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Omo-Agege: Court to commence Saraki’s contempt trial Oct 18

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Omo-Agege accuses Saraki of withholding his entitlements

*’Remedy alleged wrong or appear in court to defend yourself,’ judge tells Senate President

A Federal High Court in Abuja has fixed October 18 for the commencement of hearing in the contempt proceedings initiated against Senate President, Bukola Saraki by Senator Ovie Omo-Agege (Delta Central).

Omo-Agege initiated the contempt proceedings upon his claim that Saraki was withholding his entitlement, as a serving Senator, following the court’s nullification of his suspension by the Senate.

The Saraki-led Sanate had, earlier this year suspended Omo-Agege, which suspension the court, in a May 10, 2018 judgement, set aside, ordered his reinstatement and the payment of all his accrued benefits for the period of the suspension.

On Thursday, Omo-Agege’s lawyer, Alex Iziyon (SAN) told the court that his client’s application for Saraki’s committal was ripe for hearing.

Iziyon prayed the court to hear the application since Saraki has allegedly chosen not to attend court or obey the court’s subsisting judgment.

Izinyon, in the application, a Form 49, noted that while Omo-Agege was been allowed to resume at the Senate, Saraki had allegedly continued to flout the order directing that the applicant be paid all his entitlements.

He said Saraki, in flouting the judgment, had refused to give an approval to the payment as ordered by the court.

Ruling, Justice Nnamdi Dimgba said he would give Saraki another chance to either “remedy the alleged wrong” or appear in court to defend himself.

Justice Dimgba agreed with Izinyon that his application was actually ripe for hearing.

He noted that the court’s records showed that Saraki had been served with the motion on notice and hearing notice for the Thursday’s proceedings through a newspaper publication made on September 25, 2018 as ordered by the court.

Justice Dimgba directed Izinyon to write Saraki and the Senate’s Legal Department, informing them that the court has scheduled October 18 for the hearing of the contempt proceedings.

The judge said:”Upon this motion on notice dated and filed on August 15, 2018, praying for the committal of the Senate President to prison for contempt of court coming up before this honourable court today  for hearing; and after hearing Dr. Alex Izinyon (SAN) with Hanatu Abdularim, Friday Izinyon, Alex Izinyon II, J.A Gesa, for the judgment/creditor/applicant urging that the court should proceed with the hearing;

“It is hereby ordered as follows:

*That indeed from the records of the court, the Senate President, the alleged contemnor, was served with the motion and hearing notice by advertisement as ordered by the court at pages 35 – 36 of The Nation Newspaper of September 25, 2018; this motion is therefore ripe for hearing.

*That in the interest of justice, and to give the alleged contemnor another opportunity to remedy the alleged wrong or even to appear to defend himself, and as a demonstration of the court’s commitment for justice, the court directs the applicant/judgment/creditor’s counsel to write to the alleged contemnor and the legal department of the Senate informing them of the next adjourned date.

*That it will be useful out of abundant of caution that this letter is accompanied with a hearing notice being a court issued process.”
Justice Dimgba thereafter adjourned to October 18 for “definite hearing.”

The judge had, on May 16, 2018 dismissed the application by The Senate and Saraki, seeking a stay of execution of the May 10, 2018 judgment, which nullified the 90-day suspension imposed Omo-Ageg by the Senate.

In dismissing the application, the judge was of the view that the application and its accompanying notice of appeal were based on a wrong notion of the judgment being challenged.

The judge noted that the application failed to show that it was targeted at the court’s judgment of May 10, 2018.

Justice Dimgba said, while the application sought a stay of the judgment in which all the plaintiff’s prayers were granted, the May 10 judgment did not grant all the reliefs sought by the plaintiff.

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Tinubu Unveils $7bn Plan to Drive Ogun Deep Seaport, Special Economic Zone, Says Onanuga

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President Bola Tinubu has unveiled an investment package of more than $7 billion for the development of the Ogun State Blue Marine Special Economic Zone and the Gateway Deep Seaport, describing the projects as a major step towards strengthening Nigeria’s maritime economy and attracting foreign investment.

