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Court Grants Diezani Alison-Madueke’s Prayer Challenging Forfeiture Order

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A Federal High Court in Abuja on Monday, granted an application by former Minister of Petroleum, Diezani Alison-Madueke, to amend her suit challenging the order obtained by the Economic and Financial Crimes Commission (EFCC) for final forfeiture of her seized assets.

Justice Inyang Ekwo granted the request after the motion was moved by Diezani’s lawyer, Godwin Inyinbor, and the EFCC’s counsel, Divine Oguru, did not oppose it.

When the matter was called, Inyinbor, who appeared for Diezani, informed the court that they had already filed a motion for amendment of their originating process and the defendant had been duly served.

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Oguru did not raise any objection to the ex-minister’s plea to amend her suit and Justice Ekwo granted it as prayed.

The judge, who gave Diezani five days to file and serve the amended processes, granted EFCC 14 days from the date of service to respond.

The matter was then adjourned until March 17 for further mention.

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The News Agency of Nigeria (NAN) reports that Justice Ekwo had, on Nov. 21, 2024, fixed today for hearing the motion to amend the originating process.

READ ALSO: VIDEO: Drama As Anambra Security Outfit Threatens To Arrest Ladies Seen Without Bra, Pants

NAN reports that the ex-minister had, through his counsel, Chief Mike Ozekhome, SAN, sued the anti-graft agency as sole respondent.

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Alison-Madueke, in the suit marked: FHC/ABJ/CS/21/2023, sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property.

In the motion dated and filed on Jan. 6, 2023 by her lawyer, the former minister sought five orders from the court.

The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”

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She said she was not given a fair hearing in all the proceedings leading to the orders.

The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.

She argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons regarding the criminal charges pending against her before the court.

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READ ALSO: Diezani Denies Ownership Of Repatriated $52.8m Loot, r Reveals Owner’s Name

She further argued that the courts were misled into making several final forfeiture orders against her assets through suppression or non-disclosure of material facts.

“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts.

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”The court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all.

“The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution.

“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given.

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The EFCC, in a counter-affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss her application.

Mr Zaki, a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said the investigation had clearly shown that she was involved in some acts of criminality.

READ ALSO: $2.5bn Fraud: EFCC To Collaborate With UK Prosecutors In Diezani’s Case

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He said Mr s Alison-Madueke was therefore charged before the court in charge no: FHC/ABJ/CR/208/2018.

“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14 November 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said.

The EFCC operative said most of the depositions in Mrs Alison-Madueke’s suit were untrue.

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He said contrary to her deposition in the affidavit filed in support of the suit, most of the cases which led to the final forfeiture of the contested property “were action in rem, same was heard at various times and determined by this honourable court.”

He said the courts ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the federal government before final orders were made.

Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications.

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We humbly rely on the judgment of Hon. Justice I.LN. Oweibo dated 10th September, 2019 shown in Exhibit C of the applicant’s affidavit,” he said.

READ ALSO: US Recovers $53m From Illegally Awarded Contracts To Diezani, Others

The officer said contrary to her, the final forfeiture of the assets, which were subject to the present application, was ordered by the court in 2017 and that this was not set aside or upturned on appeal.
According to him, the properties have been disposed of through due process of law.

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The anti-corruption agency had planned to conduct a public sale of all the assets seized for being proceeds of crime as ordered by courts to be permanently forfeited to the Federal Government.

The auctioning exercise, conducted on the seized assets believed to include Alison-Madueke’s property, started on Jan. 9, 2023.

The suspended chairman of EFCC, Abdulrasheed Bawa, had revealed that $153 million and over 80 property had been recovered from the ex-minister.

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She was alleged to have escaped to the United Kingdom and remained there after her exit from public office as the petroleum minister, an office she held between 2010 and 2015 under the administration of former President Goodluck Jonathan.

The asset-related suit is different from the one she also filed to seek N100 billion as compensation for a series of EFCC’s alleged libellous publications against her.

(NAN)

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Nigeria Army Alone Cannot Defeat Bandits — Sheikh Gumi

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Islamic cleric Sheikh Ahmad Gumi has said the Nigerian military cannot defeat bandit groups through force, arguing that dialogue remains the only path to resolving insecurity in the northwest and other regions.

In an interview with the BBC, Gumi stated that modern armies worldwide struggle against guerrilla fighters, and Nigeria is no exception.

