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Court orders forfeiture of 14 Properties of Kogi govt in Lagos, Abuja, UAE
Justice Nicholas Oweibo of the Federal High Court in Ikoyi, Lagos, on Wednesday, granted an interim forfeiture of 14 properties in Lagos, Abuja and the United Arab Emirates, UAE, linked to the Kogi State Government.
The judge also ordered the preservation of the sum of N400,000,000 recovered from one Aminu Falala.
The money “is reasonably suspected to have been derived from unlawful activity and intended to be used for the acquisition of Plot No. 1224 Bishop Oluwole Street, Victoria Island Lagos.”
Justice Oweibo granted the order following an ex parte application filed by the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC.
The application was supported by an affidavit deposed to by Adekunbi Mojibola, an investigating officer with the EFCC.
EFCC counsel, Rotimi Oyedepo, SAN, said the properties, including “Hotel Apartment Community, Burj Khalifa at Plot 160 Municipality NO 345-7562, Sky View Building No 1, Property No 401, Floor 4, Dubai U.A.E.”, were reasonably suspected to have been derived from unlawful activity.
Justice Oweibo granted the application and directed the commission to publish the interim order within 14 days for any interested party to show cause why the forfeiture order should not be made in favour of the Federal Government of Nigeria.
The case was adjourned till March 28, 2023.
February 22, 2023
Monarch’s Query: Kogi Govt Gives Ohinoyi Another 48 hrs to Re-submit Response With Real Title
From Noah Ocheni, Lokoja
The Kogi State Government has given the Ohinoyi of Ebiraland, Dr. Ado Ibrahim another 48 hours to re-submit his response to a recent query with the appropriate title of the stool as recognised by the Kogi State Chieftaincy Law 2006 and his letter of appointment.
The monarch was issued a query for his alleged untoward conduct during the recent visit of President Muhammadu Buhari to the state.
He had, in his response letter marked: “Ref. No. ETC/CHI/35/VOL.II/33”, dated January 6, 2023, addressed himself as “Atta Ebira” title which is alien to law, not recognised by government instead of Ohinoyi of Ebiraland.
Declaring that the Atta Ebira title is unknown to the law of the state, the State Commissioner for Local Government and Chieftaincy Affairs, Barr. Salami Ozigi Deedat, in a letter addressed to the monarch on Monday, noted that any correspondence with the Atta title was unacceptable for official purpose.
“Your personal decision to use the title of Atta Ebira and not Ohinoyi of Ebiraland in your official communication is at variance with sections 19a, 27(2b), 33 and schedules II and V of Kogi State Chiefs (Appointment, Deposition and Establishment of Traditional Councils in Kogi State) Law, 2006 and your letter of appointment issued to you with Ref. No. GHLK/KGS/22, dated 2nd June, 1997.
“The title of Atta Ebira is alien to law and not recognized by Government. Therefore any correspondence with that title is unacceptable for official purpose,” the Commissioner for Local Government and Chieftaincy Affairs stated.
Recall that the monarch had allegedly disrespected the offices of President Muhammadu Buhari and Governor Yahaya Bello of Kogi State when the President visited the State on Thursday December 29, 2022 to commission landmark projects executed by the current administration in the state.
Prominent indigenes of Ebiraland had, following the controversy generated by the state government’s query, flayed their traditional ruler on the issue, saying that monarchs must respect constituted authority “and not play God”.
The Commissioner’s letter read in full: “I wish to refer to your letter Ref. No. ETC/CHI/35/VOL.II/33, dated 6th January, 2023, in respect of the above subject matter and to inform you that the said letter under reference, which ought to be your response to a letter of query was not conveyed with the appropriate title of your stool as recognized by the Kogi State Chieftaincy law 2006 and your letter of appointment.
“Your personal decision to use the title of Atta Ebira and not Ohinoyi of Ebiraland in your official communication is at variance with sections 19a, 27(2b), 33 and schedules II and V of Kogi State Chiefs (Appointment, Deposition and Establishment of Traditional Councils in Kogi State) Law, 2006 and your letter of appointment issued to you with Ref. No. GHLK/KGS/22 dated 2nd June, 1997. The title of Atta Ebira is alien to law and not recognized by Government. Therefore any correspondence with that title is unacceptable for official purpose.
