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ALSCON Crisis: Appeal Court Affirms Order to Jail DG of BPE

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The Appeal Court in Abuja on Friday in a unanimous ruling gave the Bureau of Public Enterprises (BPE), and Alex Okoh, its director-general, 30 days to comply with and enforce the July 6, 2012 order of the Supreme Court in a unanimous ruling which affirmed BFIGroup as the winner of the bid for the Aluminium Smelter Company of Nigeria (ALSCON) in Ikot Abasi, Akwa Ibom State, .

ALSCON Crisis: Appeal Court Affirms Order to Jail DG of BPE

Alex Okoh, DG of BPE

The Court affirmed the order of the Federal High Court, Abuja for the arrest and imprisonment of Okoh, for contempt and disobedience of Supreme Court orders over the ownership of Aluminium Smelter Company of Nigeria.

In a unanimous ruling, Justices Stephen Adah, A. Mustapha and Kenneth Amadi affirmed the order of Justice Anwuri Chikere of the Federal High Court in Abuja on December 17, 2019.

In his ruling on the application filed by BFIGroup, the Nigerian-American consortium declared winner of the bid for ALSCON in 2004, Justice Chikere ordered that Okoh be remanded in prison for a minimum of 30 days “until he purges himself of the contemptuous acts of disobedience of the orders of the Supreme Court.”

Since July 6, 2012, the apex court, in a unanimous ruling, affirmed BFIGroup as the winner of the bid ALSCON.

Following the bid for ALSCON held in 2004, the National Council for Privatisation (NCP) declared BFIGroup winner and the preferred bidder with an offer of $410 million.

But, BPE unilaterally cancelled the win in controversial circumstances, resulting in BFIGroup taking the matter before the court in 2006. The case dragged till July 2012 when the Supreme Court gave “an order of specific performance” to BPE to rescind its earlier decision to cancel the bid, reinstate BFIGroup and hand over ALSCON to it.

However, after two orders of the lower court seeking the enforcement of the Supreme Court ruling failed to persuade BPE to reverse its decision, BFIGroup on April 4, 2019 commenced contempt proceedings against BPE and Okoh.

On April 10, the court issued a formal notice to BPE and Okoh threatening to commit them to prison for their continued disobedience of the directive of the Appeal Court and the order of the Supreme Court in respect of the ownership crisis in ALSCON.

The notice read: “TAKE NOTICE that this Honourable Court will be moved on the 13th day of May 2019 at the hour of 9 O’clock in the forenoon or soon thereafter as Counsel may be heard on behalf of the Applicant praying this Honourable Court for:

  1. AN ORDER of this Honourable Court for Committal to Prison to be made against: a. Alex Okoh, Director General, Bureau of Public Enterprises; b. Bureau of Public Enterprises for disobeying and refusing to fully enforce the judgment/orders made by the Supreme Court in Appeal No. SC 12/2008 BFI Group v, BPE dated 6 July 2012 and the subsequent Enforcement Order contained in the Judgement of the Court of Appeal No. CA/A/637/2014 BPE v. BFI Group Corporation dated 11 January 2019.”

Okoh ignored the notice, by refusing to enter negotiations with BFIGroup pursuant to the order of the court. Consequently, on December 17, 2019, Justice Chikere ruled on the application granting BFIGROUPROUP’s request for Okoh and BPE to be remanded in prison for a minimum of 30 days.

Although BPE claimed on December 24, 2019 that it filed an appeal, No. CA/ A/117/M/2019, for a stay of execution of the committal order against its DG, BFIGroup’s Executive Vice President, Jimmie Williams, faulted the application as a sham.

In a petition to the President of the Court of Appeal titled “RE: Mr. Alex Okoh and BPE’s Sham Stay of Execution in Case No. FHC/ABJ/ CS/583/2004” dated January 21, 2020, Williams, who is also BFIGroup’s General Counsel, urged the court to uphold the contempt charge against Okoh.

