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FirstNation MD Files Preliminary Objection Against N1.7bn Theft Charge

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First Nation Airline
  • FirstNation MD Files Preliminary Objection Against N1.7bn Theft Charge

The Managing Director, FirstNation Airways, Mr. Kayode Odukoya, on Monday approached an Ikeja Special Offences Court to quash the N1.7bn theft charge against him and his airline by the Economic and Financial Crimes Commission.

Odukoya made the request in a notice of preliminary objection filed by his counsel, Mr. Olawale Akoni (SAN), before the court presided over by Justice Mojisola Dada.

The absence of a witness for the EFCC, however, stalled the process and the judge adjourned the matter till May 21, 2018 for hearing of the application.

The defendants had in the application dated April 30, 2018, and supported by an 11-paragraph affidavit deposed to by one Kerry Anakwenze, asked for an order striking out the information dated December 11, 2017, for want of jurisdiction.

The application read in part, “The grounds upon which this preliminary objection are brought are that: This honourable court lacks the jurisdiction and/or competence to entertain the information/charge No. ID/239C/2012 as presently constituted.

“The information/charge No. ID/239C/2012 contravenes the provisions of Sections 249, 252 and 77 of the Administration of Criminal Justice Law No. 10, 2011. Section 249 of the ACJL stipulates that prosecutorial authority before the High Court of Lagos State shall be exercised only in the name of ‘The State of Lagos’.

“The information/charge No. ID/239C/2012 filed against the applicants does not comply with Section 249 of the ACJL as stated above. This honourable court cannot countenance the information comprised in information/charge No. ID/239C/2012, as same is incompetent.”

The defendants said the charge, as presently filed by the EFCC, was an abuse of court process.

During Monday’s proceedings, the defendants’ counsel informed the court that the defence had filed a notice of preliminary objection, which had been served on the prosecution.

He also urged the court to give priority to the determination of the application challenging the jurisdiction of the court to entertain the charges against the defendants.

The EFCC counsel, Mrs. Zainab Etuh, confirmed that the prosecution had been served with the application but had yet to file its reply.

The EFCC had on March 16, 2018 arraigned Odukoya, alongside FirstNation Airways, and the parent organisation, Bellview Airlines, before Justice Dada on four counts bordering on forgery, use of forged documents, perjury and stealing of N1.7bn.

The court, however, granted a N10m bail to Odukoya, after he pleaded not guilty to the charges.

The EFCC had alleged that the accused forged the Memorandum of Loss of Lagos State Certificate of Occupancy registered as No. 33 at page 33, volume 1011 at the Lagos State Land Registry, Alausa, in order that the document could be acted upon as genuine.

The alleged forged document, according to the EFCC, was in respect of a property located at No. 29, Oduduwa Street, Ikeja GRA, Lagos.

Odukoya was also alleged to have used the false document and also gave false information on oath concerning the loss of the Certificate of Occupancy at the Lagos State Land Registry.

The EFCC alleged that Odukoya committed the offences of forgery, use of false document and perjury on March 21, 2013, and also stole and dishonestly converted to his own use N1.7bn belonging to Skye Bank on October 7, 2016.

According to the EFCC, the offences violate Sections 85, 86(1) 278 (1) (b), 285, 361 (1),(a) (b), 363 and 364 (1) of the Criminal Law of Lagos State 2011.

Odukoya, had in a statement made available to journalists a few weeks ago, denied the charges, describing them as bogus, without basis and targeted at impugning his and the other defendants’ integrity.

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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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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NNPC E&P Ltd and NOSL Begin Oil Production at OML 13, Akwa Ibom State

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NNPC Exploration and Production Limited (NNPC E&P Ltd) and Natural Oilfield Services Limited (NOSL) have commenced oil production at Oil Mining Lease 13 (OML 13) located in Akwa Ibom State.

The announcement came through a statement signed by Olufemi Soneye, the spokesperson of NNPC E&P Ltd, highlighting the collaborative effort between the flagship upstream subsidiary of the Nigerian National Petroleum Corporation (NNPC) and NOSL, a subsidiary of Sterling Oil Exploration & Energy Production Company Limited.

The production, which officially began on May 6, 2024, saw an initial output of 6,000 barrels of oil. The partners aim to ramp up production to 40,000 barrels per day by May 27, 2024, reflecting their commitment to enhancing Nigeria’s crude oil production capacity.

Soneye said the first oil flow from OML 13 shows the dedication of NNPC E&P Ltd and NOSL to drive growth and development in Nigeria’s oil and gas sector.

He stated, “The achievement does not only signify the culmination of rigorous planning and execution by the teams involved but also represents a new era of economic empowerment and development opportunities for the host communities.”

For Nigeria, the commencement of oil production at OML 13 holds immense significance. It contributes to the country’s efforts to increase its oil production capacity, essential for meeting domestic energy needs and driving economic growth.

Moreover, Soneye reiterated NNPC E&P Ltd and NOSL’s commitment to operating in a safe, environmentally responsible, and community-beneficial manner.

This partnership underscores their dedication to sustainable practices and fostering positive impacts in the local communities where they operate.

The commencement of oil production at OML 13 marks a pivotal moment in Nigeria’s oil and gas industry, signifying not only increased production capacity but also the collaborative efforts between industry players to drive growth and development in the nation’s vital energy sector.

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