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Court stops Shoprite from divesting assets over $10m judgment debt

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The planned exit from the Nigerian retail market by Shoprite, the South African retail giant has hit obstruction as a federal high court in Lagos has issued a restraining order against its plans to transfer shares and divest assets prior to exiting.

The order was necessitated by the need to stop the company from escaping a US$10 million liability from a court judgment debt the company is yet to offset.

The order was handed down by Justice Mohammed Liman in decision of a suit brought by the AIC Limited, which obtained a $10 million judgment against Shoprite in 2018 in a breach of contract.

The said judgment debt is from a decision of the Ikeja High Court that awarded $10 million in favour of the AIC  by Justice Lateef Lawal-Akapo of the Lagos State High Court in Ikeja.

An appeal by Shoprite against the judgment is still pending before the Supreme Corut after Shoprite lost at the Court of Appeal also.

The restraining order by Justice Liman holds that the “debtor/1st respondent (Shoprite), and its privies are stopped ‘from transferring, assigning, charging, disposing of its trademark, franchise and intellectual property in a manner that will alter, dissipate or remove these non-cash assets and other assets, including but not limited to trade receivables, trade payables, payment for purchase of merchandise, from within the jurisdiction of this honourable court.’

The judge equally ordered Retail Supermarket Nigeria, the 2nd respondent, ‘to disclose its audited financial statements for the years ending 2018 and 2019 to enable the judgment creditor/applicant determine the judgment debtor’s/respondent’s funds in its custody in order to preserve same in satisfaction of the judgment of the Court of Appeal in Appeal No: CA/L/288/2018.’

The applicant company, AIC had told the court that it invited the South African retail supermarket operators to Nigeria and brought them in awareness of business opportunities in the country with the intention that they would go into a joint venture.

But after talks had reached an advanced stage and it had incorporated AIC-Shoprite Nigeria Limited in the hope of a joint venture for establishment, Shoprite abandoned the agreement and went ahead to set up its outfit in 2005 without its consent.

Though Shoprite claimed it had no contract with the Nigerian firm, the high court and the Court of Appeal said the series of correspondences that were exchanged between both parties showed that AIC Limited and Shoprite agreed to a joint venture.

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State Theft, Cronyism and Civil Right Violations: Inside the Hidden Horrors of the CAMA 2020 Bill

Estimated Reading Time: 7

Imagine you woke up from a bad dream yesterday, only to find out that you are in another bad dream today. Then you wake up from it tomorrow, only to find yourself in another bad dream, which gives way to yet another nightmare and so on in that manner, like an everlasting set of Russian dolls. No matter how varied the subjects of the nightmares are, they always end with the same conclusion – the Nigerian government wants to take away all economic and civil rights by hook or crook. This is one way of describing what an examination of the recently ratified Companies and Allied Matter Act 2020 reads like.

Here we go again.

Over the past year, NewsWireNGR has published at least four separate deep dives into new and proposed laws and regulations put forward under the Buhari administration, that all pursue the same holy trinity of legislative and regulatory agenda – attacking freedom of speech and the civil space, abrogating property rights and economic prospects and instituting regulators, offices and bodies that exist above the jurisdiction of the court system.

This bill, which is supposed to be a harmless bill about ease of doing business follows the exact same playbook, with the added bonus of now being the law following the President Muhammadu Buhari’s signature on August 7.

Over the course of its 870 sections spread out over 604 pages, the bill has at least four clauses containing these anti-democratic policy directions strategically hidden in plain sight.

Among other things, it empowers the government to forcefully take over civil society organisations at will and expropriate their property. It also contains an unbelievable clause that expressly names a private business belonging to an All Progressives Congress (APC) member, effectively giving state backing to the revenue-generating activity of a politically-connected private entity. 

It then criminalises freelancers alongside the entire Nigerian grey economy in an audacious regulatory power grab that opens the door to Nigerian citizens having their money seized from their bank accounts at the whim of the Nigerian State. Finally it contains a clause that is as comically unconstitutional as it is brazenly anti-democratic, purportedly preventing any individual or organisation from taking legal action against it unless it gives them permission to. This is the inside scoop on CAMA 2020, the Buhari administration’s latest successful attempt to smuggle 1984 into 2020.

