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Skye Bank Loses Round One in Suit versus Centrespread Advertising

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A Lagos High Court has dismissed, for lack of admissible evidence, a preliminary application by Skye Bank for an order pronouncing that Centrespread Advertising had agreed to pay the sum of N525million as outstanding indebtedness to the bank and compelling the latter to pay same.

In a motion for interlocutory injunction in suit No: LD/2362GCMW/16 in which Centrespread is challenging Skye Bank’s claim of its continued indebtedness, the Skye Bank counsel, Solomon Mbadiwe, had prayed the Court to rule that Centrespread had, in a letter dated June 16, 2015 and Claimant of Affidavit of June 22, 2016, admitted and proposed the payment of the sum of N525million to Skye Bank as final settlement of the loan agreement between the two parties.

He therefore asked the court to compel Centrespread to make full payment of the stated sum to Skye Bank while hearing continues in the original suit.

Delivering his ruling on the application at the resumed sitting of the court in May, the trial judge, Hon. Justice A. M. Lawal of the Lagos High Court, threw out the Skye Bank application on the ground that it was based on inadmissible evidence.

“The letter dated June 16, 2015, from the caption and the contents of the letter, it is written towards settlement of the dispute existing between the parties. Letters written towards settlement are classified as ‘without prejudice’ and the privilege that attends ‘without prejudice’ communication will not be denied to a document simply because it is not captioned without prejudice. As the letter of June 16, 2015 was written with proposals for the settlement of the loan dispute, such is not admissible and cannot be the foundation of an application for Judgment upon admission”, Justice Lawal ruled.

The trial judge noted that the court was not unmindful that the figure of N525m said to have been admitted by Centrespread are found at paragraphs 5, 6 and 16 of the Claimant’s pleadings and paragraphs 9, 11 and 13 of the Claimant Affidavit of June 22, 2016 filed in support of the motion of June 22, 2016 for Interlocutory Injunction. He, however, added that ‘a readings of these traced the source of the said admitted figure of N525m to no other source other than the letter of June 15, 2016”, adding that “since the letter is not admissible being covered by the ‘without prejudice’ privilege, the said paragraphs of the pleadings and Affidavit are also not admissible for the purpose of an application for judgment based on admission”.

In the Statement of Claim filed by Centrespread in the originating suit, the frontline advertising agency averred that while it is true that a transaction was carried out between it and Skye Bank Plc in 2007, it had made good on the terms of the agreement to pay back the principal borrowed loan which, according to the terms of agreement, would expire in the year 2020.

Centrespread further averred that a few years ago, when it felt that it was being subjected to exorbitant charges by Skye Bank, it employed the services of forensic financial analysts who confirmed its concerns as true.

Centrespread is therefore praying the Court to, among other reliefs, declare Skye Bank’s claim that it still owes the total amount declared in its record as null and void since, according to it, a substantial part of the figure being touted as standing against its name has been discovered to be illegal charges.

Alternatively, the Claimant is also praying the honourable court to compel Skye Bank to release the claimant’s loan account statement and for the loan account statement to be analyzed by a forensic analyst to be appointed jointly by both parties for the determination of the Claimant’s actual indebtedness to the defendant.

Further hearing in the matter was adjourned till August 12th of this year.

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Oando Clean Energy, Cross River State, Sign MoU on Renewable Energy Infrastructure

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Oando Clean Energy (OCEL),  the renewable energy business subsidiary of Oando Energy Resources and the Cross River State Government have  signed a memorandum of understanding (MoU) for the rollout of electric vehicles for mass transportation within the state at the ongoing 28th edition Conference of the Parties (COP28) in Dubai, United Arab Emirates (UAE).

The move in setting up an electric vehicle (EV) assembly plant, is expected to create jobs for local indigenes as well as build a 100MW wind plant for power generation.

Representing the Governor of Cross River State, Bassey Otu at the MoU signing was the state’s Commissioner for Special Duties, Oden Ewa, saying the landmark agreement marked a significant step forward in the state’s journey toward a cleaner and more sustainable future. He said: “The MoU paves the way for the transitioning of our mass transit system to cleaner and less expensive fuels while also allowing for the use of our natural resource, wind, to provide electrification for our people.

“I commend Oando Clean Energy for their innovative solutions that address the impact of climate change in Nigeria and her citizens.”

According to Oando , it said,  as  a company, it has committed to ensuring that this journey to a cleaner and more sustainable energy future is as seamless and as easy as possible.