In a statement by his Spokesman, Bayo Onanuga, on Thursday, the President spoke in Paris, France, during the signing of Memoranda of Understanding between the Ogun State Government and DP World, a global ports and logistics operator, for the development of the projects.

Tinubu assured domestic and foreign investors that the Federal Government would continue to provide regulatory clarity, policy stability and a predictable business environment to support long-term investments in Nigeria.

“The agreements before us bring together vision, expertise, capital and execution capacity. I particularly welcome DP World, one of the world’s leading port and logistics operators,” the President said.

He added that the Federal Government would provide the necessary regulatory and institutional support to ensure that the projects moved seamlessly from agreements to implementation.

According to the President, the agreements are expected to attract an initial investment of more than $7 billion into the Nigerian economy and create over 50,000 direct jobs when fully developed, alongside additional indirect employment opportunities.

Tinubu said the projects would also generate non-oil export earnings and contribute to Nigeria’s economic diversification.

“This is economic diversification made tangible. This is industrialisation made visible. This is Renewed Hope in action,” he said.

The proposed Gateway Deep Seaport at Ogun Waterside will have a four-kilometre berth and an 18-
metre draft. The facility is expected to help decongest the Lagos port corridor and ease pressure on the Apapa and Tin Can Island ports.

The president said the deeper draft would enable the port to accommodate larger vessels while providing a competitive gateway for trade within Nigeria and across the African Continental Free Trade Area.

He noted that the proposed Ogun State Blue Marine Special Economic Zone would cover about 10,000 hectares and would be integrated with the deep seaport to support manufacturing, processing, exports and logistics.

“The Gateway Deep Seaport is the critical infrastructure that will support the zone’s viability. A port moves cargo; a port integrated with a special economic zone helps to build an economy. Each reinforces the other,” Tinubu said.

He said the Federal Government would facilitate road, rail and power connectivity to the projects, while strengthening investment security and the maritime domain and removing unnecessary bureaucratic obstacles.

The president also linked the projects to the Lagos-Calabar Coastal Highway, describing the Ogun section of the road as a critical transport connection for the emerging industrial and maritime corridor.

“The Lagos–Calabar Coastal Highway is central to this corridor’s commercial viability,” he said, adding that the 28-kilometre Ogun section of the 700-kilometre highway was scheduled for completion before the end of the year.

Tinubu said the port and industrial zone would also form part of a wider strategic corridor linking the proposed Nigerian Navy Operating Base and Dockyard with the OK LNG Project.

The President commended Ogun State Governor Dapo Abiodun and his administration for securing the land and structuring the investment framework.

“I commend Governor Dapo Abiodun and the government and people of Ogun State for securing the land, structuring the investment framework and reducing project risks for global investors,” he said.
Governor Abiodun led the Ogun State delegation at the signing ceremony, which also included state commissioners and other senior officials.

Senior representatives of DP World, the Nigerian Ports Authority and SkyKapital were also present at the event.

Tinubu urged Ogun State and the investors to maintain the momentum created by the agreements and move quickly towards implementation.

“Nigeria lies at the heart of West African trade. Yet, our strategic advantage has been constrained by port congestion, inadequate draft capacity and logistics bottlenecks that increase the cost of doing business. These projects respond directly to those constraints,” he said.

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Happy Birthday to Me! 🎂🎉

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Today, I celebrate myself and give all glory and thanks to Almighty God for the gift of life and for bringing me this far. I am grateful for the opportunity to be alive, healthy, peaceful, happy, and prosperous.

As I celebrate another year today, I pray for greater blessings, wisdom, good health, peace, success, and abundant prosperity in the years ahead.

May this new chapter of my life be filled with joy, favour, wonderful opportunities, and fulfilment of my heart’s desires.

