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OML 11 and 39 others: Nigerian Lawyer wants Shell investigated over alledged fraud of $200 million

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The Principal partner of Abuja based law firm, ‘Beulah Law Partners’, Barr. Mela Oforibika has petitioned the Attorney General of the Federation and Minister of Justice, Abubakar Malami, the Economic and Financial Crimes Commission, (EFCC) to carry out a criminal investigation into the activities of Shell Petroleum Development Company Limited.

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In statement he personally signed and made available to CAPITAL POST in Abuja on Monday, the lawyer alledged that the oil giant connived with officials of Nigerian Petroleum Ministry to extend the lease terms of OML 11 and 39 other OMLs for the next 30 years that would see the Nigerian government losing $200 million, describing the situation as illegal and unlawful.

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Citing relevant sections of the Constitution, the insisted on immediate action to save the Nigerian State of wholesale corruption.

The statement said: “We write to institute a Criminal complaint against Shell Petroleum Development Company of Nigeria Limited, a foreign subsidiary of Royal Dutch Shell Plc which is involved in grand scale corruption against the Nigerian state and in breach of Articles 177 & 363 of the Dutch Criminal Code and bribery Act 2017 of United Kingdom.

“We demand for an urgent investigation into this criminal complaint and seek redress in line with all enabling law and international best practices.

“We are a law firm run by patriotic Nigerians with expertise in Oil and gas law, with zero tolerance for corruption, having been involved in several litigations regarding the unscrupulous and illegal practices of oil companies in Niger Delta and represent a Non-Governmental Organization called Citizens Enlightenment and Participation Forum (CEPAF).

“We deem it expedient to draw your attention to the monumental fraud and brazen illegality as regards the renewal of Oil Mining Leases in Nigeria especially by the Shell Petroleum Development Company of Nigeria Limited/NNPC Joint Venture.”

He further pointed out that some sections of the Petroleum Act, 1969 have been clearly breached, particularly that the lease terms cannot be more than twenty years.

“We have however noticed that rather than comply explicitly with the provisions of the Petroleum Act 1969 as “amended”, Shell petroleum Company of Nigeria Limited and its Joint Venture partners (SPDC/NNPC JV), have consistently and constantly defrauded the Federal Republic of Nigeria by acting contrary amongst others to the Provisions of Paragraph 10 of the First Schedule to the Petroleum Act which states as follows;

“The term of an Oil Lease shall not exceed twenty years but may be renewed in accordance with this Act”.

“It is therefore clear that the term for the grant of an Oil Mining Lease in Nigeria is twenty (20) years and no more.

It is therefore our submission that SPDC/NNPC JV corruptly influenced the Nigerian officials in the Ministry of Petroleum Resources to illegally and unlawfully breach the express provisions of Paragraph 10 of the First schedule to the Petroleum Act 1969b (As Amended) to gain additional Ten (10) years for each of renewal from 1959 to 1989 and Ten (10) extra years from 1989 to 2019.

“It is based on the foregoing that we write to request for a vigorous and in-depth investigation of the activities of Shell Petroleum depriving the Federal Government of Nigeria and the people of revenue from fees, rents and royalties of about $100,000,000.00 (One hundred Million US Dollars ) making a total of about $ 200,000,000.00 in lost/stolen revenue.

“We are prepared to give evidence whenever called upon in the course of your investigation and prosecution of the said companies and officials of the Netherlands”, the statement concluded.

But effort to have the media and public relations of Shell Petroleum react to CAPITAL POST’s inquiries did not yield result having made effort for two days.

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Reports of Justice Agim accompanying Wike to UNICAL convocation false, misleading Supreme Court

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The Supreme Court of Nigeria has denied that one of its justices, Justice Emmanuel Agim accompanies the Minister of the Federal Capital Territory to the convocation at the University of Calabar in the South South Nigeria.

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The denial came amid suspicion that Justice Agim who wrote a judgment of the Supreme Court in favour of the 27 lawmakers in Rivers State is close to Wike, hence, his presence around Wike has triggered speculations.

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Wike is the former governor of Rivers State and a current of the Federal Capital Territory (FCT) who controls lawmakers in Rivers.

In a statement issued on Monday by the Supreme Court’s Director of Information and Public Relations, Festus Akande, he refuted the claims, saying Agim attended the event on his own.