CAMA 2020: NGO Bill in Disguise

In 2019, one of the bills that NewsWireNGR delved into was the ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organizations Regulatory Commission For The Supervision, Co-ordination And Monitoring Of Non Governmental Organizations,’ popularly known as the ‘NGO Bill’. Originally introduced into the House of Representatives in 2016, it generated a huge uproar and was eventually put on ice when it became politically impossible to force it through. The provision of the bill that caused the loudest uproar was the proposed ability of the government to direct or even take over the activities of NGOs and civil society organisations (CSO).

Without raising as much as a whimper however, CAMA 2020 has got this very provision of the NGO Bill passed into law. According to Section 839 of the bill, the government now has the power to remove the management of any such organisation and replace it with whoever it wants based on nothing more than what side of the bed it wakes up on.

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The highlighted sub-clause (iii.) can be explained in plain English as follows: “The commission may remove and replace the trustees of a CSO if it determines that it is in “the public interest” to do so – in its sole opinion and based on criteria nobody else has access to.” In other words, the Buhari Administration or any of its successors can now legally take over Amnesty Nigeria, SERAP or any similar organisations it has previously antagonised openly, if their definition of “public interest” means “the government must not be embarrassed.”

Legislative Cronyism Hiding in Plain Sight

Section 704 looks like a boring, bog-standard section about company law and the process of liquidation and insolvency practise. A closer look however reveals something very unusual that meets all the criteria for what can be described as “corruption.”

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The Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) is expressly named as the preferred government-recognised body which insolvency practitioners must be registered with in order to practise.

The problem with this is that BRIPAN is not in fact a government-recognised professional body like the Institute of Chartered Accountants of Nigeria (ICAN), which was established Act of Parliament No 15 of 1965. BRIPAN, it turns out, is a private company limited by guarantee registered in 1994 as a non-profit association.

It also carries out revenue-generation activities including sale of membership forms and organising membership trainings and Fellow workshops for N90,000 and N250,000 respectively.

What this means is that someone somehow got their private revenue-generation activities written into law and effectively mandated as a pre-condition for Insolvency practise in Nigeria, as though their private company were a government-affiliated institution. A peek behind the veil to see who this super-connected individual behind BRIPAN is revealed this:

Once a member of President Olusegun Obasanjo’s Vision 2020 Steering Committee, Abiodun Ismail Saka-Layonu is a Senior Advocate of Nigeria (SAN) with over 38 years of experience as a lawyer. He also sits on the board of Stabilini Visinoni, a civil engineering company, and Bi-Courtney Limited, the embattled concessionaire of MM2 Airport and the Lagos – Ibadan expressway. Layonu is a card carrying member of the ruling All Progressives Congress (APC) and he took part in the 2018 Osun State gubernatorial race alongside eventual winner Gboyega Oyetola.

In other words, CAMA 2020 has taken the private business of a ruling party member and written it into law, effectively forcing anybody who wishes to become an insolvency practitioner in Nigeria to pay money to said party member’s “non-profit organisation.”

Criminalising the Informal Sector – 21,000,000 Nigerians are now Criminals

According to the Bank of Industry, Nigeria’s informal sector contributes up to 65 percent of the country’s GDP. This sector is generally made up of rural small scale farmers, urban small scale retailers, artisans and freelancers. The idea of a Nigerian government in its current situation attempting to criminalise 65 percent of the country’s economy with a stroke of a legislative pen would ordinarily be seen as somewhere between horrifying and hilarious, because it is both profoundly unwise and utterly unenforceable. Yet this is precisely what CAMA 2020 does with this clause in section 863.

As terrible as the idea of introducing potentially unenforceable legislation is, the real trouble perhaps exists because of how unenforceable it is. Specific figures from Nigeria are unavailable, but Sub-Saharan estimates put the informal sector’s share of people in employment at anything from 72 percent to 90 percent. If we conservatively extrapolate that 72 percent of working Nigerians are informally employed, and we conservatively estimate that half (36 percent) are the sole proprietors and partners described in this clause, this means that at least 36 percent of Nigeria’s 58,527,277 people currently in any kind of employment – 21,069,819 Nigerians – are now apparently committing a crime by running a private business or income-generating activity outside of the government’s control.

