Connect with us

NEWS

S’Court Upholds Ex-BPE Chief’s Jail Term

Published

on

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.

3 Comments
0 0 votes
Article Rating
Subscribe
Notify of
3 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
ออกแบบตกแต่งภายในบ้านหรู

822364 693796A thoughtful insight and ideas I will use on my blog. Youve obviously spent plenty of time on this. Thank you! 182098

Aster Dex Trading
9 months ago

119436 838903Immer etliche Firmen bentzen heutzutage Interimmanagement als innovatives und ergnzendes Gertschaft i. Spanne der Unternehmensfhrung. Denn hiermit wird Kenntnisstand leistungsfhig, bedarfsgerecht und schnell ins Unternehmen geholt. 527829

รับจด อย
9 months ago

369207 388398Wonderful post will likely be linking this on a few websites of mine maintain up the good function. 88411

NEWS

Kidnappers Demand N200m to Free Abducted Kebbi High Court Judge

Published

on

The abductors of a Kebbi State High Court judge, Justice Faruku Bunza, have demanded N200 million as ransom for his release following his abduction from his residence in Bunza Local Government Area.

The ransom demand was confirmed on Tuesday by the Kebbi State Commissioner of Police, Umar Hadejia, and the judge’s brother, Yusuf Bunza.

Justice Bunza was kidnapped in the early hours of Sunday from his home along Zogirma Road in Bunza, prompting a swift security response.

SEE MORE: Bandits Kidnap Kebbi High Court Judge in Midnight Home Invasion

Speaking on the development, Commissioner Hadejia said police had launched an intensive operation to rescue the judge unharmed and apprehend those behind the abduction.

According to him, intelligence gathered during the operation revealed that the kidnappers were demanding N200 million for the judge’s freedom.

He disclosed that a combined team of security operatives had been deployed to comb suspected escape routes, while strategic checkpoints had been mounted across key locations believed to have been used by the abductors.

The police commissioner expressed confidence that the ongoing operation would lead to the safe rescue of Justice Bunza and the arrest of the kidnappers.

Hadejia further revealed that the family informed the police that the abductors had contacted a registrar of the High Court in Abuja to begin negotiations over the ransom demand.

Confirming the development, the judge’s brother, Yusuf Bunza, said the kidnappers had also reached out to him.

“Yes, they contacted me; they asked for N200 million from the family. We don’t know what to do now but we believe the authorities and security operatives are doing their duty to secure his release,” he said.

The abduction has heightened concerns over the security of judicial officers and the persistent threat of kidnapping across parts of the country, as security agencies continue efforts to secure the judge’s safe release.

Continue Reading

NEWS

Ogun Students Shut Down Abeokuta-Lagos Expressway After Colleague’s Killing

Published

on

Woman Dies After Setting Self Ablaze Over N70,000 Loan In Ogun

Students of DS Adegbenro ICT Polytechnic, Itori, Ogun State, on Tuesday shut down the Abeokuta-Lagos Expressway in protest following the killing of one of their colleagues during a robbery attack on a student community behind the institution.

The protest, which caused heavy traffic congestion along the busy highway, erupted after suspected armed robbers invaded Eruku Community, where many students reside, in the early hours of Tuesday.

According to the Rector of the polytechnic, Dr Goke Rafiu, the attackers raided about 15 houses in the community, killing one student and leaving three others injured.

SEE ALSO: Dangote Granite Mines Boosts Access to Education with Bursary Awards for Ogun Host Community Students

“What happened was that some armed robbers raided about 15 houses in Eruku where some of our students are living. The community is actually behind the school, and during the attack, one of the students was killed while about three others were injured,” Rafiu said.

He disclosed that one of the injured students had been taken to the Federal Medical Centre (FMC), Abeokuta, for treatment.

“We are currently in the community with police officers and members of the institution’s management team, including the Chairman of the Governing Council, Ambassador Toye Okanlawon, to chart the way forward,” he added.

The rector appealed to the protesting students to remain calm, assuring them that the Ogun State Government, security agencies and community leaders were working to improve security around the institution.

