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Adulterated Petrol: FG May Return Fuel To Suppliers, 100m Liters Affected – Marketers

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The tainted Premium Motor Spirit, also known as gasoline, imported into the country by the Nigerian National Petroleum Company Limited may be returned to the overseas source by the Federal Government’s Nigerian Midstream and Downstream Petroleum Regulatory Authority.

About 100 million gallons of tainted fuel were imported into Nigeria, according to oil marketers, and were recalled by the NNPC’s Pipelines Product Marketing Company.

The recall resulted in long lines in Abuja, Lagos, Niger, Nasarawa, and other states, with motorists and other PMS users crowding the few petrol outlets that dispensed products.

Many other filling stations were shut down on Tuesday for lack of products to sell, while black marketers greeted various major roads in Abuja, selling products to interested consumers.

It was also gathered that though efforts were being made to address the concerns, the queues and shortage of petrol might drag till this weekend.

The NMDPRA said in a statement it issued in Abuja that a limited quantity of PMS with methanol quantities above Nigeria’s specification was discovered in the supply chain.

NNPC increases supply to bridge the supply gap, recalls polluted fuel

It said methanol was a regular additive in petrol and usually blended in an acceptable quantity, adding that the contaminated product had been isolated.

The statement read in part, “To ensure vehicular and equipment safety, the limited quantity of the impacted product has been isolated and withdrawn from the market, including the loaded trucks in transit

“Our technical team in conjunction with the NNPC Limited and other industry stakeholders will continue to monitor and ensure quality petroleum products are adequately supplied and distributed nationwide.

“The source supplier has been identified and further commercial and appropriate actions shall be taken by the authority and the NNPC Limited. The NNPC Limited and all oil marketing companies have been directed to sustain sufficient distribution of petrol in all retail outlets nationwide.”

Nigeria does not refine crude oil due to the dormancy of its refineries, hence the NNPC imports the commodity from international refiners. This implies that the source supplier is an overseas firm.

The NMDPRA further stated that the NNPC had intensified efforts at increasing the supply of petrol into the market in order to bridge any unforeseen supply gap.

When specifically asked whether the NNPC would return the contaminated petrol to the supplier, its spokesperson Garba-Deen Muhammad, referred our correspondent to the NMDPRA statement where it talked about the identification of the source supplier.

Also, industry sources stated that the standard thing to do was to inform the source supplier and possibly return the product to it based on the terms of the agreement reached between parties.

On measures adopted to ensure that the product did not further get to consumers, the National President, Independent Petroleum Marketers Association of Nigeria, Debo Ahmed, stated that IPMAN had alerted all its units.

He said, “We’ve discussed with all our zonal and unit chairmen to tell their members not to sell the products. And some of the products that got to the depots were not released to the public.

“So on our part, we’ve taken that precaution and we are waiting for the PPMC to call the trucks back to evacuate the products. So the majority of the products are in the depots.”

On whether the volume of the contaminated products was much, Ahmed replied, “Well, I don’t know the exact volume, but what I know is that we lifted from various depots in Lagos. But we don’t know the quantity, they say it is about 100 million litres or so.”

On ways to avoid a recurrence of such a situation, Ahmed stated that the agencies of government should carry out a thorough inspection on products before releasing them to the Nigerian market.

He said, “The PPMC has the whole gamut of officers, the NMDPRA has to take care of the quality through its sections on quality and safety. And even at the depots, before they load, there should be a preloading and after-loading inspection.

“They have to know the quality of the product before sending it out. But I think there was a mix-up somehow and the PPMC has already accepted that it is from their place and that they will evacuate the whole product.

“So they stopped most of the trucks from going out when they discovered the situation and these trucks are right now in the depots.”

On his part, the President, Petroleum Products Retail Outlets owners Association of Nigeria, Billy Gillis-Harry, said PETROAN was still looking for solutions to address the scarcity caused by the imports of contaminated products.

He, however, noted that the queues across the country might drag till the weekend, as the impact of the recalled products would be felt in the supply chain.

