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Femi Falana SAN: Corruption under PDP became a child’s play under APC (See List)

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Femi Falana, SAN
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• CATALOGUE OF LOOTINGS IN NIGERIA

Globally, subsidies, whether for food, transportation, energy or housing, are part of good governance. So, the issue is not subsidies but who benefit from them.
In Nigeria, subsidies are primarily of the rich, by the rich and for the rich.
I will highlight a few, how they are being manipulated and how huge sums of money can be recovered not just to subsidize fuel but also provide funds for development.

1. Diversion of N40 billion from Federation Account

A company, Continental Transfert Technique, had been hired by the Ministry of Interior to collect the Combined Expatriate Residence Permit and Alien Card (CERPAC) Fee of $2,000 per annum from every expatriate in Nigeria.

The revenue from 2019 comes to an average of N40 billion per annum.
This collection which violates Section 162 of the Constitution and provisions of the Immigration Act 2015, is then shared on percentages of Federal Government,

30, Interior Ministry, 7, Immigration Service, and Continental Transfert Technique, 58 per-cent.

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We challenged this illegality at the Federal High Court and won the cases.
The court directed the NIS to collect the funds henceforth and remit same to the Federation Account.
But the contractor and the federal government appealed against the judgement and have continued to share the N40 billion per annum.

2. Additional Revenue of $1.5 billion payable to Federation Account

In July 2015, I drew the attention of the Federal Government to the fact that the 15-year fiscal incentives given to the oil and gas companies operating under the Deep Offshore and Inland Basin Production Sharing Contracts Act had expired in June 2014.
When the Federal Government ignored our request, we drafted a Bill for the amendment of the law.
The Bill, which was adopted and sponsored by Senator T. Orji, scaled the first reading in the Senate but was not passed before the dissolution of the 8th National Assembly.

However, the same Bill was modified and passed by both Houses of the 9th National Assembly and assented to by President Buhari on November 4, 2019. In justifying the passage of this Bill, Senate President, Ahmad Lawan, announced that the new law would increase the revenue of the nation by not less than $1.5 billion per annum.

3. Outstanding royalties of $62 billion

In campaigning for the amendment of the Deep Offshore and Inland Basin Production Sharing Contracts Act, I requested the Federal Government to collect outstanding royalties payable by the International Oil Companies under the Act.
The Federal Government admitted that the country had lost a whopping sum of $60 billion.
But my demand for the collection of the huge fund was ignored.

The governments of Rivers, Akwa Ibom
and Bayelsa States then approached the Supreme Court which on October 20, 2018 ordered the Federal Government to collect the royalties for the past 18 years.
The Federal Government confirmed that the outstanding royalty withheld by the IOCs is $62 billion but has refused to collect it.

4. FG denied revenue of $500 million by a group of corrupt public officers

The international Cargo Tracking Note Scheme to protect international shipping and prevent the movement of dangerous cargo and arms shipments was introduced into Nigeria in 2010 via an agreement between the Nigerian Port Authority and TPMS, a private company.
Barely a year later, the agreement was suspended.
When our attention was drawn to the illegal suspension of the Cargo Tracking Note system, we protested and the suspension was lifted on May 28, 2015 only to be suspended again in 2016.

In 2022, President Buhari issued an executive order which authorised a company to operate the Cargo Tracking Note.
But five companies sponsored by top government functionaries overruled the President and hijacked the contract.
The company that won the contract has since sued the federal government at the Federal High Court.
Meanwhile, Nigeria has lost at least $500 million while the security of the nation has been compromised by a bunch of corrupt public officers.

*5. Sale of public assets and enterprises

Successive regimes have been selling assets and enterprises owned by the Federal Government to members of the ruling class in the name of privatisation.
The buyers turned round to engage in asset stripping.
According to the Bureau of Public Enterprises, between 2004 and 2012,
the federal government sold 142 public enterprises to members of the ruling class.
The 10 per cent shares reserved for the staff of every privatised enterprise have been cornered by the so called “core investors” contrary to the provision of section 5(3) òf the Privatization and Commercialization Act.

