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Groups urge Supreme Court to review judgment in a multi-million dollars contractual dispute

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A consortium of civil society organizations have appealed to the Supreme Court to review its judgment in a multi-million dollars contractual dispute between an indigenous company, Owigs and Obigs Nig. Ltd and the Zenith Bank Plc.

The groups anchored by the Empowerment for Unemployed Youths Initiative, Independent Public Service Accountability Watch, among others, made the call Tuesday in Abuja at a press conference.

The convener of the groups, Stephen Ebira, while speaking on the matter faulted the judgment of the apex court, insisting it was punctuated by decisions and misrepresentation of facts, contrary to the evidence adduced before the trial court.
He noted that the said judgment sought to be reviewed which was in favour of Zenith bank, amounted to a miscarriage of justice as the wrongdoer was declared innocent and rewarded, while the victim of the said contract gone awry was held liable and punished.

While restating that the Supreme Court should be a place for the restoration of hope for the ordinary and aggrieved persons and not where truth is strangulated, as was the case in the judgment under reference, the groups insisted that the judgment cast a terrible slur on the presumed integrity of the apex court.

They also said it has dealt a lethal blow on the integrity of the nation’s banking sector when playing any role in international businesses.
“The judgment in appeals no: SC.709/2020 delivered on May 24, 2024, is a broad-day robbery of justice.

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“The Supreme Court should be a place where justice is birthed, not assassinated and buried.
“It raised a red flag for investors and tarnished the surviving fragment of the nation’s reputation before the international communities, and should be quickly reviewed,” the statement emphasised.
Our correspondents gathered from the court processes that the law suit bother on a breach of an international commercial contract for the export of solid minerals on a 100% credit basis, with letter of credit confirmation by the confirming bank (Zenith Bank) as required by the fundamental credit term of the contract.

The main contract, according to the claimant’s, Owing and Obigs Nig Ltd, in the contract marked: JYOONL-OO1/ KTTA 140415, is a quadrilateral agreement between the buyer, seller, LC issuing bank, and LC confirming bank, comprising four interdependent and interrelated autonomous contracts.

Sadly, it noted, the confirming bank (Zenith bank Plc) was alleged to have maliciously breached the critical fundamental credit term without any reason whatsoever, thereby, activating the contract’s default clause, triggering off specific damages without remedy amounting to millions of dollars.

The appellant argued that the judgment of the apex court curiously created a fake irrevocable documentary letter of credit with SWIFT MT 700, without a confirming bank, contradicting the original document and making a mockery of international trade standard and practices.
“This false irrevocable documentary letter of credit with SWIFT MT 700 is issued for contract agents and facilitators instead of the buyer-seller contract,” the NGOs states.

They also alleged that the judgment altered parties in the case by the misconceived irrevocable documentary letter of credit which listed only three parties, excluding the confirming bank/respondent, instead of the four parties as contained in the processes filed in the court.

They claimed that “in the judgment, the Supreme Court re-wrote an international contract for the parties in favour of the breaching party by subsisting a non-party with the actual party, and removed the liabilities of the legitimate party to a non-party contrary to the evidence on record and protocol upheld by Uniform Trade Customs and Practice which ruled and governed the contract.- A treaty to which Nigeria is a signatory.

The seller’s bank (Zenith bank PLC) was declared the issuing bank instead of confirming bank, contrary to the evidence on record and serial admissions by the bank, in order to absolve the confirming bank as the breaching party from it’s default liabilities, they stated.

The appellant’s claimed that “it’s fundamental right to generate/earn revenue and profits through legitimate business transactions as established by the laws of the Federal Republic of Nigeria was maliciously breached due to the malicious violation of contract No JYOONL-OO1/KTTA 140415”.

The appellant explained that “it’s decision to approach the apex court was not to seek special damages or rights, as misconstrued by the court, but rather it was to enforce the specific remedies outlined in the contract’s default and liability clause; which specifically warned against breach of contract and consequences including the appellant’s right to generate revenue, which the breaching bank violated under the sales contract.

“The case of the appellant is that after securing an export licence to export solid minerals sometimes in 2014, Zenith bank Plc agreed to offer export finance facility if it could secure an export trade contract backed by an acceptable letter of credit from foreign entity/company.