“This is by putting our confidence in, not only the technology but the partnership and ensuring that the Cross River State government and her people reap the benefits of generating power from sustainable sources”. The statement read.

Oando’s Clean Energy’s scope spans the entire 35 states of the federation and the federal capital, promising to create a cleaner, more viable energy ecosystem for Nigeria and the  people of Cross River.

In attendance at the side event were amongst others, Minister of Niger Delta Affairs, Abubakar Momoh;  Minister of the Environment, Abbas Balarabe;  Minister of State for Environment, Dr. Kunle Salako; Commissioner for Special Duties, Cross River State, Mr. Oden Ewa, among others.

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House Of Representatives Issues Warrant Of Arrest On Central Bank Governor, Cardoso, Accountant-General, 17 Others

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The House of Representatives’ Committee on Public Petitions has asked for a warrant of arrest to be issued on the Governor of the Central Bank of Nigeria (CBN), Olayemi Cardoso, the Accountant-General of the Federation (AGF), Oluwatoyin Madein, and 17 others over refusal to appear before it to answer questions on their operations.

It was gathered that the issuance of the arrest warrant was sequel to the adoption of a motion moved by Fred Agbedi, representing Ekeremo/Sagbama Federal Constituency of Bayelsa State on the platform of the Peoples Democratic Party (PDP) at the committee’s hearing on Tuesday.

Agbedi, while moving the motion, said that the arrest warrant had become imperative following the attitude of the invitees, adding that the parliament worked with time and the CEOs had been invited four times but failed to respond to the invitations.

Agbedi said that the CBN Governor, the AGF and the rest of the invitees should be brought to appear before the committee by the Inspector General of Police through a warrant of arrest after due diligence by the House Speaker, Rep Tajudeen Abbas.

The Chairman of the Committee, Micheal Irom (APC-Cross River), in his ruling said that the Inspector-General of Police should ensure the invitees were brought before the committee on December 14.
It was gathered that the petitioner, Fidelis Uzowanem, had earlier said that the petition was anchored on the Nigeria Extractive Industries Transparency Initiative (NEITI) 2021 report.

Irom said, “We took up the challenge to examine the report and discovered that what NEITI put together as a report is only consolidation of fraud that has been going on in the oil and gas industry.

“It dates back to 2016 because we have been following and we put up a petition to this committee to examine what has happened.

“The 2024 budget of 27.5 trillion that has been proposed can be confidently funded from the recoverable amount that we identified in the NEITI report.

“It is basically a concealment of illegal transactions that took place in NNPCL; they have been in a sink with some oil companies where some companies that did not produce crude were paid cash core, an amount paid for crude oil production.”

 

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FCTA uncovers illegal oil refining warehouse in Abuja

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In continuation of the city cleaning exercise, Authorities of the Federal Capital Territory Administration (FCTA) with operatives of security personnel have uncovered an illegal oil refining warehouse in Mabushi, opposite Mobile filling station on Ahmadu Bello way in Abuja.

 

The Director, Department of Development Control, FCTA, Mukhtar Galadima after the operation on Thursday, said the illegal refining site was discovered during the continuation of the city cleaning exercise.

 

According to him, about three to four plot of lands designated for commercial purposes have been converted to an area where oil and diesel are being adulterated and circulated to other parts of the city.

 

Galadima explained that the city sanitation task force will look into the provision of the law and make necessary recommendations to the FCT Administration for further actions on the plots used for the activity.

 

He said there was no arrest but the items used in carrying out the illegal refining have been impounded.

 

Galadima said, “During the continuation of our city sanitation exercise in Mabushi opposite Mobile filling station on Ahmadu way, we discovered an illegal refining site where oil and diesel are being adulterated, we have done the needful by moving the items to Nigerian Security and Civil Defence Corps.

 

“From what we have seen so far, about three or four pilot of lands designated for commercial purposes have been converted to unapproved activities, which we believe the owners are fully aware, there will be consequences.

 

“We are going to look at the provision of the law and make necessary recommendations to the FCT Administration”

 

He said the administration will continue to go tough on activities being carried out without government approval,  especially revocation of the titles.

 

Collaborating, Head, operations FCT Directorate of Road Traffic Service (DRTS), Deborah Osho said the city management team during the exercise also discovered that most of the areas in the Nation’s capital have been converted to illegal car mart and motor parks.

 

She disclosed that fifteen vehicles have so far been impounded since the operation commenced about two days.

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