6. $7 billion fixed in 14 banks

Sometime in 2006, the CBN yanked off $7 billion from the nation’s foreign reserves and fixed it in 14 commercial banks in Nigeria.
The deposit and the accrued interests were not recovered from the banks.
When I reported the matter to one of the anti-graft agencies, the CBN claimed that it had forgiven “the forbearance”.

7. Sale of Heritage Bank, Keystone Bank, Union Bank and Polaris Bank by CBN

The CBN took over Heritage Bank, Keystone Bank, Union Bank and Polaris Bank, spent trillions of Naira to revitalise them only to turn round to sell them under the table.
For instance, CBN invested N1.3 trillion in Polaris Bank but sold it for N50 billion!

8. Theft of Crude oil

The Nigerian Extractive Industries Transparency Initiative (NEITI) has revealed that Nigeria lost 619.7 million barrels of crude oil valued at N16.25 trillion ($46.16 billion) to crude oil theft between 2009 and 2020.
Immediate past National Security Adviser, General Babagana said that Nigeria might lose $23 billion in 2023 to crude oil theft.

9. Theft of gold and other solid minerals

The theft of the nation’s mineral resources is not limited to crude as solid minerals are equally smuggled out of the country by highly placed criminal elements.
Former Minister of State for Mines and Steel Development, Dr Uche Ogah, recently disclosed that private jets are being used by the rich for gold smuggling in Nigeria.
He stated this at an investigative hearing on $9 billion annual loss to illegal mining and smuggling of gold organised by the Senate Committee on Solid Minerals, Mines, Steel Development and Metallurgy.
During his contribution at the hearing, Senator Orji Uzor Kalu disclosed that Nigeria lost close to $54b from 2012-2018 due to illegal smuggling of gold.

*10. AMCON is owed N5.4 trillion by the rich

A few years ago, commercial banks were going to collapse due to toxic loans taken by members of the ruling class.
To prevent the impending economic doom, the Federal Government set up the Asset Management Corporation of Nigeria (AMCON) to buy off the loans with trillions of Naira provided by the CBN.
AMCON has not been able to recover the loans of N5.4 trillion from about 370 corporate bodies.

11. Indiscriminate import duty waivers

A few privileged members of the business community buy dollars at official rate while they are allowed to import all manners of goods into the country.
In the last five years, import duties worth N16 trillion were waived for them.

12. Effort to track and monitor tankers conveying fuel sabotage by NNPC

On August 8, 2018, the Federal Executive Council (FEC) approved the installation of technology monitoring schemes and structures under the Petroleum Equalisation Fund (PEF) for N17 billion.
The technology which was designed to track and monitor tankers conveying fuel and other petroleum products was not acquired while the N17 billion approved for it was diverted.

13. N10 trillion diverted by CEOs of Government enterprises

The Buhari government revealed on December 19, 2018 that government enterprises including the CBN owed about N10 trillion in unremitted operating surplus as at August 2018.
The details were provided. The said sum of N10 trillion remains unpaid.

14. N6 trillion unpaid ground rents by buyers of Government properties

On March 29, 2023, the Senate noted that since 1992, over two million houses across the 36 states and the FCT had been built and allocated to beneficiaries by the federal government without evidence of payment of ground rent on the properties.
Consequently, the Senate set up an Ad Hoc Committee to recover over N6 trillion unpaid ground rents from property owners in the country.

15. Stolen crude oil valued at $29.17 billion

A group of lawyers engaged by NIMASA confirmed that 60.2 million barrels of crude oil valued at $12.7 billion of crude oil was stolen and illegally exported to the United States of America between January 2011 and 2014.
This has not been recovered.
Also, the House of Representatives investigated and confirmed that undeclared crude oil worth $17 billion was exported to global destinations during the same period.
The affected companies are known but government seems to lack the will to bring them to book and recover the sum of $29.7 billion being the value of the stolen crude.

16. Oil theft of N16.25 trillion

The Nigerian Extractive Industries Transparency Initiative (NEITI) revealed that between 2009 and 2020
Nigeria lost 619.7 million barrels of crude oil valued at N16.25 trillion ($46.16 billion) to oil theft.
The security forces have not been able to stop the stealing and smuggling of crude oil from Nigeria.