“But even the military says that in dealing with this civil unrest and criminality, only 25% is kinetic action; the rest depends on the government, politics, and local communities. The military cannot do everything,” he said. “Where have you ever seen the military defeat guerrilla fighters? Nowhere.”

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His comments come as President Bola Tinubu’s administration introduces sweeping security reforms, including changes in military leadership and a nationwide security emergency aimed at tackling violent groups responsible for kidnappings, extortion and rural attacks.

READ ALSO:Gumi Reacts As Saudi Bars Him From Hajj

Addressing accusations of maintaining ties with bandit leaders, Gumi said he has had no contact with them since 2021, when the federal government formally designated the groups as terrorists. “I never went there alone,” he said.

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“It was in 2021 when I was trying to see how we could bring them together. But unfortunately, the government at the time, the federal government, was not interested. They declared them terrorists, and since that time we have completely disengaged from all contact with them.”

Despite criticism that his advocacy emboldens armed groups, Gumi maintained that negotiation with non-state actors is a global practice. “When they say we don’t negotiate with terrorists, I don’t know where they got that from,” he said. “It is not in the Bible, it is not in the Quran. America had an office negotiating with the Taliban in Qatar. Everyone negotiates with outlaws if it will stop bloodshed.”

He described the armed groups as largely “Fulani herdsmen” engaged in what he called an “existential war” linked to threats to their traditional livelihoods of cattle rearing. “They want to exist. That is their life.

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READ ALSO:Insecurity: What Sheikh Gumi Told Me After Visiting Bandits Hideouts — Obasanjo

They know where to graze and how to care for their cattle,” he said, adding that the crisis has grown from farmer–herder tensions into widespread criminality.

Gumi has long faced public backlash for his engagements with bandits and for remarks such as his earlier claim that kidnapping schoolchildren is a “lesser evil” than killing soldiers.

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Meanwhile, Gumi, in the same interview, also restated his view that the abduction of schoolchildren by armed groups constitutes a “lesser evil” than attacks on Nigerian soldiers, while emphasising that both acts are unacceptable.

“I think part of what I said then is correct and part of it wrong,” Gumi said, referring to his controversial 2021 statement.

“Saying kidnapping children is a lesser evil than killing soldiers, definitely it is lesser. But all of them are evil. All evils are not the same.”

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How France Helped Benin Foil Coup Detat

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France helped the authorities in Benin thwart a coup attempt at the weekend, an aide to President Emmanuel Macron said Tuesday, revealing a French role in a regional effort that foiled the latest bid to stage a putsch in West Africa.

Macron led a “coordination effort” by speaking with key regional leaders, the aide, asking not to be named, told reporters, two days after Sunday’s failed coup bid.

France — at the request of the Beninese authorities — provided assistance “in terms of surveillance, observation and logistical support” to the Benin armed forces, the aide added.

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Further details on the nature of the assistance were not immediately available.

A group of soldiers on Sunday took over Benin’s national television station and announced that President Patrice Talon had been deposed.

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But loyalist army forces ultimately defeated the attempted putsch with the help of neighbouring Nigeria, which carried out military strikes on Cotonou and deployed troops.

West Africa has endured a sequence of coups in recent years that have severely eroded French influence and presence in what were French colonies until independence.

Mali saw coups in 2020 and 2021, followed by Burkina Faso in 2022 and then Niger in 2023. French forces that had been deployed in these countries for an anti-jihadist operation were consequently forced to withdraw.

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A successful putsch in Benin, also a former French colony, would have been seen as a new blow to the standing of Paris and Macron in the region.
Guinea-Bissau, a former Portuguese colony, was meanwhile rocked by a coup in November after elections which led to military authorities taking over.
– ‘Caused serious concern’ –

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On Sunday, Macron spoke with Talon as well as the leaders of top regional power Nigeria and Sierra Leone, which holds the presidency of West African regional bloc ECOWAS, the Elysee aide said.

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The situation in Benin “caused serious concern for the president (Macron), who unequivocally condemned this attempt at destabilisation, which fortunately failed”, said the aide.

ECOWAS has said troops from Ghana, Ivory Coast, Nigeria and Sierra Leone were being deployed to Benin to help the government “preserve constitutional order”.
“Our community is in a state of emergency,” Omar Alieu Touray, president of the Economic Community of West African States (ECOWAS) said on Tuesday, highlighting the jihadist threat in the region as well as coups.

