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Court orders Ex Governor Ifeanyi Okowa to account for over N200bn education funds, allocations

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The Federal High Court sitting in Lagos, in a landmark judgment, has “ordered the disclosure of the spending details of over N200bn public funds collected by the government of former Delta State governor Ifeanyi Okowa from the Universal Basic Education Commission [UBEC] fund and allocations from the Federation Accounts.”

The court ordered the Delta State Governor Sheriff Oborevwori to “disclose details of budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State, and the locations of such projects.”

The judgment was delivered by Honourable Justice Daniel Osiagor, following a Freedom of Information suit number: FHC/L/CS/803/2019, brought by Socio-Economic Rights and Accountability Project (SERAP).

In his judgment, Justice Osiagor held that, “SERAP has cognizable legal right to inquire and know the way and manner public institutions manage public funds. I must say, that every citizen has a duty to demand transparency and accountability in governance of public institutions.”

Justice Osiagor also stated that, “Why should a request for details of disbursement and spending of public funds between 2015-2019 by Delta State be a cause of litigation for four years? Public officials are fast developing a state of anomie and cold feet when confronted with request for audit report of public duties and budgets.”

Justice Osiagor ordered the Delta State government to “disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.”

SERAP’s suit followed the case of seven year-old Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900, and the poor-quality of her Okotie-Eboh Primary School 1. Miss Success had, in a viral video in March 2019 said, “No be say I no go pay, dem go flog, flog, flog, dem go tire.”

Justice Osiagor ordered the government to “disclose details of the primary schools that have benefited from the projects carried out on access to free and quality primary education in Delta State, and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.”

Justice Osiagor also ordered the government to “disclose specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State, including details of government’s fee-free programme, if any, across primary schools in Delta State.”

Justice Osiagor dismissed all the objections raised by the Delta State government, Universal Basic Education Commission [UBEC] and the Delta State Universal Basic Education Board and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the three respondents.

Justice Osiagor’s judgment, dated 17 July, 2023, read in part: “SERAP’s application cures so much disinformation in the public space. The request by SERAP falls within the categories of records accessible by the public.”

“However, public institutions are becoming increasingly hysterical upon any request served on them for information bordering on accountability.”

“The arguments of the Delta State government and the Delta State Universal Basic Education Board (SUBEB) that the Freedom of Information Act applies to only Federal Government officials cannot be sustained as public institutions are defined in Section 31 of the Interpretation section to include State institutions.”

“Besides, any State Freedom of Information Law that runs contrary to the Federal legislation to the extent of the inconsistency shall be void. See Section 4(5) of the Constitution of Nigeria, 1999 [as amended]. National Assembly’s legislative powers is for the peace, order and good government of Nigeria.”

“The Delta state government’s reliance on the Delta State Freedom of Information Law, 2019 is inappropriate in this case. The retrospective application of the Delta State piece of legislation is hollow as it cannot divest the vested rights of SERAP.”

“The Freedom of Information Act was the only piece of legislation applying to Delta prior to the filing of this suit by SERAP by the doctrine of covering the field. I am not unmindful of the concurrent powers of legislation between the Federal and State legislatures. There is therefore no feature depriving this court of jurisdiction.”

“Besides, the Delta State procedural step is inapplicable as it was not in existence when this cause of action arose. I therefore hold that SERAP has effectively triggered the application of the Freedom of Information Act by their letters of April, 2019 placing demands for information from the Delta State government.”

“The Freedom of Information Act is a liberalized piece of legislation did not place a burden on an Applicant but rather to the contrary places a burden on the public institution/official that the request is forwarded to. See Section 1[2] of the Act which provides: ‘an applicant under this Act needs not demonstrate any specific interest.”

“The piece of legislation therefore clothed SERAP with the firm ground to apply and demand the Delta State government to within 7 days respond to the request. For all I have been postulating herein, I find merit in the application by SERAP and grant all the reliefs as sought.”

“The Delta State government and the Delta State Universal Basic Education Board neither responded to the letters by SERAP nor complied with the demands, hence this action for mandamus to compel them under the Freedom of Information Act.”

“SERAP’s action therefore, puts the provisions of the Freedom of Information Act to a litmus test regarding the right of an NGO to seek and obtain information from the public archives or records.”

“The Freedom of Information Act should be commendable in this Democratic dispensation as its implementation becomes a derivative action underpinning Section 39 of the Constitution of Nigeria, 1999 [as amended] of the freedom of expression and holding opinions.”