However, Tantita Security Services Nigeria Ltd (TSSNL), a private company discovered pipelines through which crude oil was being diverted from a 40,000 barrel per day Forcados pipeline to the high seas for export.
The indicted oil companies including an IOC involved in this grand theft are yet to be prosecuted.

17. Deduction of collection costs by FIRS & NCS

The Federal Inland Revenue Service and Nigeria Customs Service are allowed by their enabling laws to deduct percentages of the taxes and duties collected by them as collection costs.
Thus, the FIRS between 2016 and 2020 made N533.39 billion deductions
while Nigeria Customs Service withdrew N128.64 billion as cost of collection in 2022.

The laws, which allow agencies of the Federal Government to deduct collection costs, are contrary and inconsistent with section 162 of the Constitution which provides that all revenues collected by the Government of the Federation shall be paid into the Federation Account.

18. Diversion of $6.065 billion approved for turn-around maintenance of refineries

Between 1993 and 2016, successive regimes spent, through the NNPC, about $6.065 billion on the so-called turn around maintenance and rehabilitation of the four refineries at various times.

It is public knowledge that the turn-around maintenance of the refineries was not carried out.
Therefore, the contractors should be invited by the EFCC and compelled to refund the said sum of $6.025 billion.

19. Investment in Dangote refinery and rehabilitation of four refineries

The Federal Government has invested $2.7 billion in Dangote Refinery
while the NNPCL will supply the refinery with 300,000 barrels of crude oil per day.
Furthermore, the Government has awarded the contracts for the rehabilitation of the two refineries in Port Harcourt for $1.5 billion, as well as Kaduna and Warri refineries for $1.4 billion.

We are compelled to call on the Nigeria Labour Congress and Trade Union Congress to monitor the ongoing rehabilitation and upgrade of the 4 refineries.

20. Special salaries for top public officers, security votes, and pension for governors

Top public officers have illegally taken themselves out of the general salary structure.
For instance, contrary to section 70 of the Constitution which provides that the salaries and allowances of legislators shall be fixed by the Revenue Allocation Mobilization and Fiscal Commission, members of the National Assembly are paid emoluments ranging from N13 million to N15 million per month.

In addition to their salaries, the 36 Governors are paid security votes running into hundreds of millions per month.
The largesse has since been extended to all senior public officers,
including heads of ministries, departments,
and agencies of the federal and state governments, as well as local government chairmen.
The security votes paid to senior public officers are about N241 billion per annum.

As if such subsidy is not enough, state governors have been placed on scandalous pension of billions of Naira.
But due to public criticisms, the Lagos State Government has halved the pension for ex-governors while the Governments of Kwara, Imo and Zamfara States have abolished the payment of the outrageous pension to former governors and deputies.
We call on all other state governments to emulate the example of the aforementioned 3 state governments.

21. Diversion of dividend and feed gas of $33 billion by NNPCL

Nigeria LNG Limited is jointly owned by Nigeria and the OICs.
The 49% shares of Nigeria in the joint venture were paid for from the Federation Account in 1989. On March 29, 2021,
former President Buhari disclosed that the Nigerian Liquefied Natural Gas (NLNG) had generated $114 billion in revenues,
paid $9 billion in taxes, $18 billion as dividend and $15 billion in Feed Gas Purchase to the Federal Government.
However, rather than pay the fund into the federation account as constitutionally directed, the $33.9 billion dividend and feed gas was diverted by the NNPCL.

22. Diversion of trillions of Naira through fuel subsidy fund

Notwithstanding the allocation of 445,000 barrels of crude oil to NNPC per day for domestic consumption, it has been confirmed that the figures for fuel importation in Nigeria between 1999 and 2023 are as follows:

1. 1999-2006 =N813 billion;

2. 2007-2009= N794 billion;

3. 2010-2014= N3.9 trillion;

4. 2015-2023= N11 trillion.

Last week, the Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mr. Mele Kyari, stunned the nation when he said that the federal government still owes the company N2.8 trillion in fuel subsidy payments.
But the monumental fraud that has characterised the fuel subsidy scam has been confirmed by the Buhari regime.

