Connect with us

News and Report

Horror! Dangote’s Men Kill 7 For Defecating Behind Factory Wall ……….

Published

on

For 19-year-old Terhile Jirbo, it was another answer to the call of nature. But when gunfire rang out that fateful afternoon of March 18, what seemed a harmless routine had left a fatal scar on him and his community in Gboko, a major town in the North-central state of Benue.
Members of Mbayion community in Gboko had responded after a soldier shot Mr. Jirbo for emptying his bowel near the Gboko Cement factory, the second most lucrative cement factory belonging to Africa’s richest man, Aliko Dangote. The attacker was one of two-dozen troops securing the multibillion-dollar factory.

In protest of the shooting, the community members marched outside the factory, and for hours, they asked for justice. But as they hurled insults at the soldiers, asking them to leave the community, the troops responded with gunfire, according to state officials, witnesses, and community leaders.
Shot on the leg, one woman laid bloodied on the ground, and tried to crawl to safety. Then, a soldier closed up on her, pointed his rifle directly at her head and blasted, a witness said.

The woman’s brain splattered on another bullet-ridden victim, a man feigning death next to her. That man survived the attack even after a bullet ripped open his abdomen, spilling out his intestines. When the shooting and the confusion subsided over three hours later, the death toll stood at seven – one woman, six men.

The victims – aged 36 and below – were all shot dead by troops of the Nigerian army, survivors and community members said. By chance or fate, Mr. Jirbo, the teenager whose shooting by a soldier ignited the fracas, survived the attack. But he would be deformed for life, his mouth disfigured with most teeth in his upper jaw (maxillae) emptied. A member of the more than two-dozen military team guarding the multibillion-dollar Gboko cement factory shot him in the mouth.

His offence: relieving himself near the Dangote factory complex, and refusing to pack the waste with his mouth when ordered to do so by the soldier. In the outburst of violence that followed, the soldiers shot dead Doose Ornguze, 19, female; Luper Nongo Igber, 20, male; Timothy Terngu Mase, 21, male; Myom Mbaume, 25, male; Aondoyima Tyokase, 26, male; Iornenge Anum, 35, male and Aondoakura Tseeneke, 36, male.

They were killed in violation of their rights to life and human dignity as enshrined in Chapter Four of the Nigerian Constitution. Eight others were seriously wounded in the attack, among them Thomas Igber, Sesugh Nongo, and Joseph Akpa Yaji. Months of investigation by PREMIUM TIMES has shed light into a deadly violation of human rights perpetrated by state forces at a time Nigeria faces international scrutiny over human rights abuses in its war against suspected Boko Haram militants.

