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Metuh lied, I didn’t know him, Abang tells CJ

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  • As PDP battles ghost workers, pays staff in cash

Justice Okon Abang of a Federal High Court in Abuja has debunked the claim of the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, that they had known each other before the PDP’s spokesperson’s trial started in his court on January 15 this year.

The judge denied the claim and other allegations contained in a petition sent by one of Metuh’s lawyers, Mr. Emeka Etiaba (SAN), to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, asking for the re-assignment of the PDP’s spokesperson’s trial to another judge.

Our correspondent sighted Justice Abang’s response, dated March 23, 2016, which was addressed to the Chief Judge of the Federal High Court.

The judge, in his response, maintained that he never knew Metuh to be his classmate in the 1987/1988 set of the Nigerian Law School, which according to him, was made up of over 1,000 students.

He added that if Metuh had truly been his classmate, that would never change the facts of the case and the relevant laws.

Metuh and his company, Destra Investments Limited, are being prosecuted before Justice Abang by the Economic and Financial Crimes Commission.

The EFCC is prosecuting Metuh and his firm on seven counts of money laundering involving $2m cash transaction and contract fraud relating to the N400m the accused allegedly received from the Office of the National Security Adviser in November, 2014.

At a point when the prosecution led by Mr. Sylvanus Tahir had closed its case with eight witnesses, and Metuh was expected to open his defence, Etiaba sent the petition, dated March 11, 2016, to the Federal High Court’s CJ, asking for the re-assignment of the case to another judge.

In the petition, Etiaba claimed that Metuh was a classmate of the judge in the 1988 set of the Nigerian Law School.

He claimed that Metuh and the judge both practised law in Lagos before the PDP spokesperson relocated to Abuja and Justice Abang, on his part, was appointed a judge.

Etiaba also alleged that Metuh met and had discussion with Justice Abang late last year at the L’e Meridien Hotel in Akwa Ibom State, adding that his client was baffled at the views expressed by the judge during their encounter.

The lawyer also accused the judge of denying his client fair hearing by refusing to release to the defence team a copy of the records of proceedings of the court to enable them to appeal against some decisions of the judge in the course of the trial.

But Justice Abang denied all the allegations in his letter to the Chief Judge.

The judge stated that he could not recall either seeing Metuh while at the Law School or coming across him while practising as a lawyer anywhere in the country before he (Abang) was appointed a judge in June 2009.

Justice Abang stated that contrary to Metuh’s claim, he never attended any function at the Uyo hotel where the PDP’s spokesperson claimed they met late last year.

He added that he did not see Metuh at the Law School class reunion meetings which he recently attended in Abuja, Lagos and Enugu.

The judge stated, “With respect to the first issue that the petitioner, Emeka Etiaba (SAN), stated that the 1st defendant in Charge FHC/ABJ/CR/05/2016 was my classmate in the Nigerian Law School, my Lord, for the records, I was at the Law School in 1987/88 academic session.

“I am not aware that Olisa Metuh was my classmate in the Nigerian Law School.  I cannot recall seeing him in the time session in my time. In the Law School, we were over 1,000 students and we had then two sessions, morning that I attended.

“He is not from my place, Oron, in Akwa Ibom State. I did not see him as a student at the University of Calabar that I attended between September 1983 and June 1987. I have never met him in practice anywhere in the country before I was elevated to the bench in June 2009.

“Again, he claimed he met me at Le’ Meriden, Uyo, late last year. I was not at Le’ Meriden, Uyo, late last year. I had no function that I attended at the Le’ Meriden, Uyo, late last year. I did not meet him at Le’ Meriden Uyo late last year. If the records show that he is a lawyer and was called to the Nigerian Bar on November 3, 1988, which record I am yet to see, that cannot affect the facts and the law.

“I attended recently my class reunion meeting in Abuja, Lagos and Enugu, I did not see Olisa Metuh in the places I mentioned.  I am not related to Olisa Metuh in any way, I do not know where he comes from.”

Concerning the allegation that he delivered rulings in favour of the prosecution, Abang said Metuh’s lawyer ought to know what to do.

The judge also denied the allegation that he deliberately withheld the record of proceedings to scuttle Metuh’s plan to appeal against some of the court’s decisions.

The judge stated, “As regards the issue that I made interlocutory decisions in favour of the prosecution in the matter, my response here is simple, and that is that I am entitled to give decisions in matters placed before me for adjudication having heard parties.

