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LICENSED LOTTERY OPERATORS FORUM DISAGREES WITH HOUSE OF REPRESENTATIVES OVER SUPPOSED INDICTMENT

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We are solicitors to The Licensed Lottery Operators Forum which comprises most of the registered lottery operators in Nigeria.

Our clients have briefed us that at the proceedings of the House of Representatives on the 21st of May, 2018 certain comments were made by members of the House of Representatives Committee on Governmental Affairs with reference to lottery operations in Nigeria. The relevant conclusions to be deduced from the totality of the comments are as follows:

1.   All licenses issued from 2008 till date were not validly issued and all lottery operators including our clients are operating illegally as only one lottery company is legally authorized to practice in Nigeria.

2.   That Lottery Operators including our clients fraudulently diverted Government funds and are therefore indebted to the Federal Government to the tune of N1.3trillion naira only.

3.   That the Economic and Financial Crimes Commission will be mobilized to recover the said N1.3trillion Naira from the Lottery Operators.

It has become necessary to issue this Press Release to create the correct impression as most members of the public will give serious attention to the above comments coming from an institution as respectable as the House of Representatives.

As a preliminary point, our clients are not a Department or Agency of Government charged with the responsibility of disbursing or administering moneys appropriated by the National Assembly and cannot by any stretch of interpretation be the subject of investigation by the National Assembly. Section 88 of the 1999 Constitution of the Federal Republic of Nigeria provides as follows:

(1)     Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed an investigation into –

(a) any matter or thing with respect to which it has power to make laws; and

(b) the conduct of affairs of any person, authority, Ministry or government department charged, or intended to be charged, with the duty of or responsibility for –

(i)           executing or administering laws enacted by the National Assembly, and

(ii)          disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

(2) The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to –

(a) make laws with respect to any mater within its legislative competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.”

A cursory reading of the above constitutional provision clearly shows that in seeking to investigate our clients, the House of Representatives have obviously stepped outside their constitutional roles.

With respect to the first issue raised by the House of Representatives, the procedure for the issuance of licenses to Lottery Operators is clearly set out in the National Lottery Act. The provisions of the Act were duly complied with in the issuance of lottery licenses to our clients by the National Lottery Regulatory Commission. In any event, it is not the duty of the House of Representatives to determine the validity of the licenses and it is ultra vires the House of Representatives to revoke the licenses of Lottery Operators by proclamative fiat.

We do not want to assume, despite its probability, that these proclamations made by the House of Representatives are targeted at eliminating perceived competitors in the lottery industry and entrenching a monopoly as such a move will be resisted being contrary to the Federal Government’s policy on liberalization of businesses.

On the issue of the indebtedness of our clients to the Federal Government to the tune of N1.3trillion naira, it is important to point out that the House of Representatives is not in the proper position to assess the workings of the lottery industry. The fact remains that the lottery industry is bedeviled with many challenges and the revenue projected by the House of Representatives is unrealistic and far from the present state of affairs. As law abiding citizens, the Lottery Operators are willing to submit their books to scrutiny to the relevant agencies as evidence of the transparency of the Nigerian Lottery Scheme.

We would have thought that the House of Representatives would have devoted this time and effort into looking for ways to solve the problems bedeviling the lottery industry like multiple taxation, excessive regulation, high import duties and irregular cost template than dissipating energy on the present course.

While we recognize the oversight and investigative powers of the legislature under sections 88 & 89 of the 1999 Constitution, the said powers like we pointed out above are not at large and have been circumscribed by judicial decisions, the most recent of which is FESTUS KEYAMO V. HOUSE OF REPRESENTATIVES (SUIT NO. FHC/ABJ/CS/163/2009) By necessary application, the position of the court is to the effect that the House of Representatives of any of its Committees does not have the powers to accuse private citizens of companies of unwholesome or fraudulent conduct neither are they empowered to make recommendations or pass any resolution concerning the conduct of any private persons or company who is not charged or intended to be charged with the duty of administering laws enacted by the National Assembly or disbursing funds appropriated by the National Assembly.

The general public and investors are therefore alerted not to be misled by the so-called Resolution of the House of Representatives as it relates to the operations of our clients as the so-called Resolutions do not reflect the true position of facts and the law.

Thank you.

JOHN AINETOR, ESQ.

Assistant Head of Chambers

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*Prophet Genesis Receives Hero’s Welcome from Thousands in Abeokuta, Ogun State, Following the Highly Successful Abeokuta Invasion 2024 Program*

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*Prophet Genesis Receives Hero’s Welcome from Thousands in Abeokuta, Ogun State, Following the Highly Successful Abeokuta Invasion 2024 Program

 

 

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Lawyer Replies Agbakoba on EFCC’s legal status

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*Lawyer Replies Agbakoba on EFCC’s legal status

*…your position based on legal sophistry than substance

 

A lawyer and former member of the House of Representatives, Kayode Oladele, has faulted the position of the former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) on the legal status of the Economic and Financial Crimes Commission (EFCC), describing it as “legal sophistry “

 

Oladele’s response was a rejoinder to an interview granted by Agbakoba wherein he said EFCC lacked the powers to interfere in state affairs, and a fresh letter written by Agbakoba to the Joint National Assembly Constitution Review Committee.

