The Federal Government was able to freeze the accounts of 20 #EndSARS campaigners after telling a Federal High Court in Abuja that the funds in their accounts might have been linked to terrorist activities.
This is according to a written address in support of a motion ex parte filed by the Central Bank of Nigeria.
The CBN had in the second week of October frozen 20 accounts and thereafter approached the court to seek an ex parte order to freeze the accounts.
In the case with suit number FHC/ABJ/CS/1384/2020, filed before Justice A. R. Mohammed, the CBN, however, made no mention of the fact that the 20 accounts were owned by persons involved in the #EndSARS protests, but told the court that the funds might have emanated from terrorist activities.
The written address read in part, “My lord, the nature of the transactions undertaken through the defendants’ accounts are of suspected terrorism financing in contravention of Section 13(1)(a)and(b) of the Terrorism (Prevention)(Amendment) Act, 2013 and Regulation 31(2)(a)and (3)(b) of the Central Bank of Nigeria Anti-Money Laundering/Combating the Financing of Terrorism Regulations, 2013.”
In a supporting affidavit deposed to by one Aondowase Jacob on behalf of the CBN, it was stated that the Head of the Economic Intelligence Unit of the Governor’s Department, CBN, Joseph Omayuku, had conducted an investigation on the accounts of the defendants and other individuals and entities held with certain banks in Nigeria.
According to the affidavit, the investigation showed that the owners of the accounts may have been involved in terrorist activities.
It added, “There is a grave allegation that the defendants are involved in suspected terrorism financing via their bank accounts in contravention of the provisions of extant laws and regulations. The aforesaid transactions undertaken by the defendants, using their bank accounts, can cause significant economic and security harm to the public and the Federal Republic of Nigeria if left unchecked.
“The applicant (CBN governor) is thus desirous to have the court empower him to direct the freezing of the 20 accounts listed on the annexure to this application and all other bank accounts held by the defendants.
“A freezing order of this honourable court in respect of the defendants’ accounts would also enable the investigation of the activities of the defendants to a logical conclusion with a view to reporting the same to the Nigerian Financial Intelligence Unit.”
The apex bank said unless the order was granted, it would not be able to ensure that the money remained intact, while investigations were ongoing.
The 20 accounts frozen by the CBN are domiciled in Access Bank, Guaranty Trust Bank, Fidelity Bank, United Bank for Africa, and Zenith Bank.
The accounts were said to have been flagged after they received money with the narration #EndSARS.
One of the frozen accounts, marked 0056412470 and domiciled in Access Bank, belongs to Bolatito Olorunrinu Oduala, an #EndSARS campaigner, who was appointed into the Lagos State judicial panel set up by Governor Babajide Sanwo-Olu.
Another frozen account marked 0033974485 and domiciled in Access Bank belongs to Bassey Israel, the medical team coordinator for the #EndSARS protests in Port Harcourt.
Similarly, an account marked 0054676984 domiciled in Access Bank belongs to Gatefield Nigeria Limited, which paid freelance journalists to cover the protests.
Justice Mohammed froze the accounts for 180 days subject to renewal but said anyone who was not satisfied with the ruling was free to challenge it.
Freezing protesters’ accounts illegal – Aisha Yesufu
A leading member of the #EndSARS protesters, Aisha Yesufu, described the freezing of the #EndSARS protesters’ accounts as illegal, noting that the government “is behaving like a terrorist.”
She questioned the freezing of the accounts ahead of the court injunction ordering the banks to block the accounts.
Yesufu stated, “The question is, why did they freeze the accounts before obtaining a court injunction? Why the illegality? Our judiciary should know that it is an independent arm of government and there is a separation of power.
“The government should be ashamed of itself. The United Arab Emirates just convicted some Nigerians, who were accused of terrorism, and we are hearing that the government would appeal on their behalf. That is where the problem is.”
The activist accused the Federal Government of pampering insurgents while bearing down on peaceful and harmless protesters.
She added, “#EndSARS campaigners are protesters and they protested the way the Constitution allows, so all these are shenanigans. They had better focus on the terrorists.
“Bandits are laying down their arms and they are taking them to Government Houses, while Boko Haram members are being given preferential treatment, but Nigerians, who were protesting, were being killed by the government. The government is the one behaving like a terrorist right now.”
Terrorism: Nnamdi Kanu in Fresh 15-Count Charges
On Monday, the Federal Government (FG) filed a new 15-count terrorism charge against Mazi Nnamdi Kanu, the self-proclaimed leader of the outlawed Indigenous People of Biafra (IPOB).
The Federal Government upped the counts in the initial accusation it filed against Kanu from seven to fifteen in an amended charge filed before the Federal High Court in Abuja.
