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Critical Alarm on imminent telecom blackout in Kogi and other Nine (9) States including Abuja FCT – Call for urgent intervention.

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The Association of Licensed Telecommunications Operators of Nigeria (ALTON) wishes to express its concern about the shutting down of telecommunications facilities in Kogi State as a result of disputes arising from unusual taxes and levies demanded by the Kogi State Government through Its Kogi State Internal Revenue Service (KIRS).

 

This issue is likely to lead to a total communications blackout in the entire Kogi State, parts of Abuja the Federal Capital Territory and possible impact on service availability in some parts of the following States: Nassarawa, Benue, Enugu, Anambra, Edo, Ondo, Ekiti, Kwara, Niger States. These are States sharing borders with Kogi State.

 

This situation arises as a number of critical telecommunications sites belonging to our members have been closed and sealed up by Kogi State Government in an attempt to increase its Internally Generated Revenue IGR Collection.

 

This action followed an ex-parte court order obtained by the KIRS over unsubstantiated allegations that our members are in default of tax payments to the state government (which is not the truth) and access to these critical telecom sites has been denied.

 

As result of these actions by the state government, our members are unable to refuel power generators in these sites, a situation which has led to outage of over 70 sites including hub sites across parts of Kogi State. Now, with likely impact on Nine States surrounding Kogi (namely:- Nasarawa, Benue, Enugu, Anambra, Edo, Ondo, Ekiti, Kwara, Niger States. These are States sharing borders with Kogi State), and Abuja the FCT inclusive.

 

We are very concerned that this indiscriminate action has the potential of further leading to a total telecommunications outage in Kogi State with neighboring states and parts of the Federal Capital Territory adversely impacted.

 

 

 

To the best of our knowledge, our members have settled all statutory levies and taxes due to the Kogi State Government and have taken necessary steps to comply with local laws that govern business activities within Kogi State.

 

These are charges described as:

 

  1. Annual Right of Way (ROW) renewal
  2. Social Services contribution
  3. Employee Economic Development Levy,
  4. Mast site premises renewal
  5. Fire service yearly renewal,

 

Others are from the kogi State Environmental Protection Board on:

  1. Payment of environmental levy
  2. Failure to submit an environmental impact assessment report;
  3. Failure to register industry;
  4. Failure to submit environmental audit report every 2 years;
  5. Storage of petroleum products and radioactive materials without written permission from KSEPB;
  6. Failure to comply with setbacks to roads, power lines and rivers/streams; and
  7. Dumping of toxic or hazardous substances or hazardous substances or harmful waste without KSEPB approval.

 

ALTON is worried that the action by KIRS will jeopardize communication services provided by us to security agencies such as the Nigeria Police Force, the Armed Forces in addition and to other emergency and social services in Kogi and other neighboring states. This will include affecting communication links to Bank automatic teller machines (ATM) across those states.

 

The outage currently being experienced is already affecting the ability of our members to provide uninterrupted service delivery to Commercial Banks, Central Bank of Nigeria, the Nigerian National Petroleum Corporation and other critical agencies of government in the aforementioned locations.

 

It is pertinent to note that the office of the National Security Adviser to Mr. President has in the past communicated to the 36 state governments on the fact that telecommunications sites are Critical National Infrastructure (CNI). They are critical socio-economic and security infrastructure. The agency had strongly advised against sealing them as such actions would have negative implications on national security.

 

State Governments were encouraged to explore other means of resolving tax related disputes rather than sealing telecommunications sites. It is therefore worrisome that the KIRS continue to ignore such advice.

 

Our members have also made several overtures to Kogi State Internal Revenue Service KIRS in the past months in a bid to resolve the disputed issues amicably but the agency has remained adamant. Rather than resort to the Tax Arbitration Tribunal for intervention as is expected of a government agency, KIRS has resorted to subtle intimidation by getting the sites shutdown in a bid to coerce our members into accepting the illegal taxes and levies.

 

As an industry, this situation is very worrisome and of great concern and we hereby call on His Excellency, The President of the Federal Republic of Nigeria, the Vice President of the Federal Republic of Nigeria, who is driving the Presidential Enable Business Council on Ease of doing business in Nigeria to prevail on the Kogi State Governor His Excellency, Yahaya Bello (a Presidential Aspirant) to reign in on the matter to prevent a total blackout in communications services in Kogi, FCT and other Nine States of the Federation which are now under threat due to what is happening to our network in Kogi State.

