Connect with us


Justice John Tsoho of the Federal High Court, Abuja, on Tuesday, struck out a suit seeking the Central Bank of Nigeria (CBN) to disclose the cost of President Muhammadu Buhari’s medical bill in London.

Plaintiff in the suit was the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative (ASRADI) led by Adeolu Oyinlola, its executive director. Respondents were the CBN, its governor, and the Attorney General of the Federation (AGF).

Specifically, the plaintiff had instituted the suit seeking an order to compel the CBN and Godwin Emefiele, its governor, to provide information on the amount released for Buhari’s medical treatment in London.

Moreso, by the suit marked FHC/ABJ/CS/1142/2017, the plaintiff prayed the court to declare that the refusal of the respondents to provide the information requested in a letter dated October 19, 2017, “amounted to a wrongful denial of information and is a flagrant violation of the provisions of the Freedom of Information (FOI) Act 2011.”

Delivering judgement on the suit, Justice Tsoho held that the application for judicial review as against the action of the 1st respondent (CBN) and the 2nd respondent (CBN Governor) was “misconceived and misguided”.

The court observed from affidavit evidence and submissions by counsel in the matter that the crux of the case undoubtedly centred on cost of President Muhammad Buhari’s medical treatment abroad.

Justice Tsoho noted that sections 12, 14 and 15 of FOI Act provide exemptions to the request for information.

The court held that section 14(1b) of the FOI Act provides that subject to subsection 2, a public institution must deny application on information that contains personal information, personal files etc of appointees, political office holders etc.

It was the contention of the court that by virtue of Section 14(2) of the FOI Act, disclosure of information pertaining to political office holders must be with the consent of the person.

In this case, the judge held that Buhari is a political office holder and, therefore, information concerning his health must not be disclosed except with his consent.

In addition, the court observed that following the request by the applicant for information on Buhari’s health, the request, from deposition in the counter-affidavit of the 1st and 2nd respondents showed that the letter of request was forwarded to office of the Chief of Staff to President Buhari.

The transfer of the request letter was made in accordance with section 5(1) of the FOI Act.

Consequently, in line with Section 5(2) of the Act, the court stated that the forwarding of the request for information was deemed to have been properly made.

In view of this, the court held that the applicant’s request would have been channelled to office of the Chief of Staff to President Buhari.

The suit also sought an order directing the CBN to disclose the amount paid on behalf of the Nigerian government as fees for the parking of presidential aircraft and crew in the UK while the president’s treatment lasted.

While adopting his written address on April 17, Babafemi Durojaiye, counsel to the 1st and 2nd respondents, denied filing his processes out of time.

However, the judge found out that the processes were filed out of time by one day, and therefore relied on Order 34 of Federal High Court Civil Procedure Rules to accommodate the processes of the respondents.

Durojaiye had told the court that they were served on February 8, 2018 by the plaintiff’s counsel, and that they filed in their response same month.

Durojaiye argued that what the respondents reacted to in their counter-affidavit was the plaintiff’s process dated October 19, 2017 and not that of August 29, 2017 as claimed by the applicant.

He insisted that there was no difference between the applicant’s letters of August 29 and October 19.

In view of the above issues on dates, the court said “the dates were immaterial”.

In addition, it was Durojaiye’s contention that the applicant had breached the provision of Section 136 of the Evidence Act.

He posited that though President Buhari was out of the country for 103 days, the applicant did not show any evidence that the president’s aircraft was parked at the airport in the United Kingdom while President Buhari’s medical treatment lasted.

Claiming that there might have been some mistake somewhere, he insisted that what was sent to the Chief of Staff to the President was the letter of October 19, 2017.

Therefore, he urged the court to grant the applications of the 1st and 2nd respondents, seeking to vacate the order of the court made on December 13, 2017 and strike out the matter in its entirety.

In the same vein, L. A. Amegor, representing the Attorney General of the Federation, in his preliminary objection, urged the court to dismiss the applicant’s suit on the grounds that the suit was status-barred.

Amegor argued that the suit was initiated without due regard to the provisions of law.

He submitted that the applicant failed to disclose any cause of action against the 3rd respondent, and therefore urged the court to dismiss the suit or strike out the name of the AGF.

Chukwuwinke Okafor, ASRADI lawyer, had earlier urged the court to dismiss the notice of preliminary objection filed by the 3rd defendant (AGF).