“In view of the above, you are hereby requested to kindly re-submit your reply to the query with the appropriate title within 48hours to enable further necessary action to be taken.”
January 17, 2023
EFCC Boss Desperate to Tarnish our Image – Kogi Govt Cries Out
The Kogi State Government has once again debunked an allegation of money laundering levelled against it by the Economic and Financial Crimes Commission, describing it as a sustenance of the persecution of the government by the Abdulrasheed Bawa-led agency.
The government in a swift reaction to a statement by the EFCC on Thursday, argued that the Commission, with its present allegations, had shown clearly that it was desperately seeking to save its face after the Commission hit a road block in its N20bn Sterling Bank “media trial.”
The Commissioner for Information and Communication in Kogi State, Kingsley Fanwo, however, noted that just as with the Sterling Bank affair when the commission went to the media before proper investigation, the EFCC was again set to embarrass itself and its legacy by again jumping to the media to continue its persecution of the Kogi government.
While insisting that no money belonging to the Kogi State Government was laundered, the Commissioner insisted that Nigerians should ask the EFCC if its “biased” corruption searchlight was only meant for Kogi State.
“The media trial by the EFCC is a calculated and orchestrated plan to embarrass the State Government by going after its Officials and Associates with trumped up charges to satisfy the destructive fangs of their paymasters,” Fanwo claimed.
The government in its reaction said that the inclination of the EFCC was against the acknowledgment of due process and financial accountability given to the Kogi State Government by international organisations. It particularly cited the recent honour accorded the Kogi State Government by the World Bank funded SFTAS project in which Kogi was lifted above peers in financial accountability.
The statement read in part: “Our attention has been drawn to a press statement on the website of the Economic and Financial Crimes Commission to the effect that they arraigned some persons who they alleged were linked with laundering monies belonging to the Government of Kogi State.
“In as much as we would not want to delve into the depth of the matter which is now sub judice, it is pertinent to draw the attention of the general public to the fact that the desperation of the EFCC to crucify Kogi State at all costs may have landed them in another trouble. Unlike the EFCC that has been known for serial contempt of court under the current leadership; we are committed to allow the law to take its due course on the matter and our innocence, again, proven beyond reasonable doubt.
“It would be recalled that this same EFCC once accused the Kogi State Government of stashing 20 billion naira bailout funds in a fixed deposit account in Sterling Bank. When the legal fireworks were about to ruffle their biased feathers, they quickly backed out and claimed the money had been returned to the Central Bank of Nigeria. Till date, they have not shown Nigerians any proof of the return even when Sterling Bank Plc has under oath denied the return of any monies belonging to the Kogi State Government. It is trite that what does not exist cannot be taken or returned.
“The media trial by the EFCC is a calculated and orchestrated plan to embarrass the State Government by going after its officials and associates with trumped up charges to satisfy the destructive fangs of their paymasters.
“Let it be on record that no money belonging to the Kogi State Government was laundered. SFTAS is a World Bank accountability project to ensure the Government stays accountable to the people. For many years, Kogi has won awards as one of the most transparent State Governments in Nigeria. A responsible anti-graft agency would have made Kogi an example of transparency and excellence. However, with its endless wild goose chase, Nigerians would even wonder if EFCC’s obviously biased corruption binoculars are only designed for Kogi State.
“It is not unexpected that the EFCC would feel disappointed that the monies they claimed had been stolen from the coffers of the state have been used to build Nigeria’s best hospitals, good roads, best schools that are about to be commissioned. We cannot help their descent into political pawn. We will continue to make the resources of our state work for our people.
“Nigerians know that the recent Gestapo-like operation against the State was occasioned by EFCC’s failure to sell the “fixed” Bailout funds debacle to the people. They became desperate to save their face from the disgrace bestowed on them by their ‘Destroy Kogi’ Agenda.”
December 16, 2022
Obajana: Kogi Govt. Drags Dangote Group to Court
The Kogi State Government on Tuesday commenced legal action to reclaim ownership of former Obajana Cement Company which is now known as Dangote Cement Plc.
