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Malabu: Court Lifts Forfeiture Order on OPL 24

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  • Malabu: Court Lifts Forfeiture Order on OPL 24

A Federal High Court in Abuja has discharged its interim forfeiture order on the controversial Oil Prospecting Licence 245, an oil block at the centre of the $1.1bn Malabu oil scam.

Justice John Tsoho had on January 26, 2017 made the order temporarily forfeiting the OPL 245 to the Federal Government.

But the judge discharged the order of interim forfeiture in his ruling on separate applications by Shell Nigeria Exploration & Production Company Limited and Nigerian Agip Exploration Limited.

Both companies were in the possession of the licence for the oil block before the interim forfeiture order.

According to the judge, the order was wrongly made as the Chairman of the Economic and Financial Crimes Commission, in whose name the ex parte application was filed, failed to meet the pre-condition required before filing it.

Justice Tsoho ruled, “Therefore, by the case of Onagoruwa vs IGP, I hold respectively that the Chairman of EFCC failed to meet the pre-condition for making an application for interim attachment of property. The application is, therefore, irregular and the order granted ought to be discharged.

“Accordingly this court granted ex parte on January 26, 2017 on the application of the Chairman of the EFCC is hereby discharged or set aside.

“At this juncture, it is important to advise that with the setting aside of the ex parte order, proceedings in this matter have finally closed.”

He also ruled that with the order of interim forfeiture discharged, the matter initiated by the EFCC had been closed, adding that any other further dispute relating to the OPL 245 should be resolved through fresh actions.

“Those who have other grievances concerning OPL 245 should seek remedy by instituting separation actions as appropriate,” the judge ruled.

Meanwhile, in compliance with the advice of the court, Malabu after the ruling on Friday filed a suit with number FHC/ABJ/CS/20/2017 before the Federal High Court in Abuja, seeking among other prayers, an order restoring to it the “rights to exclusive possession of OPL 245”.

Malabu also wants the court to restrain the EFCC from continuing to treat the OPL 245 as proceed of crime, and also stop the anti-graft agency from interfering with its “right to explore and prospect for petroleum in the area of OPL 245”.

Defendants to the suit are the Federal Government of Nigeria, the Minister of Petroleum Resources, Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Limited, Nigerian Agip Exploration Company Limited, EFCC and the Minister of Petroleum in the late Gen. Sani Abacha’s regime, Chief Dan Etete.

The plaintiff, in its writ of summons, claimed that it was registered in 1998 and its subscribers/first directors “are Sani Mohammed, a son of the late military Head of State, Gen. Sani Abacha; Amafagh Kweku and Hindu Hassan, with 10 million, six million and four millions shares, respectively, making up the 20 million share capital of the company.

Malabu stated in its statement of claim accompanying the fresh suit, which it filed through its lawyer, Mr. J. A. Achimugu, that it was granted OPL 245 by the Minister of Petroleum Resources on April 29, 1998 and paid N50,000 as application fees, $10,000 as bid processing fees and part payment of deposit of $2,040,000 as signature bonus.

The OPL 245 was said to have been originally issued by the Federal Government to Malabu Oil and Gas Limited under shady circumstances before subsequent chain of transfers that ended with Shell and Agip through transactions, which the EFCC described as fraudulent.

The EFCC had on December 20, 2016 filed charges against some individuals, including the immediate past Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN), and Etete, as well as companies like Malabu Oil and Gas Limited in relation to the alleged $1.1bn scam.

Relying on the criminal charges earlier filed in December 2016, the EFCC, on January 26, 2017, sought and obtained an ex parte order from Justice Tsoho for interim forfeiture of the OPL 245 to the Federal Government pending further investigation and prosecution.

The EFCC had sought the order of interim forfeiture to subsist pending the completion of investigation and prosecution of some persons and corporate organisations, including Shell and Agip, for offences involving about $1.1bn relating to the transfer of the oil block.

The EFCC earlier this month instituted charges against Shell and Agip in regard to the scam.

In his ruling on Friday, Justice Tsoho agreed with the EFCC, represented by Mr. Johnson Ojogbane, that it was permissible and constitutional for the anti-graft agency to seek an order of interim forfeiture of the OPL 245, being a subject of criminal proceedings earlier instituted.

But the court agreed with the contentions of both Shell and Agip’s lawyers, Prof. Konyinsola Ajayi (SAN) and Mr. Babatunde Fagbohunlu (SAN), respectively that the ex parte application upon which the interim forfeiture order was sought and obtained was irregular.While arguing his client’s application on February 27, Ajayi had maintained that by virtue of sections 28 and 29 of the EFCC Act, the Chairman of the agency, in whose name the ex parte application was filed by the anti-graft agency, was not the proper person to institute the action.

According to him, sections 28 and 29 of the EFCC Act envisage that the ex parte application for interim forfeiture is filed in the name of the EFCC and not its chairman.Justice Tsoho dismissed the application by Malabu Oil and Gas Limited seeking the reopening of arguments on the applications by Agip and Shell.

The court described the application by Malabu as lawless and constituted an abuse of court process.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Peter Obi Advocates for Full Government Backing of Dangote’s $21bn Refinery Project

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Peter G. Obi

Peter Obi, a prominent Nigerian politician and public figure, has called for unwavering support for the Dangote Refinery amid recent conflicts between Dangote Industries and government agencies.

In a passionate appeal, Obi said the current disputes extend beyond political and personal differences, touching upon the broader interests of Nigeria’s economy and its future prosperity.

In his statement on X.com, Obi highlighted the refinery’s immense potential to drive economic growth and create employment opportunities.