“We are trying to see how the situation can be remedied so that the country doesn’t run into any kind of crisis, but we see it dragging and hope that before the close of this week we will find a solution to it,” he stated.

Implications of contaminated fuel

An energy law specialist, Prof. Dayo Ayoade, told our correspondent that aside from the huge adverse environmental impact of such contaminated fuel, the product had already knocked the engines of some motorists.

He said, “It is a big issue because the contaminated fuel has to be taken out of the system. It has to be extracted from the filling stations and depots and disposed of. This is because since it is contaminated, you can’t sell it to another person.

“It has to be disposed of in an environment that is sustainable, and in a proper manner. Now, do we have the equipment to properly take care of this contaminated fuel? That is a big issue.

“Secondly, there is the issue of who is liable for the cost of replacement of the engines that have knocked? Because contaminated fuels have a negative impact on engines and I heard that the engines of some customers have knocked.”

But when asked if the NNPC would compensate motorists who had already used the contaminated petrol, the spokesperson for the oil firm, Garba-Deen Muhammad, declined comments.

Falana, Adegboruwa ask NNPC to compensate motorists

Meanwhile, some senior advocates and rights activists have called on the NNPC – which is the sole importer of petrol – to compensate motorists who bought adulterated fuel.

A senior advocate, Mr Ebun-Olu Adegboruwa, said the government was wrong to have given the NNPC the monopoly of petrol importation.

Adegboruwa said the oil firm cannot escape liability.

He added, “If it is confirmed that there’s negligence on the part of the importer of the petroleum products, surely all those who bought the fuel are entitled to pursue their remedies against the agency especially where it affects vehicles among others.

“They would be liable and this is because they have the monopoly of importing petroleum products to the country. So the citizens are limited in terms of their choice and so in that regard, they have the responsibility of ensuring that they import what is suitable for use by the consumer.

“The NNPC can’t escape being held liable and not just the NNPC, I think the government itself and the reason are that there’s no reason to monopolise the importation of petroleum products. Also, the reason we are experiencing this is that the government has failed to repair our refineries.”

Mr Femi Falana (SAN), said the NNPC must compensate those who bought the contaminated petrol.

Falana advised victims to lodge a complaint with the Federal Competition and Consumer Protection Commission.

He said, “The NNPC has to compensate consumers. They (consumers) should lodge a complaint with the consumer protection council.  Victims can institute an action against the NNPC. The NNPC also has the right to sue those that sold the fuel to them.”

Another senior advocate, Norrison Quakers, said it was irresponsible for the NNPC to have imported contaminated fuel, adding that they could be dragged to court for doing so.

Quakers further argued that the marketers who bought the petrol from the NNPC ought to be compensated as well.

The senior advocate added, “If I was an independent marketer and I bought the product from NNPC for the supply and suddenly it turned out to be adulterated fuel, the NNPC is duty-bound to reimburse and compensate me for my loss. I could start first with an administrative process to demand the reimbursement and when they refuse to do that I can now institute an action in that regard because I bought it from them.

“Secondly, a car owner who goes to a filling station to buy petrol and his car develops a fault because some cars are very sensitive, can sue the supplier as well as the NNPC. It’s like a chain; you identify the primary source and the secondary. Honestly, it is highly irresponsible for the NNPC to have imported adulterated fuel. It means standards have really declined. How do you determine the fuel that is being sold, is it not at the point of purchase?

“How do you end up buying adulterated fuel of that magnitude? Those are questions begging for answers. The president must intervene, heads must roll. It is quite painful in the age of the way we do things in this country.”

Also in a chat with The PUNCH, the Executive Director, Civil Society Legislative Advocacy Center, Ibrahim Rafsanjani, said this was scandalous to Nigeria, calling on the anti-corruption agencies in the country to investigate the matter.

He said, “I think this is an indictment on the NNPC, the sole importer of petroleum in Nigeria. They must be made to account for how it happened. Taxpayers’ money is used to import this petrol. This also goes to show the poor regulatory and supervision mechanism.”