“In the letter dated 29 July 2023 sent to Governor Sheriff Oborevwori on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We note your stated commitment in your inaugural speech ‘to deliver good governance to our people.’ We therefore urge you to immediately obey and respect the judgment of the Court.”

SERAP’s letter, read in part: “We urge you to invite the former State governor Ifeanyi Okowa and to direct the Delta State Universal Basic Education Board to explain the spending of the education funds and to immediately compile and disclose the spending details of the funds as ordered by the court.”

“By immediately complying with the judgment, your government will be sending a powerful message to politicians and others that they will be held to account even when out of office.”

Mr Okowa was the vice presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general elections. Joined as defendants in the suit are the Universal Basic Education Commission [UBEC] and the Delta State Universal Basic Education Board (SUBEB).

Justice Osiagor granted the following orders of mandamus:

AN ORDER OF MANDAMUS is hereby made directing and compelling the Delta State Governor and Delta State government to provide SERAP with the following information:

[a] Details of budgetary allocations and actual spending by Delta State Government between 2015 and 2019, including specific projects carried out to improve access to free and quality primary education in Delta State, the locations of such projects and the primary schools that have benefited from the projects.

[b] Specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State.

[c] Details of Delta State Government’s fee-free programme, if any, across primary schools in the Delta State and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.

[d] Details of specific projects by Delta State Government to improve access to education for children with disabilities.

AN ORDER OF MANDAMUS is hereby made directing and compelling the Universal Basic Education Commission [UBEC] to provide SERAP with the following information:

[a] Details of disbursement and administration of Universal Basic Education Commission (UBEC) funds disbursed through the Delta State Universal Basic Education Board to the Delta State Government.

[b] Details of reports, if any, made to UBEC by the Delta State Government on specific projects carried out to ensure improvement of access to free and quality primary education in Delta State between 2015 and 2019, the locations of such projects and the primary schools that have benefited from the projects.

[c] Details of Delta State’s fee-free programme, if any, across primary schools in the state and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.

[d] Details of specific projects by the Board to ensure improvement of access to education for children with disabilities.

 

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AIR PEACE ADDRESSES IN-FLIGHT THEFT INCIDENT ON FLIGHT P47190

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We confirm an incident of in-flight theft onboard Flight P47190 on February 19, 2025. The airline reiterates its unwavering commitment to passenger safety and security and has taken decisive action in response to the situation.

During the flight, a passenger was found in possession of a missing item following a thorough search conducted upon landing at Port Harcourt International Airport (PHC). The suspect was subsequently handed over to the airport police for further investigation and necessary action.

Air Peace is deeply concerned by the rising trend of in-flight thefts observed in recent weeks. To curb this menace, the airline is implementing enhanced surveillance measures onboard its flights. Cabin crew members have been advised to heighten their vigilance throughout the journey, and in-flight announcements will be intensified to sensitize passengers on the importance of securing their belongings and reporting any suspicious activities immediately.

Furthermore, the airline is taking a firm stance against such criminal acts by recommending the blacklisting of the identified suspect, reinforcing its zero-tolerance policy for any misconduct that compromises the safety and comfort of passengers.

Air Peace remains committed to delivering a safe, secure, and world-class travel experience for all passengers. The airline urges the public to cooperate with its security protocols and report any suspicious behaviour to ensure a seamless and enjoyable journey for everyone.

 

 

SIGNED

Dr. Ejike Ndiulo

Head, Corporate Communications

Air Peace Limited

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Court orders final forfeiture of Emefiele’s $4.7m, N830m, properties

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A federal high court in Lagos has ordered the permanent forfeiture of $4.7 million, N830 million, and properties linked to Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN).

 

Yellim Bogoro, the presiding judge, granted the final forfeiture application brought by the Economic and Financial Crimes Commission (EFCC), in a judgement delivered on Friday.

 

The funds, now forfeited to the federal government, were held in First Bank, Titan Trust Bank, and Zenith Bank accounts managed by individuals and entities including Omoile Anita Joy, Deep Blue Energy Service Limited, Exactquote Bureau De Change Ltd, Lipam Investment Services Limited, Tatler Services Limited, Rosajul Global Resources Ltd, and TIL Communication Nigeria Ltd.

 

 

Properties affected by the interim forfeiture include 94 units of an 11-floor building under construction at 2 Otunba Elegushi 2nd Avenue, Ikoyi, Lagos; AM Plaza, an 11-floor office space on Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1 on Esa Street, Imoore Land, Amuwo Odofin LGA, Lagos; Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro, Owolomi Village, Ibeju-Lekki LGA, Lagos; and two properties purchased from Chevron Nigeria, located in Lakes Estate, Lekki, Lagos.