Happy Birthday to me! 🥳🎉
Congratulations to me on this special day. 🙏❤️🎂

I wish myself many more happy and prosperous returns. Cheers to a beautiful new year of my life! 🥂🎉

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Update : Mambilla: Nigeria Wins $2.35bn ICC Arbitration, Tinubu Hails Buhari, Obasanjo

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The International Chamber of Commerce tribunal in Paris has ruled in favour of Nigeria in the arbitration brought by Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project in Taraba State.

President Bola Tinubu, in a statement issued on Thursday by his Special Adviser on Information and Strategy, Bayo Onanuga, said the tribunal rejected the claims by Sunrise.

The company had sought $680m from Nigeria as a settlement sum and interest in relation to a separate arbitration in which it is claiming more than $2.7bn in compensation and interest over disputes surrounding the development of the 3,960-megawatt Mambilla project.

However, the tribunal, as reported by The Cable, also dismissed Sunrise’s claim for $400m arising from the 2020 settlement agreement, according to the details of the award reported on Thursday.

It further ordered Sunrise and its promoter, Leno Adesanya, to reimburse Nigeria 75 per cent of its legal fees and expenses, amounting to $11.82m.

The tribunal also reportedly declared that Adesanya was bound by the arbitration agreement with Nigeria under the settlement agreement and its addendum and that it had jurisdiction over Nigeria’s counterclaim against him and his firm.

In the statement, Tinubu said the ruling demonstrated the government’s determination to defend the country’s interests.

“This latest decision affirms the Nigerian State’s determination not to succumb to predatory and exploitative claims by corrupt local and international entities and their enablers and funders,” he said.

The President commended the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and officials of the Federal Ministry of Justice for their role in the case.

He also commended former President Olusegun Obasanjo and the late former President Muhammadu Buhari, who testified in the arbitration.

“I also commend the FRN defence team, led by Ms Elizabeth Oger-Gross and Mr Tolu Obamuroh, both of Paul Hastings LLP, for their professional and excellent defence of the country.

“I commend the patriotism and support of former President Olusegun Obasanjo, GCFR, and late President Muhammadu Buhari, GCFR, who testified in the case, which dated back to an illegal 2003 contract to build a 3,050-megawatt hydroelectric plant in Taraba State under a build-operate-transfer model.

“The Federal Executive Council never authorised the contract. I thank the other witnesses in this case, including former Ministers Babatunde Raji Fashola, SAN, and Suleiman Adamu, and the experts, for their active participation in defending Nigeria’s interest in the arbitration,” the statement read.

“I want to assure you that while our country remains committed to partnering with genuine investors and honouring its legal obligations, it will continue to defend all opportunistic claims instituted against our commonwealth strongly.

“Today’s ICC ruling clears the single biggest legal hurdle that has paralysed the Mambilla hydro power project for years,” Tinubu said.

The dispute dates back to an agreement under which Sunrise claimed it had been awarded the contract to construct the Mambilla project.

The company commenced arbitration against Nigeria at the ICC International Court of Arbitration in October 2017, seeking about $2.354bn over an alleged breach of contract.

The parties later entered into a settlement agreement in 2020, under which Nigeria was to pay Sunrise $200m.

A subsequent dispute arose after the government did not make the payment, leading to another arbitration in which Sunrise sought $400m, comprising the $200m settlement sum and a $200m default payment.

In Thursday’s award reported by The Cable, the tribunal rejected Sunrise’s claim that Nigeria had breached its obligations under the settlement agreement and its addendum.

It also rejected the company’s demand for the $400m settlement and default sums.

The Cable reported that the tribunal fixed the arbitration costs at $1.6565m, with Sunrise and Adesanya responsible for 75 per cent and Nigeria for 25 per cent. Of the $11.82m in legal fees and expenses awarded to Nigeria, $2.5m is to be recovered from funds held in escrow by the ICC, while the remaining $9.32m is payable by Sunrise and Adesanya, with interest at 10 per cent annually, compounded annually, from notification of the final award until payment.

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