BIG STORY

Yahaya Bello And The EFCC Quandary: The Devil Is In The Details By Ayoola Ajanaku

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The dust is yet to settle, following the efforts of the Economic and Financial Crimes Commission (EFCC) to arrest the immediate past governor of Kogi State, Yahaya Bello last week, on the heels of the anti-graft agency preparation to arraign him over corruption charges. This development is more than what meets the eye, as it’s laden with intricate details that are the kernel of this lucid treatise.

The attempt to arrest the ex-governor led to the gestapo like siege to his residence located in Wuse Zone 4, FCT earlier. Officials of the EFCC cordoned off the road and entrance to the residence of the former Kogi State governor for most of Wednesday.

Despite the heavy presence of EFCC operatives around Bello’s residence, his successor in office, Usman Ododo, paid him a solidarity visit. Ododo arrived the erstwhile helmsman’s residence in the afternoon and was cheered by the loyalists of the former governor who were present to give support to their embattled principal.

Also, while the siege on Bello’s residence was still on, two conflicting court rulings emerged in respect to the attempt to arrest of the former governor by the EFCC. One of the rulings, which came from a Kogi State High Court sitting in Lokoja, restrained the EFCC from arresting, detaining or prosecuting Bello.

Justice I.A Jamil, who gave the order in a ruling last week, stated that infringing on the fundamental human rights of the former Kogi helmsman is null and void except as authorised by the Court.

“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant except as authorised by the Court.

“This is a definite order following the earlier interim injunction given,” he averred.

In another twist in the yoyo-like locomotion of multiple judicial pronouncements, however, the EFCC obtained permission from the Federal High Court sitting in Abuja to arrest the ex-Kogi State governor in preparation to his arraignment on Thursday.

Justice Emeka Nwite granted the warrant this afternoon at the instance of the EFCC.

Love or hate Yahaya Bello, the pertinent questions begging for answers in this litigation are:

The EFCC had in March indicted Yahaya Bello, in an alleged diversion of about N100 billion, an offence said to have been committed months before he assumed office as governor in September 2015. If any third party dissects the budgetary appropriation of Kogi State and it’s IGR dispassionately then the numbers do not add up. The former helmsman meet a humongous liabilities and backlog of non-serviced facilities accruing to the Confluence State that had to be serviced. The pervasive prevarication that colossal funds found it’s into his pockets amount to ‘Alice in Wonderland’ tales.

The anti-graft agency had joined Yahaya Bello in the amended suit alongside the Chief of Staff to Kogi State Governor, Alli Bello, and one Daudu Suleiman, who was re-arraigned by the anti-graft agency before Justice James Omotoso of the Federal High Court, Abuja.

The ex-governor was not a defendant in the original suit, and was not in court on the said day.

Justice Omotoso had granted an accelerated hearing in the matter and had also ordered that all forms of objections must be kept in abeyance till the address stage and the charge were read to them.

In the first count, the former governor, and the two suspects were accused of conspiring with each other in September 2015 and converting N80, 246, 470, 089 to their personal use. For contextual and editorial alignment, the goalposts of allegations have witnessed shifting and amendments.

What court Order did the EFCC appeal against as well as the reason behind it?

It is a germane fact in public domain that the EFCC appealed against the Order granted on the 9th of February, 2024 by the High Court of Kogi State, the said order was an order restraining the EFCC from inviting, arresting or detaining the Applicant vide Notice of Appeal filed on 26th February, 2024.

Also, the EFCC further asked for a stay of Execution of the Interim Order at the Court of Appeal on 21st of March, 2024, which request was refused by the Court of Appeal.

However, on the 6th of March, 2024, in defiance of the interim Orders and their own pending appeal against the interim Order, the EFCC proceeded to prefer a 17 Count(s) Charge before Justice Nwite of the Federal High Court against Yahaya Bello.