His application was granted as the objection was dismissed, with the court stating that the suit was properly filed before it.

Reacting to the submission of the 1st and 2nd respondents that his letter had been forwarded to the office of the Chief of Staff to President Buhari for necessary action, the applicant told the court that the letter forwarded to the presidency was one dated August 29, 2017 and not the one before the court dated October 19.

Further, he stated that the processes filed by the 1st and 2nd respondents were filed out of time and since they did not seek the leave of the court to regularise the processes, they are incompetent and should be disregarded.

He therefore urged the court to strike out the processes of the 1st and 2nd respondents and grant the reliefs sought in the motion on notice.

BIG STORY

Bulk Fuel Buyers Dump Middlemen For Direct Dangote Supply

Published

on

Bulk fuel buyers and filling station operators across the country are abandoning intermediaries in favour of direct delivery from the Dangote Refinery, following the launch of its free logistics fuel distribution initiative.

This development was disclosed by the President of the National Association of Road Transport Owners (NARTO), Yusuf Othman, during a live interview on TVC News. Othman criticised the refinery’s free delivery system, saying it is undermining existing agreements between bulk fuel users and transporters affiliated with NARTO.

Othman explained that NARTO members operate approximately 30,000 trucks and cannot afford to provide fuel transportation services at no cost. He noted that many of the agreements—both formal and informal—entered into with clients are now being jeopardised.

According to him, many companies had entered into service agreements with NARTO members, some of which were used as collateral to secure bank loans for the purchase of delivery trucks. He lamented that those deals are now under threat, as Dangote Refinery offers free direct delivery to customers.

“Although there has been no formal notification, we have received credible information that customers are being supplied directly, in violation of existing contracts. This has sparked widespread concern among our members,” Othman said.

He called on the Federal Government and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to intervene, citing Section 212 of the Petroleum Industry Act (PIA), which he claims prohibits such practices.

Othman urged the Dangote Group to consider the broader implications for other stakeholders in the industry, stating that while the refinery’s success is desirable, it should not come at the expense of other operators’ survival.

When contacted for further comments on Sunday, Othman declined to speak further, revealing that a truce was being considered to allow room for ongoing negotiations.

Prior to this development, middlemen typically procured fuel from depots or refineries and resold to bulk consumers. However, Dangote’s direct-to-customer supply strategy has shifted that model, with buyers now opting for cost-saving direct delivery.

The Dangote Refinery officially commenced its free fuel logistics programme last Monday. The initiative includes the deployment of over 1,000 compressed natural gas (CNG)-powered trucks to distribute fuel across key states.

According to the Dangote Group, the first phase of distribution will cover Lagos, Ogun, Ondo, Oyo, Osun, Ekiti, Edo, Delta, Rivers, Kwara, and Abuja. Plans are underway to expand nationwide as more trucks are added to the fleet.

The new scheme also includes a reduction in pump prices. In Lagos and other South-West states, fuel will retail at N841 per litre, while in Abuja, Rivers, Delta, Edo, and Kwara, the price will be N851 per litre.

In a statement, Dangote Group confirmed that the first deployment phase includes the Federal Capital Territory, Lagos, Kwara, Delta, Edo, Rivers, and South-West states, with nationwide coverage planned as truck availability improves.

Independent Petroleum Marketers Association of Nigeria (IPMAN) President, Abubakar Shettima, confirmed on Friday that deliveries had already commenced. He said Dangote’s trucks were discharging fuel at no cost in several Western states.

Shettima stated that the scheme is operational in Lagos, Ogun, Ondo, and Oyo, adding that the proximity of these areas to the refinery has facilitated early rollout.

He added that marketers under IPMAN were pleased with the arrangement, and confirmed that his members have started receiving products under the free delivery initiative.

Speaking on the pricing, Shettima explained that fuel prices would drop from N865 to N841 per litre at the pump once the Dangote-supplied fuel reaches more stations.

Continue Reading

BIG STORY

Benjamin Kalu: Fear Of Hijack Won’t Stop Creation Of State Police

Published

on

Benjamin Kalu, deputy speaker of the House of Representatives, says concerns about hijack should not prevent the creation of state police.

The national assembly is currently amending the 1999 constitution with the state police bill among the key proposals under consideration.

President Bola Tinubu and several governors have backed the move, saying it would tackle the nation’s prolonged security issues like banditry, kidnappings, and other violent crimes.

