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.
Former Vice President, Atiku Abubakar has criticized the federal government’s plan to secure an additional N1.7 trillion loan through Eurobonds to cover a shortfall in the 2024 budget, describing the borrowing as unsustainable and harmful to Nigeria’s economy.
In a statement shared on Thursday via his X (formerly Twitter) handle, Atiku accused the Bola Tinubu-led administration of burdening Nigerians with debt while failing to provide clear answers about the country’s fiscal challenges.
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He also faulted the National Assembly for enabling what he called a “voracious appetite” for loans.
The former Peoples Democratic Party (PDP) presidential candidate expressed alarm over a recent World Bank report ranking Nigeria as the third most indebted country to the International Development Association (IDA), calling the development troubling.
“The recent report released by the World Bank, showing Nigeria as the third most indebted country to the International Development Association (IDA), is very concerning,” Atiku stated.
He raised further concerns about the government’s decision to benchmark the proposed loan at an exchange rate of 1 USD to N800, despite the Central Bank of Nigeria’s official rate being over N1,600.
“What makes this particular loan proposal even more concerning is that it is benchmarked at the exchange rate of 1 USD to N800, whereas the current exchange rate from the Central Bank of Nigeria stands at over N1,600 to 1 USD,” he said.
Atiku questioned the need for additional borrowing, given the government’s earlier claims of record-high revenue collection.
“In July this year, Tinubu boasted that the FIRS and Customs under his watch had collected all-time high revenues to finance the budget. Why are they still borrowing?” he said
He accused the government of a lack of transparency, describing the borrowing spree as detrimental to Nigerians already struggling under economic hardship.
“There is something that they are not telling Nigerians, even as they are being crushed by a combination of their failed trial-and-error policies and loan rackets.”
Atiku also referenced a report by BudgIT, a budget monitoring group, which criticized the 2024 budget for its inefficiencies.
He alleged that corruption, rather than infrastructure or development needs, was driving the government’s borrowing decisions.
“These loans are powered by corruption and not for infrastructure and development needs. This voracious appetite for humongous loans is deeply concerning,” he said.
Reflecting on Nigeria’s financial history, Atiku lamented the return to significant foreign indebtedness just years after former President Olusegun Obasanjo’s administration cleared the country’s debt.
“It is agonizing to see that just a few years after the Obasanjo administration took us out of foreign indebtedness, we are today back at the top spot in the same conundrum,” he stated.
He called for a more cautious approach to borrowing, urging the government to prioritize fiscal responsibility and transparency to avoid worsening Nigeria’s economic challenges.
The International Criminal Court (ICC) has taken a historic step, issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
The charges include crimes against humanity and war crimes allegedly committed during Israel’s recent assault on Gaza.
In a detailed statement, the ICC accused the Israeli leaders of “intentionally and knowingly depriving the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”
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The ICC’s move marks a significant escalation in international scrutiny of the Israeli-Palestinian conflict. Netanyahu and Gallant are alleged to have orchestrated policies that caused severe harm to the civilian population in Gaza, leading to widespread condemnation from human rights organizations.
Alongside the charges against Israeli officials, the ICC also issued an arrest warrant for Hamas military commander Mohammed Deif. Deif has long been a central figure in Hamas’s military operations. Israel’s military claims to have killed him in a July airstrike, although this has not been independently verified.
The warrants highlight growing calls for accountability amid the ongoing conflict in the region. The ICC’s actions are likely to provoke heated debate and may complicate diplomatic efforts aimed at resolving the crisis.
With the warrants issued, global attention now turns to how the international community will respond and whether any practical steps will be taken to enforce them.
Governor Monday Okpebholo of Edo State has inaugurated a 12-member committee tasked with recovering government vehicles reportedly in private hands.
The committee, led by Kelly Okungbowa, has been given a two-week mandate to retrieve the vehicles and ensure their return to the state government.
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Speaking during the inauguration ceremony in Benin City, Governor Okpebholo emphasized the importance of accountability in the management of public resources.
He urged the committee to carry out its assignment thoroughly and within the bounds of the law.
In his response, Okungbowa expressed gratitude to the governor for entrusting the team with the assignment, vowing to deliver results within the stipulated timeframe.
“A lot of vehicles used by the past administration are missing, as those in custody of the vehicles have refused to return them,” Okungbowa said.
“The governor deemed it fit to inaugurate us today with a mandate to recover all government vehicles in private hands.”
The committee, which includes representatives from Edo’s three senatorial districts, is set to investigate and recover the vehicles based on credible intelligence already at their disposal.
“We already have vital information regarding some persons still holding government vehicles,” Okungbowa stated. “We will do the job according to the law, and both the government and the people will be satisfied with the outcome.”
He also called on members of the public to assist the committee by providing information about any government vehicles that may still be in private possession.
“We want to appeal to members of the public who might be aware of anyone still keeping government vehicles in their houses to please inform us to enable the committee to recover such for the Edo State Government,” Okungbowa said.
The committee’s vice chairman, Rt. Hon. Victor Edoror, a former Speaker of the Edo State House of Assembly, will work alongside other members to ensure the success of the initiative. The public can reach the committee at 08110165121.
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