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.
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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