The statement described the rumour as misleading, insisting that Justice Agim attended the event as a honoree, urging Nigerians to disregard the social media lies.
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“Hon. Justice Agim attended the convocation as an esteemed honouree and an alumnus of the institution, who the Governing Council had found worthy to be conferred with an Honorary Doctorate Degree in Law (Doctor Honoris Causa),” the statement read.

“That Justice Agim was recognized for his significant contributions to the legal profession, which reflect his dedication to justice, integrity, and the rule of law.

Naija News reports that the statement highlighted that Justice Agim’s achievements serve as an inspiration for aspiring legal professionals and students alike.

The statement also addressed the claim that Justice Agim had attended the convocation ceremony in the company of Nyesom Wike.

It stressed that this was a false narrative, stating that Justice Agim’s attendance was independent of any government ministry or department and that he was not accompanying any government official.

“Any insinuation to the contrary is not only inaccurate but undermines the judicial independence that is crucial to our democracy,” the Supreme Court emphasized.

Additionally, the statement noted that Justice Agim had been scheduled to attend the burial ceremony of Hon. Justice Stanley Alagoa in Bayelsa State but had sought permission to attend the convocation ceremony instead.

In conclusion, the Supreme Court urged the media and the public to verify information through credible sources before dissemination.

“We encourage the public and media to verify information through credible sources before sharing or publishing to prevent the spread of misinformation,” the statement concluded.

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State of Emergency in Rivers: $5,000 shared to Reps as ‘Sallah gesture,’ not bribe – Hon. Betara

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Hon. Mukhtar Aliyu Betara

Member representing Biu/Bayo/Shania/Kwaya/Kusar Federal Constituency of Borno State, Hon. Mukhtar Aliyu Betara has disclosed that he shared $5,000 with members of his committee as a “Sallah gesture”.

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Betara who is the Reps Committee Chairman on FCT said the money was not a bribe to pass resolution declaring a state of emergency in Rivers as being insinuated.

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The was posted by a Nigerian investigative journalist, Jaafar Jaafar on his X handle.

Jaafar said Betara explained this to him after the lawmaker reached out to clarify that the $5,000 given to lawmakers was merely a “Sallah gesture” and not an inducement.

He quoted Batara to have said the gesture was a long standing g tradition and has nothing to do with the state of emergency I Rivers.

Jaafar wrote:

“The chairman of the House Committee on FCT, Mukhtar Aliyu Betara, has clarified to me that he only shared $5,000 with each member of his committee as a ‘Sallah gesture,’ not as an inducement to support emergency rule in Rivers State.

“According to him, he maintains the tradition—like Santa Claus—every year.

“As we say in Hausa, not thigh but hind leg.”

The clarification by Betara came amid strong speculations that Senators received $15,000 bribe to pass a resolution to sustain declaration of state of emergency rule in Rivers.

The bribe was reportedly shared on Tuesday before they voted on Wednesday.

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INEC holds crucial meeting to look into petition recalling Senator Natasha Akpoti-Uduaghan from Senate

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Senator Natasha Akpoti-Uduaghan representing Kogi Central Senatorial District

The Independent National Electoral Commission (INEC) has proceeded into a crucial meeting to study and look into a petition submitted to it by constituents of Kogi Central Senatorial District.

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CAPITAL POST gathered, it a top management meeting as it was claimed that over 250,000 constituents signed the petition out of 480,000 registered voters.

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The meeting was confirmed on Monday by the Acting
Director of Publicity, Esther Chibuikem, stating that the meeting held at a committee room at the INEC headquarters in Abuja.

It was also confirmed that the Secretary to the commission, Rose Oriaran-Anthony, on received the petition against Natasha on Monday.

The petition follwed the nod given by the Federal High Court sitting in Lokoja on Friday where the earlier judgement restraining INEC from accepting the petition was set asid3.

Last week, constituents from Kogi Central were said to have i initiated a recall of Senator Natasha Akpoti-Uduaghan representing Kogi Central Senatorial District, but some constituents claimed that they were d3ceived into exercise as they were told to gather with their voters card for 3 powerment.

However, the Court, in a judgement delivered in Lokoja, affirmed that the recall process is constitutionally valid and aligns with the civic rights of the constituents.

The court urged the constituents to continue exercising their rights in an orderly and peaceful manner.

The development was after the court on Thursday granted an interim injunction restraining INEC, its staff, agents, privies or assigns from receiving, accepting or acting on any petition containing signatures of members of Kogi Central Senatorial District.

As at press time, INEC hasn’t release information on the next action as signatures may have to be critically compared with its register to determine validity.

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