Community leaders spoke of how the Dangote group and the federal government brushed aside the killings, offered no assistance to the families of those killed or wounded by the troops. The government, also, has yet to punish or publicly identify those responsible for the massacre in the town.
While the military and the Dangote group confirmed the attack and the killings, both have failed to impress the community on the steps they took to show sympathy, offer compensation to bereaved families or even help bury the dead.
Four months after the killings, that situation has remained the same despite repeated petitions by the community to the highest civilian and military authorities, including President Goodluck Jonathan, Senate President David Mark (an indigene of Benue State), and defence minister, Aliyu Gusau.
The Dangote group said it has reached out to the community since the killings, but did not state exactly what help it offered, and whether or not the offer was accepted.
But Sebastian Hon, a Senior Advocate of Nigeria (SAN) and an indigene of the community punctured that claim. “We wrote to Dangote about the killing of our youth since March but he has not found it expedient to reply the letter,” Mr. Hon said. “He never offered any assistance towards the treatment of the youth who sustained gunshot injuries or contribute to the burial of the seven youth who were killed.”
The community said it decided to bear the cost of autopsy on the victims, their embalmment and burial on behalf of the affected families, after help failed to come from the company whose guards killed them.
Army officials and witnesses said after the shooting of Mr. Jirbo – the man wounded in the mouth – the commander of the army unit on duty rounded up the soldier who shot him, disarmed him, seized his belt and beret and secured him in a guard room.
The army would not say what has happened to the soldier, or other soldiers who later opened fire on protesters, killing seven.
Though a spokesperson for the army, Olajide Olaleye, a Brigadier General has said investigations into the incident “are continuing”.
Faeces of Death
The first gunshot that day was fired at about 1p.m., witnesses and Mr. Jirbo, who survived the shooting, said. Mr. Jirbo had walked into the popular BCC Layout for a haircut. The layout is named after the factory’s former name, Benue Cement Company, before its acquisition by Mr. Dangote.
Daily, hundreds of trucks wait at the bay area to convey processed cement to other parts of Nigeria. In queues snaking into a long distance, the truck drivers wait for their turns, sometimes for days.
That time lag provides a bustling neighbourhood life of sorts, which allows locals make brisk business selling everything from food to drinks to bush meat.
There are bars and shops and salons around the area, and in some parts, young men play snooker. Sometimes, they play against the military guards, with whom they also share drinks occasionally.
But despite the heavy human and vehicular activities in the vicinity, the government failed to provide basic facilities such as toilets in the area, which sits just by the Dangote cement factory. The area is overgrown with tall weeds and marked by broken walls of what used to be a perimeter wall separating the cement factory from Mbayion community. When pressed to ease themselves, locals and drivers use nearby bushes.
Mr. Jirbo recalled playing snooker with a popular soldier among the guards, known by his nickname 13-13, that March morning. After the game, he stopped at one of the salons for a haircut, and headed for the bush afterwards to relieve himself.
He was tidying himself up to leave when a soldier manning one of the security posts inside the expansive factory accosted him, and challenged him for defecating in the area, Mr. Jirbo said.
He argued that the space was not part of Dangote’s property, and besides, it was a common practice for people within the layout to clear their bowels there.
That explanation failed to impress the soldier who barked orders at the teenager, asking him to pack the waste with his mouth and threatened to shoot if he failed. Mr. Jirbo said he pleaded and asked to use his hands.
The situation degenerated in seconds, and the soldier pointed his rifle at Mr. Jirbo’s mouth while ordering him to act fast or risk being shot, the survivor recalled.


Mr. Jirbo failed to comply, and the price was horrific. The bullet tore his mouth open, ripped it of almost all teeth and threw him to the ground. He managed to spring back to his feet, and then ran into the community where he collapsed.
“The soldier was inside the security post at the trailer park,” he narrated. “I saw two soldiers but it was one of them that shot at me.” His account of the incident was corroborated by other witnesses.
On a recent visit to Mbayion months after the attack, he sat on a wooden chair, his face contorted as he struggled to answer our reporter’s questions with his now severely stitched mouth. He sounded furious as he spoke.

Midway into the interview, Mr. Jirbo’s uncle fetched the boy’s picture before the attack. The difference was clear and heart wrenching.
A stocky young man, he lost his two parents in 2012. Since their deaths, he has lived with an uncle, Moses Garba, and worked as a loader at the Gboko Timber Market. The attack on Mr. Jirbo would unleash horror on the laid back Mbayion community.