The bloc had threatened intervention during Niger’s 2023 coup that deposed president Mohamed Bazoum — an ally of Macron — but ultimately did not act.
France also did not carry out any intervention against the Niger coup.
“France has offered its full political support to ECOWAS, which made a very significant effort this weekend,” said the aide.

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At least a dozen plotters had been arrested and all hostages, including high-ranking officers, had been released by Monday, according to loyalist military sources.

Talon made his own television appearance late Sunday, assuring the country that the situation was “completely under control”.

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Talon, 67, is due to hand over the reins of power in April after the maximum-allowed two terms leading Benin, which in recent years has been hit by jihadist violence in the north.

On Tuesday, former Beninese president Thomas Boni Yayi, whose opposition Democrats party has been excluded from next year’s presidential elections, condemned the failed coup.

“I condemn most vigorously and strongly condemn this bloody and shameful attack on our country,” said Boni Yayi, a former chairman of the African Union who served as Benin’s president from 2006 to 2016.

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The transfer of state power “responds to a single cardinal and unconditional principle: that of the ballot box, that of the people, that of free and transparent elections”, Boni Yayi added in a video posted on Facebook.
(AFP)

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Reps Panel Grills TCN Officials Over Poor Grid Stability

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The House of Representatives Ad-Hoc Committee investigating multi-billion-naira power sector reforms on Tuesday interrogated officials of the Transmission Company of Nigeria (TCN), exposing fresh gaps between Nigeria’s installed power capacity and the electricity actually delivered to homes and industries.

Appearing before the committee chaired by Hon. Ibrahim Aliyu, TCN Managing Director, Dr. Sule Ahmad Abdulaziz, dismissed widely circulated claims that Nigeria currently generates 13,000 megawatts of electricity. He stressed that the figure reflects installed capacity—not what the national grid has ever produced.

The highest ever generated this year was 5,801MW,” Abdulaziz said. “Nigeria has never produced 13,000MW on the national grid. That number is installed capacity, not generated capacity.”

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He explained that until April 2024, the National Control Centre responsible for daily generation and dispatch records was under TCN’s direct supervision, giving the company access to “accurate and verifiable” data.

READ ALSO:Collapsed National Grid Restored – TCN

Responding to scrutiny from committee member Hon. Abubakar Fulata, who questioned why only about 6,000MW is typically wheeled despite supposedly higher available generation, Abdulaziz insisted TCN had never failed in transmission.
“Our transmission capacity today is 8,600MW,” he stated. “At no time has power been generated that TCN could not evacuate. Anyone claiming otherwise should produce the data.”

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On the company’s financial health, TCN’s Executive Director of Finance told lawmakers the company is weighed down by massive debts owed by electricity distribution companies (DisCos), revealing: N217 billion in electricity subsidy debt (Jan 2015–Dec 2020) taken over by the Federal Government
N450 billion owed by DisCos from Jan 2021 to date.

Clarifying controversies around grid instability, a senior TCN system operations official said the company recorded 11 grid collapses, contrary to the 22–23 often quoted.

Giving a breakdown of causes, he explained that six collapses were caused by generation issues, including gas shortages, four linked to vandalism of transmission towers, leading to sudden loss of load, one triggered by distribution network failures, often due to rainfall-induced feeder trips.

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READ ALSO:Blackout Looms As Vandals, Again, Attack Transmission Line – TCN

He emphasised that all three segments generation, transmission and distribution can trigger system collapse, adding that the Nigerian Electricity Regulatory Commission (NERC), with Central Bank support, had implemented Service Level Agreement (SLA) interventions to address systemic bottlenecks.

TCN officials further disclosed the company has over 100 ongoing transmission projects, many of which are 65%–90% complete but stalled for lack of funding.
Power infrastructure cannot be energised at 99%. It must be 100% complete,” an official noted.

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If outstanding debts are paid, we can finish priority projects and strengthen the grid.”

He added that TCN aims to expand wheeling capacity to 10,000MW by March next year through network upgrades and simulation-based grid optimisation.

Committee chairman Hon. Ibrahim Aliyu said the presentations had clarified earlier misconceptions about TCN’s role in the sector’s failures but expressed concern over the slow expansion of critical infrastructure, pledging the parliament intervention to address the anomaly in due course.

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