14—Vanguard, MONDAY, NOVEMBER 9, 2015
Virgin Atlantic not pulling out of Nigeria —Sales Agent
CCT: Group drags Justice Umar to court
over alleged N10m bribery scandal •Seeks his removal, says he is not fit to try corruption cases By Ikechukwu Nnochiri
By Kenneth Ehigiator
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IRGIN ATLANTIC Airways’ Sales Agent in Nigeria, Chief John Adebanjo, last night, dismissed insinuations that the airline was planning to pull out of the country due to harsh operating environment. Online publications were awashed yesterday with reports that the airline was on the verge of withdrawing its services in the country. The reports also indicated that the management of the airline had started issuing disengagement letters to Nigerians on its employ, as a step to discontinuing flight operations to Nigeria. But reacting to the reports, Chief Adebanjo, however, said admitted that the airline was discontinuing with the services of Nigerian crew in its operations, stressing that it was not an indication of a pull-out of Nigeria. He said: ‘’ Virgin Atlantic Airways has no plans to pull out of Lagos route, we are committed to continue delivering the experience our customers love, whether they are flying for business or leisure. ‘’We have decided that we will no longer have crew based in Lagos. This is by no means a reflection on our Lagos-based cabin crew, the primary purpose of our locally based cabin crew has been to provide cultural expertise and customer feedback has shown us that this is no longer a requirement on the Lagos route. ‘’The additional complexity required to operate an international crew base where there are no foreign language requirement means it is no longer sustainable going forward. This announcement has no impact on our flying programme and we plan to continue flights between Lagos and London. ‘’After 14 years of flying the route, we remain committed to servicing the Nigeria people, whether it be for business, family or education.’’ Virgin Atlantic Airways, owned by British billionaire, Sir Richard Branson, started operations into Nigeria in 2001, and became the second largest carrier on the Lagos-London route, after British Airways.
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BUJA—CHAIRMAN of the Code of Conduct Tribunal, CCT, Justice Danladi Umar, has been dragged before the Federal High Court in Abuja over an allegation that he demanded N10milion bribe to quash criminal case against an accused person before him. The suit was lodged before the
high court by a non governmental organisation under the platform of the Registered Trustees of the Mission for Peace and Development Initiative, through their lawyer, Chief Mike Ozehkome, SAN. The plaintiff, said it has documents showing that the CCT chairman, demanded a N10m bribe from a retired Comptroller of Customs, Mr. Rasheed Taiwo, to terminate
further hearing on a case that was pending against him at the tribunal. According to the group, out of the total agreed bribe, Justice Umar, through his personal assistant, one Mr. Gambo Abdullahi, received the sum of N1.8million as initial deposit. Among exhibits the group attached to the suit included the photocopy of a cheque with which the N1.8m was allegedly
From left, Mr Tayo Omidiji, Head, Strategic Planning, NEXIM Bank, Adam Nuru, Executive Director First City Monument Bank Ltd and Mrs. Obidike Evelyn, Deputy Director, Nigerian Export Promotion Council, NEPC, at the First City Monument Bank Ltd Customer forum on Export Trade in Lagos, weekend. Photo: Akeem Salau
Court restrains FRC over KPMG, Stanbic IBTC
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FEDERAL High Court sitting in Lagos last weekend restrained the Financial Reporting Council, FRC, of Nigeria and its executive secretary, Mr. Jim Obazee, from taking any action, sanction or measure against KPMG Professional Services, auditors of Stanbic IBTC Bank Plc and Mr. Ayodele Othihiwa, a Partner in the firm, pending the hearing and determination of the suit filed by the applicants. The court presided over by Justice Ibrahim Buba, gave an interim order sequel to an application brought before the court by Barrister Chuka Ikwuazo from the law firm of Aluko and Oyebode, urging the court to restrain the respondents from taking any sanction and also order an accelerated hearing of the suit, now fixed for 12 November, when the respondents must have been served all the ‘originating processes’ in the matter. The interim order was the second granted by the court against the FRC, within 48 hours. On 4th of November, Justice Buba also ordered the FRC to maintain the status quo in a related case filed by StanbicIBTC. The case is now pending before the court. KPMG and its Partner had filed an application for the enforcement of their fundamental rights