“Following discussions with the bank, the appellant engaged the services of an international agent, Eglone Group Asia Pte Limited based in Singapore, to help it broker/secure foreign buyers for tin Ore, tantalite ore and columbite ore.

“Eglone Group Asia Pte Limited eventually succeeded in getting two buyers for the appellant (Owigs and Obigs Nig. Ltd) in March and April 2014.

“The first contract that was secured is contract No. Jy-OONL-001, dated March 5, 2014, which was executed between the appellant and Guangdong Jiayuan Metals Co. Ltd of China for the supply of Tin ore; while the second contract with contract No. KTTA 140145, dated April 15, 2014, was executed between the appellant and King-Tan Tantalum Industry Ltd of China for the supply of Columbite ore and tantalite ore.

“However, due to the failure of the appellant (Owigs and Obigs Nig.Ltd) to execute the contract on time, the contracts were cancelled, and penalty fees were deducted by Zenith bank from the appellant’s account”.

According to the appellant, “the cancellation of the contracts was because Zenith bank failed/neglected to confirm letters of credit issued by the buyer’s bank, the Industrial and Commerce Bank of China (ICBC).

“It was based on this that the appellant commenced legal actions against the bank, claiming monetary damages for the negligence”.

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Mammoth Crowd Rallies for Mbah’s Re-election as G-17 Concludes LG Tour in Grand Style

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…Stakeholders, community leaders queue behind Mbah, Tinubu, APC candidates

The tour of the 17 Local Government Areas (LGA) of Enugu State by the G-17 For Peter Mbah, a grassroots political mobilization group, came to a historic and colourful conclusion, weekend, as political leaders, party stakeholders, community leaders and teeming supporters trouped out in their thousands for the grand finale.

The event, which took place at the Nkanu East Local Government headquarters, Amagunze, also marked the conclusion of the inauguration of the movement’s 17 Local Government Executives, 260 Ward Executives and Polling Unit Canvassers across Enugu State.

Speaking at the event, Chairman of Nkanu East Local Government Council, Hon. Okechukwu Edeh, described G-17 as a foremost political support group in Enugu State, commending what he described as the group’s unmatched record of grassroots mobilization and candidates’ delivery.

Hon. Edeh, who doubles as the Chairman of the Association of Local Governments of Nigeria, ALGON, Enugu State, disclosed that all 17 Council Chairmamen in the state had embraced G-17’s model of mobilisation and assured that both himself and his successor would continue working closely with the movement to secure Governor Peter Ndubuisi Mbah’s reelection.

“As ALGON Chairman in Enugu State, I can confidently say G-17 has distinguished itself as a premier grassroots political support group in Enugu State. The structure, discipline and organisation we have witnessed across the 17 LGAs are remarkable.

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“I will hand over office in September, but I will not hand over my commitment to Governor Peter Mbah. Together with my successor, we shall continue working with G-17 to ensure that Nkanu East exceeds the votes recorded in the 2023 election and delivers Governor Peter Ndubuisi Mbah, President Bola Ahmed Tinubu and all APC candidates come 2027,” he declared.

Citing Mbah’s numerous achievements in just three years, Hon. Edeh assured that Nkanu East had already lined up behind their performing governor and son.

“Nkanu East has already been converted. Nobody needs to tell us to vote for our performing son. We are prepared, we are waiting and we shall reward him with overwhelming votes,” he said.

He further revealed that Governor Peter Mbah’s transformational leadership inspired his own administration to embark on landmark projects, including the ongoing 200,000-capacity ultra-modern civic hall, over 13 kilometres of road, the completion of the Ugbawka-Nara Bridge, and several development projects spread across the 14 political wards of the local government.

In his remarks, Member representing Nkanu East State Constituency, Hon. Okey Mbah, described Governor Peter Mbah as the best Governor around and commended the Convener and BOT Chairman of G-17, Chief Chinedu Mbah, and his team for setting up a genuine and organic grassroots mobilisation for the governor’s reelection.

The APC Chairmanship Candidate for Nkanu East LGA, Engr. Mike Ogbuekwe, thanked the Convener for restoring G-17 to its original vision and purpose.

“The movement has returned to the hands of those who understand its purpose. What I have seen today confirms that G-17 is a truly grassroots-based political structure. I assure you that when elected, my administration will work closely with G-17 to ensure total victory for APC in 2027,” he pledged.

