The Federal High Court in Abuja on Tuesday dismissed the Federal Competition and Consumer Protection Commission’s request to join the lawsuit filed by Dangote Petroleum Refinery seeking to stop the Nigerian National Petroleum Company Limited and oil marketers from importing refined petroleum products into the country.

Justice Inyang Ekwo dismissed the commission’s application while delivering a ruling in the suit, stating that the dispute could be effectively determined without the inclusion of the FCCPC.

Justice Ekwo specifically held that the FCCPC was not a relevant or necessary party and rejected its application.

Dangote Refinery, in the suit marked FHC/ABJ/CS/1324/2024, sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NNPCL, AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as 1st to 7th defendants.

The refinery prayed the court to nullify the import licences issued by NMDPRA to NNPCL and the five other companies for importing refined petroleum products.

It also sought a declaration that NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act by issuing licences to import petroleum products, arguing that such licences should only be issued in cases of a petroleum product shortfall.

Dangote Refinery asserted that it has the capacity to meet local petroleum need.

It further sought N100bn in damages against NMDPRA for allegedly continuing to issue import licenses to NNPCL and the other companies, among other reliefs.

The FCCPC, in a motion on notice, sought to be joined as a party in the suit.

In its application for joinder, the FCCPC argued that it needed to be joined in the suit as the aim of Dangote Refinery to monopolise the petroleum industry was contrary to the FCCPC’s mandate to ensure a free market.

“The main thrust of Dangote Refinery’s suit borders on anti-competition and monopoly in the petroleum industry,” the FCCPC argued.

The commission further claimed that it needed to be joined in the suit because any judgment entered by the court would affect its mandate.

Dangote Refinery, however, opposed the FCCPC’s application to join the suit, describing the commission as a meddlesome interloper that had no business in a case revolving around the Petroleum Industry Act, an Act of the National Assembly.

Dangote Refinery urged the court to reject the FCCPC’s application.

NNPCL, the second defendant in the suit, filed a preliminary objection contesting the refinery’s suit and the jurisdiction of the court to hear it.

NNPCL also argued that Dangote Refinery sued a non-existent party, as the entity mentioned in the suit as the second defendant, “NNPC,” does not exist.

NNPCL added that the Nigerian National Petroleum Company Limited, being its registered name with the Corporate Affairs Commission, is not the same entity as the second defendant mentioned in the plaintiff’s suit.

NNPCL urged the court to strike out its name from the suit and challenged the locus standi of the plaintiff to file the action, which it termed “premature.”

“The 2nd defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL argued.

In his ruling on Tuesday, Justice Ekwo dismissed both FCCPC’s request for joinder and the NNPCL’s application challenging the jurisdiction of the court to hear the suit.

Justice Ekwo held that NNPCL’s objection lacked merit and proceeded to dismiss it.

The court granted the plaintiff’s prayers to amend the suit to reflect the proper name of the NNPCL, which Justice Ekwo approved.

He proceeded to adjourn the matter to March 6 for further mention.

Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja, on Wednesday, dismissed an application filed by the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking the judge’s recusal from his trial.

In his ruling, Justice Oshodi stated that the allegations of bias raised by the defence were unsubstantiated and that there was no evidence to warrant his stepping down from the case.

The court maintained that judicial bias was insufficient to justify disqualification or recusal of a judge, as it must be personal or based on some judicial reasoning

Emefiele’s lead counsel, Olalekan Ojo (SAN), had asked Justice Oshodi to withdraw from the case, citing alleged bias, accusing the judge of allowing a leading question that the defence had previously objected to.

In response, the lawyer to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), argued that the proceedings had been conducted fairly and that the defence had failed to establish any factual basis for their claims of bias against the judge.

The former CBN boss was arraigned before the court by the EFCC alongside one Herry Omoile on allegations of accepting gratification, gifts through agents, corruption, and fraudulent property receipts.

The anti-graft agency also accused Emefiele of conferring corrupt advantage on his associates contrary to the Corrupt Practices Act 2000.

The defendants, however, pleaded not guilty to the charge.

In his ruling, Justice Oshodi noted that Ojo had made an oral application for the court to recuse itself due to alleged bias.

