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RED HERRING: Senate May Fight Jamoh, over Money Paid By Jonathan’s Gov’t

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RED HERRING: Senate May Fight Jamoh, over Money Paid By Jonathan's Gov't

Acting Chief Justice, Ariwoola

…Threats brewing in 2022, over $5m Legal Fee allegedly Paid in 2014***

The Nigerian Senate, according to an online publication, is set to order the arrest of the Director General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr Bashir Jamoh, for his failure to timely appear before it, to commit Contempt of Court, by publicly speaking on issues, before several competent courts, arising from money paid in 2014, by former NIMASA DG, Patrick Ziakede Akpobolokemi.

If the online publication’s story was anything to go by, the Senate Committee, was unwittingly and deliberately wanting to invoke Volenti non-fit injuria on Dr Jamoh, by tasking him to commit to contempt of court, over data or information that anyone, including journalists, could easily obtain via Google.

Volenti non-fit injuria is a Latin legal maxim which holds that a person who knowingly and voluntarily risks danger cannot recover, for any resulting injury.

In order words, Jamoh’s willingness to rush and publicly speak on this issue of money paid by Akpobolokemi, would instantly, directly place him in an awkward position, from which neither the media (as escalators) nor the Senate would be able to protect him.

The Maritime First learnt that trouble started after the lawmakers found evidence of NIMASA’s payment of USD5m to a number of Legal Counsels, some of them outside Nigeria, and couldn’t find any immediate return on Investment; and subsequently averred, that the payment was most probably, fraudulent.

After speaking with a few industry revered operators which included lawyers and NIMASA officials, the Maritime First can now, authoritatively confirm that the payment, though made, was a legal fee, in pursuit of a $12 Billion Missing Crude Recoveries.

The Federal Government of Nigeria had consistently recorded a decline in its Hydrocarbon exports revenue due to ineffective monitoring of hydrocarbon shipments by the International Oil Companies (IOCs).

Consequently, the FGN became interested in tracking the global movement of Nigeria’s Hydrocarbon and recovering lost revenue.

Consequently, sometime in 2013, the Honourable Attorney-General of the Federation and Minister of Justice by a letter dated 29th November 2013, conveyed to the Nigerian Maritime Administration and Safety Agency (the Agency) the approval of the President of the Federal Republic of Nigeria, dated the 19th day of November 2013, for the engagement of Technical Experts and Legal Team to provide intelligence gathering based tracking of Nigeria’s Hydrocarbon and also recover revenue lost by the Federal Government of Nigeria.

In furtherance of realizing the objective, the Honourable Attorney-General of the Federation and Minister of Justice in that letter of 29th day of November 2013, conveyed to the Agency, the President’s approval of the appointment of a Legal Team, retained to provide legal services and representation for and in relation to the intelligence-based tracking and gathering of the global movement of Nigerian Hydrocarbon and Recovery of Revenue lost by the Federal Government.

The Agency on the 24th day of January 2014, conveyed the approval of the President to the Legal Team/Retained Counsel of their collective appointment/engagement as conveyed to the Agency by the Honourable Attorney General of the Federation and Minister of Justice.

Thus, the Federal Government of Nigeria, represented by the Agency, by a retainership agreement, retained the services of a Legal Team comprising five (5) Law Firms with three (3) Senior Advocates and other lawyers; as well as a Technical Team.

The current Honourable Attorney-General under his hand, additionally increased the Legal Team to Seven (7) Law Firms to work with the Technical Team based in the Houston United States to prosecute the matters in Court.

The effective date of the appointment of the Legal Team was the 29th day of January 2014, covering an initial period of 10 years.

The Legal team was paid a Professional/ legal start-off fee of US5,000,000 (Five Million US Dollars) (NGN741,904,761.28 at an exchange rate of NGN164 to a USD as of the date) which formed part of the legal fees and costs due to the Legal Team and deductible from the payment due to the Legal Team/Retained Counsel upon the conclusion of the Project.

