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THURSDAY FEBRUARY 16, 2017 ˾ T H I S D AY
NEWSEXTRA
S’Court Reserves Judgment in Abia Governorship Tussle Tobi Soniyi in Abuja The Supreme Court will on May 12, 2017 deliver final judgment that will put to rest the long drawn legal tussle on the Abia State governorship seat. Contenders to the seat are the incumbent Governor, Dr. Okezie Ikpeazu and his challenger, Dr Samson Okechukwu Ogah, who are both of the Peoples Democratic Party (PDP) but locked in a legal battle on who was the qualified candidate for the party in the 2015 governorship election. The acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, fixed the appeal for judgment after hearing submissions from parties involved in the matter yesterday. Arguing Ogah’s case, Dr. Alex Izinyon (SAN) urged the court to set aside the judgment of the Court of Appeal which last year upheld the nomination of Ikpeazu. Iziyon submitted that the case of his client was that Ikpeazu was not qualified to have contested the 2015 Abia governorship election on the platform of PDP on the grounds that he supplied false information in the document used to secure clearance for the election. The counsel maintained that the Court of Appeal erred in law when it based its judgment in favour of the governor on the effect that Ogah founded his case on perjury against the defendant and that the perjury
being a criminal matter was not proved beyond reasonable doubt. Iziyon insisted that his client never raised any criminal matter against Ikpeazu but only claimed that the respondent submitted false information in his form CF001 which by provision of section 31 of the Electoral Act 2010 made him ineligible to stand for election In his objection to the appeal, Ikpeazu represented by Chief Wole Olanipekun (SAN), urged the apex court to dismiss the appeal for lacking in merit. Olanipekun argued that the trial court miscarried justice in its judgment because the PDP guidelines and its constitution which would have aided the court to arrive at a just conclusion were not before the court. He also argued that the trial judge based his judgment on extraneous considerations and that his judgment was rightly upturned by the Court of Appeal. Olanipekun said the trial court went out of its way when it assumed that Ikpeazu did not pay tax because the tax papers were dated Saturday. He also said it was wrong of the trial court to have persecuted and crucified Ikpeazu for the offence of perjury, adding that being a public servant, his tax was deducted from source and confirmed by the Abia tax officers in their affidavit evidence. The Independent National Electoral Commission (INEC)
Italian Senator Demands Inquest on OPL 245
represented by Mr. Alhassan Umar also called for the dismissal of the appeal to allow the judgment of the Appeal Court in the matter to stand. Justice Onnoghen who led four other Justices of the court, after listening to arguments from all parties, announced that the court
case. The conspiracy investigation, according to the Italian media, centres on information from witnesses that several businessmen and former politicians, including several prominent Nigerians conspired to try and topple the Eni leadership and destabilise the company. These Nigerians, according to various Italian press reports, include former National Security Adviser, Aliyu Mohammed Gusau; the Abacha family, former Attorney General, Christopher Bayo Ojo, and Italian-Nigerian businessman Gabriele Volpi. Gusau was mentioned five times in the Italian prosecutor’s December notice of conclusion of the preliminary investigation into OPL 245. Ojo was also repeatedly named. The Abacha family continues to claim to be a 50 per cent shareholder in Malabu Oil, the Nigerian company that owned OPL 245 while Mr. Volpi was named by the United States Senate as a close associate and business partner of former Vice President Atiku Abubakar. There is also an Iranian angle to the alleged conspiracy, with the Italian press reporting allegations that Iranian businessman Radwan Khawthani looked to influence former Italian Prime Minister Matteo Renzi to change the Eni leadership and have current CEO Claudio Descalzi replaced by an Eni executive called Umberto Vergine. So while the Nigerian and Italian courts continue to investigate the 2011 OPL 245 transactions, questions are starting to be asked in Europe about whether the investigations themselves are serving the vested interests of powerful figures in Nigeria, Italy and elsewhere.
in relation to his tax papers. Justice Okon Abang had in his judgment agreed with Ogah and nullified the nomination of the governor and replaced him with Ogah as the qualified PDP candidate for the 2015 governorship election in Abia. The Appeal Court however, in
its judgment disagreed with Abang and set aside the his judgment The candidate of the All Progressives Grand Alliance (APGA, Alex Otti, who was granted permission to join the appeal was however not heard because his lawyer was yet to file processes before the court.
RECOGNITION FOR SERVICE
Governor Ifeanyi Ugwuanyi of Enugu State (right), receiving ‘The Man of theYear 2016” award from the Deputy Chairman, Editorial Board of Enugu Local GovernmentAreaNewsMagazine,Rev.Fr.Dr.EmekaNgwoke,attheGovernmentHouse,Enugu....yesterday.
