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2019: Atiku’s Presidential dream hits the rock as Buhari blocks source of income, cancels contract with his company

Published

7 years ago

October 11, 2017

In an apparent move to block a major source of income of Alhaji Atiku Abubakar who has declared his intention to contest the 2019 presidential election, the Muhammadu Buhari-led administration has directed the Nigerian Ports Authority (NPA) to terminate the boats pilotage monitoring and supervision agreement that the agency has with Intels Nigeria Limited, a company co-owned by the former vice president.

Government says the contract with Intels, a leading integrated logistics and facilities services provider in the maritime and oil and gas logistics sectors of the country, was void ab initio.

Attorney General of the Federation (AGF) and Minister of Justice, Mallam Abubakar Malami (SAN), in a letter dated September 27, 2017 to the Managing Director of the NPA, Ms. Hadiza Bala-Usman, said that the agreement, which has allowed Intels to receive revenue on behalf of NPA for 17 years, violates the Nigerian Constitution, especially in view of the implementation of the Treasury Single Account (TSA) policy of government.

Intels, also co-owned by Mr. Gabriel Volpi, an Italian national who also has Nigerian citizenship, will lose several millions of dollars in the cancelled deal.

In the maritime industry, pilotage is compulsory for all ships of 35 metres overall length or greater unless a valid Pilotage Exemption Certificate is held by the ship’s master.

In return for the service, ship owners/companies are required to pay a pilotage fee, which Intels collects on NPA’s behalf and retains 28 per cent of the revenue as commission for the services rendered.

In the memo obtained by Thisday, Malami stated that the agreement violates Sections 80(1) and 162(1) and (10) of the constitution, and wondered that the parties – NPA and Intels – did not avert their minds to the relevant provisions when they were negotiating the agreement in 2010.

Section 80(1) of the constitution states: “All revenues or other moneys raised or received by the Federation (not being revenues or other moneys payable under this Constitution or any Act of the National Assembly into any other public fund of the Federation established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the Federation.”

Section 162(1) states: “The Federation shall maintain a special account to be called ‘the Federation Account’ into which shall be paid all revenues collected by the Government of the Federation, except the proceeds from the personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the Ministry or department of government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja.”

While sub-section 10 of the same section states: “For the purpose of subsection (1) of this section, ‘revenue’ means any income or return accruing to or derived by the Government of the Federation from any source and includes: (a) any receipt, however described, arising from the operation of any law; (b) any return, however described, arising from or in respect of any property held by the Government of the Federation; (c) any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body.”

In the letter titled: “Request for Clarification of Conflict Between Executed Agreement and Federal Government Treasury Single Account Policy,” the attorney general said: “I refer to your letter dated 31st May 2017, ref: MD/17/MF/Vol.XX/583 in respect of the above subject matter wherein you sought clarification on the legal issues implicated by the continuous implementation of the Managing Agent Contract Agreement dated 11th February 2010 executed between the Nigerian Ports Authority (NPA) and Intels Nigeria Limited for the provision of boats pilotage operations, in the light of the Federal Government of Nigeria’s Treasury Singe Account (TSA) policy.

“Upon my review of your letter under reference and the relevant agreements, I have been able to conclude inevitably that the terms of the agreement as agreed by parties and the dynamics of its implementation which permits Intels to receive revenue generated on behalf of NPA ab initio, clearly violates express provisions of Sections 80(1) and 162(1) and (10) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended). It is thus curious that parties did not avert their minds to the above provisions of the constitution whilst negotiating the agreement.

“The inherent illegality of the agreement as formed has since been expounded by the TSA policy issued by the Head of Service of the Federation on behalf of the Federal Government of Nigeria directing all ministries, departments and agencies to collect payment of all revenues due to the federal government or any of her agencies through the TSA.

“The objective of the presidential directive (TSA policy) in exercise of the executive powers of the president under Section 5 of the 1999 Constitution (as amended) was in furtherance of the spirit and intent of Sections 80 and 162 of the constitution and to aid transparency in government revenue collection and management.