 

The renewed onslaught against the EFCC is not unconnected with its bold and reinvigorated move, especially in the last one year, to investigate and prosecute some highly placed politically exposed persons like the former Governor of Kogi State, Mr. Yahaya Bello and others. Kogi State actually initiated the pending case at the Supreme Court before being joined by about 15 other states.

Oladele maintained that: “It is pertinent to state that the Economic and Financial Crimes Commission (EFCC) is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering and misapplication and misappropriation of public funds,

“With due respect, Mr. Agbakoba SAN’s position is more of legal sophistry rather than legal substance. His position does not represent the correct position of the law as it runs contrary to the long-settled position of the law as handed down by the superior courts of law including the Apex Court in Nigeria. It is settled law that Nigeria operates a co-operative federalism as opposed to dualist federalism and under co-operative federalism as practiced in Nigeria, some agencies are common agencies for both the Federal and State Government,” he said.

Oladele posited further that the view expressed by Agbakoba does not have any legal backing “and therefore unsupportable in law and practice”.

He went on further to state that, “Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes, and as such, it qualifies as ‘any other authority’ to institute criminal proceedings under section 174(1)(b) and section 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“Again, these statutory provisions have been given judicial considerations by the Supreme Court and the Court of Appeal, in line with my position and contrary to Mr. Agbakoba’s views or submissions on this issue.

“EFCC is expressly conferred with powers under sections 6(m), 9(2) and 13(2) of EFCC (Est.) Act to initiate criminal proceedings in any court in Nigeria for any offence bordering on economic and financial crimes, even under the Penal Code. The EFCC cannot, therefore, be faulted for initiating the instant charge in the name of “Federal Republic of Nigeria”. This is because the Federal Government of Nigeria is not synonymous with the Federation of Nigeria, or the Federal Republic of Nigeria.

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CNS Ogalla and His Exploits on War Against Oil Theft By Toby Prince

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CNS Ogalla and His Exploits on War Against Oil Theft

By Toby Prince

 

Nigeria’s vast maritime frontier stretches an impressive 84,000 nautical miles, rivalling a third of its landmass. With over 3,000 lakes and rivers, this complex terrain demands bold leadership.

 

 

President Bola Ahmed Tinubu recognised this challenge, appointing Vice Admiral Emmanuel Ikechukwu Ogalla as Chief of Naval Staff in June 2023. A seasoned navigator, Ogalla embodies the determination, discipline, and vision needed to harness Nigeria’s maritime potential.

 

Ogalla took over office on June 23, 2023, with a bold vision to transform Nigeria’s maritime security and blue economy. His comprehensive strategy, the Total Spectrum Maritime Strategy (TSMS), tackles maritime crimes and promotes economic growth.

With his vast knowledge of the maritime domain and tactical operations, Ogalla outlined a detailed agenda to combat maritime crimes and foster the growth and development of the blue economy. This agenda includes the designation of Special Courts for Maritime Crimes, Advocacy Campaigns to enlist community support, and Socioeconomic Crime Prevention Strategies.

The TSMS also focuses on enhancing naval capabilities through fleet renewal, operational readiness, and infrastructural development. Additionally, it prioritizes human capital development through personnel welfare and motivation, manpower training, and youth and sports development.

To ensure effective implementation, Ogalla’s strategy emphasizes maritime stakeholders’ engagement and interagency cooperation. By implementing these measures, the CNS aims to safeguard Nigeria’s maritime interests, promote economic growth, and enhance regional stability.

A strong believer in a highly motivated professional naval force which is capable of shaping the security outcomes within Nigeria’s maritime domain and the littorals, including land-based engagements in fulfilment of national interest, CNS Emmanuel Ogalla also, set in various measures and alternatives aimed at maintaining and equipping a professionally competent and ethical naval force, which will leverage on all the elements of national powers to effectively defend Nigeria’s maritime area against all forms of threat so as to deliver the imperatives of national security.

Consequently, to prove that all these are not about mere sloganeering and banters without effective actions, the CNS carried out various reforms and projects aimed at recapitalizing the Naval ship.

This led to the equipping of the Naval Shipyard Limited, saddled with the responsibility of constructing and fabricating small boats, big vessels and other facilities of the Navy.

This move has in no small measure reduced capital flight and enhanced, as well as encouraged the training and development of skilled manpower.

As part of his commitment and dedication to the welfare of his personnel, Vice Admiral Ogalla on several occasions personally undertook the inspection of his troops for an on-the-spot assessment of their operational readiness.

Those visits also served as a morale booster and helped to motivate the personnel.