The ugly danger inherent in this wide criminalisation of the very backbone of Nigeria’s economy can be inferred from the specific line of the clause underlined below:

“A fine prescribed in the Commission’s regulations from time to time.”

In other words, the government is now legally empowered to impose any fine at all it wants on at least 21 million Nigerians at any point in time. Social media content creators, freelance programmers and writers, itinerant musicians, roadside hawkers – nobody is spared. By classifying all unregistered economic activity as illegal, the door has also been opened to arbitrary garnishing or expropriation of private bank accounts of any individuals criminalised by this law using their readily-accessible Bank Verification Number (BVN) information.

The CAC is Now Above the Law – Literally

Finally and most concerningly, the new law contains a clause that was also observed in the Social Media Bill, Hate Speech Bill, NCDC Bill and the recent 6th NBC Code amendment – a clause to place a Nigerian government organisation outside or above the constitutionally mandated jurisdiction of the Nigerian court system. In the case of the Social Media and Hate Speech bills, the legislation was to the effect that legal action cannot be brought against the relevant ministry, but rather an unelected bureaucrat at the ministry who has no legal jurisdiction to hear legal appeals would make all final decisions. The CAMA 2020 iteration of this unconstitutional clause is less in-your-face, but no less obnoxious.

According to the clause, the jurisdiction of the Nigerian court system to hear a legal complaint is somehow subjugated to the CAC’s unilateral directive to allow it 30 days to prepare for a lawsuit before it is filed. In other words, if any individual or organisation is affected by any of the afore-mentioned clauses, their constitutional right to immediately seek legal redress is somehow suspended and they must notify the CAC in writing of their intention to sue, their name, their home address and their desired reliefs, and then wait 30 dayspresumably for the CAC to pay them a nice home visit to share tea and cookies.

Bonus Clause: All Foreign Companies Must Register. Except Chinese Ones.

You can read the full text of the CAMA 2020 bill here.

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‘How to Use SWOT Analysis: Gain Competitive Edge in Business, Career, and Everywhere.’

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In 2017, I wrote a piece titled ‘How to Use SWOT Analysis to Reposition Your Legal Career and Succeed’. At a time I was just a few months into founding a law business of my own, I was eager to share with both present and future lawyers the process I have had to undergo to practically transit from the old legal economy to the new legal economy–a new legal economy which Covid-19 appears to have significantly accelerated. That piece has since become a tool to many.

Based on popular demand from within and outside my connection and beyond the legal industry, today Sunday 16 August 2020, I’ll be speaking briefly on a similar topic ‘How to Use SWOT Analysis: Gain Competitive Edge in Business, Career, and Everywhere’.

I invite everyone to participate, especially young people looking to reposition themselves in the future that is NOW. Please feel free to invite anyone. The program is not only for lawyers and law students but everyone. The virtual venue is BuidLBlocks’ Telegram group. It starts 6pm.

23 Years Old UNICAL Law Student Makes List of Top 10 Under-30 in the African Space Industry

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The nominees who are young Space innovators, engineers, entrepreneurs, teachers and enthusiasts were selected from over 100 entries and 31 unique nominations from 13 African countries through a meticulous vetting process and grading by a team of five distinguished Judges drawn from five African countries. The Judges are respected professionals across private and public institutions, with vast experience and understanding of the African space industry.

Nelly Ebruka an elected prospective member of the international institute of space law is  a final year law student of the University of calabar, Nigeria with interest in space law and regulation. She was the pioneer President of the International Law student Association (ILSA), University of Calabar.

Nelly also served as the founding chairperson of the University’s space law club and organised local space law moots for students amongst other fields of international law. She was the Team Leader for the university of Calabar representatives at the 8th Regional rounds of the Manfred Lachs Space law Competition, held in Pretoria. The team won the competition with Nelly meriting the award of best orator for the rounds.They further represented Africa at the global finals of the competition and ended as first runner-up of the competition.

In 2020, she coached the University of Calabar team to emerge as runners up for the 9th regional rounds of the competition that was judged solely by written submissions. Her passion for space inspired her to co-found the Learnspace foundation, a non-governmental organization dedicated to promoting space education and awareness in Nigeria and Africa at large. Nelly attended and presented a paper at the last African Space leadership conference that was held in December last year in Addis Ababa, Ethiopia as a Scholarship Awardee of the African Union and was a member of the African space youth Forum for the conference.

