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Court stops FG from taking further actions on disputed e-Customs Concession Project

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A Federal High Court in Abuja has restrained the Federal Government from enforcing or giving effect to the controversial Customs Modernisation Project, otherwise known as e-Custom, allegedly executed by its agents on May 30, 2022.

The agents, who allegedly executed the disputed concession project are the Nigerian Custom Service, Trade Modernisation Project limited, Huawei Technologies Company Nigeria limited and African Finance Corporation.

The court also issued an order of interim injunction against the Federal government or its agents acting through the Federal Executive Council, FEC, from retrospectively ratifying the decisions to concession the Custom Modernisation Project also known as e-custom project to Trade Modernisation Project limited, Huawei Technologies Company limited and African Finance Corporation.

The restraining order issued by Justice Inyang Ekwo of the Abuja division of the court shall last till the hearing and the determination of a suit brought against the Federal Government by two aggrieved companies.

An enrol order issued by the court dated June 17, 2022, was signed by Justice Inyang Eden Ekwo and sighted by DAILY POST correspondent.

The two aggrieved companies are: E-Customs HC Project Limited and Bionica Technologies ( (West Africa) Limited, which jointly challenged the alleged unlawful and fraudulent concession of the e-custom project to African Finance Corporation

Counsel to the two aggrieved companies, Mr Anone Usman had on behalf of the two plaintiffs argued an ex-parte application, in which he prayed the Federal High Court for interim orders against the defendants to protect the interest of his clients.

Justice Inyang Ekwo, while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project.

The Judge also granted permission to the aggrieved companies to serve a Writ of Summons and all other processes on the African Finance Corporation at its head office, located at Ikoyi, Lagos, through DHL courier services.

Defendants in the suit are the Federal government of Nigeria, Attorney-General of the Federation (AGF), Finance Minister, Infrastructure Regulatory Concession Commission, (IRCC) Nigeria Custom Service, Trade Modernization Project limited, Huawei Technologies limited, African Finance Corporation and Bergman Security Consultant and Supply limited as 1st to 9th defendants, respectively.

Justice Ekwo subsequently fixed June 28 for hearing in the matter.

The two plaintiffs had in their statement of claims narrated how they proposed to carry out Custom Modernisation Project through several government officials for the benefits of the Nigerian Custom Service.

They claimed that after series of meetings and negotiations with some of the defendants, President Muhammudu Buhari granted anticipatory approval for the e-custom Project

They averred that on September 2 , 2020, the Minister of Finance presented a memo with number EC2020/153 to the Federal Executive Council, the highest decision making body of the federal government and secured approval for the two plaintiffs to be granted the award of the concession.

The Plaintiffs further claimed that trouble started when the Nigeria Custom Service unilaterally reviewed the Federal Executive Council approval and imposed other conditions, among which are shareholding formulae and governance structure on them.

They claimed that the power of the Nigeria Customs Service to unilaterally review FEC approval was protested and that the Comptroller General of the agency stood his ground.

The Plaintiff asserted that to their surprise, they read in the news that the Nigeria Custom Service had executed a concession agreement with the Trade Modernisation Project on May 30, 2022, with Huawei Technologies Company and African Finance Corporation in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.

They averred that Tade Modernisation Project Limited was incorporated in April, 2022 at the Corporate Affairs Commission (CAC) with one Alhaji Saleh Ahmadu a close friend of the Comptroller General as the Chairman.

Plaintiff asserted that the new company, having been just incorporated in April 2022 could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission IRCC and the approval of the Federal Executive Council to carry out e- custom project.

They asked the court to make declaration that the decisions of the Federal Government and its agent to enter into concession agreement with Trade Modernisation Project Limited, Huaewai Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.

They also asked the court to declare that e-Customs HC Project limited is the approved and rightful concessionaire for the e-customs project as approved by Federal Executive Council at its meeting of September 2, 2020 and in line with Section 2 of the Infrastructure Regulatory Concession Commission Act.

They also applied for an order of the court directing the Federal Government, through AGF, Finance Minister, IRCC and Customs to consulate the e-custom project with the 1st plaintiff, (E-Customs Project Limited) as approved by FEC in its September 2020 meeting.

Besides, the two plaintiffs asked the court to compel the defendants to pay them a sum of two hundred million naira (N200m) as cost of litigation.

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FG Targets 15m Households for Conditional Cash Transfer Scheme

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The Minister of Humanitarian Affairs, Disaster Management, and Social Development, Nentawe Yilwatda, has announced the Federal Government’s plan to reach 15 million households, representing 75 million people, through its conditional cash transfer scheme.

Speaking on Monday during an interview on Channels Television’s The Morning Brief, Yilwatda explained that the initiative is part of President Bola Tinubu’s commitment to mitigating the economic hardships faced by vulnerable Nigerians.