However, when the Appeal Court entered a final ruling on the matter on Friday, Counsel to BFIGroup, Patrick Ikwueto, a Senior Advocate of Nigeria (SAN) told MEDIATRACNET that the court affirmed the order of the lower court.

“The Appeal Court upheld in its entirety the order of Justice Anwuri Chikere of the Federal High Court, Abuja which asked BPE and its DG to fully comply with the directive of the Supreme Court for ALSCON to be handed over to BFIGroup, the preferred winner of the bid. We expect BPE and its DG to do the honourable thing and respect the rule of law,” Ikwueto said.

Dr. Rueben Jaja, BFIGroup President, while reacting to the ruling, said the Appeal Court has demonstrated once again that the court is the hope of a common man.

“The court has reaffirmed that they are ready to support anyone, whether in Nigeria or abroad, who is ready to invest in Nigeria, despite the corrupt tendencies of some selfish and misguided public officials. BFIGroup is ready to go ahead to take over and revitalize ALSCON to benefit of the youth in the Niger Delta region,” Jaja said.

 

 

 


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Asein, DG NCC Seeks IP Policy for Every University

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Dr. John O. Asein, the Director-General, Nigerian Copyright Commission (NCC) has again stressed the need for every University to have an Intellectual Property (IP) Policy so as to maximize their innovative and creative potentials.

Dr. Asein made this point while formally presenting the revised Model Intellectual Property (IP) Policy to the General Assembly of the Committee of Vice Chancellors of Nigerian Universities (CVCNU) in Abuja on 30th October 2024.

According to him, the Model Policy, which was developed by the Commission in collaboration with the CVCNU in 2021 was reissued as part of the Commission’s renewed effort to promote its adoption and implementation.

The Director-General thanked the immediate past Secretary General of CVCNU Prof. Yakubu Ochefu for supporting the initiative and working with the Commission to promote the sustainable use and effective management of IP in Nigerian universities.

Dr. Asein also called on tertiary institutions, as centres of learning and research, to introduce their faculties and students to the subject of intellectual property in line with global trends and to make Nigerian universities globally competitive.

To this end he assured Vice-Chancellors of the Commission’s readiness to help in the development and implementation of their policy.

“The Commission will work with other agencies, including the World Intellectual Property Organization (WIPO) to begin the intellectual property ranking of universities and celebrate those that excel in the respect, generation, use and commercilaisation of IP”, the Director-General assured.

Speaking on the WIPO Distance Learning (DL) courses on IP, the Director-General urged universities to infuse the WIPO DL 101 course, which is available online for free, into the General Studies course to give students basic knowledge of IP and equip them in their respective courses of study.

Receiving the copies on behalf of Nigerian Vice-Chcnellors, the Chairman CVCNU, Prof. Lilian Salami (Vice-Chancellor, University of Benin) commended the collaborative efforts of the Commission and AVCNU in developing the Model IP Policy and assured the Director-General of CVCNU’s continued commitment to working with the Commission, particularly in promoting better IP culture in universities.

The Model IP Policy was developed with the help of a team of Nigerian experts and with the support of the Nigerian University Commission (NUC), the World Intellectual Property Organization (WIPO) and the National Office of Technology Acquisition and Promotion (NOTAP).


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Court Orders Arrest of Echefu, Businessman over Alleged $651,280 Fraud

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A Chief Magistrate Court sitting in Bwari area council, Abuja has ordered the arrest of Dr Bright Echefu, chief executive of Briech Intelligence Fusion Limited, a security company, over an allegation of $651, 280 fraud.

Court Orders Arrest of Echefu, Businessman over Alleged $651,280 Fraud

Echefu is said to have allegedly defrauded BCG NEEDS Company of the said amount under the pretence of supplying drones and accessories.

The court ordered Disu Olatunji, commissioner of Police, federal capital territory (FCT) to arrest Echefu and his company.