Hurls of abuses, hail of bullets
As news of the shooting spread within the community, angry youth gathered for a protest. For them, the attack was one too many from soldiers they accused of everything – from incessant harassment of residents to snatching of their girlfriends.
In a short time, dozens of youth swarmed the trailer park, where for hours, they cursed the soldiers, taunted them and their families, asked for justice and demanded they leave the town, witnesses said.
As the number of protesters grew, the demand became even more forceful, with some youth asking that the trigger-happy soldier be handed over to the community in addition to the troops leaving the area.
“The youths didn’t throw even a stone or stick. They were simply insulting the soldiers and asking them to leave the community,” said Yaji Gaav, an indigene of the community who arrived at the scene shortly after the shooting.
Mr. Gaav contested the claim that where Mr. Jirbo used as toilet was part of the Dangote property.
“The impression people who have not been there have is that the place in question is a fenced area within the company. Of course, that is not true. It is an open place. People go in and out of the place without hindrance and people even go there to defecate,” he said.
PREMIUM TIMES visited the scene. It did not fall within the Dangote complex, and clearly bore the filthy markings of a site routinely used as public toilet.
The siege by the youth on the property continued even after the commander of the military unit, an officer identified as Prince, arranged for the injured man to be taken to Penuel Hospital in Gboko, where he was treated.
To forestall a breakdown of order, Prince summoned the Mbayion community youth leader, Iorwuese Chamegh, and explained to him that a soldier had “mistakenly” shot a teenager, and requested that he helped pacify the protesters.
“When I got there, he (Prince) told me that a soldier made a mistake by shooting a boy in the mouth. As we were talking, our youths were shouting and asking the soldiers to go. The youths neither threw stones nor sticks at the soldiers. It was just verbal attacks,” Mr. Chamegh said.
“They were defenseless; there was no aggression on their part. Even if there was aggression, they were not armed and we begin to wonder why soldiers should be sent to guard private premises when there is no war,” said Sebastine Hon, a Senior Advocate of Nigeria, an indigene of the community.
But what followed just as the commander and the youth leader spoke, shook the small town and left blood on its streets.
Mr. Chamegh said as he tried to pacify the youth who had thronged the area, the military commander asked him to leave immediately. He turned to leave, then gunfire rang out.
“I heard gunshots and saw somebody falling down at my back. I started running. I am not sure Prince (military commander) was involved in the shooting because he was leaving the place on a motorbike just as the shooting started,” he said.
Witnesses say the military, not able to stomach the taunts, went berserk not long after the gunshot victim was taken to hospital, and started shooting at the youth and pursuing them into the community.
It was unclear who ordered the shootings. There is no evidence that the Dangote Cement Company did. But we confirmed that the rampaging troops blocked the Gboko/Makurdi highway and advanced deep into the surrounding communities, chasing fleeing demonstrators and shooting at them.
Joseph Akpa Yaji, 24, who witnessed the incident, was shot in the back as he tried to help the only woman killed in the attack. The bullet penetrated his back and exited from the stomach, spilling his intestines out. As he lay on the ground next to the girl he attempted to save.
He played dead to live. “I pretended as if I was dead while the girl was still struggling to get up and run away.”
Then a soldier walked close to the two, apparently attracted by the girl’s attempt to crawl to safety, and fired shots point blank into her head, Mr. Yaji said.
“The girl’s brain and blood covered my body and the soldier, who might have thought I was dead, left the place,” he said, his face contorted in anger and grief.
The military would not give details of what happened or how it happened beyond saying that investigations were ongoing.