The EFCC went further to resort to self help when on the 17th of March, 2024, it approached the same Federal High Court, Abuja, via an Ex-parte application and without informing the said court of the interim Order and their pending appeal against the interim order, to obtain an arrest warrant against the same person in respect of whose Order they had appealed to the court of appeal.

Akin to the above, if indeed the EFCC has nothing to conceal, why are they trying to muddle up the issues on account of the main judgement that was also subsequently delivered in the same High Court of Kogi State without recourse to the interim order that they appealed against and requested to be stayed, which request was refused?

The EFCC claims to have extended invitation to Yahaya Bello’s quarter immediately after his tenure elapsed on January 27th 2024. He has challenged the anti-graft agency to produce a copy of this invitation, including the delivery date and the recipient’s name and endorsement. There’s ample confidence on his part that they cannot provide ample evidence to this effect.

This sudden attempt at trying to confuse unsuspecting public with sentimental press statements and mug shot poster emblazoned with wanted message in capital letters. These actions intended to impugn and malign Yahaya Bello would not help them clear the infraction and abuse of the judicial process to give a dog a bag name to hang it. It’s a recurring decimal and standard MO of the anti-graft agency to embark on the route of smear campaign on suspects in a bid to gain an edge in the gallery of public opinion.

Again, by the admission of EFCC to the effect that they were at the Court of Appeal on the matter, and at the same time, approached a Federal High Court without informing the court of the subsisting order and appeal, is an admission of abuse of judicial process, and a fraudulent deceit of the court that has led it to granting conflicting Orders while appeal was pending.

This approach is a grave infraction of due process of law, subsequently, the statement issued by the learned counsel representing EFCC in the said matter amounts to trying to justify the infraction in a media trial which is unethical and not allowed or recognized in the legal profession.

The NJC should seriously investigate this matter as the conduct of the EFCC lawyer is clearly unethical and smirks of “Jankara” and “Boju Boju” practice of circumventing due course of the law.

The EFCC had appealed the order on March 11, 2024 and sought a stay of execution in Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello. The Court of Appeal did not grant the stay of execution, but fixed yesterday for hearing.

The appeal, however, failed to take place as the registrar told journalists that the appeal was not listed among the cases for the day.

The latest development in this jurisprudential tango, the embattled immediate past Governor of Kogi State, Yahaya Bello said he was ready to appear before the Federal High Court in Abuja to answer to the 19-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

Though Bello was absent for his arraignment, he briefed a team of lawyers who addressed the court on his behalf on Tuesday. A member of his legal team, Mr. Adeola Adedipe, SAN, told the court that his client would have made himself available for the proceedings, but all he clamours for is the strict adherence to the rule of law.

“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” Adedipe, SAN, submitted.

Consequently, he urged the court to set aside the exparte order of arrest it earlier issued against the former governor.

Adedipe, SAN, contended that as at the time the order of arrest was made, the charge had not been served on his client as required by the law.

He noted that it was only at the resumed proceedings on Tuesday that the court okayed substituted service of the charge on the defendant, through his lawyer.

“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.

“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.

Time will tell where the pendulum will swing, as Yahaya Bello is fighting a battle of his life to untangle himself from the charges filed by the Nigeria’s anti-graft agency earlier that has caught the attention of all and sundry.

In a nutshell, the pontification of prominent Lutheran pastor in Germany, Martin Niemoller rings a bell in this scenario. “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out -because I was not a trade unionist. Then they came for the Jews, and I did not speak out – because I was not a Jew. Then they came for me – and there was no one left to speak for me.”

Regardless of his exact words, Niemöller’s message remained consistent: he declared that through silence, indifference, and inaction worse things happen. Alas, reverse is the case as in this part of the world an individual is not presumed innocent until proven guilty. The hounds and irate mob are out and baying for blood aided by apparatus of power with a predetermined ploy to have Yahaya Bello’s head on a plate via the guillotine.

 

Ayoola Ajanaku is a Communications and Advocacy Specialist based in Lagos, Nigeria.

