NEWS
S’Court Upholds Ex-BPE Chief’s Jail Term
In a landmark decision, the Supreme Court has upheld the contempt conviction of Alex Okoh, former Director General of the Bureau of Public Enterprises (BPE).
The judgment, delivered on Friday, solidified Okoh’s one-month imprisonment, highlighting compelling evidence of BPE and Okoh flouting a prior court order.
This order explicitly prohibited the sale of the Aluminium Smelter Company of Nigeria (ALSCON) Ltd to any entity other than the BFI Group Corporation, the rightful winner of the 2004 bid.
Tijjani Abubakar, delivering the lead verdict, expressed strong criticism for BPE and Okoh’s blatant disregard of the court’s directive.
In scrutinizing the appeal arguments, the judge dismissed BPE’s claim that Alex Okoh was not personally served court papers (Forms 48 and 49) pertaining to the contempt proceedings.
Forms 48 and 49 are crucial in contempt cases. Judge Abubakar asserted that serving the documents on the BPE Secretary was a valid service to Mr Okoh.
He criticized BPE’s actions of re-offering ALSCON for sale post the Supreme Court ruling as a blatant contemptuous act, emphasizing a flagrant disregard for the court’s authority.
According to Mr Abubakar, BPE’s invitation for fresh bids after the court’s order “leaves no one in doubt that the appellants indeed flouted the order of the court as handed down in SC/12/2008, particularly the third leg of the order, which perpetually restrained the first appellant (BPE), servants, agents, privies, management or howsoever called from negotiating the sale, selling, transferring or otherwise handing over ALSCON to any other person or persons, in violation of the contract between the BPE and the BFI Group.”
The appellant’s lawyer, Chris Uche, a Senior Advocate of Nigeria (SAN) had argued that his client did not violate the court order.
However, Mr. Abubakar dismissed Uche’s assertion, emphasizing that court orders are meant to be adhered to.
He stated that it is not within the appellant’s right to claim compliance when the court records clearly show their utter disregard for the order.
Abubakar condemned the appellants’ actions as a blatant display of disrespect, deeming it scandalous and shameful.
“It is disgraceful that an agency of government decided to hold the economy of the country hostage. Agencies of government must respect the rules. Nobody in this country is above the law.
“Both the government and the governed are subject to the rule of law.
“The appellants are not at liberty to choose which of the orders of this court to obey and which one to ignore.
“I must say the conduct of the appellants in this case offends the majesty of the law and undermines the dignity of the court.
By acting in defiance of the order of perpetual injunction handed down by this court, the stage was obviously set for the second appellant’s (Okoh’s) committal to prison,” the judge said.
Mr. Abubakar declared the appeal as lacking merit before dismissing it. Consequently, he upheld the Court of Appeal’s January 2022 decision affirming Mr. Okoh’s contempt conviction.
The court also maintained the imposition of a N10 million cost against the appellants in favor of the respondent, BFI Group.
Mr. Abubakar ordered that the N10 million cost be personally paid by Mr. Okoh, further specifying that this payment is in addition to his imprisonment for contempt.
Recall that in 2004, the Bureau of Public Enterprises (BPE) initiated the privatization of ALSCON through an expression of interest advertisement.
Following the bidding process, BFI Group Corporation emerged as the preferred bidder. BPE communicated this decision to BFI Group through a letter dated June 17, 2006, requesting a 10% payment of the bid price within 15 days.
However, BFI Group contested the 15-day payment deadline, arguing that the terms of the May 2004 memorandum of understanding between the parties stipulated that the preferred bidder should pay 10% of the accepted bid price within 15 days from the execution date of the Share Purchase Agreement (SPA).
Following BFI Group’s failure to meet the 15-day payment deadline, the Bureau of Public Enterprises (BPE) terminated the contract and subsequently re-offered ALSCON for sale. In response, determined to challenge BPE’s contract termination, BFI Group filed a lawsuit.
The Supreme Court, in a 2012 judgment, ruled in favor of BFI Group, affirming the existence of a valid contract of sale between BPE and BFI Group regarding ALSCON.
The court issued a restraining order, prohibiting BPE and its agents from further offering ALSCON for sale to any other individual or entity outside of BFI Group.
In pursuit of executing the Supreme Court judgment, BFI Group initiated a judgment enforcement suit before the Federal High Court in Abuja.
On September 30, 2014, the Federal High Court issued an enforcement order, which faced objection and appeal from BPE.
The appellate court modified the enforcement order but maintained the directive to enforce the Supreme Court judgment. It instructed BPE to furnish the mutually agreed Share Purchase Agreement (SPA) for execution.
However, disagreements arose between BPE and BFI Group regarding the execution of the SPA, with BPE objecting to certain documents annexed to the agreement.
Following the disagreement, BFI Group initiated contempt proceedings against BPE and Mr. Okoh at the Federal High Court in Abuja.
In December 2019, the court found both guilty of contempt and sentenced Mr. Okoh to one month of imprisonment until he purged himself of the contempt.
Challenging this decision, Mr. Okoh and BPE appealed to the Supreme Court.
The verdict delivered on Friday affirmed the conviction and upheld the sentence imposed by the Federal High Court.
NEWS
Christmas: Shettima Assures Of FG’s Commitment To Citizens’ Welfare
Nigeria’s Vice President, Kashim Shettima has assured Nigerians of the federal government’s dedication to national security, economic transformation, and welfare of the citizens.
This was detailed in a Christmas message on Wednesday afternoon in Abuja under the signature of the Senior Special Assistant to The President on Media & Communications (Office of The Vice President), Stanley Nkwocha.
According to the Vice President, the administration of President Bola Ahmed Tinubu remains unwavering in its focus on these critical areas, as the country looks forward to the dawn of a new year.