Currently, she is a member of the Spacehub Team, an organisation that is building the African space ecosystem and provides a platform for Africans to get involved in space. Always willing to learn more and collaborate,she is a mentee under the UN space for Women mentorship program and also an enthusiastic volunteer of the space generation advisory council.

dnllegalandstyle

Again, DSS Invites Ex-CBN Deputy Gov, Mailafia For Questioning

By Augustine Akhilomen

Former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, says he has been re-invited by the Department of State Services (DSS).

Recall that last week Thursday, Mailafia was invited and released by DSS after he was grilled over some allegations he made on the security situation in the country.

Mailafia had revealed on a radio station that repentant Boko Haram insurgents told him and some leaders that a serving northern governor was a commander of the terrorist group that has held North-East geopolitical zone on the jugular since 2009.

However, his second invitation by the security agency was confirmed via a WhatsApp message.

Obadiah said he is standing with former House of Representatives Speaker, Alhaji Ghali Umar Na’Abba, who will also appear before DSS, today(Monday).

“We stand firmly with Comrade the Rt. Hon. Ghali Na’bba. Solidarity forever!

“Comrades kindly be notified that the Men in Black have invited me for a ‘chat’ yet again. I’m to appear before them at the Jos Command HQ of DSS at 12.00 noon today Monday. Solidarity forever!”

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Nigerians demand retaliation as Ghana imposes N450m levy on Nigerian traders

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The video footage of a Nigerian man whose shop was locked up for not paying a $1 million, N450 million, permit has generated controversy among Nigerians.

In the viral video, a Nigerian man whose identity was not disclosed was heard telling Ghanaian Task Force officials that he has paid all his permits and that his business is duly registered in Ghana but his plea fell on deaf ears as the officials went ahead to lock up his shop.

It is alleged that the officials had asked Nigerian traders in Ghana to pay $1 million, the Naira equivalent of N450 million each before they would be allowed to trade in the country.

Many Nigerians asked that the Nigerian government retaliates and also sanction Ghanaian businesses in Nigerian to serve as a deterrent.

According to them, what Ghana is doing is against the ECOWAS Chatter on free trade and movement of persons within the West African region.

Ovation magazine publisher, Dele Momodu lambasted the Ghanaians saying it is against African unity.

“Just imagine the uproar that would have followed if what’s happening in Ghana right now happened in the US… I’m so sad and repulsed watching these videos. As a good student of the teachings of THE OSAGYEFO DR KWAME NKRUMAH, in AFRICA MUST UNITE, I’m just speechless,” Momodu said.

Others said it is a ploy to ask Nigerians to leave Ghana as a retaliation for what Nigeria did to them in the 80s.

But speaking on the incident on a Ghanaian radio station, Starrfm, the Head of Communications, Ministry of Trade, Prince Boakye Boateng, said the Nigerian traders had failed to honour an ultimatum to meet the requirements.

He said, “It cannot be we’ve been insensitive; if that is what they’re saying, I’ll be disappointed because I’ll rather say they have rather been unfair to us as a regulatory body because we have given them more time than enough to the extent even the Ghanaians thought that the ministry was not even on their side or the ministry wasn’t ready to even enforce the law.”

He recalled that the shops were locked last December and later re-opened following the intervention of President Nana Akufo-Ado.

According to him, the traders complied but have not regularised their documents for verification.

Last month the Nigerian Embassy quarters under construction was demolished by Ghanaians who said it was an encroachment on their land. The Ghanaian government has since apologised for the demolition.

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NCC Pledges to Deepen Telecom Consumer Rights Advocacy Groups

By Seun Adams

The Nigerian Communications Commission (NCC) on Sunday reiterated that in spite of the threat posed by COVID-19 pandemic,

the Commission is committed to tackling consumer-centric matters in the telecommunication eco-system.

To address overarching consumer challenges in the sector, NCC’s Director of Public Affairs, Dr. Ikechukwu Adinde, said the Commission successfully hosted the second quarter meeting of Industry Consumer Advisory Forum (ICAF) at it’s Head Office in Abuja.

 At the meeting, NCC reiterated its pledge to increase its partnership with consumer rights advocacy groups in the sector to expand the sphere of consumer education through timely, accurate and adequate information sharing to enhance the level of education of the average telecom consumer.

