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CUSTOMSGATE: $3 BILLION PROJECT RUNS INTO DISPUTE

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1 year ago

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CUSTOMSGATE: $3 BILLION PROJECT RUNS INTO DISPUTE

CUSTOMSGATE: $3 BILLION PROJECT RUNS INTO DISPUTE

 

 

 

Despite a restraining court order and informed legal opinions, the Federal Executive Council, FEC, Wednesday, ratified the re-award of concession on the implementation of the Nigeria Customs Service Modernisation Project. The E-Customs project is worth $3.1bn.

 

 

 

 

 

 

Rising from the FEC meeting presided over by Vice President Yemi Osinbajo, the Minister of State, Finance, Budget and National Planning, Clem Agba said council approved a memo appointing Messrs Bergman Security Consultant and Supplies Limited as the project sponsor, Africa Finance Corporation, as lead financier while Huawei Technologies will be retained as lead technical service provider.

 

 

 

 

 

 

The Minister said he was unaware of a pending court order on the matter although two Senior  Advocates of Nigeria had written the Minister of Justice and the Minister of Finance  on the need to obey a court order in a suit FHC/ABJ/CS/848/2022 filed by the original concessionaire, Messrs E-Customs HC Project.

 

 

 

 

 

 

The senior lawyers, Messrs Ahmed Raji and Dipo Okpeseyi in separate letters last week warned the AGF; the Minister of Finance, Budget and National Planning and Secretary to the Government of the Federation of “underhand efforts being made to obtain the Federal Executive Council’s approval and or ratification of the re-award of the E-Customs Modernisation Project.”

 

 

 

 

 

 

In a follow-up letter to the Vice President, Prof Yemi Osinbajo, Ahmed Raji and Co. called attention to the pendency of a suit on the subject matter at the Federal High Court, Abuja, and claimed that the Ministry of Finance, at the goading of the Comptroller General, Nigeria Customs Service, has perfected plans to present a memo for the Council’s ratification of a new concessionaire in a brazen disregard for the rule of law.

 

 

 

 

 

Specifically, the lawyers had asked the Federal Executive Council to suspend, discontinue or discountenance any request to initiate deliberations or a fresh request for approval for the award of the said contract to any other bidder aside the original approval granted by FEC to Messrs E- Customs Project Limited.

 

 

 

 

 

 

“It is in spite of all these that the Nigeria Customs Service is pushing to have the FEC grant another approval with the sole purpose to embarrass, over reach and undermine the earlier approval and ratification by the FEC and prejudice the matter pending in court,” said Mr Okpeseyi in his letter to the Secretary to the Government of the Federation dated April 11, 2023. The same letter was copied to the AGF, the Minister of Finance and the CG, NCS.

 

 

 

 

 

 

In the affidavit deposed at the court by Alhaji Umar Tanko-Kuta, representative of the plaintiffs in the suit, he had averred that FEC on 2 September, 2020, approved the appointment of Messrs E-Customs HC Project Ltd as the concessionaire for the project on a 20-year concession agreement.

 

 

 

 

 

He also averred that a dispute arose when the CG, Nigeria Customs Service “sought to impose a shareholding and governance structure on the concessionaire in a manner inconsistent with the negotiated terms and the full business case approved by the Infrastructure Concession Regulatory Commission.”

 

 

 

 

 

The Federal High Court in Abuja had in June, 2022, restrained the Federal Government from enforcing or giving effect to the agreement on the Customs Modernisation Project otherwise known as E- Customs allegedly executed by its agents on May 30, 2022 which substituted the rightful concessionaire with another company- Trade Modernization Project Limited- registered at the Corporate Affairs Commission on 6 April, 2022.

 

 

 

 

On 20 February, 2023, Justice Inyang Ekwo asked all parties to preserve the res of the matter and do nothing to interfere with the proceedings.

 

 

 

 

 

The agents who allegedly executed the disputed concession agreement are the Nigeria Customs Service, Trade Modernization Project Limited, Huawei Technologies Company Nigeria Limited and Africa Finance Corporation.

 

 

 

 

 

The court also issued an order of interim injunction against the Federal Government or its agents, acting through the Federal Executive Council, from retrospectively ratifying the decision to concession the Customs Modernisation Project also known as e- customs project to Trade Modernization Project Limited, Huawei Technologies Company Limited and Africa Finance Corporation.

 

 

 

 

 

 

The court also specified that the order shall last till the hearing and the determination of the suit brought against the Federal Government and other parties by two aggrieved companies.

The case was on Wednesday adjourned to 8 June, 2023, for definite hearing.

 

 

 

 

 

 

Recall that the plaintiffs, E-customs HC Project Limited and Bionica Technologies (West Africa) Limited jointly challenged the alleged unlawful and fraudulent replacement of their names in the concession agreement earlier approval by President Muhammadu Buhari and ratified by FEC on 2 September, 2020.