 

 

Additional properties include a plot at Lekki Foreshore Estate Scheme, Foreshore Estate, Eti-Osa, LGA; an estate at 100 Cottonwood Coppel Texas Drive, Coppel, Texas, owned by Lipam Investment Services; land at 1 Bunmi Owulude Street, Lekki Phase 1, Lagos; and a property at 8 Bayo Kuku Road, Ikoyi, Lagos.

 

Justice Bogoro held that all these properties and funds are proceeds of unlawful activities which are bound to be forfeited to the Federal Government of Nigeria.

 

 

The judge held: “I find that the activities of the respondents here were unlawful. Why should they have a problem of dollars immediately Godwin Emefiele left CBN as a governor of the Bank and salary could not be made?

 

“I hold that they are not legitimate business activities.

 

“I hold that Anita Omoile is a close crony of the former CBN governor Godwin Emefiele who has been given undue influence to unlawfully sway dollars from CBN.

 

 

Consequently, I find that all the monies and properties in the schedule are finally forfeited to the Federal Government of Nigeria.”

 

The EFCC through its counsel Rotimi Oyedepo SAN had cited Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and Section 44(2)(b) of the Nigerian Constitution in its application, seeking an interim forfeiture on the grounds that the funds and properties were suspected to be proceeds of unlawful activities.

 

Justice Bogoro, finding merit in the EFCC’s application, ordered the interim forfeiture and mandated the publication of the order in a national newspaper.

 

 

Following the failure of the defendants or anyone else to prove that the funds legitimately belonged to them, the judge then made the interim order permanent.

 

Today’s order is another testament to the EFCC’s commendable assets recovery and anti-corruption efforts under its Executive Chairman Mr Ola Olukoyede.

 

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Halt campaign against NNPC’s progress

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By: Emmanuel Akanni

 

The Nigerian National Petroleum Company Limited (NNPC Ltd.) has again been the target of a deliberate misinformation campaign aimed at tarnishing its reputation and undermining the remarkable strides it has made recently.

 

 

After failing to discredit the accomplishments of the Mele Kyari-led management—most notably the revitalisation of the 60,000-barrel-per-day Port Harcourt Refinery, which had been non-operational for over 30 years, and the successful restreaming of the Warri Refining & Petrochemicals Company on December 30, 2024—critics have turned to spreading false claims about the quality of fuel supplied by NNPC Ltd.

 

In a recent viral video, a content creator claimed to have bought a litre of Dangote petrol from the MRS filling station in Lagos at N925 and another litre of PMS from an NNPC station at N945. The video showed two new generators running the fuel, and according to him, the generator running the NNPCL fuel stopped after 17 minutes, while the Dangote petrol lasted for 33 minutes.

 

 

Of course, the controversial video was sponsored to damage the reputation of NNPC Ltd, having recorded major milestones under Kyari. The video, which was done in bad faith, portrayed the NNPC Ltd. as a supplier of substandard fuel, an allegation too weighty to be overlooked.

 

Dismissing the claims, Olufemi Soneye, the Chief Corporate Communications Officer at the NNPC Ltd., said, “The Nigerian National Petroleum Company (NNPC) Ltd strongly refutes the false and misleading allegations made in a viral video circulating online, which claims that NNPC fuel does not last. This assertion is baseless and entirely unfounded, originating from unverified and amateur research that lacks credibility, accuracy, and professional oversight.”

 

 

The NNPC Ltd reaffirmed that its fuel was carefully formulated with one of the best compositions, ensuring optimal efficiency, durability, and environmental sustainability for consumers.

 

 

“Furthermore, it is important to emphasize that a significant percentage of Premium Motor Spirit (PMS) sold at NNPC retail stations in Lagos—where this deceptive video was created—is sourced from the Dangote Refinery, a strategic partner in promoting local production and energy security. Dangote Refinery adheres to strict industry standards, guaranteeing the quality of petroleum products supplied to our consumers,” NNPC Ltd. added.

 

According to Soneye, the misleading video was another desperate attempt by economic saboteurs to misinform the public and tarnish NNPC Ltd’s reputation.

 

 

Vowing that the NNPC would no longer tolerate malicious and deliberate misinformation designed to undermine its operations and mislead Nigerians, the company warned of dire legal consequences for the merchants of misinformation and campaigners of calumny against it.