“NPA being an agency of the federal government is bound by the TSA policy and has not howsoever been exempt therefrom. Due to the constitutional nature of the TSA, where there is a conflict between the TSA and the terms of the agreement, the TSA shall prevail.

“Therefore all monies due to the NPA currently being collected by Intels and any other agents/third parties on behalf of NPA must henceforth be paid into the TSA or any of the sub-accounts linked thereto in the Central Bank of Nigeria (information of the account will be communicated in due course) in accordance with the TSA policy.

“For the avoidance of doubt, the agreement for the monitoring and supervision of pilotage districts in the Exclusive Economic Zone of Nigeria on terms inter alia that permits Intels to receive revenue generated in each pilotage district from service boat operations in consideration for 28% of total revenue as commission to Intels is void, being a contract ex facie illegal as formed for permitting Intels to receive federal government revenue contrary to the express provisions of Sections 80(1) and 162(1) and (10) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which mandates that such revenue must be paid into the Federation Account/Consolidated Revenue Fund.

“In the premise of the above, the conflict between the agreement and the TSA policy presents a force majeure event under the agreement, and NPA should forthwith commence the process of issuing the relevant notices to Intels exiting the agreement which indeed was void ab initio.”

-PM News

Education

Girau International School Extends Warm Wishes for Peace, Prosperity, and Safety This Festive Season

Published

5 days ago

December 18, 2024

Sahara Weekly

Girau International School Extends Warm Wishes for Peace, Prosperity, and Safety This Festive Season

As the festive season approaches, Girau International School sends heartfelt wishes of peace and prosperity to its students, parents, and staff. The school emphasizes the value of unity and joy during this special time, while encouraging families to prioritize safety and well-being.

In a statement, the School Director highlighted the importance of parental guidance during the holidays, urging families to maintain open communication and ensure children’s activities are monitored responsibly.

“The holidays are a time for creating cherished memories,” the School Director said. “However, they also require vigilance. Parents play a key role in ensuring their children remain safe and make responsible choices during this period.”

Renowned for its commitment to academic excellence and character development, Girau International School offers a robust curriculum that equips students with critical thinking, creativity, and leadership skills. As the new year nears, the school remains steadfast in its mission to nurture well-rounded individuals ready to excel in a dynamic world.

Girau International School reaffirms its dedication to fostering a safe, supportive environment where students thrive academically and personally. The school also encourages families to embrace the spirit of the season while staying mindful of the challenges it may bring.

For more information about Girau International School’s programs and initiatives, please contact the administration.

Education

Echono to deliver FUTO’s 36th Convocation Lecture

Published

3 weeks ago

December 1, 2024

Sahara Weekly

Echono to deliver FUTO’s 36th Convocation Lecture

The Executive Secretary of Tertiary Education Trust Fund (TETFUND) Arch. Sunday Silver Echono, will on Thursday, December 5th, 2024 deliver the 36th Convocation Lecture of the Federal University of Technology (FUTO), Owerri.

The lecture titled “Impact of Leadership Selection on Governance in Public Universities in Nigeria” will hold at Prof. C.O.E. Onwuliri Conference Hall, FUTO main campus, Owerri.

The University’s Vice Chancellor, Prof. (Mrs). Nnenna Oti, will be the Chief Host at the lecture, which is expected to attract participants from within and outside the university community, especially the academia.

FUTO is the oldest university of technology in Nigeria, established in 1980 by Nigeria’s first Executive President, Shehu Shagari. It became the first of three such universities set up by the Federal Government of Nigeria, which sought to establish a University of Technology in each geo-political region, particularly in a state which did not have a conventional university.

Arc.Sunday Sylva Togo Echono OON is a Nigerian diplomat, and architect who serves as the ninth Executive Secretary of Tertiary Education Trust Fund from 2022 till-date. Previously, Echono served as the Secretary of the Admissions Committee of the Nigerian Institute of Architects and the 28th President of the Nigerian Institute of Architects from 2019 to 2021.