Echefu is also the managing director and chief executive officer of Telecom Satellite Television, according to Leadership Newspaper.

The Economic and Financial Crimes Commission (EFCC) had earlier arraigned the businessman at the federal high court over allegations of tax evasion, money laundering, and advanced fee fraud.

Okechikwu John Akweke, presiding judge, ordered Echefu’s arrest after the motion was moved by John Paul Eze Esq. of O. J. Law Consult.

Akweke said the order is to compel Echefu and his company appearances before the court in line with Section 113 of the Administration of Criminal Justice Act 2015.


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NACCIMA Warns Against Arbitrary Taxation on Businesses

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The Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture has expressed concerns over the long-term implications of arbitrary taxation on businesses and the nation’s economy.

Dele Oye, President, NACCIMA, speaking at the 45th Trade Fair hosted by the Kano Chamber of Commerce, Industry, Mines, and Agriculture,  emphasised that high taxes hinder innovation, stifle investment, and pose a threat to the sustainability of enterprises.

He said, “As Margaret Thatcher warned, we should be wary of high taxes. High taxation restricts the power of the people while giving more authority to the government.

As we strive for economic prosperity, I must also draw attention to the issue of arbitrary taxation. I urge all levels of government in Nigeria, especially state and local governments, to consider the long-term implications of high taxation on businesses.

“High tax burdens can stifle innovation, deter investment, and threaten enterprises critical to our economic growth. Let us work collaboratively to create a business-friendly environment that encourages entrepreneurship and fosters economic development.”

Meanwhile, called for a review of sections of the 2024 Tax Bill, citing provisions that negatively impact businesses, particularly those operating within free trade zones, and therefore urged the Federal Government to adopt a more collaborative and long-term approach to taxation policies so as not to destabilize critical sectors of the economy.

While speaking on free trade zones, Oye appealed to the President to consider advice from the genuine private sector and organised private sector in Nigeria, urging to always hold stakeholder forums before implementing major economic policies.

“In this regard, we appeal to reconsider and withdraw the approval of the memorandum dated October 20, 2024, authored by the FIRS Chairman. This memorandum inadvertently overlooked the legal basis for the incentives on free trade zones granted by President Obasanjo in 2002, predicated on Section 23(s) of the 2007 CITA.

“We urgently call upon the Federal Government of Nigeria to take the following actions: Expunge Sections 60, 198(2), and 198(3) from the bill; exclude free zone enterprises from the scope of Section 57 of the bill, and delete the current Second Schedule of the bill in its entirety, which was inserted into the tax bill 2024.”

Speaking on the theme of the event, “Non-Oil Export for Economic Prosperity,” the NACCIMA president said it resonated deeply with the collective aspiration for sustainable economic growth.

“The future of our economy undeniably lies in the diversification of our exports, and we must rally together towards this goal.

“The government must take deliberate and proactive steps to create market access for non-oil exports by implementing strategic policies and programs that connect local producers to global markets. Establishing trade offices in key export destinations can promote Nigerian products and facilitate business linkages.

“Through strategic partnerships with international trade organizations, we can secure preferential trade agreements that grant Nigerian products a competitive edge.

“Moreover, government-led initiatives like trade missions and export-focused road shows can showcase the quality and diversity of Nigerian goods while building networks with foreign buyers. By leveraging diplomatic channels, we can address barriers such as restrictive trade policies, unfair tariffs, and logistical challenges that hinder market penetration.”

He further added that the government could offer incentives for banks to lend more to export-oriented enterprises, fostering growth and enabling businesses to compete effectively in international markets.

He added, “These financial supports can assist local businesses in scaling their operations to meet global demands.

“To enhance the competitiveness of our exports, it is crucial that our exporters obtain international certifications, such as HACCP, ISO, and FDA. The government should provide training and support businesses in acquiring these certifications.

“Furthermore, enhancing quality control measures at ports of exit will ensure that Nigerian products not only meet global standards but also ensure consumer safety and satisfaction.”


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