The Agency is truly aware that the Legal Team actually filed several suits, which are at various stages, both at the Federal High Court and the Court of Appeal.

Some of the suits pending at the Federal High Court and the Court of Appeal (Lagos Division) are as follows:

*SUIT NO. FHC/L/CS/318/2016 – FEDERAL GOVERNMENT OF NIGERIA V CHEVRON NIGERIA LTD & ANOR.

*SUIT NO. FHC/L/CS/359/2016 – FEDERAL GOVERNMENT OF NIGERIA V TOTAL E & P NIGERIA LTD

*SUIT NO. FHC/L/CS/339/16 – FEDERAL GOVERNMENT OF NIGERIA V SHELL WESTERN SUPPLY AND TRADING LTD & SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD – Alleged crude oil theft: Court to hear $406.7m case against Shell, reported in Vanguard Newspaper on https://www.vanguardngr.com/2017/01/alleged-crude-oil-theft-court-hear-406-7m-case-shell/

*SUIT NO. FHC/L/CS/1748/16 – FEDERAL GOVERNMENT OF NIGERIA V. CNOOC EXPLORATION & PRODUCTION NIGERIA LTD

*SUIT NO: FHC/L/CS/1465/17 – FEDERAL GOVERNMENT OF NIGERIA V. STAR DEEP WATER PETROLEUM LTD

**APPEAL NO: CA/L/PRE/ROA/353MI/2020 – CHEVRON PETROLEUM NIG. LTD V FEDERAL GOVERNMENT OF NIGERIA

APPEAL NO. CA/L/54/18 – FEDERAL GOVERNMENT OF NIGERIA V TOTAL E & P NIGERIA LTD

**APPEAL NO. CA/LAG/CV/825/19 – FEDERAL GOVERNMENT OF NIGERIA V NIGERIA AGIP OIL COMPANY LTD

APPEAL NO. CA/LAG/CV/824/2019 – FEDERAL GOVERNMENT OF NIGERIA V BRASOIL OIL SERVICES COMPANY NIGERIA LTD

**APPEAL NO: CA/LAG/CV/215/2022 – FEDERAL GOVERNMENT OF NIGERIA V CNOOC EXPLORATION & PRODUCTION NIGERIA LTD.

The Agency is also aware that an Arbitral Award was also obtained against one of the oil companies in favour of the FGN (NNPC/ NPDC) in the sum of USD1.69 Billion as well as got recognition and enforcement order in the Judgment in favour of the FGN (NNPC/ NPD in SUIT NO. FHC/L/CS/947/2019 – NIGERIAN PETROLEUM DEVELOPMENT CO. LTD V ATLANTIC ENERGY DRILLING CONCEPTS NIG. LTD & ANOR on the basis of the KPMG forensic report.

(Please see the Guardian Newspapers of Dec. 8, 2020 – available online on: –

https://guardian.ng/features/court-upholds-landmark-us1-7-billion-arbitral-award-in-favour-of-npdc-on-brass-and-forcados-assets

{Also reported in ThisDay of December 8, 2020, and available at https://www.thisdaylive.com/index.php/2020/12/08/court-upholds-1-7bn-arbitral-award-in-favour-of-npdc-on-brass-forcados-assets/}

Crude oil remittance: Court upholds $1.7bn arbitral award in favour of NPDC, reported in Vanguard Newspapers, December 10, 2020 – available on https://www.vanguardngr.com/2020/12/crude-oil-remittance-court-upholds-1-7bn-arbitral-award-in-favour-of-npdc/)

The FGN through NIMASA and the office of the Honourable Attorney-General of the Federation has been provided with periodic updates on these matters.

NIMASA is also closely monitoring the proceedings which have so far been satisfactory.

In addition: the Economic and Financial Crimes Commission is interested and is working assiduously in tracing and recovering the stolen crudes and un-remitted funds.