“I am reviewing all the aspects of security; I have to create state police. We are looking at that holistically,” Tinubu said early this month.

However, analysts have raised concerns that governors could abuse state police by weaponizing them against the opposition.

‘IT’S FOR GREATER GOOD’

Speaking with journalists on Saturday in Abuja, Kalu, who chairs the House Committee on Constitutional Review, said the unbundling of the current police structure would improve the nation’s security.

“On the state police bill before the parliament, we are thinking about the response time of policing in Nigeria, which at the moment is below the global standard,” he said.

“The only way we can achieve this is if we unbundle it from how it is centralized, like other countries do: Municipal police, and state police.

“Just [as] the constitution is clear on what is on the concurrent and exclusive lists, certain subject matters will now be handled by the state and federal police, respectively.

“Let’s have this conversation on issues like this to know whether you want it or not, or should it be tailored in one way or another.

“There may be fears of hijacking it, but we cannot deny the majority of Nigerians the security of lives and property that we promised them as a government.

“So, we should look at the bigger picture. Everyone in Nigeria may not be a politician, but everyone needs the security of life and property.

“So, we are saying which one should we go for? The greater good or the fear of the minor threat? I think we should go for the greater good so that the good in the majority will suppress the threat in the minority.”

On demand for diaspora voting, Kalu warned that Nigeria must strengthen its local electoral system before allowing citizens to vote abroad.

“Rome was not built in a day. It will happen, but we must first put our house in order. If Nigerians say during constitutional amendment hearings that they want it, we will look at the possibility,” he said.

Continue Reading

BIG STORY

Over N2Trillion Siphoned In Fraudulent Fuel Subsidy Claims Under Jonathan —– Otedola

Published

on

Billionaire businessman, Mr Femi Otedola, yesterday said more than N2 trillion was siphoned in questionable fuel subsidy claims under the Goodluck Jonathan administration, narrating how he warned the ex-President about fraudulent oil marketers at the time.

In a statement on recent issues in the oil and gas sector, especially in the downstream, Otedola also congratulated Aliko Dangote, on the success achieved so far since his refinery commenced operations, describing it as a historic leap for Nigeria’s energy independence and economic future.

The philanthropist maintained that all these fraudulent subsidy claims were tied to depot licenses, noting that the policy rewarded neither transparency nor innovation, but encouraged rent-seeking and corruption.

“On subsidy, I personally warned President Goodluck Jonathan that he was being misled. The system was built to benefit depot owners, and DAPPMAN (Depot and Petroleum Products Marketers Association of Nigeria) members became the primary beneficiaries.

“Over N2 trillion was siphoned through questionable claims, all tied to depot licenses. The policy rewarded neither transparency nor innovation, it encouraged rent-seeking and corruption,” the business mogul stated.

But more importantly, he noted that credit must go to President Bola Tinubu for doing what no other leader before him had the political will to execute, which is the full deregulation of the downstream petroleum sector.

This singular act, he said, has broken the grip of entrenched interests and ushered in a new era of transparency, healthy competition, and customer-centric service delivery.

“In a sector long plagued by rent-seeking, subsidy fraud, product diversion, and smuggling, this reform marks a decisive break from the past and lays the foundation for a more efficient and accountable energy market. Yet despite this progress, there are still voices clinging to the old ways. Voices determined to resist change, even when it’s clear the tide has turned,” Otedola wrote.

Besides, having followed recent commentary around fuel supply issues, Otedola said that he felt compelled to provide some perspective, especially as it relates to the future of the country, pointing out that Nigeria remains threatened by entrenched cabals who still believe they can block the winds of reform.

Specifically, Otedola took on DAPPMAN, a group of oil marketers that has had a running battle with the Dangote Refinery in recent days on the ground of alleged plans by Dangote to monopolise the sector.

Otedola, going down memory lane, recalled that he founded DAPPMAN 23 years ago, specifically in 2002, with a clear mission to challenge the dominance of the major marketers and give independent depot owners a fair platform to thrive.

According to him, at the time, the association aimed to fill critical supply gaps left by an inefficient downstream system. However, he emphasised that since then, times have changed, with many of the original players having exited the scene, and those left, clinging to assets that no longer reflect today’s business realities.

“But history has shown time and again: you can delay change, frustrate it, even sabotage it but you can never stop it. I founded DAPPMAN in 2002 (23 years ago) with a clear mission, to challenge the dominance of the major marketers and give independent depot owners a fair platform to thrive.