The police also said investigations were continuing in cooperation with the military. The body of the slain protesters remained in the open until the evening of that day when the Chairman of Gboko local government council, Nathan Zenda, and other leaders of the town, walked round the town collecting bodies of those killed.
In addition to that of the woman, six more bodies of young men were retrieved. The remains were transferred to the University Teaching Hospital, Makurdi, for autopsy and embalmment.
An outraged paramount ruler of Gboko, Gabriel Shosum, the Ter Gboko II, told PREMIUM TIMES the killings were “one of the highest level of provocations” against the people of his kingdom.
History of Distrust
The former Benue Cement Company, [BCC], originally partly owned by the Nigerian government and the Benue State government, was bought by Aliko Dangote in 2004 under the government’s privatisation programme.
At more than three million tons of cement output yearly, the Gboko factory is only second to the Obajana plant in Kogi State – key contributors to Mr. Dangote’s lightning wealth rise that has seen him become Africa’s richest man, worth $24 billion.
The Dangote Cement Plc is Nigeria’s largest cement manufacturer with ambitious plans to expand into 14 other African countries. Dangote Cement is the largest company on the Nigerian Stock Exchange, having listed its shares in October 2010.
The company insists it has done well for its host community. “For that community, we have done so much,” Anthony Chiejina, a spokesperson for the Dangote Group, told PREMIUM TIMES. “If you check, just last month, the group reached out to displaced persons in the state. The governor was there and everybody attended. We gave items worth more than N45 million to the community. We went with 15 truck load of relief items.”
The company also listed a N10 million scholarships provided to indigenes of the area, and the provision of a clinic as some of its corporate social responsibility projects.
But the community insists the company is not doing enough. Locals say accessing the scholarship has remained frustrating, and question why the victims of the attack were taken elsewhere if the medical facility in the community was functional.
“If a company is situated in a community, there are some amenities the people are supposed to enjoy. Gboko community is not enjoying anything from Dangote,” said Mr. Shosum, the paramount ruler of the area.
For years, those concerns bred tension between the Dangote firm and the community. That anger exploded in 2011 when locals pushed for improved opportunities, a re-enactment of the frequent friction in the Niger Delta between host communities and oil multinationals.
As trouble flared that year following the killing of a local, allegedly by a cement truck, anti-riot police and soldiers were deployed to the community to keep the peace. The soldiers would stay permanently eventually.
Some community members wondered why soldiers, instead of police officers, were drafted to guard a private property.
The spokesperson for the Nigeria Army, Brigadier General Olaleye, said as Africa’s richest and the biggest private sector employer of labour in the country, the Nigerian government has a duty to keep Mr. Dangote’s businesses safe, when threatened.
“Once an area has been labelled a high risk area, whether it is public, private or otherwise, it is our duty to provide adequate security. Internal security is our business,” Mr. Olaleye said.
“For instance, churches, schools and other organizations that are not owned by the government are being guarded by the military now. Is there any state where Nigerian soldiers are not deployed now?” he said.
Convoy of seven coffins
After a long wait and police procedures, on May 9, exactly 41 days after the murders, heartbroken Mbayion people set out for Makurdi, the Benue State capital, to receive the bodies for burial.
Local leaders and the community’s own brightest, including the SAN, Mr. Hon, and retired service men, set out to Makurdi for a trip that would return seven coffins home.
After identification by family members, the wooden caskets were lined outside the morgue at 3.45p.m and set for the journey from Makurdi to Gboko, about 73 kilometres.
Relatives wailed and sobbed. Women cried and wiped their soggy eyes with the tips of their wrappers. The woman who was shot in the head that day was the only female killed in the attack.