Dr. Adinde, said the Executive Vice Chairman and Chief Executive (EVC) of the Commission, Prof. Umar Danbatta, who spoke through the Director, Consumer Affairs Bureau (CAB), Mr. Efosa Idehen, said the Commission is working to ensure that continuous and informed conversations take place among all stakeholders in the industry on all matters, particularly as it affects telecom consumers, who are the lifeblood of the sector.

He said: “The just-concluded virtual meeting of ICAF speaks to NCC’s commitment to give full expression to the metaphorical saying: ‘thinking beyond the box’, to get the work done in the face of challenging circumstances, such as the restrictions resulting from the outbreak of COVID-19. We are, therefore, committed to partner ICAF and other stakeholders in the telecom industry to stimulate value-adding conversations that will generate ideas to sustain and advance the relevance of telecommunications as a critical enabler of the digital economy,” Danbatta declared at a brief in-house evaluative session on the ICAF meeting.”

As a testimony to NCC’s readiness to work harmoniously with other stakeholders in the industry, the Commission, in collaboration with ICAF, is finalising the production of Telecom Consumer Handbook, in order to deepen consumer education about telecom products and services.

The EVC explained that issues affecting differently-abled people featured prominently at the meeting and promised that such matters will continue to be on the priority list of the Commission.

The differently-abled people are those, hitherto referred to as ‘the physically-challenged’. A representative of the group informed the meeting that the United Nations had passed a resolution that the persons in that category be addressed as “differently-abled people.”

The forum urged the Commission to sustain the administrative advocacy on obtaining Executive Order, as well as the legislative process to ensure the passage of the Critical National Infrastructure Protection Bill by the National Assembly.

After NASS Said “They Are Too Big To Drive Made In Nigeria Cars”, I Received Order For $4.7m Cars From S/Leone — Innoson

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The founder of Nigeria leading automobile company, Chief Innocent Chukwuma, the Chairman/Chief Executive Officer of Innoson Vehicles Manufacturing (IVM), has debunked assertions that his company only assembles but does not manufacture vehicles.

“Let me use this opportunity to say this once again; Innoson does not assemble vehicles, we manufacture. We build 100 percent vehicle body here and over 60 percent of the products used in manufacturing the vehicle are gotten from Nigeria.

“We make all the carcass of all our vehicles here. We only import some engines and electrical components but produce all the plastic parts here. We have produced many new vehicles according to the demands of our customers and what they need those vehicles for. Even if they need what we do not have, we make the mould and produce their request and to specifications. That is why we are a vehicle manufacturing company, not assembling company.” He said.

Furthermore, he noted that the Federal Government is trying its best with a view to assisting the manufacturing sector but the policies being made are devoid of implementations.

“The Federal Government is doing everything possible to support the manufacturing sector with good policies, but the problem lies in the implementation. They have done enough in terms of policies to support local content but, like I said, implementation is the problem. So, I won’t say that government is not helping. They are doing their best. If you look at the policies, they are favourable.”

However, he noted that the National Assembly Law Makers rejected his vehicles because it was a made in Nigeria product.

“Didn’t you see what happened at the National Assembly recently? They decided to buy Toyota cars made in Japan, that they are too big to drive made in Nigeria cars. Didn’t you hear it in the news?”

Meanwhile, he noted that as it were, he has received orders from another African country.

“As of now, I have order of about $4.7million worth of vehicles from Sierra Leone. That’s what I’m producing now for Sierra Leone government. Normally, I do get order and supply from within and outside the country.”

In addition, he lauded the effort of the Governor of Imo State, Hope Uzodinma amongst the South-East Governors, stating the he is a leading light in the promotion of made in Nigeria products.

“However, if all the South-East governors are like that of Imo, then, we don’t have problems. The present governor is number one in implementing the local content. He deserves an award for that. Go to Imo, all the vehicles they are using are made in Nigeria. So Imo has got somebody in the governor who knows what’s good to do and we appreciate him for that.” He said.

Furthermore, he noted that the driving force of his successes is due to his ability to bring up new business ideas different from what others know.

“This is because when you go into any business, you have to put your own ideas in it and when you do, the difference will be clear and you can make more money than others. You can also drop the business when you think there isn’t much interest in it again. So, to succeed in any business, don’t follow the crowd, always bring your own initiatives. With that, you will be able to make profits.