Also speaking, the Personal Assistant to the Governor of Enugu State and President of Tomorrow Is Here Movement (THM), Tony Okonkwo, commended G-17’s leadership for what he described as excellent grassroots political engineering.

“What G-17 is doing is commendable. Looking at this structure, I am convinced that the victory of APC candidates in 2027 is already assured.”

The Enugu State APC Chairman, Dr. Martin Chukwunweike, represented by the State Organising Secretary, Engr. Onyi Odibe; Deputy State Chairman, Peace Patrick; State Woman Leader, Mrs. Esther Edeh; and the South-East APC Women Leader, Dr. Oby Ajih, among others, commended leaders of G-17 for the great job done, saying Enugu is now eager to vote Mbah and APC back into power come 2027.

Delivering the keynote address, the Convener, Chief Chinedu Mbah, reminded the newly inaugurated executives that their inauguration represented a call to service rather than a ceremonial event.

“You have accepted responsibility. Your assignment begins immediately. Move from polling unit to polling unit, ward to ward and community to community, informing our people about the achievements of Governor Peter Mbah and President Bola Ahmed Tinubu. Victory is built from the grassroots,” he charged them.

The ceremony climaxed with the inauguration of the Nkanu East Local Government Executives, Ward Executives and Polling Unit Canvassers, who pledged to immediately commence intensive grassroots mobilisation across the 14 political wards of Nkanu East in preparation for the 2027 general election.

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Building collapse: Anambra Govt seals site, vows tougher enforcement

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Scene of the incident
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• One casualty recorded, three hospitalized

The Anambra State Government has sealed the site of the collapsed building at Oko in Orumba North Local Government Area of the state.

‎Commissioner for Physical Planning and Urban Development, Barr. Chijioke Ojukwu announced immediate closure of the site pending comprehensive investigations and structural integrity assessments.

He said preliminary findings indicated structural failure as the likely cause of the collapse.

While reaffirming government commitment to stricter enforcement of physical planning regulations and the elimination of unsafe construction practices, Ojukwu vowed that the incident would mark a turning point in enforcement of building regulations across the state.

He assured that owners and developers of defective or non-compliant structures would face sanctions, while ongoing projects would undergo stricter inspections.

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‎‎On his part, Commissioner for Works, Arc. Okey Ezeobi, said technical investigations were ongoing to determine exact cause of the collapse.

He added that government had engaged a team of professionals to carry out a comprehensive structural evaluation.

‎‎Recommendations will be implemented

He assured residents that government would implement recommendations from the investigation to strengthen the state’s building control system.

Implementation will also prevent future occurrences while ensuring prosecution of culprits in accordance with the law.

‎‎The Commissioner for Health, Dr. Afam Obidike, said government immediately deployed medical personnel and ambulances to the scene to provide emergency care for the injured, while the Ministry of Health worked closely with other emergency response agencies throughout the rescue operation.

‎‎Obidike commended the swift and coordinated response of the Anambra State Government and emergency agencies, describing it as crucial to the rescue efforts and timely medical treatment of victims.

‎‎The Mayor of Orumba North Local Government Area, Rtd. Captain. Casmir Nwafor, praised the rapid intervention of the state government and emergency responders, noting that their coordinated efforts helped contain the situation and minimize further risks.

‎‎Nwafor urged developers, property owners, institutions, and residents to comply strictly with approved building regulations and safety standards, reaffirming the local government’s support for the enforcement of physical planning laws.

‎Running to safety

‎Eyewitnesses, Prince Ifeanyi Ezefunamba said the building, reportedly occupied by students of Federal Polytechnic Oko, collapsed at about 10:00 p.m. after occupants heard cracking sounds and evacuated.

One survivor, Miss Chioma Akabike narrowly escaped moments before the collapse, while rescue operations commenced immediately.

‎‎Also present during the inspection were officials of the National Emergency Management Agency (NEMA) headed by the Enugu State Head of Operations, Mrs. Priscilla Mbaekwe, the Nigeria Police Force, the Nigerian Red Cross Society, and the Anambra State Emergency Management Agency (SEMA).

Others include: the Anambra State Fire Service, and the Council for the Regulation of Engineering in Nigeria (COREN), who participated in rescue, security, and preliminary technical assessments.

