economy would be in a better state today if the country had functional refineries in the past, rather than just exporting crude oil while importing refined petroleum products.
“This is something that should have been addressed since 2014. Things wouldn’t have reached this point—such as high inflation and unemployment—if we had a functioning refinery. However, both the government and the people failed to take action until Dangote stepped in with significant investment. The Dangote Refinery is not only reducing foreign exchange outflow, but it is also bringing in foreign exchange. It is unfortunate that despite this, some elites and those in power are still intent on sabotaging the refinery and Dangote himself,” he said.
The university lecturer also warned that the lack of ease in doing business and the frustration of local investments could discourage future investors.
“This is something the country should be proud of. We previously had a mono-economy, reliant solely on oil exports, but Dangote has helped diversify the sector by selling finished products to international markets. However, which investors would want to invest in Nigeria after seeing what Dangote is going through?” he queried.
The Dangote Cement Plc (DCP) has achieved a ‘B’ score in climate change and water security disclosures according to the recently released 2024 Carbon Disclosure Project (CDP) results.
The CDP is the world’s largest, most comprehensive dataset on environmental action which empowers investors, companies, cities, and national and regional governments to make earth-positive decisions.
It was gathered that Dangote Cement has disclosed its environmental practices annually through the CDP since 2018.
On its part, the CDP provides a voluntary framework for companies to report on Climate, Water Security, and Forests. It rigorously evaluates corporate environmental performance, assigning scores from A to D based on companies’ transparency, governance, and measurable actions towards sustainability. Following the release of company scores in February, Dangote Cement’s score on water security which was C was upgraded to B. Similarly, the company’s commitment to supporting a climate resilient future was also demonstrated in its climate change score of B in 2024.
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On the new rating, Managing Director/Chief Executive, Dangote Cement, Arvind Pathak, said, “Dangote Cement leads in Africa as one of few businesses in six states and regions of Africa to disclose through CDP.”
He further stated that “the 2024 score is an outcome of ongoing efforts to reduce our carbon footprint, accelerate climate action and promote sustainability across our business and its value chain.”
On his part, the Head, Sustainability, Dangote Cement, Dr. Igazeuma Okoroba, expressed gratitude to all stakeholders who aligned with the Group’s Environmental, Social, and Governance (ESG) strategy overseen by the company’s Board which supported the achievement of an improved rating this year.
She asserted that “this year’s results are evidence that our contribution to create a world where people, planet and profit are truly balanced is paying off.”
Affirming the company’s commitment to decarbonisation, Dr Igazeuma stated that “Although this year’s score demonstrates our transparency on sustainability, DCP’s goal is to go beyond disclosure and take meaningful action through tangible solutions, innovations, and projects to close the gap between ambition and reality.”
Dangote Cement Plc is sub-Saharan Africa’s largest cement producer with an installed capacity of 45.6Mta across 10 African countries and operates a fully integrated “quarry-to customer” business with activities in manufacturing, sales, and distribution of cement. The company is on track to meet its decarbonisation targets through energy efficiency measures, adoption of supplementary cement materials, carbon offsets and other sustainable practices.
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