Doose was the only woman killed in the attack. A soldier shot her point blank in the head.
Since losing her parents years back, 19-year-old Doose Ornguze, a resident of Tsekucha, near Mbayion, had managed to provide parental cover to her two younger siblings, drawing support from her yam trade, a thriving business in Benue State.
Against all odds, she kept herself and siblings in school and maintained a small house their parents left behind. One of the two siblings, Samuel, was in Port Harcourt when he was told that Doose had been shot and killed.
“My sister suffered so much to provide for me and my younger sister,” he lamented.
After due examination attended by half a dozen pathologists, the Benue State University Teaching Hospital, Makurdi, confirmed the seven victims died of gunshots.
But its verdict of what happened to Ms. Ornguze turned out most ghastly. The hospital identified the following as the cause of death: “Blunt force trauma to the left aspect of the skull with comminute skull fracture and extensive brain laceration, bone and brain tissue loss. Caused by a very fast moving object like a bullet shot from a fairly close range”.
The mechanism of death was found to be: “Brain laceration with extensive brain loss”.
Zungwenen Mase, the father of one of the victims said his son, a truck driver, went to the parking bay to retrieve his trailer when a bullet caught him. He said his only demand was for Dangote to leave Gboko.
“My son was innocent. My son didn’t commit any crime. Why Dangote? Why would you kill my son?” Mr. Mase queried.
But it was the sight of a mother, who convulsed and twisted in angst as she watched the coffin of her son brought out of the morgue, that threw the crowd into fits of sobs and tears.
Memshima Nongo is the mother of 20-year-old Lupe Nongo Igber, who was also killed. Mrs. Nongo said her complaint was appropriately laid to the community and she hoped the authorities would act.
“Lupe why have you decided to go now? Who will close my eyes when I die? Please God; don’t allow the death of my innocent child to go unpunished,” she wailed continuously.
Also an indigene of Tsekucha, in Mbayion, Mr. Igber was also unable to complete secondary education. He trained as truck driver, like many who ferry cement from Dangote’s factory. It was a living that supported Mr. Igber, his wife, a child, mother, brothers and sisters.
The first truck driver whose father wanted Dangote out of town, was Timothy Terngu Mase, 21, male. He was an indigene of Tse Shie, Mbagar, Mbayion. As a driver, he served with a private company in Obajana, Kogi State, where Mr. Dangote has another cement plant.
He was home on a visit to his family when the troops invaded his community. Mr. Mase’s dream was building a truck-driving school in Gboko to enable indigent youths acquire the skill which had made him self-reliant. When the bullets flew in his town, he was hit in the heart.
Myom Mbaume, 25, male, was also killed. A small scale grower of yam, millet, guinea corn and maize, from Tsekucha, he left behind a wife, two children, a mother and five siblings. His devastating family said they needed nothing but justice for his killers.
In the fourth coffin was Aondoyima Tyokase, 26, male from Tombo, Mbatsaase Tse-Orban in Buruku Local Government Area also of Benue State. Without an education, he trained as a barber and opened a shop near Dangote Cement factory. Popularly known as Chief Barber, it was Mr. Tyokase who barbed most of the guards at Mr. Dangote’s expansive plant. When troops came calling with their bullets, that familiarity did not help.
Iornenge Anum, 35, male, an indigene of Igber, Tsekucha, was next. He was a carpenter and his workshop was located near the cement factory. Mr. Anum left behind a wife and three daughters, all in primary school.
Then there was Aondoakura Tseeneke, a 36-year-old man and the oldest of those killed. He had three wives and five children. He was an indigene of Tse Hon, Mbawav, Mbayion in Gboko Local Government Area. Mr. Tseeneke sold retailed cooking gas at a shop near Dangote Cement Company. The rampaging soldiers shot him in front of his house, witnesses said.
The University Teaching Hospital confirmed all died of gunshots.Fading Justice
Since the shooting, the community has made no progress in its search for justice, leaving a lasting outrage among residents. The community said it wrote letters to President Goodluck Jonathan; Mr. Dangote; the Inspector-General of Police, Mohammed Abubakar; the National Security Adviser, Sambo Dasuki, among others, seeking redress.
No reply came at the time of this report. Police spokesperson for Benue State, confirmed the attacks, but said investigations were ongoing.
“As it is now, the investigation is still on. We are liaising with the military to ensure that the perpetrators are brought to book. I can assure you that whoever committed any crime will be brought to justice,” said Daniel Ezeala, of the Benue State Police Command.
The National Human Rights Commission said its investigation was ongoing as well, and would be made public once ready.
Anthony Chiejina, a spokesperson for Dangote Group, however said the company was in discussions with the community. He denied the company failed to respond appropriately to the tragedy.
“Who is telling you that? Mr. Chiejina asked. “We have been having rapprochement with the community. We cannot sweep the matter under the carpet because lives were involved and being a responsible company, there is no way we would deny that lives were not lost.”
He added: “Anybody telling you that nothing has been done is unfair. Lives were involved and even if it was one person, it is life and has to be taken very seriously.”
That claim was rejected by the paramount ruler of Gboko. “We have not received any response to our letters to Mr. Dangote or any of these people,” Mr. Shosum said.
On Mr. Chiejina’s claim that Mr. Dangote has done so much for the people of the area, the paramount ruler said, “I have never seen it. In fact, there is no clean water for residents of the factory environs. There is no hospital there. There is absolutely nothing there.”