A staffer of an agency who spoke on condition of anonymity said confirmed our findings, stressing the agency’s shock that somebody had misinformed the online publication.

“It has come as a huge surprise”, he said of what was reported in the media “on matters that are essentially sub judice and the documents are available in the public domain in different Courts for all to see.

“This matter is of significant national importance and NIMASA will continue to accord it all the attention it deserves”, the Agency staffer said, defending the Senate, and blaming the online publication, for pursuing a cause, most likely unapproved by the lawmakers!

 

Maritime

National Single Window a Game Changer, Set To Impact International Trade- Bello- Koko

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National Single Window a Game Changer, Set To Impact International Trade- Bello- Koko

…To partner IMO in developing a Port Community System

The Nigerian Ports Authority NPA, Muhammed Bello-Koko has described the National Single Window NSW as ”a game-changing initiative”, that will greatly simplify trade procedures, and facilitate businesses to engage in cross-border trade.

Bello-Koko made the observation in his official X post, shortly after the official launching of the NSW, while assuring his sincere commitment to ensure its success.

“Earlier today, I joined HE, President @officialABAT, Chief of Staff to the President, Hon. @femigbaja

 and heads of agencies to launch the National Single Window Platform (NSW).”, Bello-Koko stated, adding that the NSW is indeed, “a cross-agency system that allows for the exchange of information, payments, Customs clearance, and port exits”.

“Across the globe, the NSW helped reduce trade barriers, increase efficiency, and promote economic growth.

“On our part, @nigerianports, in technical partnership with the @IMO, we are developing a Port Community System that makes it easier to integrate into the National Single Window platform. We are about 75% complete on this project. The NPA is excited and ready for the next phase of this process.

“It was an honour to be part of this historic moment, which will undoubtedly have a positive impact on businesses in the country”, the NPA Boss further indicated!

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Zoe Maritime Roundtable Targets Improved Passenger Safety, Using Chinese Experience

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…Edodo-Emore refocuses Stakeholders’ attention on Security and new technologies in inland waterways

Significant progress will be achieved in the area boat -passenger safety amongst other gains, as Nigeria gets an infrequent opportunity to learn from the Chinese experience in improving general service delivery in-country.

The Chinese Consul-General in Nigeria, Madam Yan Yuqing, one of the key speakers at a Zoe Maritime Summit is expected, in addition to dissecting the topic of improving services delivery, to also offer, useful ideas and lessons on safe inland waterways operations in Nigeria.

Osun Assembly passes N138.2bn 2023 Budget 

Adegboyega Oyetola, the Minister of Marine and Blue Economy

The Summit promoter,  and CEO of Zoe Maritime Resources Ltd, Barr (Mrs) Oritsematosan Edodo-Emore told Maritime First that the discussion is designed to inland waterways operators the knowledge to better manage the sector, particularly, towards improving boat passenger safety.

 Consequently, a major highlight of the Summit is a presentation on the Chinese experience in the management of inland waterways.

The Barrister highlighted that with the theme: “Security and New Technologies in Inland Waterways Transportation”, the Zoe Resources Maritime Business Roundtable Breakfast Meeting h places at the Oriental Hotel, Victoria Island, Lagos should be a must-to-attend Summit. 

*Oritsematosan Edodo-Emore

Oritsematosan Edodo-Emore noted that prominent maritime personalities and revered industry players have confirmed readiness to grace the occasion.

Among these are the Minister of Marine and Blue Economy,. Adegboyega Oyetola is scheduled to unveil the Ministry’s focus and plans for Inland Waterways and Coastal Services, an intervention that has agitated the minds of inland waterway operators since his appointment last year.

Others are Mr. Oluwadamilola Emmanuel, General Manager, Lagos State Waterways Authority (LASWA); Mrs Oluseyi Oluyede, Managing Director, Niger Benue Transport Company Ltd (NBTC), and Rhoda Olofu, Assistant Inspector-General of Police (AIG), Marine Police Command.