With the fresh charges, Kanu who has been facing a seven-count charge bordering on treasonable felony will now take a fresh plea to a 15-count amended charge marked FHC/ABJ/ CR/383/2015, signed by the Director of Public Prosecution (DPP) M. B. Abubakar.
The IPOB leader was scheduled to appear in court on January 18 (today) to argue his case in two separate applications contesting the competence of the earlier accusation leveled against him as well as the court’s authority.
Count one of the charges alleged that Kanu, sometimes in 2021, being member and leader of the proscribed Indigenous People of Biafra did commit an act in furtherance of an act of terrorism against the Federation Republic of Nigeria and the people of Nigeria by making a broadcast received and heard in the country with the intent to intimidate the population, and also threatened that people will die, the whole world will stand still, thereby committing an offense punishable under Section 1(2)(b) of the Terrorism Prevention Act, 2013.
Count 15 of the charge reads, “That you, Nnamdi Kanu, male, adult of Afaranukwu Ibeku, Umuahia North Local Government Area of Abia state on diverse dates between the month of March and April 2015 imported into Nigeria and kept in Ubulisiuzor in Ihiala LGA of Anambra state, within the jurisdiction of this honorable court a radio transmitter known as Tram 50L concealed in a container of used household items and you thereby committed an offense contrary to Section 47(2)(a) of Criminal Code Act. Cap C45 Laws of the Federation of Nigeria 2004”.
It would be recalled that the IPOB leader breached the bail conditions granted him by Justice Binta Nyako, before whom he was standing trial. He was however rearrested and brought back to Nigeria to continue with his trial.
Fuel Subsidy: States Kick As NNPC Continues Deductions, FAAC To Meet On Wednesday
As the Federation Account Allocation Committee meets for the first time in 2022 on Wednesday, there are significant indicators that state and federal governments are once again at odds.
Officials from the state, speaking to our correspondents on Sunday, criticized the Nigerian National Petroleum Corporation’s continuous diversions from FAAC monies to support fuel subsidies, stating that the issue would be discussed at the meeting on Wednesday.
On Wednesday, the NNPC was set to remove N270.83 billion from the January FAAC allocations, which would be divided by state, federal, and local governments.
Asuquo Ekpenyong, Junior, the Cross River State Commissioner for Finance, verified to one of our correspondents that the FAAC meeting will take place between Wednesday and Thursday.
In its December 2021 report to the FAAC, the NNPC announced that it will deduct some monies as a value shortfall sustained by the oil company in January 2022.
During the FAAC meeting in January, the company said it would subtract N270.83 billion from the amount to be split by the three tiers of government.
It said, “The estimated value shortfall of N270,831,143,856.56 is to be recovered from December 2021 proceed due for sharing at the January 2022 FAAC meeting.
“This value shortfall consists of N220,110,853,427.56 for November and N50,720,290,429.00 deferred for recovery in December 2021 FAAC report.”
Deductions unjustifiable – Delta
Speaking ahead of the FAAC meeting, the Delta State Commissioner for Finance, Mr. Fidelis Tilije, in an interview, said that the Finance Commissioners’ Forum had made a series of conclusive resolutions on the deductions by the NNPC to finance fuel subsidy.
According to him, state governments will continue to oppose the deductions, which he described as non-transparent.
Tilije, who chaired the finance commissioners forum’s committee on the Petroleum Industry Act, said, “The issue of removal of fuel subsidy is the Federal Government’s responsibility and not FAAC responsibility.
“Ours is to look at sources of funding and expenditure. We have made a series of conclusive resolutions on the need for subsidy to be removed on one angle and secondly to also check the NNPC because we don’t know who is checking on what kind of subsidy they are paying.
“Because they are the one collecting the subsidy and they are the one spending it. Those issues have been queried, of course, the Federal Government is in charge of the NNPC and the NNPC also behaves like a law. Until the Federal Government can take a decision on the issue of subsidy and there is nothing anybody can do.
“But unfortunately the Federal Government is also saying that it will need the state governors to guarantee the wellbeing of the people and ensure that there is no labor strike in their various states before they can remove subsidy. Who does that?”
When asked about the stand of states ahead of Wednesday’s meeting, he stated, “We have always been kicking against it (deductions for subsidy) and we will continue to kick against it, what we are saying is that the subsidy they are paying cannot be justified.
“We don’t know the exact figure we are consuming on a daily basis but their own argument is that now the price of crude oil has gone up and if you sell the crude oil at a high price and import petrol, you will have to be buying the petrol at a high price but for me, it is not true.”