“The president was so specific,” Yilwatda noted.

“There are policies that he brought in to see if that can ease those challenges for people at the lower end of the pyramid. One of those policies is to reach out to 15 million beneficiaries under the conditional cash transfer, targeting households rather than individuals. Each household will receive ₦25,000 monthly, paid three times a year.”

Yilwatda further clarified that the 15 million households being targeted translate to 75 million Nigerians, assuming an average of five persons per household.

So far, the Federal Government has reached five million individuals but is facing challenges in fully sanitizing the social register, particularly with the implementation of the Central Bank of Nigeria’s (CBN) policy mandating digital identities for transparency and traceability of payments.

“Currently, only 1.4 million people on the social register have digital identities. Many of those we are targeting are outside the formal banking system,” the minister disclosed.

Yilwatda emphasized that women are specifically targeted as household leaders under the program to ensure the funds are used effectively for the benefit of children and other vulnerable members of society.

The conditional cash transfer programme, which is administered under the National Social Investment Programme, had earlier been suspended by President Tinubu in January due to allegations of corruption. However, the scheme was reinstated in February, with plans to extend the initiative to an additional 12 million households.

 

 

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Fuel Price Relief: PETROAN Promises Pump Price Drop This Week

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The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has assured Nigerians of a reduction in the pump price of petrol within the week, following adjustments to the ex-depot price by key players in the industry.

 

Last week, the Nigerian National Petroleum Company (NNPC) Limited and the Dangote Refinery announced a reduction in the ex-depot price of petrol to ₦899 per litre in Lagos. Despite this, the pump price at many filling stations across the country has remained unchanged.

 

However, PETROAN President, Billy Gilly-Harry, during a Monday appearance on Channels Television’s Sunrise Daily, expressed optimism that the price change would soon reflect in retail outlets.

 

“But I believe from today when members start loading from both NNPC and Dangote at this new price reduction, it will reflect in the market,” he said.

 

Gilly-Harry lauded some members of PETROAN, particularly in Abuja, for proactively reducing their pump prices to below ₦1,000 even before the official announcement. He emphasized that while members strive to serve Nigerians by providing affordable fuel, they must maintain marginal profitability to sustain operations.

 

“We don’t encourage our members to try to sell products at a loss because our focus is to serve Nigerians. And the only way we can serve Nigerians is when we have the resources to do so. The resources can only be there if we’re making marginal profit enough to pay for the cost of money and ensure continuity in business,” he noted.

 

Addressing concerns over the delay in implementing the price reduction, Gilly-Harry explained that some retailers are still selling old stock purchased at higher prices.

 

“This reduction, if you apply it immediately, don’t forget that some of them bought at ₦970, paid transportation costs and logistics that have taken it quite high,” he said. “By the time it gets to their retail outlets, it’s quite much more than that. And so they must also sell at a profit – minimal marginal profit as provisioned by the PIA. So, that’s the reason.”

 

The PETROAN boss commended both the NNPCL and Dangote Refinery for their efforts in reducing the ex-depot price, which he described as a significant step toward easing the burden on Nigerians.

 

Nigerians are now hopeful that the price adjustment will translate into tangible relief at filling stations in the coming days.

 

 

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FG Declares Festive Public Holidays

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The Federal Government has declared Wednesday, December 25, and Thursday, December 26, 2024, as public holidays to mark Christmas and Boxing Day, respectively. Additionally, Wednesday, January 1, 2025, has been declared a public holiday to celebrate the New Year.

This announcement was made by the Minister of Interior, Dr. Olubunmi Tunji-Ojo, in a statement signed by the Permanent Secretary, Dr. Magdalene Ajani. The minister extended warm greetings to all Nigerians, urging them to embrace the festive period as an opportunity to reflect on the values of love, peace, and unity that the season represents.

Tunji-Ojo emphasized the significance of the season in fostering harmony and strengthening family and community bonds.

“The Christmas season is a good moment for both spiritual reflection and national renewal. As we celebrate the birth of Jesus, the Prince of Peace, let us demonstrate kindness and extend goodwill to one another, irrespective of our differences,” he stated.

He further encouraged citizens to remain committed to peace, unity, and progress for the development of the nation, stressing the Federal Government’s dedication to ensuring security and prosperity across the country.

While wishing Nigerians a Merry Christmas and a prosperous New Year, the minister expressed confidence in the Renewed Hope Agenda of President Bola Ahmed Tinubu’s administration.

He assured citizens that the coming year would usher in a stronger and more prosperous economy that would set Nigeria on a global pedestal.

The minister concluded by calling on Nigerians to celebrate responsibly, maintaining peace and unity throughout the festive season.

 

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