 

 

“Henceforth, NNPC Ltd will take firm legal action against individuals or groups who intentionally spread falsehoods about our brand and operations. Those engaged in such malicious activities will be held fully accountable under the law,” Soneye added.

 

The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN), after thorough testing, condemned the amateurish video and submitted that the fuel supplied by NNPC  Ltd. meets the highest industry standards.

 

 

“We urge content creators not to joke with sensitive matters that can collapse the economy,” said Billy Gillis-Harry, the PETROAN president.

 

The viral video lacks scientific proof, inappropriate, offensive and unethical. The content creator should have opted for laboratory analysis and not a social media stunt aimed at discrediting a particular brand against the other. It was a bad comparative and combative advertising dangerous to both brands.

 

The sustained campaign to demarket the NNPC Ltd started after the company, under Kyari’s sound leadership, reopened the Old Port Harcourt Refinery on Tuesday, November 26, 2024, apparently to the disappointment of forces against the revival of the country’s four refineries.

 

Attempts by sceptics to rubbish the achievement recorded with the Port Harcourt refinery were roundly repudiated by the NNPCL, workers at the refinery, experts, and delegates from the Presidency, Nigeria Labour Congress, Trade Union Congress, Petroleum and Natural Gas Senior Staff Association of Nigeria, and Nigeria Union of Petroleum and Natural Gas Workers. However, traducers will stop at nothing to carry out their nefarious agenda.

 

Let it be known that those fabricating lies to destroy NNPC’s reputation are fighting a lost war. Nobody can demarket a company that is doing well and consistently breaking new ground. From what was believed to be a cesspool of corruption to an organisation guided by sound management, transparency and corporate governance, Kyari and his team are doing a good job. The NNPC Ltd remains steadfast in its mission to ensure fuel availability, affordability, and quality for all Nigerians while maintaining global industry standards.

 

Of course, the coming of the $23 billion Dangote Refinery has changed the Nigerian downstream landscape igniting competition and a recent price war; such development is welcome and the expectation is that demand and supply forces would continue to drive the market. It is, however, important to keep the competition healthy and virile. No need to demarket one another. The downstream market should be a level playing field for all.

 

Recall that Kyari played a pivotal role in supporting the Dangote Refinery by securing a $1 billion loan backed by NNPC’s crude reserves. The strategic move not only addressed liquidity challenges but also ensured the successful completion of Dangote Refinery.

 

This, according to NNPC Ltd., underscores Kyari’s commitment to fostering public-private partnerships that deliver long-term value to the nation.

 

The NNPCL boss was said to have considered the investment in the Dangote Refinery as a strategic move aimed at strengthening domestic fuel supply.

 

“A strategic decision to secure a $1 billion loan backed by NNPC’s crude was instrumental in supporting the 650,000-barrel-per-day Dangote Refinery during liquidity challenges, paving the way for the establishment of Nigeria’s first private refinery. This initiative underscores NNPC’s dedication to fostering public-private partnerships that drive national development,” Soneye, the NNPC spokesman, had said at a recent Energy Relations Stakeholder Engagement in Abuja.

 

The Kyari-must-go campaigners have also joined the smear campaign against NNPC Ltd., sponsoring opinion pieces and media publications in an attempt to undermine the company’s progress. However, no amount of negative rhetoric can diminish the achievements NNPC Ltd. has made under Kyari’s leadership.

 

Apart from the refineries, NNPC Ltd. under Kyari declared N3.297 trillion profit for the 2023 financial year, the highest in its 46-year history and an increase of over N700 billion (28%) when compared to the 2022 profit of N2.548 trillion. This, of course, has been credited to the stringent financial management strategies deployed by Kyari and his team.

 

In 2021, NNPC declared profit in its operations for the first time.  From a loss position of N803 billion in 2018, it reduced the loss further down to N1.7 billion in 2019.

 

However, in 2020, it posted its ‘first-ever’ profit of N287 billion, then in 2021, it recorded an N674.1 billion profit and in 2022, the profit grew to N2.548, an unprecedented achievement in its financial performance. In a company where profitability was like an anathema, Kyari has bucked the trend and changed the narrative by posting profit year-on-year.

 

Efforts to discredit NNPC Ltd. are futile in the face of the company’s impressive performance. While constructive criticism is welcomed, malicious campaigns to harm the company’s reputation are unacceptable. NNPC Ltd. should continue to fight against such attacks and stand firm in its commitment to serving the nation.

 

Emmanuel Akanni, an energy analyst, writes from Lagos.

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