FG, Labour Reach Consensus on Review of Minimum Wage Senator Iroegbu in Abuja
The gruelling Malabu Oil deal, otherwise known as OPL 245, now under investigation by a committee of the House of Representatives, has recorded a new development as a veteran Italian senator has called for an official inquiry into the allegation that several businessmen and former politicians, including prominent Nigerians, conspired to topple the leadership of the Italian oil giant, ENI and destabilise the company. The Italian newspaper, Il Giornale, reported last weekend that Senator Lucio Barani asked for an inquiry into allegations that corruption charges around the sale of Nigerian OPL 245 had been used as part of a campaign to overthrow the leadership of the company. The 2011 deal which saw Eni and Shell pay $1.092 billion to the Federal Government of Nigeria is the subject of legal proceedings both in Nigeria and in Italy with the Federal High Court in Abuja recently temporarily removing control of the block from the two international oil companies. Senator Barani has publicly argued that the inquest is necessary because of the company’s strategic importance for the Italian economy and the danger of its being destabilised through foreign interference. The alleged conspiracy to topple the current Eni leadership has been investigated by three regional prosecutors in Italy – in Trani and Syracuse before being moved to Milan, where the prosecutors are already investigating OPL 245. The Italian media reports on allegations that the “conspiracy dossier” is now being hidden by the Milan prosecutors because it could challenge the arguments put forward by them in the OPL 245 matter and benefit Eni’s defence
would give final judgment in the matter on May 12. Ogah who came second in the governorship primary election of the PDP of 2014, had approached the Federal High Court to nullify the nomination and sponsorship of Ikpeazu on the grounds that he, Ikpeazu, supplied false information
The President of Nigeria Labour Congress (NLC), Mr. Ayuba Wabba, has said the federal government and the leaders of labour unions in the country have reached a consensus to review the National Minimum Wage. Wabba disclosed this yesterday, saying the consensus was reached during the sitting of the Technical Committee on Palliative. He said the committee was meant to look into the framework to ameliorate the sufferings of Nigerians and cushion the effect of the increase in the price of fuel. The MLC leader also noted that the report of the committee, which was also meant to discuss the issue of the minimum wage, was ready for submission.
He said: “I think there is a consensus on the fact that nobody has said that the minimum wage should not be reviewed. The palliative report is ready and it would be submitted before the end of the month. “At the last palliative meeting, labour leaders had requested that they needed to look at the main report of the committee before submission. So, the technical committee will have to submit its report to Mr. President and not to the Minister of Labour and Employment.” The NLC president said after the submission, the presidency would then set up the tripartite committee that would involve the government, private and public sector. He stressed that labour was hopeful that the minimum wage committee would be constituted
soon. Wabba also noted that the organised labour movement has received positive response from the National Assembly, saying that the Senate had promised to pass the bill. The labour unions had submitted a proposal to the government demanding for N56, 000 as minimum wage. The Federal Government has last month agreed to set up a committee for the review of the New Minimum Wage this month. This move was confirmed by the Special Assistant to the Minister of Labour and Employment on Media, Mr. Nwachukwu Obidiwe, who said that the government would set up the tripartite committee for the new Minimum Wage immediately after the submission of the report of the Palliative Committee.
“The Technical Committee on Palliatives will submit their report by next week. The federal government will now set up another committee to review the minimum wage. This one will submit their report next week. “The technical committee established by government will submit its report next week. Once done, the FG will set up a tripartite committee comprising FG, State governments, Labour while public and private sector will be represented by the Nigeria Employers Consultative Assembly,” Obidiwe had said. The federal government had set up a 16-man committee on June 1, 2016, to implement palliatives put in place to cushion the effect of the increase in the fuel pump price from N86 and N86.50k to N145.
NCC Commences Review ofVoice Termination Cost for Telcos Dele Ogbodo inAbuja The Executive Vice Chairman, Nigerian Communications Commission (NCC), Prof. Umar Danbatta, yesterday said the commission has commenced the process for the review of mobile voice termination cost for all telecommunication companies in the country. Danbatta, who was represented by Ms. Josephine Amuwa, a Director in the commission, made the disclosure at a stakeholders’ forum in Abuja, he said the commission appointed Messrs’ PricewaterhouseCoopers LLP (PwC) to carry an impact assessment on the subsisting interconnect regime. According to him, the commission carried out an in depth cost study and made a determination on the
interconnection rates for voice services which took effect in 2013. Danbatta said the result of the cost based stud would make the industry achieve full competition and effective regulation by providing a level playing ground for all participants. He said: “Since the last determination, the Nigerian communication market has witnessed tremendous growth in both subscriber numbers as well as traffic volumes. Changes in available technologies, (2G, 2.5G, 3G and 4G) and other network elements, including global financial markets which have an impact such as the cost of capital. “The scale of changes will inevitably affect the unit cost of providing services including interconnection and may lead
to differences between regulated interconnection rates and underlying costs which in turn may result in differences between on-net and off-net retail tariffs. “It is very important that we ensure that interconnection services are not only fairly priced and nondiscriminative but should reflect the cost of providing such services in the market.” The EVC admitted that’s is in this regard that NCC has decided to review the rates set in 2013 determination in the light of the current market realities He said: “ Consistent with the Commission’s principle of ensuring participatory regulation, this initial Stakeholders Forum is held not only to formally introduce the project consultant to the industry
stakeholders, but also to kick—start the project.” The supply of industry statistical data, the EVC, said is most crucial to the success of determining appropriate interconnection termination rates for the telecommunications industry. According to him, NCC has the obligation to create a level playing field for all operators, noting that “in line with international practices, the commission shall ensure that interconnect rates reflect the cost of termination on the networks. He said PwC terms of reference includes: “To carry out an impact assessment on the subsisting interconnect regime, identify shortfalls on the subsisting interconnection rate regime and provide workable solutions.