It’s injustice against Ekiti – Commissioner
On his part, the Ekiti State Commissioner for Finance, Akin Oyebode, expressed the opposition of the state government to the deduction of money for fuel subsidy from the Federation Account without the consent of states.
Oyebode, who said he could only speak for his state, said such deductions, which exemplified the country’s flawed fiscal federalism, amounted to injustice to some states including Ekiti.
The commissioner said, “I have been on record at the various Federation Accounts Allocation Committee meetings to state my vehement opposition to the continued deduction of subsidy without subjecting it to the consent of the states”.
He suggested two options for the Federal Government to resolve the issue going forward.
Oyebode said, “The issue is very clear, if the Federal Government decides in its wisdom to operate the subsidy on petroleum products without getting the consent of states, then it should bear the cost of the subsidy 100 percent and that cost should be taken from the Federal Government’s share of the Federation Account, not deducted at source from the Federation Account.
“And in the event that we, as a country, agree to continue with the subsidy regime, then the deduction should be made in line with the consumption of petroleum products in each state.
“A situation where Ekiti, for example, that consumes less than one percent of petroleum products gets a deduction of N3bn a month, is a significant loss to Ekiti. We could have used that money to meet all sorts of different demands from our people.
“We believe that this is again another example of the flawed fiscal federalism structure that we operate. Of course, this subsidy request has been tabled at FAAC, all we get at the meetings are reports of deductions taken at the source which I very strongly believe are even unconstitutional because these are not subject to appropriation.
“The Nigerian National Petroleum Corporation, in its wisdom, just comes and reports that this is how much was taken and they call it some funny names, but we know what it is – deductions for subsidy.”
Oyebode said that a curious aspect of the whole thing was that “there is even no basis for interrogating if in truth the volume of products on which subsidy had been charged had actually even got to the consumers.”
We are not in charge of Subsidy – NNPC
But when contacted, the spokesperson of the NNPC, Garba-Deen Mohammad, told our correspondent that the issue of petrol subsidy was beyond the control of the oil firm.
He stated that with the advent of the Petroleum Industry Act, the matter of subsidy was outside the control of the NNPC but was a matter being handled by the Federal Government.
Garba-Deen said, “Subsidy is not under the control of the NNPC. The subsidy is now a PIA issue and it will be determined by the principles of the Petroleum Industry Act. Not by the NNPC.
“The NNPC is an operator now in the market, just like Shell or Chevron or like any other oil company. So I don’t know anything you are talking about.”
When probed further on whether petrol subsidy would be stopped, replied, “We are speaking the same thing, I say I don’t know. I have no idea, I am just an employee of the NNPC.”
Nigeria’s Debt Stock Hits N39.6tn In 11 Months – Reports
The overall debt stock of Nigeria increased from N32.9 trillion in December 2020 to N39.6 trillion in November 2021.
The Minister of Finance, Budget, and National Planning, Mrs. Zainab Ahmed, in her presentation of the 2022 approved budget, disclosed that the government borrowed N6.7tn between January and November 2021, according to a copy of the presentation obtained by our correspondent.
The new borrowing in the period under review consists of N5.1tn domestic debt and N1.6tn. The domestic debt, however, includes borrowing from the Central Bank of Nigeria, according to the presentation document.
In March 2021, the Debt Management Office had disclosed that the country’s total public debt stock was N32.9tn as of December 2020.
An additional N6.7tn loan means the total public debt stock would be about N39.6tn as of November 2021.
The DMO had disclosed that the country’s total public debt increased to N33.1tn at the end of the first quarter of 2021, from N32.9tn in December 2020, showing an increase of about 200bn.
In Q2 2021, the total debt stock rose by N2.4tn to N35.5tn by June 2021.
The increase continued by N2.5tn to hit N38tn by Q3 2021, which was the last figure provided by the DMO.
However, based on the minister’s presentation, there was an increase of N1.6tn from September to November 2021.
The PUNCH had reported that within the 11-month period, debt servicing gulped N4.2tn which represents 76.2 percent of the N5.51tn revenue generated during the period.
The minister defended government borrowing and the country’s debt level, insisting the country had a revenue challenge, and not a debt problem, adding that the debt level was still within sustainable limits.
She had said, “This is to restate, that the debt level of the Federal Government is still within sustainable limits. Borrowings are essentially for capital expenditure and human development as specified in Section 41(1) of the Fiscal Responsibility Act 2007.
“Having witnessed two economic recessions we have had to spend our way out of recession, which contributed significantly to the growth in the public debt. “It is unlikely that our recovery from each of the two recessions would have been as fast without the sustained government expenditure funded partly by debt.”
However, economic experts, including a former Deputy Governor of the Central Bank of Nigeria and former presidential candidate, Kingsley Moghalu, have countered the minister.
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