Continue Reading
Advertisement

News and Report

Yahaya Bello and the EFCC Quandary: The Devil is in the Details – Ayoola Ajanaku

Published

on

By

 

The dust is yet to settle, following the efforts of the Economic and Financial Crimes Commission (EFCC) to arrest the immediate past governor of Kogi State, Yahaya Bello last week, on the heels of the anti-graft agency preparation to arraign him over corruption charges. This development is more than what meets the eye, as it’s laden with intricate details that are the kernel of this lucid treatise.

The attempt to arrest the ex-governor led to the gestapo like siege to his residence located in Wuse Zone 4, FCT earlier. Officials of the EFCC cordoned off the road and entrance to the residence of the former Kogi State governor for most of Wednesday.

Despite the heavy presence of EFCC operatives around Bello’s residence, his successor in office, Usman Ododo, paid him a solidarity visit. Ododo arrived the erstwhile helmsman’s residence in the afternoon and was cheered by the loyalists of the former governor who were present to give support to their embattled principal.

Also, while the siege on Bello’s residence was still on, two conflicting court rulings emerged in respect to the attempt to arrest of the former governor by the EFCC. One of the rulings, which came from a Kogi State High Court sitting in Lokoja, restrained the EFCC from arresting, detaining or prosecuting Bello.

Justice I.A Jamil, who gave the order in a ruling last week, stated that infringing on the fundamental human rights of the former Kogi helmsman is null and void except as authorised by the Court.

“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant except as authorised by the Court.

“This is a definite order following the earlier interim injunction given,” he averred.

In another twist in the yoyo-like locomotion of multiple judicial pronouncements, however, the EFCC obtained permission from the Federal High Court sitting in Abuja to arrest the ex-Kogi State governor in preparation to his arraignment on Thursday.

Justice Emeka Nwite granted the warrant this afternoon at the instance of the EFCC.

Love or hate Yahaya Bello, the pertinent questions begging for answers in this litigation are:

The EFCC had in March indicted Yahaya Bello, in an alleged diversion of about N100 billion, an offence said to have been committed months before he assumed office as governor in September 2015. If any third party dissects the budgetary appropriation of Kogi State and it’s IGR dispassionately then the numbers do not add up. The former helmsman meet a humongous liabilities and backlog of non-serviced facilities accruing to the Confluence State that had to be serviced. The pervasive prevarication that colossal funds found it’s into his pockets amount to ‘Alice in Wonderland’ tales.

The anti-graft agency had joined Yahaya Bello in the amended suit alongside the Chief of Staff to Kogi State Governor, Alli Bello, and one Daudu Suleiman, who was re-arraigned by the anti-graft agency before Justice James Omotoso of the Federal High Court, Abuja.

The ex-governor was not a defendant in the original suit, and was not in court on the said day.

Justice Omotoso had granted an accelerated hearing in the matter and had also ordered that all forms of objections must be kept in abeyance till the address stage and the charge were read to them.

In the first count, the former governor, and the two suspects were accused of conspiring with each other in September 2015 and converting N80, 246, 470, 089 to their personal use. For contextual and editorial alignment, the goalposts of allegations have witnessed shifting and amendments.

What court Order did the EFCC appeal against as well as the reason behind it?

It is a germane fact in public domain that the EFCC appealed against the Order granted on the 9th of February, 2024 by the High Court of Kogi State, the said order was an order restraining the EFCC from inviting, arresting or detaining the Applicant vide Notice of Appeal filed on 26th February, 2024.

Also, the EFCC further asked for a stay of Execution of the Interim Order at the Court of Appeal on 21st of March, 2024, which request was refused by the Court of Appeal.

However, on the 6th of March, 2024, in defiance of the interim Orders and their own pending appeal against the interim Order, the EFCC proceeded to prefer a 17 Count(s) Charge before Justice Nwite of the Federal High Court against Yahaya Bello.

The EFCC went further to resort to self help when on the 17th of March, 2024, it approached the same Federal High Court, Abuja, via an Ex-parte application and without informing the said court of the interim Order and their pending appeal against the interim order, to obtain an arrest warrant against the same person in respect of whose Order they had appealed to the court of appeal.

