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Executive Lawlessness: Wike, Others Risk Jail Term
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.”
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
Sultan of Sokoto, Sa’ad Mohammad Abubakar II, has called on Nigerians to avoid publicly criticizing their leaders, instead urging citizens to place their trust in God to address leadership concerns as He deems fit.
Speaking at the Regional Conference on Climate Change-Induced Conflicts in Northern Nigeria, organized by the Kaduna State Bureau of Interfaith in collaboration with International Alert, the Sultan emphasized faith and patience in navigating the country’s challenges.
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Acknowledging Nigeria’s current economic and social hardships, the Sultan encouraged continuous prayer, not only for the nation but for its leaders as well.
“Even though many feel times are particularly hard, we believe relief will come. Let’s increase our prayers for our leaders, trusting God to address them in His way,” he said, expressing hope that divine intervention could bring stability and prosperity.
The Sultan reminded political leaders of their ultimate accountability to God, cautioning that they will stand alone on the Day of Resurrection, with only their deeds to support them.
“On that day, every leader will stand alone. Governors, advisers—none will have support except their own deeds. Let us act with a deep sense of responsibility and fear of God,” he stated.
Addressing religious leaders, he warned against misleading their followers for personal gain, underscoring the trust many place in their religious guidance.
“Only God can save any human being,” he said, encouraging Nigerians to remain faithful and discerning in their spiritual beliefs. “Focus on worshiping Allah and leave the rest to Him. Don’t follow those who might lead you astray.”
With leaders from various religious communities, including the President of the Christian Association of Nigeria (CAN), in attendance, the Sultan called for unity, resilience, and communal effort to tackle pressing issues such as climate change, poverty, and insecurity in the northern region.
He praised the North’s history of unity and resilience, warning against divisive narratives that threaten communal harmony. “When we are united, we can face any challenge and build a prosperous community,” he asserted.
The Sultan’s remarks come amid ongoing social and environmental issues in the region, including a recent surge in climate-related challenges that have exacerbated poverty and security threats.
In light of these issues, he called on both Muslims and Christians to intensify their prayers, saying, “Our country faces many challenges, and we must turn to God in prayer. Let us intensify prayers in our mosques and churches.”
In a decisive move, President Bola Tinubu has ordered the immediate release of all minors detained by police during the recent #EndBadGovernance protests.
The directive, announced by Minister of Information and National Orientation, Mohammed Idris on Monday, underscores the government’s commitment to protecting children’s rights and ensuring justice.
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Idris confirmed that President Tinubu’s directive prioritizes the welfare of detained minors, instructing the Ministry of Humanitarian Affairs to facilitate their safe reunification with their families.
A committee led by the Ministry of Humanitarian Affairs will be established to oversee the welfare of the released minors and ensure compliance with the president’s orders.
Additionally, President Tinubu has directed a formal investigation into the actions of law enforcement agencies involved in the arrests.
The president emphasized that any misconduct uncovered during the investigation will result in disciplinary action, affirming his administration’s dedication to accountability within law enforcement.
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