News and Report

World Malaria Day 2024: Moment of Excitements and Gratitude as Shalina Gives Back to the Society

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It was a moment of great excitement and gratitude, as a leading multinational pharmaceutical company in Nigeria, Shalina Healthcare marked this year’s World Malaria Day with a variety of events to create awareness about the deadly disease and at the same time use the opportunity to give back to the people. The WMD activities powered by Shal’Artem, (a brand of Antimalaria from Shalina Healthcare) Commenced at Campos Mini Stadium, Lagos Island on April 21st and ended at Ayangburen Market, Sabo, Ikorodu; Lagos on Thursday 25th 2024.

Speaking on the main concept of the activities, Mr Chiuba Nwaosu, the Marketing Manager, Shalina Healthcare said; “the brands effort was to accelerate the fight against Malaria to a new level via infusing Sport, entertainment, Sanitation, Free test & treatment exercise to raise awareness about malaria.

The football match, titled “Join the Cast” with Shal’Artem as official antimalarial, and Rear Admiral Anakwe as the Special Guest of Honor, also had active participation of some top Nigerian celebrities and entertainers like Frank Idoho, Ali Baba, I Go Save, Akpororo amongst others.”

This was followed by a wide scale Free Clean up exercise across 3 Markets in Ikorodu Lagos (Sabo, Alison & Ladega) to emphasize the importance of a clean environment to prevent the breeding of Mosquitoes.

The exercise ended with free malaria testing & prompt treatment of positive cases with Shal’Artem. Over 300 ecstatic market men, Women, Children & Artisans received free gifts at the end of the screening exercise.

The brand gesture is a commitment to ensuring that every Nigerian has a right to quality, affordable & accessible healthcare.

Appreciating the company, the Iyaloja of Ayangburen Market, Sabo, Ikorodu, Alhaja Mutiat Abeni Ojulari said, “Shalina has done greatly with this gesture. Free drugs and medical tests are very necessary at this time. We are very grateful to them for thinking about us. I pray that God will bless the company and everyone involved.”

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Yahaya Bello: EFCC now a judge in its own cause

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By Sabiu Gaya

 

On Tuesday, April 23, 2024, Mr. Ola Olukoyede, Chairman, Economic and Financial Crimes Commission (EFCC) in the full glare of the media and diverse global audiences passed a verdict of ‘guilty’ on Yahaya Bello, former governor of Kogi State.

 

It was a crude enactment of the Latin phrase, ‘Nemo judex in causa sua’ which roughly translates as:  No man can judge his own cause; or be a judge in his own cause. At a media briefing in which senior editors were present, Olukoyede waxed emotional as he convicted Bello before the media and before the world. In his now trending video, the EFCC Chair did not allege that Bello embezzled funds from Kogi treasury, he said pointedly that the former governor stole from a state as poor as Kogi.

 

With a microphone and right before the media, Olukoyede gave a vivid account of how the former governor allegedly withdrew money from the state coffers to pay for his children’s school fees upfront. This is something an EFCC witness should be telling the court, not EFCC Chairman telling the media. He even threatened to resign if Bello was not prosecuted to the end.

 

He was emotional as he was recklessly showy in his theatrics to tar Bello, still a suspect until pronounced guilty by a court of law, in the darkest colour of ignominy.

There is a huge difference between law and emotions. Cases are determined on documentary evidence, not on the whims of emotions.

 

Debating the details of a Charge Sheet in the media by the prosecutor is not only sub-judice but also an affront on the defendant’s constitutional right to fair hearing. Why is EFCC engaging in needless drama if it has established a prima facie case against Bello? And why should the Chairman of the commission be the person huffing and puffing with a microphone before the media in a matter that is already active in court?

 

What the EFCC chair did was both morally and legally wrong. For a case that is already active in court, you don’t go with full throttle in the public space to be adjudicating on the matter and passing off statements that tendentiously suggest that Bello was already guilty before ever enjoying as much as a whiff of fair hearing in the court of law. Olukoyede as EFCC chairman has a dog in this fight with the Kogi ex-governor. He is the investigator and prosecutor, not the judge. EFCC is not the court either. But from what any discerning mind could glean off from the EFCC Chairman’s show on Tuesday, he has become the judge in his own cause, an abuse of a long-established legal dictum.

 

The EFCC is not a trial institution. The issue of guilty or not guilty is for the court to determine. Bello has approached the court to enforce his fundamental human rights, an inalienable right he is constitutionally entitled to. He got a restraining order barring the EFCC from arresting, harassing and prosecuting him. The EFCC appealed the order but lacked the discipline to wait for the court to vacate the order. Rather, the EFCC stormed Bello’s residence without a warrant of arrest but with full media coverage.

 

What manner of anti-graft agency is that? Jettisoning procedural route and embracing brigandage as the EFCC has done in the Bello case as in other notable cases makes people infer that no suspect will get fair hearing with the EFCC.