ALSO READ: Tinubu Sends Hearty Christmas Greetings To Christians Worldwide
He said, “In these times of economic transformation, I want to assure you that the President Bola Ahmed Tinubu administration remains steadfast in its commitment to improving the lives of all Nigerians.”
Vice President Shettima particularly urged the citizens to imbibe the virtues of national unity during the yuletide season.
“Nigeria’s diversity remains our greatest strength. Let us avail ourselves of the time provided by the holiday season to strengthen the bonds of brotherhood that unite us across all faiths and regions,” he said.
Senator Shettima assured Nigerians of the continued vigilance of the nation’s security forces, noting that “our brave security personnel will continue to work round the clock during this festive period to keep us safe.”
He said enhanced security measures have been put in place to protect the citizens during the holiday period.
“The relevant agencies have been mobilized to ensure your safety and comfort on all major routes,” he stated, urging travelers to remain vigilant.
VP Shettima expressed optimism about the nation’s trajectory in the coming year, saying, “I am filled with hope and optimism about Nigeria’s future. Together, we will build a more prosperous and united nation.
“To our young people, you are the backbone of our nation. The Renewed Hope administration is implementing various initiatives to create opportunities for you to thrive and contribute to Nigeria’s development,” he added.
NEWS
Yuletide: Adeleke Rejoices With Christians
Osun State Governor, Senator Ademola Adeleke has felicitated Christians in Osun State and beyond on the occasion of the 2024 Christmas celebration, urging them to follow Jesus Christ’s example of compassion and tolerance.
Biztellers reports that Gov Adeleke described the birth of Jesus Christ as a defining moment for mankind, in a statement in Osogbo on Tuesday.
He described the festive season as a solemn reminder of the power of love and how it can save humanity.
ALSO READ: Archbishop Martins Champions Clamour For Better Life For Nigerians
While recognising unity and togetherness as an important message that Jesus Christ’s life resonates, Gov Adeleke charged Osun people, particularly Christians, to draw from the spiritual import of the celebration by sharing love and fostering harmony in communities.
In his words, “I extend my warm wishes to Christian faithful in Osun state and beyond as we mark this year’s Christmas. The birth of Jesus Christ is a manifestation of the power of love and remind us of the essence of compassion,” the Governor noted in his message.
“In the mood of celebration, I urge us to take a moment to reflect on the message of renewal that the birth of Jesus Christ signifies, promoting activities that will unite not divide, build not destroy, and bring peace not conflict.
“It is also my sincere appeal that we extend hands of kindness to the needy and the weak in the society, spreading love and generosity beyond borders. That is the essence of Christmas and it is most essential that at a time like this, no one is left to their fate.”
NEWS
Archbishop Martins Champions Clamour For Better Life For Nigerians
Archbishop Alfred Adewale Martins, of the Catholic Archdiocese of Lagos, has enjoined all Nigerian leaders to be more sensitive to the yearnings of the people for a better life.
This was contained in a 2024 Christmas Message to Nigerians issued in Lagos under the signature of the Director of Social Communications, Very Rev. Fr. Anthony Godonu.
According to the Archbishop there is an urgent need for a better enabling environment to allow businesses thrive in a bid to reduce the high rate of unemployment and the grinding poverty in the land.
He urged leaders to prioritise the welfare of citizens over personal needs in addressing the widespread hunger, poverty, joblessness, and insecurity ravaging the nation.
ALSO READ: Tinubu Sends Hearty Christmas Greetings To Christians Worldwide
In his words, “Even in the face of policies that are deemed to have positive results in the long-term, such as the removal of fuel subsidies, floating of the naira and the new tax reforms initiative, governments must ensure that the immediate welfare of people is not neglected but factored into the planning and execution of such policies. This is necessary, if the people for whom the policies are being made are not to die before the positive results begin to manifest.
“At the same time, government spending must be prudent and compassionate. In addition, it is necessary to pay more attention to the agricultural sector so that food security can be ensured for overall benefit.”
The Prelate described as very sad and depressing the recent loss of several lives of innocent Nigerians in Ibadan, Abuja, and Anambra in their quest to access food palliatives owing to pervading hunger across the country.
He considered it worrisome that many Nigerians now find it difficult to purchase necessities of life, especially during this festive season that should be a period of merriment, sharing of love, food, and other essentials, which are the hallmarks of the Christmas season.
To forestall a reoccurrence of such ugly incidents, the prelate urged governments, at both federal and state levels, as well as the legislative assemblies, to identify and quickly fix the loopholes in the polity that are responsible for the massive poverty and hardship which Nigerians are facing.
He advocated the appraisal of the nation’s existing laws and enactment and enforcement of only proactive policies that would open the business environment, attract investors, and create more jobs so that the citizens can afford their basic needs; rather than depend on palliatives that offer only temporary relief.
The prelate urged substantial investments in the agricultural sector of the economy to ensure the availability of basic foodstuffs; thereby reducing the high cost of essential food items like rice, beans, onions and grains.
“If citizens have food in their homes, people will not endanger their lives while scrambling for palliatives in the way it happened,” he noted with sadness.
While praying for the souls of those who died in the recent stampedes in parts of the country, he also commiserated with those who lost their loved ones, praying that Jesus, the Prince of Peace would bring solace to the afflicted, comfort to the grieving, and hope to the despairing.
“This special season reminds us of the profound love of God, who sent His only Son to redeem humanity. May the light of Christ illuminate our lives, dispel darkness, and fill our hearts with love, compassion, and kindness. As we gather with family and friends, let us not forget those who are less fortunate, the vulnerable and the marginalised. May our celebration be a catalyst for acts of charity, generosity, and solidarity,” he stated.