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CCT frowns at delay by Saraki’s lawyers

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  • As 2 ex-Ministers sneak into EFCC net over $115m Diezani cash

The Code of Conduct Tribunal (CCT) has frowned at what it described as the delay tactics being employed by lawyers to Senate President Bukola Saraki in his on-going trial for false asset declaration.

Saraki’s legal team consisting of about 100 lawyers, including about 10 Senior Advocates, has spent 11 days on the cross-examination the first defence witness, Michael Wetkas, and was yet to conclude.

The tribunal has also expressed discomfort over what it called  incidents of misrepresentation of proceedings in the media.

Tribunal Chairman, Danladi Umar, who spoke at the resumption of proceedings yesterday, said the tribunal was equally bothered by the concern expressed by the prosecution that the defence was deliberately delaying proceedings.

At the commencement of proceedings, lead prosecution lawyer, Rotimi Jacobs (SAN) complained that the defence was unduly delaying proceedings having spent 11 days cross-examining a single witness presented by the prosecution.

Umar said: “I am not happy at the delay tactics by the defence counsel. And I must say this thing out, that this delay tactics will not reduce the consequences the defendant will meet from this tribunal at the end of the trial if he is found guilty.”

Lead defence lawyer Kanu Agabi (SAN) told the tribunal that the defence team was not comfortable with the tribunal chairman’s view on the allegation of delay made by Jacobs.

“From the defence side, we are not worried about the law and facts that will be placed before this tribunal by the prosecution. But we are worried about enemies, who may wish to use this tribunal to achieve their ulterior motive.

“As the tribunal Chairman, we love you, we respect you, but we are afraid of consequences, especially as just stated by this tribunal this morning. Our fears have been reinforced, but we pray against consequences that are against natural justice,” Agabi said.

On the issue of misrepresentation, Umar was particularly angered by some media reports to the effect that the tribunal had adjourned Saraki’s trial indefinitely.

“Journalists should be punished for publishing falsehood. It is a criminal offence. If I have my way I would bring back Decree 2 of the olden days to take care of the irresponsible journalists in this country.

“How can they dare to publish that we have adjourned the trial of this defendant (Saraki) indefinitely? It is the height point of irresponsible journalism. But I thank God for them that we are in a democratic era and that is why they are doing what they are doing now.

“They are embarking on sensational journalism to sell their newspapers at the expense of truth. That is not journalism, but a serious crime that can lead them to jail,” Umar said.

Agabi, who agreed with Umar on the need for the media to be accurate in their report of proceedings, said he admires journalists a lot, because of their contributions to the enthronement of democracy in the country.

He said what Nigeria needed now was peace and not Decree 2. He urged Nigerians should pray for peace rather than anything that can disturb the peace of the nation.

Another member of Saraki’s legal team, Paul Usoro (SAN) later cross-examined Wetkas.

Under cross-examination, Wetkas insisted that Saraki procured undeclared properties through bank loans of over N2.5billion.

When asked if he found any economic and financial infractions in the activities of Skyview Properties Limited (a company linked to Saraki), Wetkas said: “The only thing we found out during investigation is that, both Plots 2481 and 2481 Cadastral Zone, Maitama, Abuja were residential properties, and that loans were taken by Skyview from Guranty Trust Bank to develop the properties.

“The loan was in two tranches of N1.8billion and over N700million. When we interview the Managing Director of Skyview, he said the transactions were at the instance of the defendant, and that the property belongs to the defendant, that formed our basis of the ownership,” Wetkas said.

When asked if he ever confronted Saraki with their findings, Wetkas said he never did.

At this point, tribunal Chairman indicated his intention to adjourn proceedings on the ground that tribunal members had an engagement outside the tribunal premises.

Agabi and Usoro however sought a long adjournment. Agabi said he had written the tribunal about an appointment he has with his physicians.

Usoro also said he was engaging on a trip to Ghana. The tribunal later adjourned to June 15 for continuation of trial.

In the meantime, the Economic and Financial Crimes Commission, EFCC, Monday grilled two former ministers,  Mohammed Wakil, a former Minister of Power and Abdu Bulama, a former Minister of Science and Technology, over the $115 million public fund allegedly deployed for the 2015 general election by former Petroleum Minister, Diezani Alison-Madueke.