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FG Revokes 924 Inactive Mining Licences — Solid Minerals Minister Alake

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924 inactive mineral licences have been withdrawn by the Federal Government via the Ministry of Solid Minerals Development.

Dele Alake, the Minister of Solid Development and Minerals, revealed this information on Wednesday in an Abuja press conference.

There are 273 small-scale mining licences, 101 quarry licences, 20 mining leases, and 528 exploration licences among the revoked permits.

November of last year saw the ministry withdraw 1,633 mineral titles that had been issued to mining corporations that had not complied.

In order to make the solid minerals industry more competitive internationally, the minister also pledged to clean it up and asked all parties involved to start acting morally again.

But speaking at the briefing, Alake said the ministry decided after identifying a problem of licence racketeering among players in the sector.

He said, “In line with constitutional provisions, we ensured that adequate notice was given to the concerned parties through the official gazette of the Federal Republic of Nigeria no 227 which was published on December 27, 2023.

“This notice gave all concerned parties 30 days to regularise their status including clarifications on what caused the licence to be dormant.

“In view of the above, which shows our adherence with due process and fair consideration and in line with the standard policy of use it or lose it, I hereby revoke the 924 dormant licences with immediate effect.

“These include 528 exploration licences, 20 mining leases, 101 quarry licences and 273 small-scale mining licences.”

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BIG STORY

An Icon Of Service: NATCOM Boss, Otunba Adejare Adegbenro’s Leadership Legacy

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In the intricate mosaic of Nigeria’s societal fabric, Otunba Adejare Adegbenro stands as a beacon of commitment, resilience, and service.

Born on March 6th, 1973, in Lagos, he draws from a lineage steeped in political legacy, being the grandson of the late Premier of Western Region, Alhaji Daudu Sooroye Adegbenro. Raised in a family that values service to the community, Otunba Adegbenro has carved his path as a distinguished figure in Nigerian society.

The culmination of his familial heritage and dedication to community service was marked by his installation as the first Otunba Laje of Owu Kingdom in Ogun State, Southwest Nigeria.

This historic event, which took place on January 20th, 2018, under the auspices of His Royal Majesty Oba Olusanya Dosunmu II, traditional ruler of Owu kingdom, reinforced Otunba Adegbenro’s deep-rooted ties to his cultural heritage and commitment to uplifting his people.

Beyond his traditional titles, his influence extends globally, with his appointment as High Commissioner by the International Human Rights Commission (IHRC), where he spearheads foreign special missions aimed at preventing illegal migration and human trafficking. This appointment is a testament of his reputation as a renowned security expert and industrialist, whose expertise transcends national borders.

In his role as the acting Director-General of the National Commission against the Proliferation of Arms, Light Weapons, and Pipeline Vandalism (NATCOM), Otunba Adegbenro has demonstrated a steadfast commitment to combating threats to national security. His vast experience in security consultancy and supply of security gadgets has positioned him as a pivotal figure in Nigeria’s security landscape.

However, Otunba Laje of Owu Kingdom’s contributions extend beyond the realm of security.

Through his foundation, the Otunba Adejare Adegbenro Foundation (OAAF), he channels his resources towards uplifting the less privileged in society. With initiatives ranging from the provision of boreholes to communities lacking access to clean water, to scholarships for deserving students, he exemplifies the spirit of philanthropy and communal solidarity.

Reflecting on his journey, Otunba Adegbenro once acknowledged the challenges he has faced, from navigating the complexities of entrepreneurship to confronting societal stereotypes.

Yet, through it all, he remains resolute in his commitment to service and upliftment. His philosophy, rooted in faith and compassion, drives him to make a tangible difference in the lives of others, regardless of obstacles encountered along the way.

Otunba Adejare Adegbenro stands as a testament to the power of leadership, resilience, and unwavering dedication to the common good. In him, Nigerians find not only a visionary leader but a compassionate steward of progress, whose impact reverberates far beyond the shores of his homeland.

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