“That has been my driving force, always looking for new ideas that are different from what everybody knows. For example, when you are into a particular business and it is no longer as lucrative and profitable as it used to because many people have ventured into it, you can leave the business for those people who lack ideas and go into a new business. This is because, as they are coming into the business, the profit margin will continue to diminish. So you leave it for them and find another fresh business idea to develop.”

“I started trading in motorcycle parts with my brother. I started by buying from companies like Leventis that were importing the parts then. From there, I started importing myself. Later, I developed a complete motorcycle and not just the parts. I was the first person to develop complete motorcycle in Nigeria.

“Because of my experience in the spare parts business, I found out that to bring motorcycle parts and couple them here in Nigeria was cheaper than bringing them as a complete motorcycle. So I decided to give it a try and it worked. I brought my own in parts and hired local mechanics to assemble and couple them. With this, my own cost was 40 percent cheaper. So, while others were selling at N150, 000, I was selling at N80, 000. Then, the cost of second hand motorcycle was N90, 000. People who used to buy second hand motorcycle decided to be buying my own since it was brand new and cheaper.

“That’s how I benched my competitors who were selling at N150, 000. So, they had no choice than to adopt my strategy in importing their motorcycles. When they started copying my method, I veered into local production of plastic components of motorcycle parts so that I could be bringing only the iron components from abroad.

“This also helped in bringing the price of my motorcycle down to N60, 000 which has been my aim from the onset. My competitors also discovered that it was better for them to buy plastic components from my company than bringing it from abroad. So, they started buying plastic components from me. With that, I left the motorcycle business for them.” He said.

Meanwhile, he noted that he decided to venture into manufacturing vehicles as a result of people who have already ventured into the business of motorcycles and after a study of all the variables why others have failed in that enterprise.

“After some time, I decided to do what I did in motorcycle in vehicle. So, that’s what I’m doing today. I ventured into vehicle manufacturing immediately I became weak on motorcycle. I changed my focus to vehicle. I studied about vehicle production for about seven years before I could start. When I was building this factory, all my good friends and everybody I knew were asking me why did I venture into the business?

“They said all the people who ventured into it in Nigeria failed. I told them to check all the businesses I have done, that none has failed. Before I entered into vehicle manufacturing, I have seen why others failed. And I told them that I would remove that which made others to fail and I did. That’s why I started by manufacturing and not by assembling. The people who failed started by assembling vehicles in Nigeria. And in that case, if anything happened to the parent company, the assembling plant here would lose because foreigners are not interested in building anything here.

“They are coming to Africa to make profit and not lose, they want to make as much profits as possible and go. They are not interested to build us.

“So, to avoid the pitfalls of others, I went and studied where we had problems and I paid for professionals, expatriates who came here and trained my people. I brought them to Nigeria, about 60 of them, in the first year we started this factory. Some of them finished under one year and left by the second year, I had about 42 and in the third year, I had about 15. Today, I have only eight.” He said.

In another development, he noted that there is an effort in place to open a factory in Imo State.

“I’m going to open a new factory in Imo in partnership with foreign companies. I believe the partnership will help us to develop motor manufacturing on a bigger scale in Nigeria.”

Meanwhile, he reacted to the reason why the factory is not set up in the commercial city of Lagos, noting that Lagos is a very busy city.

“Commercial city of Lagos is too busy. I want where there will be space for manufacturing. I’m also looking at the proximity with my other companies because, the way our companies were set up, factory A can produce something for factory B and vice versa. Another reason is for easy communications and management. I’m not interested in any particular region, be it South-East, South-West or North.” He said.

Besides, he also reacted to the fact that he does not have interest in politics and has no ambition to become a politician with a view to holding a political office in the foreseeable future.

“I am not a politician and I’m not interested in politics. I am a manufacturer. I will be an industrialist until I become weak. When I grow old I go home and retire. I don’t have time for politics. There are people who are politicians, let them continue with their politics. And as for the 2023 presidential election, I’m not interested in who is coming out. When the time comes, I’ll make a choice among those contesting. And I don’t know who I will vote for; it depends on who comes out.” He said.

thenigerialawyer

Randy Ondo Man Jailed for Life Over Rape of 10-Year-Old Girl

Justice Samuel Bola in his ruling said Adanlawo could not prove his case beyond the shadow of doubt as he also failed to give any convincing evidence to prove his innocence.