The legal action instituted on behalf of the state by Chief Joseph Daudu, at the High Court of Kogi State, Lokoja, has Dangote Industries Limited as the sole defendant.
Specifically, the claimant is seeking the nullification of the 2002 and 2003 agreement between it and Dangote group on the grounds that the agreement lacked clear consideration of what should pass from Dangote to the state.
Among issues raised for the court’s determination are whether upon careful examination and consideration of the agreements made between the Kogi State Government and Dangote Industries Limited on July 30, 2002, and February 14, 2003, respectively, it was not apparent that consideration (an essential ingredient of a valid contract) was lacking?
The government also asked the court to determine whether in view of a clear lack of consideration, the agreements made between the Kogi State Government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, were not null and void?
The claimant also asked the court to declare in the event that the issues raised for determination were in its favour that the agreements made between the Kogi State Government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, “lack consideration, which is an essential ingredient of a valid contract”.
In addition, Kogi State is further seeking another declaration that the clear lack of consideration in the agreements render them null and void.
The major reliefs been sought in the Originating Summons include: “A declaration that Dangote Industries Limited cannot take any benefit, interest or rights from the incompetent agreements entered into on July 30, 2002 and February 14, 2003 respectively, having failed to furnish any consideration to the Kogi State government.
“An order nullifying the agreements entered into on July 30, 2002 and February 14, 2003 respectively, for lack of consideration.
“An order of perpetual injunction restraining Dangote Industries Limited, any of its agents or assigns from further utilising and or taking any benefit(s) from the agreement dated July 30, 2002 and February 14, 2003 between the Kogi State government and Dangote Industries Limited.”
In a nine paragraph affidavit deposed to in support of the suit, the Kogi State government claimed that the Obajana Cement Company was solely registered in 1992 by the state government with registration number RC: 208767.
Deponent of the affidavit and Secretary to the Kogi State Government, Mrs. Folashade Ayoade, submitted that the sole purpose of establishing Obajana Cement Company was to mine the huge lime stone deposit in Obajana and consequently produce cement for the economic benefit of the people of Kogi State.
She confirmed that the Kogi State government and Dangote Industries Limited entered into two agreements on July 30, 2002 and February 14, 2003, for the purpose of producing cement for the economic benefit of the people of Kogi State.
However, she noted that no benefit by way of consideration passed from Dangote Industries Limited to the state government.
In the agreements although the state solely owns the company it had however transferred 90 per cent of its total shareholding to Dangote Industries Limited.
Parties also agreed that that they would be responsible for the funding of the project in equal proportions to their equity shareholding.
In the agreements the state shall be at liberty to sell up to 50 per cent of its 10 per cent equity in Obajana cement company to Kogi State indigenes by public offer or privilege within three months of comment of the project.
The agreement in addition noted that Kogi State shall not be entitled to lay any claim to any sum that may have accrued on its shareholding in dividends in the event of failure to meet its funding obligation as provided in the agreement.
No date has been fixed for the hearing of the suit.
October 20, 2022
Dangote Vs Kogi Govt: FG Orders Immediate Reopening of Cement Factory In Kogi
The National Security Council (NSC) chaired by President Muhammadu Buhari has directed that Dangote Cement factory in Obajana, Kogi State, be reopened immediately.
The council gave the directive at a meeting held at the Council Chambers of the State House, Abuja.
The Minister of Police Affairs, Mohammed Dingyadi, joined by his Interior counterpart, Rauf Aregbesola and the Chief of Defence Staff (CDS), General Lucky Irabor, briefed reporters after the meeting.
Aregbesola said an agreement had been reached between Kogi State Government and Dangote Group on the need to reopen the cement factory, urging both parties to respect the agreement.
The minister added that the council ordered immediate reopening of the factory and advised that all issues in contention be resolved legally as government was committed to providing employment.
On the ultimatum given by Governor Samuel Ortom of Benue State on Thursday that people of the state would take their decision on sophisticated weapons procurement if the Federal Government failed in the next one month to respond to its already written application to the appropriate quarters, he restated that no state had been authorized to acquire automatic rifles and urged that due process be followed.