Both were according to online portal, Premium Times  PDP campaign coordinators for Borno and Yobe states respectively during the last presidential election.

A source at the anti-graft agency quoted Mr. Bulama as saying that he received N450 million from former Finance Minister, Nenadi Usman, for use in funding the PDP presidential election in the state.

“Former Minister of Finance Nenadi Usman, called and informed me to go and collect money in Fidelity Bank. A five-man committee was set up to coordinate the campaign activities in Yobe State and we received N450m. “The money was disbursed based on a template we received from Abuja and we shared it among the three senatorial zones in the state,” the source said.

Muhammed Kadai, who was Mr. Bulama’s deputy, provided details of the sharing formula. According to him, “the money was shared according to zones.

For Zone A, Abba –Gana Tata collected the sum of over N85, 100,000.00, while Dr Mamu collected N73, 510.000.00 on behalf of Mohammed Hassan Dambu and zone C received N70, 470.000.00, through Alhaji Hassan Ibn Jaks for Dr Yarima Ngama. ‘’The Borno Coordinator, former Minister Wakil, also confirmed he received N450 million,’’ our source said.

He was quoted as saying, “I received a call from Nenadi Usman, former Minister of Finance, that N450m was sent to Fidelity Bank and a template for how the disbursement of the funds will be conducted. “Nicholas Msheliya, Peter Biye, Hon. Kudla Satumaria, Ibrahim Birma, all from southern Borno received the sum of N112, 340.000.00.

Equally Kangar, through Dr. Kulima A.A received N88, 620.000.00, while Mohammad Baba Kachalla, Hon. Kaamuna Khadi, Hon. Zarma Mustapha and Hon. Abdulrahman Tarab received the sum of N140,860.000.00.” The two ministers are currently in the custody of EFCC in Maiduguri, the Borno State capital, as investigation continues.

Nation with additional report from Vanguard

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WAIVER CESSATION: Igbokwe urges NIMASA to evolve stronger collaboration with Ships owners

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…Stresses the need for timely disbursement of N44.6billion CVFF***

Highly revered Nigerian Maritime Lawyer, and Senior Advocate of Nigeria (SAN), Mike Igbokwe has urged the Nigeria Maritime Administration and safety Agency (NIMASA) to partner with ship owners and relevant association in the industry to evolving a more vibrant merchant shipping and cabotage trade regime.

Igbokwe gave the counsel during his paper presentation at the just concluded two-day stakeholders’ meeting on Cabotage waiver restrictions, organized by NIMASA.

“NIMASA and shipowners should develop merchant shipping including cabotage trade. A good start is to partner with the relevant associations in this field, such as the Nigeria Indigenous Shipowners Association (NISA), Shipowners Association of Nigeria (SOAN), Oil Trade Group & Maritime Trade Group of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA).

“A cursory look at their vision, mission and objectives, show that they are willing to improve the maritime sector, not just for their members but for stakeholders in the maritime economy and the country”.

Adding that it is of utmost importance for NIMASA to have a through briefing and regular consultation with ships owners, in other to have insight on the challenges facing the ship owners.

“It is of utmost importance for NIMASA to have a thorough briefing and regular consultations with shipowners, to receive insight on the challenges they face, and how the Agency can assist in solving them and encouraging them to invest and participate in the maritime sector, for its development. 

“NIMASA should see them as partners in progress because, if they do not invest in buying ships and registering them in Nigeria, there would be no Nigerian-owned ships in its Register and NIMASA would be unable to discharge its main objective.

The Maritime lawyer also urged NIMASA  to disburse the Cabotage Vessel Financing Fund (CVFF)that currently stands at about N44.6 billion.

“Lest it be forgotten, what is on the lips of almost every shipowner, is the need to disburse the Cabotage Vessel Financing Fund (the CVFF’), which was established by the Coastal and Inland Shipping Act, 2003. It was established to promote the development of indigenous ship acquisition capacity, by providing financial assistance to Nigerian citizens and shipping companies wholly owned by Nigerian operating in the domestic coastal shipping, to purchase and maintain vessels and build shipping capacity. 