following the FRC letter of 26 October 2015, which it called a final notice and its ‘regulatory decision’ conveyed in another letter of 30 October, on the financial statements of StanbicIBTC Holdings Plc for 2013 and 2014. FRC, in a recent regulatory decision, had suspended Othihiwa “until the investigation as to the extent of the negligence of KPMG Professional Services is ascertained”. KPMG and Othihiwa contend that the FRC decision was published and issued without informing or notifying them of the nature of the allegations made against them and inviting them to respond to the allegations. The FRC decision, KPMG and Othihiwa claimed not only violated their constitutional right to fair hearing but also Section 62(2) of the Financial Reporting Act, which spells out the procedure to be adopted by the FRC in investigating a professional body for any ‘complaint or dishonest practice, negligence, professional Misconduct or malpractice’. The section states that FRC shall “ notify the professional whose conduct, act or omission is under investigation of the nature of the complaint and it shall summon or hear the professional”. The applicants contended that
FRC and Mr. Obazee, did not only breach this section, but they also breached Section 15(2) b of the FRC Act, which states that a Technical and Oversight Committee shall review “ sanctions to be meted out to any professional accountant, professional or public interest entity”. KPMG and Othihiwa further claimed that even where the Technical and Oversight Committee had ratified the decision of the FRC, the FRC had failed to exhaust the provisions of its own law, by allowing them to exercise their right of appeal to the Technical Committee and by subjecting its decision to the approval of the FRC board. The FRC at the moment has no board. It was dissolved on 16 July 2015. “In effect the respondents purported to make and they seek to enforce the aforesaid ‘regulatory decision’ at a time when the statutory means of recourse stipulated under the Act does not exist”, KPMG and Othihiwa stated in their application. KPMG and Othihiwa in asking the court for accelerated hearing averred that they have been affected and have the potential of suffering greater loss of business opportunities and turn-over, as a result of the action of the FRC, which they consider unfair, ultra vires and a breach of their rights to a fair hearing.
paid to Justice Umar through his proxy, a copy of the statement the CCT chairman made before the Economic and Financial Crimes Commission, EFCC, where he admitted having a private meeting with Mr. Taiwo in his office, as well as the statement of his P.A Abdullahi. Other documents the plaintiff also adduced before the court were a copy of the application with which Justice Umar was granted administrative bail by the antigraft agency, and a letter that was forwarded to former President Goodluck Jonathan by two other members of the tribunal, Justices Robert Odu and W. Agwaza Atedze, wherein they called for a thorough investigation into the bribery scandal so as “to save the CCT from embarrassment”. Specifically, the group, is praying the high court for an order compelling Justice Umar to vacate his position as the CCT chairman on the ground that he is not fit and proper to superintend over the criminal prosecution of any Nigerian, with himself having a criminal case hanging on his neck. Joined as defendants in the suit were Justice Umar, the CCT, EFCC and the Attorney General of the Federation. In a bid to further justify their position that Justice Umar is not “morally and legally fit to try corruption cases”, the group, tendered before the court, a recommendation by the erstwhile AGF Mohammed Bello Adoke, SAN, made while he was still in office, directing the EFCC to prosecute the CCT boss over the said bribery allegation. The recommendation followed the report of the EFCC after its investigation into the petition that was lodged against Justice Umar by the retired Comptroller of Customs, Mr. Taiwo. Aside recommending Umar’s prosecution, the then AGF, in a letter to former President Goodluck Jonathan, dated May, 7, 2014, with reference number: HAGF/SH/2014/Vol./41, equally okayed the removal of Justice Umar as the CCT chairman owing to the allegation of corruption against him. Adoke’s letter to ex-President Jonathan read in part: “ I am of the humble opinion that the current state of affairs by which the tribunal is unable to sit while the institution is increasingly diminished by the pall of suspicion, should not be allowed to fester, as it will expose the institution to public ridicule and undermine this administration’s efforts to combat corruption. “In the light of the foregoing therefore, Your Excellency may wish to initiate the necessary steps for the removal of the chairman.”