 

 

 

 

 

Counsel to the two aggrieved companies, Anone Usman of Ahmed Raji Chambers had on behalf of the two plaintiffs argued an ex-parte application praying the Federal High Court for the interim orders against the defendants to protect the interest of his clients.

 

 

 

 

 

 

 

Justice Ekwo while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project.

 

 

 

 

 

Defendants in the suit are the Federal Government of Nigeria; Attorney-General of the Federation; Minister of Finance, Budget and National Planning; the Infrastructure Regulatory Concession Commission; Nigeria Customs Service; Trade Modernization Project Limited; Huawei Technologies Limited; Africa Finance Corporation and Bergman Security Consultant and Supplies Limited being 1st to 9th defendants respectively.

 

 

 

 

 

 

The two plaintiffs had in their statement of claim narrated how they proposed to carry out customs modernization project through several government officials for the benefit of the Nigeria Customs Service.

 

 

 

 

They claimed that after series of meetings and negotiation with some of the defendants, President Muhammadu Buhari granted anticipated approval for the e- custom Project

 

 

 

 

 

They averred that on September 2, 2020, the Minister of Finance presented a memo number EC2020/153 to the Federal Executive Council, FEC, the highest decision-making body of the Federal Government, and secured approval for the two plaintiffs to be granted the concession.

 

 

 

 

 

 

Plaintiffs further claimed that trouble started when the Nigeria Customs Service unilaterally reviewed the FEC approval and imposed other conditions among which are shareholding formula and governance structure.

 

 

 

 

 

 

They claimed that the power of the NCS to unilaterally review FEC approval was protested and that the Comptroller General of Customs stood his ground. Plaintiff asserted that to their surprise they read in the news that the Nigeria Customs Service had executed a concession agreement with Trade Modernization Project on May 30, 2022, Huawei Technologies Company and African Finance Corporation in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.

 

 

 

 

 

They averred that Trade Modernization Project was incorporated April, 2022 at the Corporate Affairs Commission with one Alhaji Saleh Amodu, a close friend of the Comptroller General of Customs as the chairman.

 

 

 

 

 

Plaintiff asserted that the new company having been just incorporated in April 2022 could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission and the approval of the Federal Executive Council to carry out the e- customs project.

 

 

 

 

 

 

They therefore asked the court to make a declaration that the decisions of the Federal Government and its agents to enter into concession agreement with Trade Modernization Project, Huawei Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.

 

 

 

 

 

 

They also asked the court to declare that E-customs HC Project Limited is the approved and rightful concessionaire for the e-customs project as approved by   the Federal Executive Council at its meeting of September 2, 2020 and in line with Section 2 of the Infrastructure Concession Regulatory Act.

 

 

 

 

They also applied for an order of the court directing the Federal Government through the AGF, Finance Minister, ICRC and NCS to consummate the E- customs project with the 1st plaintiff as approved by FEC in September 2020.

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Sahara weekly online is published by First Sahara weekly international. contact [email protected]

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RE NATIONWIDE HARDSHIP PROTEST: A TIMELY WARNING

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15 hours ago

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July 26, 2024

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THE ISRAEL OF SHAITAN

RE NATIONWIDE HARDSHIP PROTEST: A TIMELY WARNING. 

 There is nothing wrong with a peaceful demonstration and a lawful legitimate protest. What is unacceptable is a premeditated attempt by a group of faceless individuals who are on the payroll of subversive elements to destabilise the country and incite people to violence and carnage.
RE NATIONWIDE HARDSHIP PROTEST: A TIMELY WARNING. 
That is what this so-called #nationwidestrike that they have labelled as the #endbadgovernanceprotest is all about. Worse still there is a covert and subterranean attempt to provoke the security forces to open mutiny and rebellion against constituted authority and thereby truncuate our democracy.
 Those that are behind it are attempting to take advantage of the undoubtedly enormous economic challenges in the land to create panic, fear, chaos and mass unrest with a view to provoking anarchy, mayhem and armed insurrection.
 This is unacceptable and no responsible Government will sit back and allow it to happen. I urge those that are behind this surreptitious, subterranean and sinister subterfuge to have a rethink and not spark off a reaction from the security forces that they will later regret.
 We do not want or need a nationwide #endsars-like round of protests and neither can we afford the attendant violence, strife, division, damage to property and bloodshed that comes with it.
 The way forward is to put off the protest, exercise patience, enter dialogue with the Federal Government and express our collective concerns in a lawful, restrained, responsible and legitimate manner. Anything outside of that will be dangerous and counter-productive.
 (FFK)

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Billionaire kidnapper: Untold story of Henry Odenigbo’s exploits as Nollywood actor, producer

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17 hours ago

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July 26, 2024

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Billionaire kidnapper: Untold story of Henry Odenigbo’s exploits as Nollywood actor, producer

Billionaire kidnapper: Untold story of Henry Odenigbo’s exploits as Nollywood actor, producer

Being a kidnapper was something that never crossed our minds – Rivers AGN Chairman
•Odenigbo featured only in his own movies, never harassed or owned actors
•I’m scared, says Kelvin Ikeduba who acted in one of his movies ‘Born in the Ghetto’

 

Fear, shock, and disbelief are the words to describe the reactions of many filmmakers and movie stars in Rivers State where the slain billionaire kidnapper, Henry Odenigbo, held sway as an actor and film producer before he met his Waterloo on July 4 in Lagos.