With an estimated annual revenue potential of approximately $21 billion and the capacity to generate over 100,000 jobs, the Dangote Refinery represents a cornerstone of Nigeria’s industrial advancement and economic stabilization.

“The recent challenges faced by Dangote Industries should not overshadow the vital role this enterprise plays in our national economy,” Obi asserted.

“Alhaji Dangote’s contributions are monumental, and it is essential that we rally behind his ventures, particularly the refinery, which is set to make a significant impact on our fuel crisis and foreign exchange earnings.”

The refinery, with its strategic importance, stands as a beacon of hope for Nigeria’s fuel supply and overall economic development.

It is poised to address long-standing issues in the energy sector, provide substantial revenue streams, and enhance the country’s economic resilience. Given these benefits, Obi stressed that any actions hindering the refinery’s operation would be counterproductive.

Obi also commended Alhaji Dangote for his remarkable achievements across various sectors, including cement, sugar, salt, fertilizer, infrastructure, and more.

“Alhaji Dangote embodies patriotism and commitment to Nigeria’s growth. His extensive industrial activities are not only a testament to his entrepreneurial spirit but also a vital contribution to Nigeria’s economic landscape,” he added.

Despite the challenging business environment, Dangote’s diversified industrial investments demonstrate a commitment to Nigeria’s industrialization and job creation.

Obi urged the Federal Government and its agencies to offer full support to Dangote Industries, recognizing the broader economic benefits and the positive impact on national welfare.

“The success of Dangote Industries is intrinsically linked to the success of Nigeria and Africa as a whole. We cannot afford to let such a crucial enterprise falter,” Obi warned. “Every sensible and patriotic government should view enterprises like Dangote Industries as national treasures that deserve robust support and protection.”

Obi’s appeal underscores the critical need for collaboration between the government and private sector leaders to ensure the successful operation of key projects like the Dangote Refinery.

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Dangote Accuses NNPC and Oil Traders of Secret Operations in Malta

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Aliko Dangote, chairman of Dangote Industries Limited, has leveled serious allegations against personnel from the Nigerian National Petroleum Company (NNPC) Limited and certain oil traders.

Speaking at a session with the House of Representatives, Dangote claimed that these parties have established a blending plant in Malta, raising concerns about the integrity of Nigeria’s fuel supply.

Dangote described the blending plant as lacking refining capability, instead focusing on mixing re-refined oil with additives to produce lubricants.

“Some of the terminals, some of the NNPC people, and some traders have opened a blending plant somewhere off Malta,” he stated.

He emphasized that these activities are well-known within industry circles.

Addressing the drop in diesel prices, Dangote argued that locally produced diesel, with sulfur content levels of 650 to 700 parts per million (ppm), is superior to imported variants.

He linked numerous vehicle issues to what he described as “substandard” imported fuel.

He called for the House of Representatives to set up an independent committee to investigate fuel quality at filling stations.

“I urge you to take samples from filling stations and compare them with our production line to inform Nigerians accurately,” Dangote insisted.

The accusations come amid an ongoing dispute between the Dangote Refinery and the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).

Farouk Ahmed, NMDPRA’s chief executive, had previously claimed that local refineries, including Dangote’s, were producing inferior products compared to imports.

Also, the House of Representatives has initiated a probe into allegations that international oil companies are undermining the Dangote Refinery’s operations.

In response to the escalating tensions, Heineken Lokpobiri, the Minister of State for Petroleum Resources, intervened by meeting with key stakeholders including Dangote, Ahmed, and other top officials from the Nigerian petroleum regulatory bodies.

The discussions aimed to address claims of monopoly against Dangote, which he has strongly denied, and to ensure that all parties operate transparently and fairly.

This development highlights the complex dynamics within Nigeria’s oil industry. The allegations and subsequent investigations could impact market stability and investor confidence.

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Africa’s Richest Man, Aliko Dangote Ready to Sell Refinery to Nigerian Government

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Aliko Dangote, Africa’s wealthiest entrepreneur, has announced his willingness to sell his multibillion-dollar oil refinery to Nigeria’s state-owned energy company, NNPC Limited.

This decision comes amid a growing dispute with key partners and regulatory authorities.

The $19 billion refinery, which began operations last year, is a significant development for Nigeria, aiming to reduce the country’s reliance on imported fuel.

However, challenges in sourcing crude and ongoing disputes have hindered its full potential.

Dangote expressed frustration over allegations of monopolistic practices, stating that these accusations are unfounded.

“If they want to label me a monopolist, I am ready to let NNPC take over. It’s in the best interest of the country,” he said in a recent interview.

The refinery has faced difficulties with supply agreements, particularly with international crude producers demanding high premiums.

NNPC, initially a supportive partner, has delivered only a fraction of the crude needed since last year. This has forced Dangote to seek alternative suppliers from countries like Brazil and the US.

Despite the challenges, Dangote remains committed to contributing to Nigeria’s economy. “I’ve always believed in investing at home.

This refinery can resolve our fuel crisis,” he stated, urging other wealthy Nigerians to invest domestically rather than abroad.

Recently, the Nigerian Midstream and Downstream Petroleum Regulatory Authority accused Dangote’s refinery of producing substandard diesel.

In response, Dangote invited regulators and lawmakers to verify the quality of his products, which he claims surpass imported alternatives in purity.

Amidst these challenges, Dangote has halted plans to enter Nigeria’s steel industry, citing concerns over monopoly accusations.

“We need to focus on what’s best for the economy,” he explained, emphasizing the importance of fair competition and innovation.

As Nigeria navigates these complex issues, the potential sale of Dangote’s refinery to NNPC could reshape the nation’s energy landscape and secure its energy independence.

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