As it now stands, Bello is not assured of fair hearing if the EFCC Chairman could all but pronounce him guilty at a media briefing. This is not a prosecutorial procedure. It is persecution, crass and crude.

 

In a matter of this nature, once the case is before the court, the EFCC has no business with investigation. In a season when President Bola Tinubu and many senior lawyers are advocating for justice reforms, the EFCC is slipping deeper and deeper into the abyss of impunity and utter disregard for the rule of law. This is unacceptable as it is condemnable. Olukoyede’s actions these past weeks amount to subtle intimidation of the judges ahead of the real legal fireworks. That is not fair hearing. Justice is only said to have been done when there is fair hearing. It is actions of persons like Olukoyede and institutions like the EFCC that has made Nigerians to lose confidence in the judiciary.

An institution of justice, especially an investigating and prosecutorial institution like the EFCC ought to be diligent in its investigation, hence it is termed “discreet investigation.” If the EFCC has done its job of investigation very well and it has as much as established a prima facie case against Bello or any other person, it should head to court and save the nation the resources, time and drama of effecting arrest and taking the defendant into custody.

 

Ab initio, the EFCC has not been fair to Bello. The revelation by the EFCC Chair that he put a call across to Bello further begs the issue. Why call him or even accord him special privileges? In the eyes of the law, Bello is just another Nigerian citizen shorn of immunity, though a former governor. But even as a suspect, he is entitled to his fundamental human rights.

 

One of such rights is that he is presumed innocent until proven guilty by a court of competent jurisdiction. But EFCC is abridging such right. Its Chairman is now the one pronouncing Bello guilty via the media. It is an insult on the legal profession, lawyers and the court system. It is actions like this that have made Bello’s legal team to wonder if their client will ever get fair hearing and justice when the legal maelstrom begins.

 

Bello’s legal team has stated that the former governor is not running away from the court of law. They insist Bello believes in the judiciary, hence he approached the Kogi High Court to enforce his fundamental human rights. But they fear that with the body language of Olukoyede and his pronouncements lately, their client will be subjected to the most inhuman treatment not inside the court room but in the custody of an already biased EFCC. Olukoyede should tread lightly for the sake of the image of the commission.

 

 

·       Gaya, lecturer and public policy analyst, writes from Kano.

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Breach of contract: Shell sues Venture Global in US court

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•As NLNG risks sanctions from UK court

Following restriction of Liquefied Natural Gas LNG supply to its customers, Shell PLC has made claims against Venture Global LNG(VGL) a United States based LNG exporter, for its breach of contract to supply LNG cargoes.

Also, Nigeria LNG may risk sanctions from a UK High Court for a similar breach of an LNG supply contract.

Both Venture Global LNG and NLNG have been facing hurdles in the United States and in the United Kingdom for its breach of contract in a relatively similar fashion.

While Shell Plc filed its claim with U.S. regulators, the NLNG breach, has now been advanced to the UK High courts for further litigation.

Nigeria LNG is challenging the enforceability of the arbitral award’s demand order, issued by the arbitration panel.

According to Reuters report, Shell Plc has escalated its dispute with Venture Global LNG.

It accused the liquefied natural gas producer of restricting supply access to it and other customers, while exporting over $18 billion in LNG.

In a letter sent to the Federal Energy Regulatory Commission, Shell requested the commission to compel Venture Global LNG to disclose plant commissioning data to clarify the cause of delayed commercial operations.

Shell and other European companies say they contracted with Venture Global LNG but did not get their gas cargoes under long-term contracts.

They alleged that Venture Global LNG has been selling gas from the plant for more than a year to others, costing them billions in lost profit.

On its part, Nigeria LNG was held to be in breach of contract by failing to deliver 19 cargoes under a contract it executed in January 2020.

The cargoes, which were due for delivery between October 2020 and October 2021, have not been delivered.

In pleadings made by NLNG in its Particulars of Claims to the High Court of Justice in England and Wales Commercial Court, it’s breach was confirmed by a final arbitration award dated 30th January 2023.

The arbitration tribunal comprised Mr John Beechey CBE, Mr J William Rowley KC and Mr Nevil Phillips.

Nigeria LNG Ltd., is significantly owned by Shell, Total, and Eni.

An industry expert cited similarities between the disputes involving Venture Global LNG and Nigeria LNG. The source attributed the challenge to the unexpected surge in the LNG market.

“The reason for this surge in disputes may be related to the unexpected turn in losses to highly profitable margins, as high as $90 million per cargo, at the beginning of the Russian Ukraine conflict, post Covid market recovery and a huge demand in Asia and European markets, it is seen as a golden era for LNG cargoes.

“This situation may have prompted numerous defaults on agreements, with major LNG suppliers opting to retain higher margins at the risk of lengthy litigations,” the source added.“

 

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