 

 

Ode, as he was popularly called, was the ring leader of a gang of nine kidnappers who targeted wealthy individuals in Lagos. They were killed after a shootout with the police at Ladipo, Mushin area of Lagos.

While he was alive, the late kidnapper who was seen as one of the biggest financiers of movie productions in Rivers, was the owner of Port-Harcourt-based Aso-Rich Production.

But unknown to movie makers in the state, Ode was a kidnap kingpin who was using the production outfit as a camouflage to carry out his nefarious activities.

Fortunately, actors were not his main target.

Narrating how the late billionaire kidnapper, who hailed from Imo State came to be known as an actor and film producer, the Chairman of Actors Guild of Nigeria,AGN, Rivers State chapter, Dr. Ken Osunwa, in a chat with Vanguard, said the late Ode was never close to anybody in the industry, adding that he only featured in his own-sponsored movies.

 

 

 

According to him, the late kidnapper was never a member of AGN, Rivers State, nor a member of Association of Movie Producers, AMP, Rivers State chapter.

Speaking further, Osunwa, who noted that Odenigbo never attended any of their meetings or events, said: “He hailed from Imo State and came to set up a movie production outfit in PH. I’ve already done a disclaimer when the news got to me and people were talking about him as an actor.

“Yes, he was acting in his own-sponsored movies and not practising in Nollywood, Rivers State, in the sense that he never featured in other people’s productions.

 

“To the best of my knowledge, Ode never had an issue with other practitioners in the state. I was never called to settle issues with him and others.’’

He, however, acknowledged the fact that the late billionaire kidnapper never owed any actor, director or producers who worked for him.

“He was bringing different actors, producers and directors to work for him and at the end of it, he paid off everyone.

“He invested in the Nollywood industry like any other investor. Nobody knew his source of wealth and when I received the news of his killing by the police in Lagos, I was very surprised. I thank God that all our actors who were working with him are safe and fine. Nobody was missing and from the report from his production, he was not owing anybody.”

Besides producing movies, the late Henry Odenigbo also had a Film Academy, called Ason Rich Movie Academy, where he trained cameramen, scriptwriters, actors, producers and directors, sound mixers, make-up artists, and production managers, among others.

 

 

Before his death, Ode was promoting a one-month intensive training opportunity for youths on his Instagram page, which was supposed to kick off on Monday, August 5, and run till August 31, in Rivers. But that dream is gone with his exit.

Recounting how Ode recently completed his last production before his exit, Osunwa said he (Henry Odenigbo) as a kidnapper, was something that never crossed their minds in Rivers State, adding ‘’This is because he was nice to the people that worked for him.”

Meanwhile, as a way of stopping a recurrence of the ugly incident in future, Osunwa said his group had started profiling every production house in Rivers State to know their identities as well and get acquainted with them, to monitor closely whatever they were doing.

“We have also started sensitizing our members on how to identify fake production houses in the state. Like in every sector of our society, there are different kinds of human beings operating with a different mindset. We must fight them to avoid ruining our sector,” Osunwa added.

One of the popular actors, Kelvin Ikeduba, who featured in one of the late kidnapper’s movies, “Born in the Ghetto” which was released early last month, said he was scared when he heard the news of Odenigbo’s death.

 

 

 

He was thankful that nothing happened to him while on the set of the deceased’s movie.
The actor said: “I only featured in one of his movies, ‘Born in the Ghetto.’ They would have killed them before now. I was scared. I went to work in PH, what if there was no job and they came up with a plan? Who knows!

‘’I am very happy with the news of their death. For me, it’s a big testimony. Do you know what it means when someone comes every day to pick you up in the hotel without you knowing what they are doing for a living?’’

He added that the director, Ifeanyi Akanaga, invited him to be part of the production.
However, disassociating Nollywood from the slain kidnapper, the President of the Directors Guild of Nigeria, DGN, Dr Victor Okhai, said what happened was a call for ‘a united Nollywood’, where they would be privileged to know who is who in the industry.

He argued that while bad eggs were also found in other sectors, the slain kidnapper was never a member of any guild in Nollywood.