Akin to the above, if indeed the EFCC has nothing to conceal, why are they trying to muddle up the issues on account of the main judgement that was also subsequently delivered in the same High Court of Kogi State without recourse to the interim order that they appealed against and requested to be stayed, which request was refused?

The EFCC claims to have extended invitation to Yahaya Bello’s quarter immediately after his tenure elapsed on January 27th 2024. He has challenged the anti-graft agency to produce a copy of this invitation, including the delivery date and the recipient’s name and endorsement. There’s ample confidence on his part that they cannot provide ample evidence to this effect.

This sudden attempt at trying to confuse unsuspecting public with sentimental press statements and mug shot poster emblazoned with wanted message in capital letters. These actions intended to impugn and malign Yahaya Bello would not help them clear the infraction and abuse of the judicial process to give a dog a bag name to hang it. It’s a recurring decimal and standard MO of the anti-graft agency to embark on the route of smear campaign on suspects in a bid to gain an edge in the gallery of public opinion.

Again, by the admission of EFCC to the effect that they were at the Court of Appeal on the matter, and at the same time, approached a Federal High Court without informing the court of the subsisting order and appeal, is an admission of abuse of judicial process, and a fraudulent deceit of the court that has led it to granting conflicting Orders while appeal was pending.

This approach is a grave infraction of due process of law, subsequently, the statement issued by the learned counsel representing EFCC in the said matter amounts to trying to justify the infraction in a media trial which is unethical and not allowed or recognized in the legal profession.

The NJC should seriously investigate this matter as the conduct of the EFCC lawyer is clearly unethical and smirks of “Jankara” and “Boju Boju” practice of circumventing due course of the law.

The EFCC had appealed the order on March 11, 2024 and sought a stay of execution in Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello. The Court of Appeal did not grant the stay of execution, but fixed yesterday for hearing.

The appeal, however, failed to take place as the registrar told journalists that the appeal was not listed among the cases for the day.

The latest development in this jurisprudential tango, the embattled immediate past Governor of Kogi State, Yahaya Bello said he was ready to appear before the Federal High Court in Abuja to answer to the 19-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

Though Bello was absent for his arraignment, he briefed a team of lawyers who addressed the court on his behalf on Tuesday. A member of his legal team, Mr. Adeola Adedipe, SAN, told the court that his client would have made himself available for the proceedings, but all he clamours for is the strict adherence to the rule of law.

“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” Adedipe, SAN, submitted.

Consequently, he urged the court to set aside the exparte order of arrest it earlier issued against the former governor.

Adedipe, SAN, contended that as at the time the order of arrest was made, the charge had not been served on his client as required by the law.

He noted that it was only at the resumed proceedings on Tuesday that the court okayed substituted service of the charge on the defendant, through his lawyer.

“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.

“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.

Time will tell where the pendulum will swing, as Yahaya Bello is fighting a battle of his life to untangle himself from the charges filed by the Nigeria’s anti-graft agency earlier that has caught the attention of all and sundry.

In a nutshell, the pontification of prominent Lutheran pastor in Germany, Martin Niemoller rings a bell in this scenario. “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out -because I was not a trade unionist. Then they came for the Jews, and I did not speak out – because I was not a Jew. Then they came for me – and there was no one left to speak for me.”

Regardless of his exact words, Niemöller’s message remained consistent: he declared that through silence, indifference, and inaction worse things happen. Alas, reverse is the case as in this part of the world an individual is not presumed innocent until proven guilty. The hounds and irate mob are out and baying for blood aided by apparatus of power with a predetermined ploy to have Yahaya Bello’s head on a plate via the guillotine.

Ayoola Ajanaku is a Communications and Advocacy Specialist based in Lagos, Nigeria.