“Research shows that this fund has grown to about N44.6billion; and that due to its non-disbursement, financial institutions have repossessed some vessels, resulting in a 43% reduction of the number of operational indigenous shipping companies in Nigeria, in the past few years. 

“Without beating around the bush, to promote indigenous maritime development, prompt action must be taken by NIMASA to commence the disbursement of this Fund to qualified shipowners pursuant to the extant Cabotage Vessel Financing Fund (“CVFF”) Regulations.

Mike Igbokwe (SAN)

“Indeed, as part of its statutory functions, NIMASA is to enforce and administer the provisions of the Cabotage Act 2003 and develop and implement policies and programmes which will facilitate the growth of local capacity in ownership, manning and construction of ships and other maritime infrastructure. Disbursing the CVFF is one of the ways NIMASA can fulfill this mandate.

“To assist in this task, there must be collaboration between NIMASA, financial institutions, the Minister of Transportation, as contained in the CVFF Regulations that are yet to be implemented”, the legal guru highlighted further. 

He urged the agency to create the right environment for its stakeholders to build on and engender the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders.

“Lastly, which is the main reason why we are all here, cessation of ministerial waivers on some cabotage requirements, which I believe is worth applause in favour of NIMASA. 

“This is because it appears that the readiness to obtain/grant waivers had made some of the vessels and their owners engaged in cabotage trade, to become complacent and indifferent in quickly ensuring that they updated their capacities, so as not to require the waivers. 

“The cessation of waivers is a way of forcing the relevant stakeholders of the maritime sector, to find workable solutions within, for maritime development and fill the gaps in the local capacities in 100% Nigerian crewing, ship ownership, and ship building, that had necessitated the existence of the waivers since about 15 years ago, when the Cabotage Act came into being. 

“However, NIMASA must ensure that the right environment is provided for its stakeholders to build and possess the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders. Or better still, that they are solved within the next 5 years of its intention to stop granting waivers”, he further explained. 

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Breaking News: The Funeral Rites of Matriarch C. Ogbeifun is Live

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The Burial Ceremony of Engr. Greg Ogbeifun’s mother is live. Watch on the website: www.maritimefirstnewspaper.com and on Youtube: Maritimefirst Newspaper.

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Wind Farm Vessel Collision Leaves 15 Injured

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…As Valles Steamship Orders 112,000 dwt Tanker from South Korea***

A wind farm supply vessel and a cargo ship collided in the Baltic Sea on Tuesday leaving 15 injured.

The Cyprus-flagged 80-meter general cargo ship Raba collided with Denmark-flagged 31-meter wind farm supply vessel World Bora near Rügen Island, about three nautical miles off the coast of Hamburg. 

Many of those injured were service engineers on the wind farm vessel, and 10 were seriously hurt. 

They were headed to Iberdrola’s 350MW Wikinger wind farm. Nine of the people on board the World Bora were employees of Siemens Gamesa, two were employees of Iberdrola and four were crew.

The cause of the incident is not yet known, and no pollution has been reported.

After the collision, the two ships were able to proceed to Rügen under their own power, and the injured were then taken to hospital. 

Lifeboat crews from the German Maritime Search and Rescue Service tended to them prior to their transport to hospital via ambulance and helicopter.

“Iberdrola wishes to thank the rescue services for their diligence and professionalism,” the company said in a statement.

In the meantime, the Hong Kong-based shipowner Valles Steamship has ordered a new 112,000 dwt crude oil tanker from South Korea’s Sumitomo Heavy Industries Marine & Engineering.

Sumitomo is to deliver the Aframax to Valles Steamship by the end of 2020, according to data provided by Asiasis.

The newbuild Aframax will join seven other Aframaxes in Valles Steamship’s fleet. Other ships operated by the company include Panamax bulkers and medium and long range product tankers.

The company’s most-recently delivered unit is the 114,426 dwt Aframax tanker Seagalaxy. The naming and delivery of the tanker took place in February 2019, at Namura Shipbuilding’s yard in Japan.

Maritime Executive with additional report from World Maritime News

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