The judge clarified that the accusation stemmed from a ruling in which the court allowed a document, which the prosecutor had sought to admit as an exhibit, to be tendered for identification purposes.

The court later allowed the prosecution to question a witness (PW7) about the document, an electronic printout from the witness’s handset.

Considering various legal precedents on judicial bias, the judge concluded that bias is established only when a judge makes a personal comment on a matter—something the defence failed to demonstrate in this case.

He stated that to determine bias, there must be indications of a likelihood of partiality, and in this instance, no evidence of such bias had been presented.

“The allegations of bias have not been substantiated. Accordingly, the application of both the first and second defendants is refused,” the judge ruled.

Justice Oshodi also granted Emefiele’s request for permission to appeal the court’s decision made on January 8, which challenged the court’s jurisdiction to hear his case.

The case has been adjourned till May 26 for the continuation of the trial.

The Peoples Democratic Party, PDP, has lost one legislative seat in Abia State House of Assembly to rivals Labour Party, LP, following the defection of Dennis Rowland Chinwendu, the member representing Isiala Ngwa South constituency.

He joined the LP as was announced on the floor of Abia State House of Assembly on Tuesday, one week after he was suspended by his PDP Ward leaders for alleged anti-party activities, including endorsing Governor Alex Otti for a second tenure in office.

The legislator is from the same constituency as Governor Alex Otti, raising widespread speculation about protecting his political fortune in 2027.

When contacted by DAILY POST on the matter, the Publicity Secretary of the PDP in Abia State, Eric Ikwuagwu said his party was not aware that Chinwendu had joined the LP.

He maintained that the purported suspension of the Isiala Ngwa South representative by his Ward last week was masterminded by the Chinwendu himself to justify his planned defection.

A member of the House of Representatives, Amos Magaji has officially switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The Speaker of the House, Tajudeen Abbas, made the announcement of Magaji’s defection in a letter read on the floor of the lower legislative chamber on Tuesday.

Magaji, who represents the Zangon Kataf/Jaba federal constituency in Kaduna state, explained that his decision was driven by the ongoing crisis within the PDP, which he said had made it “impossible” to stay in the party.

In response, Kingsley Chinda, the minority leader, rejected the defection, insisting there was no crisis in the PDP.

Chinda also called on Speaker Abbas to declare Magaji’s seat vacant, referencing Section 68 of the 1999 Constitution, which stipulates the circumstances under which a lawmaker may lose their seat.

Abbas responded by advising Chinda to submit an official letter outlining his request.

Magaji’s defection adds to a growing trend, as several lawmakers have recently switched from the PDP and the Labour Party to the APC.

Notable defections include Chris Nkwonta of the PDP, who joined the APC on October 2, Sulaiman Abubakar, who switched on October 30, and four members from the Labour Party and one from the PDP who joined the APC on December 5.

Mrs Blessing, daughter of the Akwa Ibom State deputy governor, Dr. Akon Eyakenyi, has died.

LEADERSHIP gathered the deceased, who recently got married about seven months ago, died from complications arising from childbirth in a Port Harcourt, Rivers State hospital.

Condolences from government officials, politicians and friends have been pouring in for the bereaved family in their moment of grief.

Details Later…

Oyo State Governor, Seyi Makinde, has lost his elder brother, Sunday Makinde.

In a statement on Friday in Ibadan, the state capital, the Special Adviser on Media to the Governor, Sulaimon Olanrewaju, said the deceased died on Friday at the age of 65.

Olanrewaju said a brother of the deceased, who is also the Bada Olubadan of Ibadanland and Head of the Aigbofa Family of Oja’ba, Ibadan, Olumuyiwa Makinde, announced the death in a message.

“With a heavy heart, I announce the passage of my older brother, Engr Sunday Makinde, to eternal glory today, Friday 24th of January 2025.

“His sudden death occurred in his Ibadan residence at 3.20am today, Friday 24th January 2025.

“He is survived by siblings, among whom is the Executive Governor of Oyo state, His Excellency, Engr. Seyi Makinde, children and grandchildren,” the statement quoted Makinde as saying.

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Oyo State governor, Engr Seyi Makinde, has lost his older brother, Engr Sunday Makinde.

The 65-year Engr Sunday Makinde passed away in the wee hours of Friday, January 24, 2024.