Thus, on March 27, 2022, former Minister of State for Petroleum Resources,
Mr. Timipre Sylva, publicly lamented the controversies surrounding the amount of petrol that the nation consumes daily, said the subsidy regime encouraged criminal activities like smuggling, which in turn impact negatively on the nation’s oil resources.

He said that, “I am told the figure sometimes rise to as high as 90 or over 100 million litres. I don’t know how that happens. At this rate, I have said if anyone is looking at a criminal enterprise, look no further than the fuel subsidy.”
The criminal enterprise ought to be probed by the Bola Tinubu administration.

Conclusion

It is crystal clear from the foregoing that members of the ruling class are heavily subsidised by the peripheral capitalist system while the masses are subjected to excruciating economic pains.
We are, therefore, compelled to call on the Nigeria Labour Congress and Trade Union Congress as well as the progressive extraction of the civil society to mount pressure on the federal government to stop the dollarisation of the national economy, indiscriminate grant of duty waivers, theft of crude oil, gold, and other mineral resources and recover the nation’s looted wealth.

In other words, these ‘subsidies’ should be recovered while the nation’s refineries are fixed so that the country can provide genuine subsidies that can make life livable in Nigeria.

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Atiku breaks silence on FBI’s refusal to make Tinubu records public

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‘Who is in charge of Nigeria presently?’, Atiku queries Tinubu, Shettima’s absence
Atiku and Tinubu
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Presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has reacted to the United States Federal Bureau of Investigation’s refusal to publicly release certain records relating to President Bola Tinubu, arguing that citing “danger to lives” cannot justify withholding potentially disclosable information from public scrutiny.

The FBI had filed a motion seeking permission to submit ex parte and in camera declarations explaining why it withheld some investigative records concerning allegations of drug trafficking involving Tinubu.

In an application dated August 20, the agency told the US District Court for the District of Columbia that it could not publicly disclose all the reasons for withholding certain records, hence its request to make the declarations privately before the court.

Reacting in a statement issued on Saturday in Abuja by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku questioned the FBI’s justification for secrecy, arguing that Nigerians were already bearing the consequences of the government’s economic policies.

“The FBI says disclosure could endanger lives. Which lives? Nigerians are already dying,” he said.

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Atiku linked the hardship to the removal of fuel subsidy, arguing that the policy had triggered increases in transportation costs, food prices and production expenses while putting pressure on jobs and household incomes.

“Fuel affects transportation. Transportation affects food prices. Energy affects production. Production affects jobs. All of them determine whether an ordinary Nigerian family can survive until the end of the month,” he said.

The former Vice President also reiterated his pledge to reverse the fuel subsidy removal if elected, describing his proposed approach as one that would be accountable and protected against abuse.

On the FBI records, Atiku said he was not demanding the release of sensitive information that could compromise investigations, including the identities of undercover agents, confidential sources or investigative techniques.

“Protect your agents. Protect your sources. Protect legitimate investigative methods. Redact whatever American law genuinely requires you to redact. But do not stretch those protections until they become a bulletproof vest for Tinubu,” he said.

Atiku described his position as a democratic appeal rather than an attempt to interfere in Nigeria’s internal affairs, insisting that Nigerians had a right to know the background and character of the person leading the country. (Saturday Tribune)

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Four family members, dog die after eating Amala meal in Kogi

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Amala meal
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Four members of the same family have reportedly died after consuming amala in Ihima, Okehi Local Government Area of Kogi State.

The family’s dog was also reported to have died after consuming the same food.

Following the incident, the Kogi State Government has ordered an immediate investigation into the circumstances surrounding the deaths.

The state Commissioner for Information and Communications, Kingsley Fanwo, disclosed this in a statement on Saturday, saying the Governor of Kogi State, Ahmed Ododo, had directed the Commissioner for Health to commence a comprehensive investigation into the incident.

“The Chief Servant is deeply concerned by this tragic incident and has directed the Commissioner for Health to immediately investigate the circumstances surrounding the deaths, with particular attention to the possibility of food poisoning or food contamination.