Following the tragic incident, the institution postponed examinations scheduled for Tuesday, July 28, and Wednesday, July 29, to honour the deceased student and allow affected students time to recover emotionally.

In a statement signed by the Chairman of the Timetable, Examination and Academic Calendar Committee, Gideon Adekunle, the institution said: “Following the unfortunate incident that resulted in the loss of a student and injuries to others during a robbery attack in Eruku, the examinations scheduled for Tuesday, July 28, and Wednesday, July 29, have been postponed.

“This is to ensure students in the affected area regain their composure and mental stability, and most importantly, to honour the deceased.

“Examinations will resume on Friday, July 30, 2026, as scheduled. A new timetable for the postponed examinations will be communicated in due course.”

The Students’ Union Government President, Comrade Owoigbe Blessing, said the robbers struck around midnight, killing a final-year Higher National Diploma (HND II) student.

“One final-year HND II student was killed, another female student was injured after her ear was severed, while another student who was shot has been rushed to the Federal Medical Centre,” she said.

She called on the Ogun State Government to strengthen security around the institution, lamenting that robbery attacks had become a recurring problem in Eruku Community.

“There is no adequate security. If there was, this would not have happened. This is not the first, second or even third time such an incident has occurred in Eruku,” she said.

Also reacting, the Chairman of the National Association of Nigerian Students (NANS) in Ogun State, Comrade Olabode Faruq Success, condemned the rising insecurity around tertiary institutions in the state and called for urgent intervention to protect students.

Continue Reading

NEWS

Fubara Corrected His Mistakes, Returned to the Right Political Family – Wike

Published

on

Wike States Preference for Elected Positions

Minister of the Federal Capital Territory (FCT), Nyesom Wike, has described Rivers State Governor Siminalayi Fubara’s reconciliation with his political camp as a correction of past mistakes, insisting the governor had no better alternative than returning to the political family that brought him to power.

Speaking with journalists on Tuesday after inspecting ongoing road projects across the Federal Capital Territory, Wike dismissed claims that Fubara’s return was an act of seeking forgiveness following their prolonged political feud.

SEE MORE: How British Airways Records Foiled Alleged $2m Blackmail Plot Against Me — Wike

According to the former Rivers State governor, politics is not about sin but about recognising mistakes and making the right decisions.

“I don’t know what you mean by sin. In politics, there is no sin. If someone realises they made a mistake and decides to correct it, there is nothing wrong with that. Politics is not a sin. What matters is recognising that you were on the wrong path and making the right decision,” Wike said.

Wike recalled that he had predicted the reconciliation before Fubara publicly announced it, maintaining that the governor had no choice but to return to the political structure that produced him.

“I said during my last media chat that he had no other choice but to return to the same political family that produced him. I have now been informed that he has made that declaration publicly, and we welcome him. Our doors are open. Everyone is welcome for us to work together. There is no better alternative. We will all work together to move the state forward,” he stated.

The FCT minister added that Fubara’s public declaration of reconciliation would further strengthen efforts to mobilise support for President Bola Tinubu’s re-election ahead of the 2027 general election.

“He has publicly stated that he has returned to where he started, and we receive him with an open mind. There is nothing to hide. We will all work together to ensure that we deliver the votes President Tinubu needs for his re-election,” Wike added.

The minister spoke while inspecting major infrastructure projects in the FCT, including the ISEX Road Corridor and the nearly completed Apo-Karshi Road.

Expressing satisfaction with the pace of work, Wike said the Tinubu administration remains committed to completing inherited projects rather than abandoning them, noting that continuity in governance is essential for development.

He explained that the ISEX Road project, awarded in 2014 but left incomplete by previous administrations, is expected to be partially completed before the end of the year if the necessary funds are released.

Wike stressed that completing ongoing infrastructure projects would protect public investments, improve connectivity and accelerate economic growth across the Federal Capital Territory.

Continue Reading

Copyright © 2022. Biztellers, powered by Alphaxristi.

3
0
Would love your thoughts, please comment.x
()
x