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Saraki faces fresh charges, appeals CCT ruling

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The Senate President, Dr. Bukola Saraki, on Thursday pleaded not guilty to amended 16 counts preferred against him by the Federal Government before the Code of Conduct Tribunal.

The amendment to the original 13 counts added fresh Counts 3, 14 and 16 .

He was accused in Count 3 of abusing his office between October 2006 and May 2007 while he was the Kwara State Governor.

Under Count 3, the prosecution accused Saraki of obtaining a loan from the Guaranty Trust Bank to acquire the properties known as No. 17A and 17B McDonald, Ikoyi, Lagos in the aggregate sum of N497,200,000.

He was said to have bought the properties from the Implementation Committee of the Federal Government Landed Properties.

He allegedly repaid the loan to GTB through various lodgments made into his account on his behalf by his aides when he was Governor of Kwara State and his account officer using funds which he allegedly handed over to them in cash at Kwara State Government House, GRA, Ilorin.

The acts under the Count 3 are said to be “contrary to the government policy against corruption and abuse of office and against the interest of the people of Kwara State.

In Count 14, the prosecution accused Saraki of failing to declare his interest in a foreign credit card account to which he allegedly transferred huge sums of money while being Governor of Kwara State.

He was said to have failed to declare his interest in the American Express Service Card with No: 374588216836009 at the end of his second term as governor.

He allegedly transferred huge sums of money in dollars from his Guaranty Trust Bank domiciliary account No. 441441953210 in Nigeria.

In Count 16, Saraki was accused of continuing to receive salary and emoluments as Governor of Kwara State and from the Federal Government as a senator between June 2011 and October 2013.

Originally, the Federal Government preferred against Saraki,13 counts, including charges of false and anticipatory asset declaration, as well as operation of foreign accounts, which he allegedly committed while being the Governor of Kwara State between 2003 and 2011.

Saraki was re-arraigned before the tribunal on Thursday because of the amendment to the charges which added three fresh counts to the original 13 counts.

There have been two amendments of the original 13 counts which now bring the counts against the Senate President to 16.

The first amendment which brought in additional two counts was made on April 18, 2016 while the latest made on April 27, 2016, added one fresh count.

The charges dated April 18 were withdrawn on Thursday.

The latest amendment was introduced by the prosecution and accepted by the tribunal chairman, Danladi Umar, after overruling the defence led by Mr. Paul Usoro (SAN).

The tribunal ruled on Thursday that contrary to Usoro’s contention, the prosecution, under section 216(1) of the Administration of Criminal Justice Act,  was not required to file a motion to give the reasons for the amendment before it could be accepted by the tribunal.

Earlier before the re-arraignment the CCT on Thursday dismissed an application asking its chairman, Danladi Umar, to disqualify himself and withdraw from Saraki’s trial.

Saraki, had in his motion argued by his lawyer, Mr. Ajibola Oluyede, on Wednesday, asked Umar to disqualify himself on the grounds of likelihood of bias in the  handling  of the trial by Umar.

But in the ruling of the two-man panel of the CCT on Thursday, the tribunal held that the application “lacked absolute merit.”

It upheld the opposition of the prosecuting counsel, Mr. Rotimi Jacobs (SAN), to the motion, to the effect that contrary to Oluyede’s claim, the EFCC had cleared him of the bribery allegations.

“The AGF cannot prosecute without sufficient evidence from investigative agencies,” Umar said.

He added that the incumbent AGF, Mr. Abubakar Malami, had said he (Umar) had been cleared while appearing before a House of Representatives’ committee which was petitioned with respect to the bribery allegation.

He recalled that Malami told the committee that he (the AGF) stood by the March 5, 2015 letter of  the EFCC to Adoke, indicating that there was no sufficient evidence to prosecute him (Umar).

He said, “The issue of having a  case to answer before the EFCC is over.

“The application lacks absolute merit and it is hereby dismissed in its entirety.”

The CCT on Thursday adjourned till May 10 for further cross-examination of the first prosecution witness, Mr. Michael Wetkas, after Saraki pleaded not guilty to the 16 counts.

Defence counsel, Mr. Paul Usoro (SAN), had asked for three weeks adjournment to enable the defence team to “take further instructions” from their client and prepare for the case in view of the “fundamental and substantial amendment” to the original charges”.

But Jacobs insisted that the three weeks requested by the defence was too long in view of section 396 (5) of the Administration of Criminal Justice Act 2015.

The CCT panel said that it would strike a balance by adjourning for 10 days and then fixed the next hearing date for May 10.

Meanwhile, Saraki has appealed against the Thursday’s ruling of the Code of Conduct Tribunal in which it refused to disqualify Umar from further participating in the trial.

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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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