‎‎As of the time of filing this report, one fatality had been confirmed, while three injured victims were receiving treatment at Chukwuemeka Odumegwu Ojukwu University Teaching Hospital (COOUTH) and St. Michael’s Hospital, Oko, as rescue operations continued.

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Petroleum Minister lauds NCDMB for Community-focused Interventions

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The Minister of State for Petroleum Resources (Gas), Rt. Hon. Obongemem Ekperikpe Ekpo, on Saturday commended the Nigerian Content Development and Monitoring Board (NCDMB) for demonstrating that Local Content Policy could be a force for transforming lives and creating socio-economic value through community-focused interventions.

Speaking at the commissioning of a state-of-the-art Information and Communication Technology (ICT) Centre at IkaComprehensive High School, Ikot Akpan Anwa, Akwa Ibom State, the Minister said such a strategic investment in the area, with vast possibilities for research and online learning through diverse educational platforms, would bolster human capital development, digital literacy and sustainable community development.

The ICT Centre, built and equipped by the NCDMB, comprises a modern computer laboratory with 50 networked desktop workstations, an interactive smart board, projector, server room and Starlink high-speed Internet connectivity to support digital learning, research and computer-based examinations. Designed to accommodate up to 70 users, the facility also features air-conditioned learning spaces, a staff room, store and separate convenience facilities. Power reliability is supported by a 15kVA generator and a 15kVA solar power system with battery backup, complemented by a dedicated network infrastructure for seamless connectivity.

“This ICT Centre,” according to the Minister, “is far more than a building equipped with computers; it is an investment in the future of our children and a gateway to knowledge, innovation, creativity and opportunity.” Continuing, he noted that, “Nations that invest in the digital education of their young people today are the ones that will lead the world tomorrow.”

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He said the initiative of the Board aligns with the Renewed Hope Agenda of President Bola Ahmed Tinubu by advancing access to quality education, youth empowerment, digital transformation and inclusive economic growth, as young Nigerians in rural communities acquire relevant digital skills and competencies to participate effectively in a technology-driven economy.

Representing the Executive Secretary of the NCDMB, Engr. Felix Omatsola Ogbe, the Director, Corporate Services, Dr. Abdulmalik Halilu, stated that digital literacy and ICT capacity development remain a key component of the Board’s human capital development mandate aimed at building a skilled workforce for the Nigerian oil and gas industry and the broader economy. He noted that the facility would provide students with access to digital learning, research tools, artificial intelligence and global knowledge resources.

“This ICT Centre is more than a building; it is an investment in the future of our young people,” he stated, adding, “It represents our commitment to extending Nigerian Content objectives beyond industry into classrooms, where innovation, technology and skills development can empower the next generation.”

Halilu stressed that the project’s long-term success depends on collaboration among the Board, the school and the host community. He urged the community to take ownership of the facility and ensure its proper maintenance and sustainability for future generations.

“Our expectation is not simply to hand over a facility but to see measurable outcomes in the lives of the students who will use it. We therefore call on the school and the host community to safeguard this centre and ensure it continues to deliver value for many years to come.” He added.

Speaking on behalf of the project delivery team, the Managing Director of Standard Institute of Technology Limited, Engr. Alexander Nsidibe, expressed appreciation to NCDMB for the confidence placed in the company to deliver the project. He described the ICT Centre as a demonstration of the Board’s commitment to quality infrastructure development and human capital advancement. He pledged the company’s continued support for the facility’s maintenance for one year after handover, noting that the Centre would enhance students’ digital competencies and prepare them for productive life in industry.

In her welcome address, the Principal General of IkaComprehensive High School, Mrs. Nkom John Umoette, described the ICT Centre as a transformative intervention that would bridge existing digital access gaps. She noted that the school lacked an ICT facility, which constrained students’ exposure to digital learning and computer-based education.

She expressed appreciation to Rt. Hon. Ekpo and the NCDMB for making the project a reality, stating that the facility would equip students with essential digital skills, improve their preparedness for computer-based examinations, and create greater opportunities for academic excellence and future careers.

 A representative of the community commended the Minister and the NCDMB for the delivery of the ICT Centre, noting that the facility would significantly improve access to digital learning and computer-based examinations. He recalled that students previously travelled to Uyo and neighbouring communities to register for and take examinations such as JAMB, incurring additional costs and facing logistical challenges.

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