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Executive Lawlessness: Wike, Others Risk Jail Term

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It appears that the Judiciary is fed up with executive lawlessness, which has seen some members of the ruling All Progressives Congress (APC) flout court orders.

 

The National Industrial Court (NIC) might be leading in instituting the rule of law, as it moved on Wednesday to make an example of Minister of the Federal Capital Territory, Nyesom Wike and some of his executives, at the FCTA.

 

It was gathered that the NIC, Abuja has begun contempt proceedings against Wike, and others over what it termed ‘disregard of series of court orders’.

 

One of the reasons Wike would be standing trial is Managing Director/CEO, Abuja Markets Management Limited (AMML), Faruk Abubakar tenure.

 

One of the instances which incurred the irk of the NIC was Wike’s inclusion of Abubakar in the list of heads of agencies dissolved on September 27, 2023.

 

Recall that Wike had, on September 27, 2023 through a statement, relieved the heads of 21 parastatals, agencies and government companies of the Federal Capital Territory Administration (FCTA) of their appointments with immediate effect, including AMML.

 

The contempt charge, filed by Abubakar also joined the FCTA, AMML and the Abuja Investments Company Limited (AICL) as 2nd to 4th defendants respectively, including the former acting managing director of the AMML, Engr. Yakubu Abbas.

 

In the Form 48 marked: NICN/ABJ/62/2023, which was dated and filed on November 3, 2023, the application was titled: “Notice of Consequences of Disobedience to Order of Court.”

 

The application was brought pursuant to Section 72 Sheriff and Civil Process Act, 2004; Order IX Rules 1-3 of the Judgment Enforcement Rules and Under the inherent jurisdiction of court.

 

The application reads, “Take notice that unless you (the defendants) obey the orders and directions contained in the judgment of court on July 20 and the order of this Honourable Court made on July 26, you will be guilty of the contempt of court and will be liable to be committed to prison.”

 

It was gathered that that Abubakar’s counsel, Faruk Khamagam, had, following the dissolution, formally apprised Wike on September 28, 2023 about the peculiar situations that surrounded the agency’s headship and the legal tussle that preceded his appointment as minister.

 

Khamagam, in the letter, informed Wike of series of court judgments that affirmed Abubakar’s status as substantive managing director of the AMML.

 

The contempt proceeding would be standing on the allegation that Wike and others had been acting in disobedience to the orders of the industrial court made on July 20, restraining them from giving effect to the purported letter of termination of the employment of Abubakar as the managing director or the AMML.

 

Justice R. B. Haastrup had restrained the defendants from giving effect to the termination of the employment of Abubakar as the managing director of the AMML, which order was contained in a letter dated July 17, 2023, until the hearing and determination of the counterpart motion on notice.

 

The judge also ordered the defendants not to, in any way, interfere in the management, business and corporate affairs of the AMML and that status quo ante be maintained until the counterpart motion on notice was heard and determined.

 

In the same vein, Justice Donatus Okorowo of a Federal High Court, Abuja, had, on July 10, 2023 in a judgment, restrained the FCT Minister, the FCTA and others in the suit marked: FHC/ABJ/CS/499/2023 from dissolving and reconstituting the Board of the AMML by political fiat or press statement, without first following the procedure of CAMA, 2020.

 

According to the court, doing so would be ultra vires the powers of the FCT Minister and the FCTA.

 

The court had also affirmed Abubakar as the managing director of the AMML.

 

Khamagam, who said the AICL and FCTA had continued to insist on the termination of Abubakar’s employment as contained in their July 17, 2023 letter, also averred that Abbas had been parading himself as the acting managing director of the AMML in contravention of valid court orders and judgment.

 

He said, “Engr. Yakubu Abbas himself, has been parading himself as the acting MD of AMML and has been signing and issuing documents in that capacity, in the name of AMML from unknown locations.”

 

On his part, Legal Adviser and Secretary, AMML, Felix Edache, alleged that on Monday, the policemen stormed the AMML’s head office in Gudu on the order of the FCT commissioner of Police.

 

According to Edache, the officers were led by DSP Bello Adamu, who disclosed that they were deployed to maintain peace and workers’ safety.

 

“When I resumed, I saw a flood of armed policemen all over the premises.

 

“Upon getting to the office, I was told that they had come to ensure safety of the place but I told them that I am not aware that AMML made any complaint to the police to that effect.

 

“In fact if there should be any of such complaint, it should have come from me,” he said.

 

He was rattled, however, when later in the evening the same policemen tendered a memo from the FCTA signed by the General Counsel, Salman Dako, purportedly written on behalf of the FCT Minister asking the CP to prevent the MD, Abubakar, and the Legal Adviser from gaining entrance into the office.

 

He continued, “Although, the memo by Dako cited the termination of Abubakar’s employment as the eason for the request, it did not say why the police is being asked to prevent me from entering the office.

 

“We are law abiding citizens. We will never do anything to subvert the law.

 

“However, any attempt to trample our right would be resisted with every legal tool.

 

“It is time for the Minister to reassess his legal team at the ministry so that they don’t end up misleading him into running foul of the law which he also swore to protect as both lawyer and public servant.

 

“I am hopeful that the minister will act accordingly.”