Engineer Makinde’s demise was announced on Friday in a statement by another younger brother, Chief Olumuyiwa Makinde.

The younger Makinde, who is the Bada Olubadan of Ibadanland and Head of Aigbofa Family of Oja’ba in Ibadan: said, “With a heavy heart, I announce the passage of my older brother, Engr Sunday Makinde, to eternal glory today, Friday 24th of January 2025.

“His sudden death occurred in his Ibadan residence at 3.20am today, Friday 24th January 2025.

“He is survived by siblings, among whom is the Executive Governor of Oyo state, His Excellency, Engr. Seyi Makinde, children and grand children.”

The federal government’s import duty exemption scheme seems to be significantly impacting available revenue to the country as official figures of the Nigeria Customs Service show that the nation lost N1.68 trillion to the concessions granted to support various sectors of the economy in 2024 alone.

This is as the Customs Service says it collected a total sum of N6.1 trillion revenue in the same year-end 2024, surpassing its target of N5.079 trillion by N1.026 trillion, representing a 20.2 per cent increase above the target. The N6.1 trillion revenue achievement represents a significant 90.4 per cent increase from our 2023 collection of N3,206,583,002,675.65

Comptroller-General of the Nigeria Customs Adewale Adeniyi sees the N1.68 trillion lost to concessions as a drain on the funds that ought to be available to for the funding of government expenses, saying that government should find a way to reduce the amount to the granted or reduce the number of beneficiaries, Adeniyi said

He said the system should be automated from end to end to bring together all the stakeholders, including the Customs and Ministry of Finance. “I will want a system where Customs is consulted, carried along in the process so that we would have a say… I would advocate more involvement of Customs,” he stated. He added that the government should establish a monitoring mechanism to ascertain the impact of the concessions on the citizenry and the economy.

The concessions granted in 2024 comprised N723,000,081,776.68 in import duty waivers, N372.65 billion in other levy concessions, and N586.65 billion in import VAT relief. The concessions were granted to stimulate economic growth, support industrial development, and enhance the overall business environment in line with government policy objectives. However, the 2024 concession value represents a significant reduction from the N3.959 trillion recorded in 2023.

Addressing a media conference at the headquarters of the service on Tuesday, the CGC said the revenue growth “is historic as it marks the highest Year-on-Year increase recorded by the Service in recent times, surpassing the 52.24 per cent growth recorded in 2022 by 38.18 percentage points. Additionally, the Service achieved another milestone in October 2024 by recording the highest monthly collection ever of N603,171,859,991.97.”

Adeniyi said the sum of N3,657,063,981,445.42 was collected into the federation account, consisting of import duty, excise duty, fees, e-auction proceeds, and CET levy. Also, non-federation account levies account for a total of N816,902,844,844.73, with N1,631,348,717,199.35 of the total figure coming in from Value Added Tax (VAT) on imports.

Under its trade facilitation mandate, the CGC said the service processed imports with a Cost, Insurance, and Freight (CIF) value of N60.29 trillion in 2024, representing a remarkable 117.4 per cent increase from N27.74 trillion in 2023.

That was achieved through 1,262,988 import transactions, handling a total mass of 15.35 billion kilograms. The higher value recorded despite an 8.2 per cent decrease in transaction volume from the previous year’s 1,376,514 transactions indicates a shift towards higher-value goods in our import trade portfolio.

The total trade value handled by the Service in 2024 amounted to 196.94 trillion, compared to N70.50trn in 2023, representing a 179.3 per cent increase.

“Our export trade performance was equally impressive, with the total CIF value rising significantly to N136.65 trillion in 2024 from N42.77 trillion in 2023, marking a 219.5 per cent increase. While the number of export transactions remained relatively stable at 38,199 compared to 38,294 in 2023, we witnessed a substantial increase in export volume, processing 12.35 billion kilograms in 2024 compared to 3.70 billion kilograms in 2023,” he said yesterday.

CGC Adeniyi said the NCS adapted its strategies to the evolving security challenges at the boarders, resulting in the 3,555 seizures throughout the year, with a dramatic 100.92% increase in the Duty Paid Value (DPV) of seizures from ₦17.56 billion in 2023 to ₦35.29 billion in 2024.