The victim is a ‘Witness of Truth’, says the judge based on her courage and precision in her statements.

The defendant allegedly went to the victim’s house August 24, 2018 while she was alone and forcefully had carnal knowledge of her, warning her not to tell anyone, or else she will die.

When the victim complained of pains and could not walk, her mother took her to a hospital for examination where it was discovered that the girl had been raped.

The victim opened up, narrating how her father’s church member Omotayo Adanlawo had raped her.

The case was reported at Iju-Itaogbolu divisional headquarters of the Nigeria Police, before being transferred to Ala Area Command, and a medical report revealed that there was actual penetration into the minor’s private part.

The defendant claimed that the victim told him to lie on her after asking for 50 naira and chin chin.

He also claimed to be battling with a hernia and as such was not medically fit to have sexual intercourse with the girl.

Justice Bola in his ruling, however, said the prosecution was able to prove there was penetration in the rape allegation against Adanlawo

He also said the defendant gave no medical report to prove his health condition.

He, therefore, sentenced Adanlawo to life imprisonment in line with section 358 of the Criminal Laws of the state.

The defendant has been taken to the Nigeria Correctional Centre to commence his jail term.

Malami stalled high-profile cases to protect crooks – Group

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Calls on Buhari to initiate a probe of Malami

Abuja (Sundiata Post) – President Muhammadu Buhari has been told to investigate allegations that the Attorney General of the Federation and Minister of Justice, Abubakar Malami, was responsible for halting series of high profile corruption cases, thereby providing safe havens from crooks.

The Civil Society Network Against Corruption stated this in a letter to the President, which was made available to the media on Sunday.

One of such listed cases was that of the former representative of Kogi West Senatorial District, Dino Melaye.

CSNAC in a petition, titled: “Illegal take over of the case file of Senator Dino Melaye on the operation of foreign bank accounts and obstruction of justice by the Attorney General of the Federation and Compromise of Prosecutions,” signed by its Chairman, Olanrewaju Suraju, accused Malami of collecting the case file and stalling the trial.

Following allegations of running a foreign account, some with fictitious names, the rights group, armed with documents, had petitioned the Code of Conduct Bureau, requesting for Melaye’s prosecution.

The CSNAC said it wrote a petition dated December 7, 2017 to the Code of Conduct Bureau demanding the investigation of the alleged operation of foreign bank accounts in the United States of America by Melaye, while serving as a senator.

A copy of the bank statement of Melaye was attached to the petition for possible prosecution before the Code of Conduct Tribunal, were the alleged offences established.

The Bureau in a reply dated May 22, 2018, revealed the transfer of the case file to the Ministry of Justice on the request of Malami.

“We were surprised at that development and suspected a foul play, considering the power of Attorney General under Section 174 of the Constitution is limited to instituting or taking over cases instituted in court and not ‘Arresting an investigation’ as was obvious in the case under reference,” CSNAC said in the petition addressed to the President.

Reports in 2015 by Saharareporters revealed that Melaye had since 2010 illegally operated bank accounts in the United States of America.

According to the report, Melaye opened two accounts, one was a current and the other a savings, in the name of Daniel “Din” Melaye, posing as a student.

The report further stated that by leaving the impression of himself as a student, Senator Melaye was able to open a “Campus Edge” current account with account number 4460 1649 8396 and a regular savings account with account number 4460 1647 5966 with Bank of America in the State of Maryland.

He was alleged to have obtained a bank debit card with account number ending with 8873.

One of his transactions on the account at the time was said to have taken place on the December 4, 2015, the same day he addressed his colleagues at the floor of the Senate, on a proposed anti-free speech and anti-democracy bill on social media and public petition censorship, when he approved payment for a transaction relating to the purchase of cosmetics from a Kremlin-based MagnitKosmetik store.

Earlier on September 1, 2015, Melaye approved payment to a New York-based SchweigerDermatology.

Suraju said Melaye’s alleged action was in gross contravention of the Code of Conduct for Public Officers by virtue of the above stated constitutional provision.(Eagle Online).