Continue Reading

News and Report

Breach of contract: Shell sues Venture Global in US court

Published

on

By

•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.“

 

Continue Reading

News and Report

We Have Put in Place definitive measures to Bolster our Production’ – Oando GCE, Wale Tinubu  

Published

on

By

After releasing the FY 2022 financial statements, Oando Plc has issued a press statement to address its net loss of N81.2 billion incurred in 2022, citing militancy and pipeline vandalism as major culprits.

Despite reporting a gross turnover of N1.99 trillion during the fiscal year, the group posted a loss after tax of N81.2 billion, a significant downturn from the N39.2 billion profit after tax posted in 2021.

Wale Tinubu, Group Chief Executive of Oando Plc, commenting on the result, noted,

“The heightened militancy and pipeline vandalism acts within the Niger Delta region dealt a substantial blow to our upstream operations, resulting in a marked reduction in our crude production volumes due to the protracted shut-ins for repair following each incidence. This was further compounded by a major gas plant fire incident which also necessitated a lengthy downtime.”

“Furthermore, a rise in our net interest expense due to increased interest rates on several of our major facilities in line with global rates increases, also contributed to our Loss after Tax position.”

“In response, we have put in place definitive measures to bolster our production and cash inflows towards ensuring a speedy return to profitability by collaborating with our partners to institute a comprehensive security framework aimed at permanently curbing the persistent pipeline vandalism whilst concurrently exploring inorganic growth opportunities to increase our reserves and production capabilities. We have also implemented a strategic restructuring of our key facilities to ensure they align with our cash flow dynamics.”

Recommended reading: Pipeline vandalism cost Nigeria N471 billion in 5 Years

Economic implication of oil theft in Nigeria

Theft and vandalism of oil installations is a major problem plaguing the oil and gas sector in Nigeria. The crime of oil theft has had a negative impact on the national economy and the business of local and international oil companies operating in the upstream sector.

Although there is no precise figure to quantify the financial impact of oil theft on the Nigerian economy, a study conducted by Dimkpa et al. (2023) estimates that Nigeria lost approximately $33.6 billion in oil revenue to oil theft between 2019 and 2022.

 A significant economic implication for Nigeria has been the consistent decline in oil production. Nigeria’s average oil production in 2022 was at 1.45 million barrels per day, an almost 1-million-barrel decline from the 2.4 million barrels per day produced by Nigeria in 2012.

In 2022, Oando’s total upstream production amounted to 20,703 barrels of oil equivalent per day (boe/day). This comprised 4,939 barrels per day of crude oil, 472 barrels per day of natural gas liquids, and 15,292 barrels per day of natural gas.

This figure represents a 22.7% decline from the 26,775 boe/d output reported by the group in 2021.

According to the company’s press statement, the decline in production was attributed to downtimes caused by shut-ins for repairs and sabotage activities.

In 2022, Oando Plc sold approximately 21.8 million barrels of crude oil, representing a 25% increase from the 17.4 million barrels sold in 2021. The group also sold about 1.94 million metric tonnes of refined petroleum, representing a 101% increase from the 962,371 metric tonnes sold in 2021.

Despite recording a decline in oil output, the group was able to sell an increased amount of crude oil due to its contracts with the then Nigerian National Petroleum Corporation (NNPC), ultimately contributing to its 148% revenue growth in 2022.

In 2022, Oando sold crude oil at an average realized oil price of $101.55/barrel and a gas price of $14.74/Boe, compared to 2021’s prices of $62.14/barrel for crude oil and $9.95/Boe for gas.

OMLs 60 to 63 gulped about $77.7 million in capital expenditure (CAPEX) from Oando, while OML 56 and OML 13 gulped about $22.6 million and $200,000 respectively. The group also spent $1.4 million in capital expenditure (CAPEX) on other assets.

As of 2022, Oando owned 20% stake in OMLs 60 to 63, as Nigerian Agip Oil Company (NAOC) also owned a 20% stake.

However, Oando is in the process of purchasing NAOC’s 20% stake in the oil fields, which will push its stake up to 40%.

Continue Reading

Trending