The council also directed the Office of the National Security Adviser (NSA) in conjuction with the Office of the Secretary to Government of the Federation (OSGF) to set up a high-powered investigation committee into the crude oil theft in the Niger Delta with a view to unraveling those behind it.
October 15, 2022
N20bn Bail-Out Saga: Kogi Govt. Drags EFCC to Court, Claiming N35bn Damages
From Noah Ocheni, Lokoja
The Kogi State Government has dragged the Economic and Financial Crimes Commission to court over unsubstantiated allegations that it fixed N19.3 billion bail-out funds received from the Federal Government.
In this regards, Justice J.J. Majebi of a Kogi State High Court also granted an interim injunction restraining the EFCC from issuing further official or unofficial publications over the issue involving Sterling Bank Account No. 0073572696 or any other account purportedly belonging to Kogi State Government.
The Kogi State Government, Accountant-General of the State, Momoh Jibrin; and Commissioner for Finance, Budget and Economic Planning, Asiwaju Mukadam Asiru, were claimants in the suit, while the EFCC, Sterling Bank and Central Bank of Nigeria were listed as defendants.
The Government is demanding “the sum of N35billion only as damages against the 1st defendant for the defamatory publication, titled, ‘Hidden N19.3bn Kogi salary bailout funds returned to CBN’ made on November 19, 2021 on her Facebook page containing amongst others, false and unfounded allegations of N19.3 billion being returned from Kogi State bailout account, which portrays fraud and misappropriation of public fund against the claimant.”
The High Court granted the following:
“An interim injunction restraining the 1st Defendant/Respondents, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by way of publication or print or electronic media or issuing any official or unofficial publication in any print or electronic media, including online publication on its website or social media, both locally and internationally, with respect to the issues involving Account No. 0073572696 or any other account purportedly belonging to the 1st Claimant/Applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria pending the hearing and determination of the Motion on Notice for interlocutory injunction.
The Motion on Notice shall be heard on December 17, 2021, according to the Court.
The plaintiff asked the Court to declare that the publication by the EFCC containing, amongst others, false and unfounded allegations of N19.3 billion being returned was defamatory of the character of the Kogi State government.
The Kogi government asked for “an order of this Honourable Court compelling the 1st Defendant to, within 48 hours of the order of this Court, publish in three national dailies, a retraction of her frivolous allegations and also tender unreserved apology to the Claimant for the defamatory publication written against the Claimant.”
While asking the Court to declare the publication as “misconceived, wrongful, illegal, null and void”, the plaintiff also asked the Court to declare that the conduct of the 2nd defendant (Sterling Bank) was wrong, illegal, null and void in opening a fixed deposit account number 0073572696 and naming it Kogi bailout account without an application, request, authority or consent of the government.
The Kogi State government had earlier threatened to take the EFCC to Court if the commission failed to retract and apologise over statements it continually made in the media with the aim of disparaging the state.
Particularly, the Government said it could not understand how the EFCC kept attributing an account number to the state even after Sterling Bank had written to explain that there was never a time it gave the bank the mandate to open the said account.
It said it was also alarmed by what it described as “the falsehood in the activities of the EFCC claiming that N20 billion bailout funds, belonging to Kogi State, was hidden in a fixed deposit account with Sterling Bank, which surprisingly now has a balance of less than the fixed N20 billion even after allegedly being kept for some years.”
December 13, 2021
Kogi Govt. Apologizes Over Attack On Federal Fire Service Staff
By Noah Ocheni, Lokoja
The Kogi State Commissioner for Works and Housing, Engr. Abubakar Ohere on behalf of Gov. Yahaya Bello, over the weekend tendered an apology to the Controller General, Federal Fire Service over the attack on the Command while on official duty around Felele area of the State.
The Commissioner in a message through the Kogi State Controller of the Fire Service, to the Federal Controller General, regretted the unfortunate incident, condemned the actions of the miscreants and disgruntled elements for attacking men of the Fire Service who were legitimately on an official duty to put off a fire incident.
Engr. Ohere thanked the men of the Federal Fire Service for all the support they have always given to Kogi State, assured that everything humanly possible would be done to arrest and bring the perpetrators of the attack to book.