Similarly, the President of the Association of Movie Practitioners, AMPRAC, Ifeanyi Azodo, said checks on AMPRAC’s database showed that the late kidnapper was never a member of the association, adding that people of questionable character were never admitted into the association

In a disclaimer, Osunwa dissociated the AGN from the filmmaker, Odenigbo alongside three other persons who claimed to be film practitioners.

The guild, in a statement, said the three persons who died in the shootout with the police at Ladipo were not their members.

The statement read: “The Rivers State chapter of the Actors Guild of Nigeria at this moment, disclaims any affiliation with the individuals who tragically lost their lives in a recent kidnap incident in Lagos. Specifically, Prince Henry Asonna (Executive Producer of Aso Rich), Angel Emanuzo (Associate Producer), Chris Ahaneku (Logistics Manager-Aso Rich), and Jerry Eze (Camera Assistant) were not members of our guild. They were not part of our organization.

“They have never been associated with our guild events and are not on our register. They were not affiliated with us, to the best of my knowledge, and we condemn any false associations and news making the rounds that AGN members from Rivers State were involved in the kidnapping.”

Veteran actor, Kanayo O. Kanayo, also cautioned the public on his Instagram page against referring to the slain kidnapper as a movie producer.

 

 

In the same vein, AGN’s Financial Secretary, Emeka Duru, frowned on associating the slain kidnappers with Nollywood, saying “Because they made a movie is not doing justice to the industry.”

Meanwhile, in 2024 alone, Odenigbo’s outfit, Ason-Rich Movie Production, produced over ten films, including ‘Born in the Ghetto’, ‘Love At The Pool’, ‘My Half’, ‘Little Top Up’, ‘Regards for Love’, “Wild Love”, ‘Clue Girl’, ‘Blind Blood’, ‘To Forgive’, “Sharon’s Fate”, which featured Yul Edochie, and ‘Bethlehem.’

In 2022, he produced such movies as “Royal Ties” among others.

The late kidnapper worked with famous actors, such as Yul Edochie, Kelvin Ikeduba, and Eve Esin. But checks also revealed that he mostly worked with fast-rising actors or relatively unknown faces in the industry.

As an actor who was always posting all his movie jackets on Instagram, the late kidnapper portrayed bad-boy roles and wielded guns in movies, as seen in one of his most recent roles in “Blind Blood” as posted on his Instagram page on April 26. He was also honoured on March 16, 2024, when organizers of Nollywood Indigenous Filmmakers of Nigeria, NIFMON, awarded him the ‘Best Filmmaker in Port Harcourt’.

 

Weeks later, on March 31, E-flex named him Nolly TV’s Best Grassroot Filmmaker for 2024/2025.

 

By  By Benjamin Njoku

@VANGUARD

 

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Tinubu Issues Stern Warning Against Protest With Destructive Tendencies

Published

18 hours ago

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July 26, 2024

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RE NATIONWIDE HARDSHIP PROTEST: A TIMELY WARNING. 

Tinubu Issues Stern Warning Against Protest With Destructive Tendencies

 

 

President Bola Tinubu on Thursday in Abuja emphasized the importance of sustaining democracy, its norms and institutions, noting that protests are an integral part of democracy but that no government will condone demonstrations that lead to the destruction of lives and property.



The President spoke at the Presidential Villa when he received a Letter of Credence from the newly appointed United States Ambassador to Nigeria, Mr Richard Mills Jr.

”Our relationship with America is rich. We believe in democracy and freedom. Some of your predecessors worked hard during our transition to democracy, and we remember the likes of Ambassador Howard Jeter.

”We look forward to Nigeria and the United States continuously working to expand cooperation on shared goals and democratic values.

”During the military era, we made our voices heard against dictatorship, and I was part of the group that engaged in peaceful protests without resorting to the destruction of property.

”We have worked hard to ensure 25 years of unbroken democracy and I will continue to maintain this democracy.

”In as much as we believe that demonstrations are part of democracy, we will never encourage any protests that lead to the destruction of lives and property,” the President stated.

Welcoming the U.S. State Department’s acknowledgement of Nigeria’s strategic role on the continent as Africa’s largest democracy, President Tinubu called on the U.S. government to pay more attention to Africa.

”Nigeria is ready to play its role as the largest democracy in Africa that is worthy of emulation to other African countries, but we need more U.S. partnership on the continent that is beneficial to both sides.

”We believe in freedom, and we are providing the leadership to make Nigeria’s economy grow,” the President said.

Ambassador Mills affirmed U.S. support for Nigeria’s democracy and pledged support for bigger roles for Nigeria in the international arena.

”Nigeria is crucial to the United States because we share democratic values, and we are ready to give you all the support.

”I am here to make sure that the relationship blossoms both on democracy and the economic side,” Ambassador Mills said.

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