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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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Dry Cleaners Set to Tap into $165 Billion Global Cleaning Industry

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The Fabric Professionals and Dry Cleaners Association of Nigeria (FPDA) is gearing up to host the “Clean Show Africa 2024” conference.

This conference aims to expose over 25,000 dry cleaners to the vast opportunities present in the global cleaning and hygiene industry, valued at a staggering $165 billion.

Scheduled to take place on May 28–29, 2024, in Lagos, the event is themed “Positioning Africa’s fabric and hygiene industry for excellence.”

It comes at a crucial time when Nigeria’s dry cleaning industry is experiencing steady growth, with projections indicating a 6.4% annual increase over the next decade.

According to Enibikun Adebayo, Chairman of FPDA, Nigeria’s dry cleaning industry was valued at $8.4 million in 2019.

However, this figure is expected to rise significantly, presenting a ripe opportunity for stakeholders to tap into.

Adebayo emphasized the importance of collaboration within the industry to fully leverage its potential.

“A year ago, we launched FPDA of Nigeria. We are also using the platform to educate our members to be better professionals,” stated Adebayo, highlighting the association’s commitment to enhancing professionalism and standards within the sector.

The conference will shine a spotlight on women in the dry cleaning business, recognizing their pivotal role in driving the industry forward. Reports have shown that dry cleaning businesses are often better managed by women, and the event aims to provide them with the necessary support and resources to thrive.

Ruth Okunnuga, Managing Director of Wasche Paint Nigeria, expressed the need to revolutionize Nigeria’s dry cleaning and laundry industry, emphasizing the lack of proper structure and investment.

She stressed the importance of data collection for effective planning and growth within the sector.

Joseph Oru, Managing Director of Zenith Exhibition, highlighted the conference’s objective of engaging the Federal Government to establish training institutions for dry cleaners. Such institutions would play a crucial role in equipping professionals with the skills and knowledge needed to meet global standards.

As Nigeria’s dry cleaning industry prepares to tap into the vast opportunities offered by the global cleaning market, the Clean Show Africa 2024 conference stands as a pivotal platform for collaboration, innovation, and growth within the sector.

With a focus on excellence and professionalism, stakeholders aim to position Nigeria as a key player in the dynamic and lucrative cleaning and hygiene industry.

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Nigeria-Taiwan Commerce Falls to $500m in 2023

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The Chief of Mission to the Taiwanese Government in Nigeria, Andy Liu, has said that the trade relations between Nigeria and Taiwan drop to $500 million in 2023 from $1 billion in 2021.

Liu made these comments during the 2024 Taiwan Business Forum held in Lagos.

According to Liu, Nigeria’s status as a net exporter of agricultural products, particularly sesame seeds has historically fueled the trade between the two nations.

However, the peak in trade experienced in 2021, buoyed by increased demand for Nigerian agricultural goods, notably declined in subsequent years.

“The highest peak of trade reached about $1 billion in 2021. It was the peak of COVID-19, with Nigerians enjoying surplus trading with Taiwan. We imported more of Nigeria’s agricultural products, such as sesame, aside from oil-related products. In 2021, we had a huge demand for agricultural products for our food processing industries,” Liu stated.

However, the trade dynamics shifted in the following years, leading to a significant decline in trade volume.

Liu attributed this decline to a normalization of demand following the peak in 2021, resulting in a reduction in trade value to $500 million by 2023.

Despite this decrease, Liu remained optimistic about the future trajectory of trade relations between the two countries.

“We might see some level of increase in the near future,” Liu enthused, highlighting Nigeria’s continued significance as a destination for Taiwanese businesses.

In addition to discussing trade volume, Liu addressed the issue of counterfeiting and piracy, which has affected Taiwanese products globally.

He said the Taiwanese government is working to combat this challenge by showcasing the quality of Taiwanese products and providing after-sale services.

“We have been having our delegates visit the world to prove that we are victims of piracy, but we are going to use the platform to show that we have good and quality products to let the world know who the true providers of these quality goods are,” Liu affirmed.

The President of Globe Industries Corporation, David Hwang, echoed concerns about counterfeit products, attributing the decline in profit margins to the influx of counterfeit goods from China.

Hwang emphasized the need for partnerships to address this issue and foster mutually beneficial trade relations.

Responding to the developments, the Director-General of the Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture (NACCIMA), Sola Obadimu, commended the Taiwanese focus on African businesses and the quality of their products.

He pledged NACCIMA’s continued collaboration with Taiwanese companies to drive business growth for both nations.

As Nigeria and Taiwan navigate the challenges posed by fluctuating trade volumes and counterfeit goods, stakeholders remain committed to fostering resilient and mutually beneficial economic ties.

The 2024 Taiwan Business Forum served as a platform for dialogue and collaboration, laying the groundwork for future cooperation between the two nations.

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Nigeria Advances Plans for Regional Maritime Development Bank

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Nigeria is making significant strides in bolstering its maritime sector with the advancement of plans for the establishment of a Regional Maritime Development Bank (RMDB).

This initiative, spearheaded by the Federal Government, is poised to inject vitality into the region’s maritime industry and stimulate economic growth across West and Central Africa.

The Director of the Maritime Safety and Security Department in the Ministry of Marine and Blue Economy, Babatunde Bombata, revealed the latest developments during a stakeholders meeting in Lagos organized by the ministry.

He said the RMDB would play a pivotal role in fostering robust maritime infrastructure, facilitating vessel acquisition, and promoting human capacity development, among other strategic objectives.

With an envisaged capital base of $1 billion, RMDB is set to become a pivotal financial institution in the region.

Nigeria, which will host the bank’s headquarters, is slated to have the highest share of 12 percent among the member states of the Maritime Organization of West and Central Africa (MOWCA).

This underscores Nigeria’s commitment to driving maritime excellence and fostering regional cooperation.

The bank’s establishment reflects a collaborative effort between the public and private sectors, with MOWCA states holding a 51 percent shareholding and institutional investors owning the remaining 49 percent.

This hybrid model ensures a balanced governance structure that prioritizes the interests of all stakeholders while fostering transparency and accountability.

In addition to providing vital funding for port infrastructure, vessel acquisition, and human capacity development, the RMDB will serve as a catalyst for indigenous shipowners, enabling them to access financing at favorable terms.

By empowering local stakeholders, the bank aims to stimulate economic activity, create employment opportunities, and enhance the competitiveness of the region’s maritime sector on the global stage.

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