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“The investigation must establish the facts and determine whether the food consumed by the deceased was contaminated or whether any other medical or environmental factor contributed to the deaths.

“Relevant samples and available evidence should be properly examined in accordance with established public health procedures,” Fanwo quoted the governor as directing.

Fanwo said the state government was also concerned by reports that the family’s dog died after consuming the same food, adding that the development would form part of the investigation.

He said the governor had directed the Ministry of Health to work with relevant agencies and stakeholders to ensure that the investigation was thorough and that appropriate public health measures were taken based on its findings.

“The government urges members of the public to remain calm and avoid drawing conclusions about the cause of the deaths until the investigation is concluded and the facts are established by the relevant authorities,” the commissioner said.

Fanwo said the governor commiserated with the bereaved family and the people of Ihima over the incident, praying that God would grant the family the strength and comfort to bear the loss.

He assured the people of Kogi State that the government would make further information available as soon as verified facts emerge from the investigation.

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1,844 killed in South-East in two years — Amnesty International reports

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…Demands probe into alleged rights abuse 

Amnesty International has re-launched two reports documenting alleged human rights violations in the South-East and called on governments and security agencies to end impunity, unlawful abductions, torture and killings.

The reports, “A Decade of Impunity: Attacks and Unlawful Killings in South-East Nigeria” and “Tiger Base of Atrocities: Human Rights Violations by Nigeria Police Anti-Kidnapping Unit in Owerri,” were unveiled in Umuahia on Wednesday.

Benedicta Ofili, Finance and Office Manager at Amnesty International Nigeria, said the organisation documented at least 1,844 deaths between 2021 and mid-2023 involving non-state armed groups, state-backed outfits and security operations.

Ofili also highlighted allegations of arbitrary detention, enforced disappearances, extortion and deaths in custody, particularly at the Anti-Kidnapping Unit popularly known as Tiger Base in Imo State.

She said Amnesty interviewed 23 former detainees, including 14 women, and recorded cases of torture and poor detention conditions.

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Three of those interviewed reportedly died after detention.

The organisation said insecurity has caused displacement, disruption of education, loss of livelihoods and restrictions on movement due to sit-at-home orders.

Amnesty demanded independent investigations, prosecution of perpetrators, reparations for victims, and stronger accountability by state and federal authorities.

The presentation was followed by emotional testimonies from tearful relatives of persons allegedly abducted by security operatives as they chorused, “we don’t know where they are.”

Miriam Onyema, weeping, said her husband, Kingsley Chinedu, was arrested on April 25, 2021, at Hospital Junction, Imo State, and labelled an IPOB member. She said all efforts to locate him failed.

Esther Chinedu told the gathering that her husband, Pastor Godspower Chinedu, was arrested in 2022 and has not been seen since despite repeated searches at police detention facilities.

Caroline Chukwuma said her husband, Chukwuma Nwokike, was allegedly abducted in 2021 at St. Paul Junction, Aba, and detained at CPS Aba. She said lawyers were denied access before he was allegedly transferred to Abuja.

Chinwendu Chidiebere said her husband, Chidiebere Ekwe, was arrested at his workshop in Aba on June 22, 2021, and taken to CPS Aba where the family was denied access.

Nicolas Ejekwu, an elderly man, tearfully recounted how soldiers arrested his sons, Obinna and Onyebuchi, at home. He said he was later told they were tortured and killed, with their bodies deposited at FMC Umuahia mortuary.

He added that over 50 bodies of youths allegedly killed by security agencies on suspicion of IPOB membership were found at the mortuary.

Cecilia Nmaoche said her son, Christian Ifeanyi, was allegedly abducted in 2022 and has not been seen or heard from since.

The families appealed to Amnesty and the government to help locate their loved ones and ensure those arrested are charged to court instead of being detained indefinitely.

The Attorney General of Abia, represented by Chinenye Onyemanonu, said the state has zero tolerance for abuses and forwards complaints to the Citizens’ Rights Department.

He cited a case where a family detained for six months was rescued.

Human rights activist Samuel Agwu urged rights groups to ensure victims get justice and legal representation, calling for an end to what he described as a culture of impunity in the region. (Arise News)

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