NEWS

Fuel Price Hike: Energy Analyst Adeoye Reveals Who Bears The Subsidy Costs

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With the pump price of Premium Motor Spirit (PMS) popular in the streets as petrol, hovering around approximately N1000-N1300 per litre, concerns are mounting about the viability of fuel subsidies in Nigeria.

Energy policy analyst, Adeyemi Adeoye, has underscored the critical role of the Nigerian National Petroleum Company Limited (NNPC Ltd) in this issue, shedding light on who bears the subsidy costs.

He shared his views on TVC News on Friday.

Biztellers reports that the pump price of petrol has risen from below N200/litre at at May 29, 2023 to around N1300/litre as at September 20, 2024, with little variations depending the part of Nigeria, consumers are buying from.

Read More: Fuel Pricing Should Serve Public Interest, Not Profit — Yemi Adeoye

He stated, “Only the NNPC can engage in negotiations of this nature. Their partnership with the Dangote Refinery gives them leverage to negotiate from a position of strength.”

Adeoye highlighted that while the Independent Petroleum Marketers Association of Nigeria (IPMAN) and other marketers lack significant influence over prices, the Dangote Refinery prioritizes profitability.

According to him, this makes the NNPC’s negotiations vital, as they are legally required by the Petroleum Industry Act to ensure fuel availability across the country and prevent long queues at gas stations.

Adeoye said, “It is only NNPC that could have gone into that type of negotiation because NNPC is coming to the table from a position of strength because they have a partnership with the Dangote Refinery, and they have other businesses they are supplying crude to, so they can come and say, ‘Look, this has to be this way.’

“The IPMAN and the other marketers cannot do that because Dangote is a profit-making organization; it is not a charity organization. So, the only thing that is important to the Dangote Refinery is to make a profit, which is the same thing that is important to any business.

“So, the NNPC went into these negotiations because it also understands that it is the last resort. In terms of fuel distribution in the country, NNPC is mandated by the Petroleum Industry Act to make sure that there are no queues in the country. So, even if they don’t want to do it, the law mandates NNPC as the supplier, the last resort, to make sure that there is petroleum product across Nigeria.

“That negotiation is such that NNPC took all the calculations in and said, ‘This is a fair pricing that we know we can withstand.’

“Because what NNPC was paying out, which you might call a subsidy or under-recovery, NNPC was paying the difference on behalf of the government, which is under the directive of the president, who has also said he wants to see this situation totally resolved.

“That was why he directed the NNPC to make sure that crude oil to the Dangote Refinery is sold in Naira, because NNPC produces the crude in dollars, and it has to be sold to the Dangote Refinery in Naira, which is good faith.” he added

 

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International News

Ukraine Bans Telegram For Officials Over Security Risks

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Ukraine has implemented restrictions on Telegram for government, military, and security personnel, citing national security threats associated with the app, founded by Russian-born Pavel Durov.

The National Security and Defence Council announced in a statement on it’s Facebook page that these limitations will affect all government agencies, military units, and critical infrastructure facilities.

The council emphasized that this measure is essential for protecting national security.

Read Also: Russia Frustrates Ukraine’s Largest Drone Strikes On Moscow

It reads, “The National Security and Defence Council decided to restrict the use of Telegram in government agencies, military formations and critical infrastructure facilities. It is a “matter of national security.”

 

 

 

 

More to follow…………. 

 

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NEWS

NLC Accuses Tinubu Of Sabotaging Minimum Wage With Fuel Hike

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The Nigeria Labour Congress (NLC) has expressed strong disappointment over the recent increase in fuel prices, accusing President Bola Tinubu of betraying the labour movement after negotiations regarding a new national minimum wage.

At the opening of the ‘Minimum Wage Implementation Workshop, Southern Zone’ in Lagos, NLC President Joe Ajaero stated that the new petrol price has severely undermined the anticipated benefits of the forthcoming N70,000 minimum wage.

He emphasized that rising fuel costs are pushing workers into deeper hardship, counteracting any advantages the minimum wage was meant to provide.

Read Also: NLC Snubs Tinubu’s Fuel Price Tour Offer, Says It Smells Like Bribery

Ajaero argued that organized labor was misled into accepting the N70,000 minimum wage under the belief it would prevent further fuel price increases.

“We were betrayed by President Tinubu. The agreed minimum wage was intended to alleviate the effects of subsidy removal, but the new petrol prices have erased any potential benefits,” he said.

He highlighted the government’s strategy of using distractions and unfounded accusations to weaken union resolve.

“There is a tactic to distract us by alleging cybercrime and terrorism, which only allows the fuel price issue to persist,” Ajaero noted.

Recalling his discussions with President Tinubu during negotiations, Ajaero described the intense pressure labor leaders faced.

“The President gave us an ultimatum to accept a deal that would raise the minimum wage to N250,000 if we agreed to the fuel price hike. We rejected it, fully aware that it would worsen the economic situation for the country.”

Ajaero further criticized the government’s suggestion to compare fuel prices in neighboring West African countries, where petrol reportedly sells for N1,700.

“The President wanted us to consider prices in countries like Cameroon, but we made it clear that the real issue lies in unchecked smuggling at our borders,” he said.

In conclusion, Ajaero stressed the ongoing struggles faced by the labour movement, particularly against private sector employers who continue to resist the N70,000 minimum wage.

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