“I personally structured the group, appointing the late George Enenmoh, then Managing Director of Ascon Oil, as Chairman, while I served as Vice Chairman and Sayyu Dantata as Secretary. At the time, depot ownership was strategic. We were filling critical supply gaps left by an inefficient system.

“But times have changed. Many of the original players have exited the scene, and those left are clinging to assets that no longer reflect today’s business realities . I advised some of them as far back as last year to sell their depots as scrap while they still had value. Nigeria now has over 4 million metric tons of storage capacity, most of it idle. With the Dangote Refinery now supplying fuel locally, the old business model is crumbling.

“Zenon Oil pioneered the modern diesel business in Nigeria and grew to become the largest supplier in the country. We built depots to store our imported diesel because the market was import-driven and riddled with inefficiencies. But with Dangote’s refinery fully operational, those gaps no longer exist.

“We now have domestic production and local supply efficient, reliable, and proudly Nigerian. Furthermore, we must not fail to recognise the attendant benefits of eliminating the grid lock around the Ibafon , Tincan and Apapa areas due to the operations of the Dangote Refinery,” Otedola argued.

Today, more than just producing fuel, Otedola noted that Aliko Dangote has elevated the entire logistics chain, purchasing 8,000 brand new CNG eco-friendly trucks that will distribute across the country with less pollution and fewer breakdowns, unlike the aging, rickety trucks still used by some operators.

He added: “I know this business intimately. I was king of it and at the peak of it in 2005 (20 years ago) , I was conferred with the life patron of the PTD (Petroleum Tanker Drivers) union by Mr Akinlaja. So, when I say the game has changed, I speak from deep experience.

“What is DAPPMAN fighting for today? To preserve a model built on fuel imports, subsidy exploitation, and outdated infrastructure? That era is fast disappearing. The setting up of depots was mainly to collect PFIs. No depots, no PFIs (Pro Forma Invoices) from NNPC who were sole suppliers of gasoline (petrol) at the time and which thus led to the breeding of complacent importers whose sole agenda was on arbitrage and subsidy margins.”

Since there are no more PFIs, the businessman argued that there is no reason why the Dangote Refinery should subsidise DAPPMAN with N1.5 trillion which they are asking Dangote Refinery to pay and subsequently pass this cost to consumers.

While saluting the courage of ‘my brother Aliko Dangote, like Amazon Incorporated’ in bringing about transformative change in the downstream sector, Otedola emphasised that the myth that depots generate massive employment was untrue.

“Depots do not drive employment as some claim. A typical depot employs perhaps five people, gatekeeper included. In contrast, a single filling station can provide jobs to dozens of Nigerians—from pump attendants to cashiers, security personnel, and cleaners.

“If anything, DAPPMAN members should be focusing on owning and scaling last-mile retail outlets, not holding on to tanks built for a fuel import economy that no longer serves us”, he stated.

Taking a cue from the global picture, the philanthropist pointed out that depots in Amsterdam or Houston were designed to serve export markets, especially Africa, but that with Nigeria now refining locally, such infrastructure is increasingly unnecessary.

“The same thing happened in the cement industry. Once Nigeria started producing cement locally, the bulk carriers that used to dock at our ports were retired, many sold as scrap. The same outcome awaits fuel depots,” he said.

If DAPPMAN members do not adapt, Otedola argued that they will not only become irrelevant, but that they may go bankrupt.

Instead of resisting progress, he urged them to consider selling, restructuring, or investing in new value chains, explaining that if they truly believe in competition, they could even come together and acquire the Port Harcourt Refinery and see if they can succeed where NNPC could not.

Even in developed markets, he stated that refinery operators are downsizing their depot footprint, with many converting them into bonded warehouses or exiting completely and mentioning the case of the Folawiyo Group, known for its foresight and integrity, which sold its depot and exited early. “That is strategic thinking,” he posited.

“DAPPMAN had its place but today, its relevance is fast fading. We must stop clinging to outdated privileges and focus on a new era built on self-sufficiency, transparency, and sustainable value creation. Aliko’s refinery is not the problem. It is the solution. Let’s move forward,” he stated.

Stressing that Africans are proud of Aliko Dangote, he said: “And yes, my dear brother Aliko, you can now go to Monaco and rest jejely like me. You’ve earned it.”

Continue Reading

Most Popular