According to the message: ” I most sincerely want to convey the assurances of His Excellency, Gov. Yahaya Bello that everything will be done to bring those involved to justice and as well manage the injured staff with full repair of the vehicle sir.”
The Commissioner who assured that more security would be provided for the Command of the fire service, made a presentation of the sum of N100,000 through the Assistant Controller to the sick and promised to visit the injured officer.
To back up the assurances to the Command, Engr. Abubakar Ohere deployed a high powered delegation led by the Permanent Secretary of the Ministry to visit the Kogi State Command of the Federal Fire Service as the delegation appreciated the interventions of the Command in the State and also frowned at the ugly incident on men and their equipment while on duty.
The Assistant Controller in her response expressed her gladdness on the prompt response by the Kogi State Government, further revealed that the injured have been discharged from the hospital.
She however disclosed that the Controller General of the Federal Fire Service ordered for the deployment of all the vehicles including the damaged one to the headquarters in Abuja before the arrival of the State Government delegation.
The State Government has however directed the Director of the State Fire Service to interact with the Assistant Controller on modalities to return the vehicles with provision for more security to protect men and equipment of the State Command while discharging their duties.
September 13, 2021
Kogi Govt Threatens To Sue EFCC Over Salary Bailout Funds
he Kogi State government has threatened to take legal action against the Economic and Financial Crimes Commission (EFCC).
Commissioner of Information and Communication in the state, Kingsley Fanwo, made the threat on Thursday while briefing reporters at the Kogi Liaison Office in Abuja.
He accused the EFCC of a deliberate attempt to malign the integrity of the state governor, Yahaya Bello, over an alleged N20 billion salary bailout funds said to be in fixed deposit at a commercial bank.
The commissioner described as false and malicious the claims by the anti-graft agency that the governor did not disburse the said bailout funds released by the Federal Government in 2019 for payment of salary arrears owed civil servants in the state.
Rather, he informed reporters at the briefing that the state government disbursed the said funds since October 2019.
Fanwo’s briefing comes two days after the Lagos Division of the Federal High Court issued an order freezing the Kogi State Salary Bailout Account domiciled in Sterling Bank over a N20 billion loan obtained from the bank.
The presiding judge, Justice Tijjani Ringim, held that the order would subsist pending the conclusion of an investigation or possible prosecution by the EFCC.
In its argument, the anti-graft agency had explained that the loan was meant to augment the payment of salary and running cost of the state.
It alleged that the state government, however, kept the money in an interest-yielding account with Sterling Bank.
The EFCC also claimed that as of April 1, 2021, the balance standing to the credit of the said fixed deposit account was N19,333,333,333.36.
It added that it was still in the process of tracing what the sum of N666,666,666.64 – a shortfall of the said sum – was used for.
September 2, 2021
Buy Kogi Govt Assets, At Own Risk – Kogi PDP Warns
By Noah Ocheni, Lokoja
The intending prospective buyers of the advertised Kogi property and assets set for disposal by the administration of Yahaya Bello, governor of the state have been warned to desist or do so at their own risk.
Such subscribers to the commonwealth of Kogi State, have been warned to refrain from committing their resources into a fraudulent venture, which will not stand the test of time.
According to ‘Kogi Flame online publication’, the warning was handed down on Wednesday in a communique issued at the end of a retreat organised by the Renaissance Group of the Peoples’ Democratic Party, (PDP), in Abuja
The communique which decried the decrepit and degenerate conditions of physical and social infrastructure in Kogi State, under Bello, interrogated the rationale for the advertisement of state-owned assets for disposal, by an administration which has contributed the least to the physical development of state, in its 30 year history.
“In less than six years of the Bello dispensation, Kogi State has received far more resources from the federation account, than all the previous administrations put together. Yet, the Bello milieu, has zero identifiable projects to show for the humongous sums that have continually accrued to the state treasury.”
On the contrary, the communique pointed out how governor Bello has raised the bar of electoral intolerance and violence in the state, as reflected by the gangsterism and bloodshed, witnessed during the 2019 gubernatorial in Kogi State.