He said the seizures, with a Cost, Insurance, and Freight (CIF) value of ₦28.46 billion and total duty of ₦6.83 billion, highlights the scale of attempted economic sabotage prevented by the service. According to him, the recorded seizures included traditional and emerging risks to Nigeria’s economic and overall national Security.

“Particularly noteworthy were the seizures of arms and ammunition, including 900 arms and 113,472 rounds of ammunition and the interception of narcotics and other illicit drugs, resulting in 105 seizures across various forms that was aided by the declaration of a state of emergency at our major entry points. The Service also intercepted unauthorized pharmaceutical products, with 40 seizures including 175,676 pieces and 6,271 cartons of various medicaments valued at ₦3.04 billion, protecting public health from potentially dangerous counterfeit drugs.

“The Service’s enforcement activities also revealed evolving patterns in environmental and wildlife crimes, with 76 seizures of animal/wildlife products valued at ₦5.93 billion. We also maintained vigilance over trade-sensitive goods, as evidenced by the seizure of 183,527 bags of rice.

“Significant seizures were made of other restricted items including 3,785 bales of textiles valued at ₦945.9 million, and various quantities of footwear, beverages, and other consumer goods, protecting local industries and supporting the government’s economic diversification agenda. The Service also recorded 397 seizures of vehicles valued at ₦5.64 billion, as we continue to enforce import regulations and protect government revenue,” he stated.

The Lagos State Special Offences Court, on Wednesday, dismissed an application filed by former governor of the Central Bank of Nigeria, Godwin Emefiele, challenging the court’s jurisdiction to entertain the  $4.5bn and N2.8bn fraud charges brought against him by the Economic and Financial Crimes Commission.

Justice Rahman Oshodi, in his ruling, held that the court had the jurisdiction to try Emefiele and his co-defendant, Henry Omoile.

The judge, however, struck out four of the 26 counts filed by the EFCC against the defendants for lack of jurisdiction.

Justice Oshodi explained: “Allocation of foreign exchange without reason is not defined as an offence under any written law. The objection to counts one to four succeeds and is hereby struck out.

“The objection challenging the court’s territorial jurisdiction over counts eight to 26 fails and is hereby dismissed.

“The prosecution has established sufficient territorial nexus in this case.”

The judge subsequently adjourned the case for trial continuation on February 24, 2025.

The EFCC had arraigned Emefiele on 26 charges, bordering on abuse of office and illegal allocation of $4.5bn and N2.8bn.

At the last adjourned date on December 12, 2024, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), argued that the court lacked jurisdiction to hear the case in Lagos.

Ojo contended that the alleged offences, including abuse of office, fell outside the territorial reach of the Lagos Special Offences Court.

He also argued that the charges violated Section 36(12) of the Nigerian constitution, asserting that the alleged offences were not legally recognised under Nigerian law.

Furthermore, Ojo emphasised that since the Lagos State House of Assembly does not have legislative authority over matters on the Exclusive Legislative List, Section 73 of the Criminal Law of Lagos State (2011), under which counts one to four were filed, cannot apply extraterritorially to the alleged abuse of office by Emefiele.

Ojo added that a court’s territorial jurisdiction is limited to the geographical area within which its authority can be exercised and urged the court to strike out counts one to four of the amended charges filed by the EFCC on April 4, 2024.

In response, EFCC counsel, Mr. Rotimi Oyedepo (SAN), argued that the court had the authority to hear the case.

Oyedepo contended that the alleged crimes were economic and financial in nature, falling within the EFCC’s jurisdiction.

He also maintained that substantial evidence supported Lagos as the appropriate venue for the trial.

According to Oyedepo, the subject matter of the charges clearly fell within the court’s jurisdiction since the offences were committed within its territorial reach.

He noted that evidence and witness testimonies pointed to Lagos as the proper location for the trial and argued that the objections raised by Emefiele’s legal team lacked factual or evidential support.

Following the arguments, Justice Oshodi initially adjourned the case to January 7, 2025, for a ruling on the application challenging the court’s jurisdiction.

However, the ruling was not ready on that date, prompting an adjournment to Wednesday, January 8, 2025.

The case has now been adjourned to February 24 and 26, 2025, for the continuation of trial.