His efficiency and effectiveness in the deployment and utilization of the Naval personnel, platforms, helicopters, and UAVs for surveillance and interdiction operations throughout the Niger Delta including the employment of both kinetics and non-kinetic measures have also led to massive and unprecedented breakthroughs and successes being recorded by the Nigeria Navy on the protection of the nation’s territorial waters, such that massive quantities of stolen products were recovered, with the dismantling of illegal refining sites, arrest of suspects, seizure of stolen products, and the disruption of oil thieves and vandals.

Consequently, with three months of intense operation of Operation DELTA SANITY; which is his brainchild, the Nigeria Navy recorded the seizure of 95 wooden boats, deactivated 119 storage tank refining ovens, and the deactivation of 447 dugout pits. The Navy also deactivated 120 illegal refining sites and sized 13 fibre boats.

Other achievements and successes recorded include the seizure of 9 vehicles and the arrest of 14 vessels and 74 criminal suspects.

Some of the arrested vessels include MT KALI, MT HABOUR SPIRIT, MT SAISNIL, MV TOKITO, MT VINILLARIS, and MT SWEET MIRI.

It is instrumental to note that, these operations have consequentially impacted climate change in the mitigation of hazardous air pollution and the curbing of sooth.

Through a policy of effective and deliberate human capacity development, as an ingredient for a highly professional and motivated workforce, he has entrenched a highly motivated professional and ethical naval force with a formidable capacity and the required competencies to defend the Country’s maritime space against threats of any kind.

A strong believer in collaboration as a key to success and sustainability, the CNS partners with agencies such as NIMASA, NPA, NDLEA, NOSDRA, and NEMA, as well as many foreign partners, including holding Bilateral meetings and talks with the American chief of Naval Service, Operation (CNO).

This extensive work has brought about trust, confidence building, synergy and operational successes. The Total Spectrum Strategy has led to the Zero Piracy Rating Status of Nigeria by the International Maritime Bureau.

Through his commitment to the ideals of the Tinubu Presidency, the Nigerian Navy has supported land operations in all the geopolitical zones of the country, winning the war against evil and ensuring a crime-free Nigeria.

The Nigeria Navy under his watch, through the strategy of Maritime Domain Awareness Capacity, not only ensured the compliance of its personnel to civility, and activated deterrent measures to curb negligence and unprofessional conduct of personnel but also provided all year-round situation awareness of Nigeria’s maritime domain extending to the limits of the Exclusive Economic Zone.

Through the use of its Maritime Domain Awareness Facilities, the Navy has enhanced early detection and swift response to incidences within the maritime environment.

With the capitalization of 2 XSeaward Defense Boats (SDB); constructed locally, the various Platforms, thereby ensuring and supporting its anti-piracy, anti-CoT, anti-IUU and anti-illegal drugs, combined with the acquisition of 2nd Offshore Survey Vessels, 2 by 32m FPBs and helicopters (NNS CHALAWA, P196-Seaward Defense Boat, NNS ZUR P195 – Seaward Defense Boat and NNS OCHUZOR Survey Vessels and the delivery of 2 by 76m OPVs from Turkey, the Nigeria Navy remains the most dominant in the Gulf of Guinea (GoG) and the 4th largest in Africa.

Presently, under Vice Admiral Ogalla, the Nigerian Navy has over 50 capital ships and several hundreds of boats to cover the maritime space and internal waters. While the capital ships are used to patrol the sea, the small vessels carry out routine patrols also.

His non-kinetic approach has brokered several peace initiatives amongst communities and deepened community-military harmony within Nigeria’s Oil/Gas littoral area.

Not leaving out the welfare of the personnel, Vice Admiral Emmanuel Ogalla, has also demonstrated leadership and empathy by ensuring the construction of 50 units of 3 bedrooms, 128 units of 2 bedrooms and 120 units of 2 bedrooms apartments in Galadimawa, Asokoro Abuja, Lagos, Calabar and Port-Harcourt.

With an eye on sustainability, intellectual development and research, the Chief of Naval Staff on the 1st of June, 2024 launched the International Maritime Institute (IMION), an institution which will serve as a confluence for maritime discourse, the scintillation of ideas, and a vehicle for the articulation of maritime strategy on the African Continent.

With the launch of this crowning glory, the CNS intends to decimate, with a single shot, an institution which will also serve as a think-tank for maritime strategic thinkers, practitioners and allies with a far-reaching benefit of enhancing effective interaction, idea sharing and research into maritime strategic affairs affecting not only the Gulf of Guinea but the rest of the world, in such thematic areas as, maritime and ocean governance, maritime security, law enforcement, hydrography, blue economy, and climate change amongst others.

Under Ogalla’s visionary leadership, Nigeria’s war against oil theft has witnessed unprecedented success. His bold strategies, collaborative approach, and commitment to personnel welfare have transformed the Nigerian Navy into a formidable force. The Total Spectrum Maritime Strategy has yielded remarkable results, significantly boosting national security and contributing to global maritime stability. Ogalla’s efforts have solidified his legacy as a champion of maritime security and economic growth, earning the confidence of Nigerians and international partners alike.

Prince wrote this piece from Abuja.

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