“Husband of Mrs. Salome Abuh, the lady politician who was locked up in her house and incinerated by agents of the APC, after the November 2019 governorship election in the state, Elder Simeon Saidu Abuh, recounted the horrific murder of his wife and the wanton destruction of the family’s physical estate, in the unfortunate event.”
Also speaking, the Chairman of the occasion, Dr. Abubakar Bukola Saraki enjoined the PDP to institute a regime of intra-party unity, equity and fairness, and ensure cohesion and oneness, in the pursuit of electoral success.
Saraki who is also at the head of the national reconciliation project of the PDP, expressed delight that in the cross-country tour of his team, Kogi State did not feature on the list of states and chapters of the PDP, whose leaders and members, needed to be addressed.
This, he observed, is indicative of the fact that the party in the state is one solid block, without factions and divisions, a pedestal which the Kogi State PDP must build upon, going forward.
He stressed the need for consensus building in the decision making processes of the party, adding that forgiveness is key for reconciliation, and members must be able to forgive wrongs of the past, for the progress of the party.
Professor Jerry Gana in his remarks commended previous PDP-led administrations in the state for their efforts in the provision of infrastructure and impacting the socioeconomic development of the state.
In his own remarks, the former governor of the state, Alhaji Ibrahim Idris expressed delight that younger elements in the Kogi State PDP, picked up the gauntlet to put the retreat together noting that the programme and the quality of attendance, will send a strong message to the opposition that the PDP is reinventing itself.
In his address, Chairman of the Kogi PDP Renaissance Group, David Ogu, noted that the party remains the only pathway for the people of Kogi State and indeed Nigerians at large, out of the impoverishment, despair and disillusionment which the APC has foisted over the country in over six years.
He said the party will collaborate with all lovers of justice and democracy, to rescue Kogi State and Nigeria, from the grips of its retrogressive overlords.
The retreat was attended by Shaba Ibrahim (member representing Lokoja/Kotonkarfe in the house of representatives); Humphrey Abah, former Minister of Police Affairs; Nicholas Ugbane (former senator representing Kogi East).
Others were Engr. Musa Wada (PDP candidate at the 2019 governorship election); Alhaji Musa Ibrahim (former member of the house of representatives), Hon. Femi Ajisafe (former general manager at the National Inland Waterways Authority, NIWA) respectively.
August 26, 2021
RECEF Tasks Kogi Govt On Open Government Partnership (OGP), Ensures A Corrupt Free Society
By Noah Ocheni, Lokoja
The Executive Director of Renaissance Care and Empowerment Foundation (RECEF), Idris Ozovehe Muraina has called on the Kogi State government to initiate processes to sign up to Open Government Partnership, (OGP), to cement her achievement thus far in fiscal transparency and accountability.
In a statement by Idris Ozovehe Muraina in Lokoja, the State government needs to prove to her citizens that her governance system is all inclusive aimed at promoting citizen participation in decision making, and ensure a corrupt free society..
He added that Kogi State government over the last few years had made significant gains towards achieving transparency in governance, saying a case in point is the openness in the state budgeting processes and publicity.
According to Muraina, the state had got accolades from international organization and rated high in fiscal transparency and accountability, saying that it’s time for the state to cement her achievement in open government initiative and place herself among communities of Open Government Partnership (OGP).
“The Open Government Partnership (OGP) is a multilateral initiative that aims to secure concrete commitments from national and sub-national governments to promote open government, empower citizens, fight corruption, and harness new technologies to strengthen governance.” He said.
“In the spirit of multi-stakeholder collaboration, OGP is overseen by a steering committee including representatives of governments and civil society organizations.”
He further stressed “Open government reforms have in recent years emerged as an area of intense activity and fervent hope for some of our largest societal aspirations: to improve public services, to expand public knowledge of governmental processes, to save public money, and to make government more participatory and inclusive.”
A non governmental Organization, Renaissance Care and Empowerment Foundation, said
“OGP provides a platform for reformers inside and outside of governments around the world to develop initiatives that promote transparency, empower citizens, fight corruption and harness new technologies to strengthen governance.
April 26, 2021