“That is why there are appellate courts. If he is dissatisfied with those decisions, I think Emeka Etiaba (SAN) ought to know what to do.

“As regards the alleged non-release of the record of proceedings, I think Emeka Etiaba (SAN) is not fair to me at all. I will leave him to his conscience. He has an improper motive in this regard.

“For the records, my Lord, the defendant applied for the Certified True Copy of the proceedings at the time the proceedings were going on from day to day. I approved same and directed my secretary to type the proceedings.

“The proceedings were bulky in nature because I heard the case from day to day. When the secretary concluded typing the proceedings, I abandoned all other matters before me and concentrated on checking the typed proceedings to be in line with what were in the court’s records.

“When I proofread the proceedings and was satisfied that it represents what transpired in the open court, I endorsed same for certification and released the proceedings to them on March 15, 2016.”

The judge had on March 9 dismissed Metuh’s no case submission, declaring that the accused had case to answer and directed the defendants to open their defence.

But the case has since then been adjourned three times due to the inability of Metuh and his firm to call their witnesses.

In the meantime, the national leadership of the Peoples Democratic Party has detected ghost workers on its payroll after ordering the workers to line up and collect their salaries in cash.

Investigations by our correspondent showed that the precarious financial situation of the party forced its leadership to take the action.

It was gathered that the National Chairman of the party, Ali Modu Sheriff, was worried about the huge salary bill of the workers and decided to take action aiming at ascertaining the actual number of workers at the party’s national secretariat in Abuja.

Sheriff was said to have inherited about N872m debt when he assumed office about a month ago.

Worried by this, Sheriff was said to have taken members of the National Workers Committee by surprise when on Thursday he directed the workers to get their salaries in cash.

A management employee, who spoke with our correspondent on Sunday, said that they were surprised when they (the workers) were directed to assemble inside the National Executive Committee hall at the national secretariat.

He said, “Sheriff has started the restructuring of the PDP for efficient and effective performance.

“March 24 will ever be a day to remember in our party. On that day, as early as 11am, the NWC and members of  staff of the PDP, under the instruction of our national chairman, moved into the conference hall.

“The chairman also joined everyone in the hall. And to the surprise of all, the business of the day was the payment of staff salaries, which was done department after department.

“One after the other, after individual’s physical verification of each file and identity, thereafter you are then paid your salary in cash.”

The exercise was chaired by the national chairman who directed the National Treasurer, Mr. Buhari Bala, to call the workers by their departments.

Another management worker said, “Names of all the workers were called according to their departments and once you heard your name, you would come out to collect your salary by hand.

“This order was followed by the national treasurer and some employees of the Finance Department, who assisted him.

“All heads of departments were on the ground to observe the exercise.

“So, when a name was called, the person came out and his/her file was opened for verification before cash was paid to such a worker.

“And at about 6:30pm, the chairman left the hall to attend to other meetings, while the national treasurer continued to call the names of employees.

“In the absence of the national chairman, he called four departments, amongst them were the Youth Department and Security Department.”

Before calling the security staff on the list submitted, Bala was said to have complained that the list was too lengthy.

It was gathered that Bala realised during the payment that the security department had what he described as ghost workers and security personnel, as the names of policemen called were those who had left the service of the PDP immediately after the resignation of the then National Chairman, Alhaji Bamanga Tukur, about two years ago.

Some of the workers at the national secretariat had called on Sheriff to set up a panel to investigate those behind the scam.

One of them said, “The outcome of what happened on Thursday was an indication that salaries of thoseghost workers were being collected by someone over the years.

“Ghost workers were also discovered in the other departments.”

It was gathered that seven policemen, who had left the party more than two years ago, were still being paid.

The affected policemen (names withheld) comprise of a DSP, an ASP, two inspectors, one sergeant and two corporals.

One of the police officers, who left the party some years ago, was posted to the Economic and Financial Crimes Commission, but was still collecting salaries from the PDP or someone was collecting it on his behalf without his knowledge.

It was gathered that the pays included N12,000 allowance for conventional policemen and N30,000 for riot policemen.

It was also gathered that personal staff of past national chairmen, majority of whom had defected to other political parties, were still being paid by the party.

“If this isn’t true, then someone is collecting their salaries without their knowledge. A proper external audit of the members of staff must be conducted. Then the party must investigate those who have been collecting the salaries of these ghost workers,” another source added.

Bala, who confirmed the exercise, told our correspondent that the national chairman ordered the action.

He also said that some fictitious names were discovered during the exercise.

Punch

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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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