Sonny Echono was nominated by the Board of TETFUND in early 2022 and was subsequently appointed as the substantive 9th Executive Secretary (ES) of TETFUND on March 18, 2022, by former President Muhammad Buhari.
A former permanent secretary in federal ministries, Echono had been honoured by governmental and non-governmental bodies locally and internationally. He is a recipient of Officer of Order of Niger (OON).

Education

LAUTECH Emerges Qualifier at NOA Southwest National Values Debate

Published

4 weeks ago

November 24, 2024

Sahara Weekly

LAUTECH Emerges Qualifier at NOA Southwest National Values Debate

In a thrilling display of intellect and oratory, Ladoke Akintola University of Technology (LAUTECH) has been crowned the Southwest champion at the 7 for 7 National Values Charter Campus Debate and Capacity Building Conference. The event, organized by the National Orientation Agency (NOA) and held at the Julius Berger Hall of the University of Lagos, aimed to inspire a culture of national values and civic responsibility among Nigerian youth.

The competition culminated in a gripping debate between LAUTECH, represented by Adekunle Ayomide and Oladeji Olushina, and the University of Ibadan, represented by Oyedijo Olarenwaju and Chineke Ugochukwu. The teams dissected the topic, “7 for 7 National Values Charter: Striking the Balance Between Government Promises and Citizens’ Responsibilities in Nation-Building,” presenting compelling arguments that explored the intricate interplay between governance and civic duty.

LAUTECH’s Adekunle Ayomide impressed with his calm yet authoritative delivery, while Oladeji Olushina’s vivid examples underscored the importance of shared responsibility. Their counterparts from the University of Ibadan countered with historical insights and pragmatic solutions, making the contest a true battle of wits.

After intense deliberations, the judges awarded LAUTECH the southwest championship title, earning them a ₦5,000,000 prize and a ticket to the grand finale, where they will compete for the ultimate ₦20,000,000 prize.

The event was more than a competition. A capacity-building segment led by distinguished facilitators offered invaluable insights to attendees. Oluseye Taiwo Adepoju, renowned as “The Oracle” and a Gallup-Certified Strengths Coach, delivered a session on leadership and personal development, encouraging participants to harness their unique strengths for societal impact.

Dr. Leonard Okonkwo, a Consultant Clinical Psychologist, engaged the audience with an exploration of human behavior and its role in national progress. Through practical exercises and anecdotes, he emphasized the need for mental and emotional resilience in achieving personal and societal goals.

Tolu Meduna, the program coordinator, articulated the essence of the initiative: “Our goal is to raise Citizen Values Brigadiers—youths who will champion the ethos of unity, accountability, and resilience. This is how we build a stronger Nigeria.” Meduna also outlined the event’s national scope, noting that the debate series will span all six geopolitical zones of the country, with the ultimate winner determined by online viewers at a live broadcast event.

The conference attracted notable dignitaries, including Hon. Moruf Akinderu Fatai, Lagos State Commissioner for Housing; Hon. Opeyemi Alabi, Senior Special Assistant to the Lagos State Governor on Youth Mobilization; and Izehi Semira, Founder of Shape A Child Initiative. Hon. Fatai lauded the initiative, stating, “This aligns perfectly with our collective mission to create a Nigeria where values drive progress.”

As the curtains fell, the 7 for 7 National Values Charter left an indelible mark on participants. Beyond the awards and accolades, the initiative ignited a renewed commitment to unity, accountability, and national development. All attendees received Citizen Values Brigade certificates, symbolizing their role as ambassadors of change. The National Identity Project is championed by the director general of the National Orientation Agency, Mallam Lanre Issa Onilu.

For LAUTECH, the journey to the national grand finale promises new challenges and opportunities. For the nation, the message was clear: embracing shared values and responsibilities is the path to a brighter future.

The value train continues its journey, uniting hearts and minds in a shared vision of progress and national pride.