*Mobereola

Industry technocrats, heads of security agencies and regulatory authorities expected to feature in panel discussions on the theme include the Managing Director of Nigerian Ports Authority (NPA), Mr. Mohammed Bello-Koko; Director- General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dayo Mobereola and the Managing Director/CEO, National Inland Waterways Authority (NIWA), Alhaji Munirudeen Bola Oyebamiji.

Bello-Koko Lauds MWUN for Ensuring NPA Staff's Salary Increase

NPA Managing Director, Mohammed Bello-Koko

Also billed to participate in the breakfast summit are port users, heads of maritime desks of banks, government agencies and insurance companies. Others are ship owners, boat owners, boat captains, log byistic companies, barge operators and any other entity whose operations are inland waterway-based.

Freight forwarders, importers and oil and gas companies will also grace the occasion.

Foreign entities from maritime nations will also feature and make interventions especially as concerns experiences in their respective nations to enable Nigerians benefit from global inland waterways visibility, network, growth and exchange of knowledge.

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Maritime

CUSTOMS Q1: PTML Hits N66.9bn Revenue, Targets 2-Hour Clearing-Time for Vehicles

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…Warns that any uncovered infraction will lead to severe sanctions!

The Port Terminal Multi-services Limited (PTML) Command of Nigeria Customs Service has recorded N66,920,181,586.30 as total revenue for first quarter of 2024.

 The collected revenue is N22,198,965,809.55 higher than N44,721,215,776.75 collected between January and March 2023 representing a 49.6 percent increase. 

A press statement issued by the Public Relations Officer of the command, CSC Muhammad Yakubu, stated that Comptroller Saidu Abba Yusuf, Customs Area Controller of the command, described the increase in revenue collection as a laudable feat, adding that the command is more committed towards trade facilitation and as well as supporting government drive for ease of doing business. 

Comptroller Yusuf who thanked the Comptroller General of Customs, Bashir Adewale Adeniyi, MFR for initiating strategies to achieve faster cargo clearance, reiterated that PTML Command under his watch aims to surpass its record of three-hour cargo clearance for compliant traders. 

According to Yusuf, the launching of time release study (TRS) which is ongoing and other deliberate efforts by the Comptroller General have contributed in the expansion of terminal space and promoting ease of doing business in PTML. 

PTML Customs Command Achieves 19% Increase in Annual Revenue

The CAC also disclosed that the PTML command has the potential to achieve two-hour cargo clearance and surpass it’s existing three-hour record if port users’ compliance level is improved.

Comptroller Yusuf who described PTML as one of the safest and most secure environments for RoRo(Roll On Roll Off) and general cargoes also advised importers and their agents to take advantage of the incentives available for compliant traders such as fast track, advance ruling and possible migration to the Authorised Economic Operator (AEO) status. 

He reminded port users in PTML of the robust and time-conscious dispute resolution mechanism, which has contributed immensely to the revenue collection, trade facilitation and anti-smuggling functions of the command. 

While commending the various government and private sector stakeholders for their cooperation and support towards the realisation of the government goal of revenue collection and prevention of unlawful activities, Comptroller Yusuf expressed optimism that the command will surpass its annual target for the year. 

He described the importation of vehicles meant for Nigerian roads into neighbouring countries with the intent to smuggle them through unapproved roads into Nigeria as unpatriotic and an act of economic sabotage as the command has the capacity for seamless and efficient processing of such automobile cargoes. 

For the second quarter and first half of the year, the CAC enjoined officers of the command to maximally deploy available technology and rededicate themselves to the job to achieve more. You u

He reminded the port users that there is increased anti-smuggling vigilance to uncover concealment such as under declaration and smuggling of prohibited items. 

The CAC further added that any discovered infraction will lead to full evoking of the Nigeria Customs Service Act (NCSA), where there are spelt-out penalties.

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