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Alleged $3.6m Contract Palaver: Court Strikes Out Spurious Criminal Charge Against Addax, Mayaki & Esan

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Addax Petroleum Exploration Nigeria Limited (Addax), Mr. Tunji Mayaki, Addax’s Deputy Managing Director and Dr. Nike Esan, Addax’s Head, Dispute Resolution & Corporate Governance can now heave a sigh of relief as a spurious $3.6m criminal charge brought against them has been struck out by Hon. Justice A. Fadipe of the High Court of Lagos State, Ikeja Judicial Division.

The suit No. ID/16806C/202  filed by the Special Frauds Unit (SFU) of the Nigeria Police Force (NPF) was struck out by tthe court on Friday, March 11, 2023.

The SFU had on 28th October 2021 charged Addax and its officials for the alleged offences of conspiracy to steal and stealing the sum of 3.6 million United State Dollars purportedly belonging to Peacegate Oil and Gas Limited (“Peacegate”) in 2010.

The charge was predicated on a petition submitted to the law enforcement agency on 6th July 2021, by one Mr. Adedoyin Ayorinde, the Managing Director of Peacegate.

In response to the above charge, Addax and its officials, represented by the law firm of Babalakin & Co. led by Mr. Olawale Akoni SAN, filed a notice of preliminary objection, contending that the High Court of Lagos State lacked jurisdiction to hear the charge on the grounds that the charge was premised on a law unknown to Lagos State and significantly too that the proof of evidence did not disclose the commission of any crime as the issues between Peacegate and Addax was basically a civil  and contractual dispute, matters regarding which the Civil courts had already determined..

Addax’s legal representatives further pointed out to the court that Mr. Mayaki and Dr. Esan could not by any stretch of imagination, have conspired to steal or conspire to have stolen any money whatsoever belonging to Peacegate as Mr. Mayaki joined Addax in 2012, two years after the period of the alleged offence and Dr. Esan who was a legal officer without any approving or managerial authority at the relevant period, was never involved in the execution of the contract that led to the dispute.

Dr. Esan only worked on the court and arbitration cases alongside the external lawyers engaged by Addax to defend itself.

Our investigation in the above matter showed the following:

  1. Addax had entered into a contract with Peacegate in October 2008 for the provision of three security vessels to carry out security patrol services for some of Addax’s operation for a duration of 9 months. Peacegate only delivered one of the vessels, MV Rescuer and put same to Addax’s use between 22nd January 2009 and 5th February 2009. However, on 5th February 2009, militants attacked the MV Rescuer resulting in damage to the vessel which consequently became unavailable for Addax’s use.
  2. Addax thus terminated the Contract and a dispute arose between the parties in this regard.   In consonance with the Parties’ contractual dispute resolution provision, Peacegate commenced arbitration proceedings against Addax claiming over $10 million for the damaged vessel and full day rate payment for the three vessels. Addax denied liability.
  3. Upon Peacegate’s request, arbitration was suspended and National Petroleum Investment Management Services (NAPIMS), a division of The Nigerian National Petroleum Corporation (NNPC) waded into the mattee.  After series of meetings,  a settlement was eventually recommended by NAPIMS that apart from the sums already paid to Peacegate by Addax, the sum of $3.6million be paid to Peacegate by Addax. As is the practice in Production Sharing Contract arrangements, Addax sought and obtained NNPC Board’s approval in 2010 to pay the sum of $3.6 Million and N44 Million as full and final settlement of all Peacegate’s claims.
  4. However, at a meeting convened to finalise the settlement,  Peacegate flatly rejected the settlement sum, and opted to continue with the ongoing arbitration proceedings, hoping to recover much more than the settlement sum. Mr. Ayorinde Adedoyin, the CEO of Peacegate and other parties who attended the settlement meeting signed the minutes of the meeting containing this position.
  5. At the end of the arbitration proceedings, the arbitral panel issued its arbitral award on 8th July 2011, wherein it only awarded to Peacegate, the total sum of $420,250 and N162,500 as opposed to its over $10 Million arbitration claim.
  6. Peacegate was dissatisfied with this award but rather than challenge the whole award, decided to pick and choose. It adopted an unlawful and inappropriate approach of seeking to enforce in suit No. (FHC/L/CS/401/2012), the favourable part of the award and at the same time seeking to set aside the unfavourable part. Peacegate sought to enforce the part of award granting it $420,250 and N162,500 and commenced enforcement proceedings against Addax. Addax eventually paid the arbitral award sums.
  7. Peacegate also sought to set aside the part of the award not favourable to it in court by filing Suit No. FHC/L/Cs/981/2011 against Addax.  On 24thApril 2014, the Federal High in its judgment in Suit No FHC/L/CS/981/2011 agreed with Peacegate and set aside the arbitral award without taking cognisance of the fact that the award had been enforced or making any order for a refund of arbitral award sums received by Peacegate. Addax appealed this judgment and the Court of Appeal in its judgment of 10th March 2017, reversed the Federal High Court’s decision and reinstated the Arbitral Award of 8th July 2011. Peacegate has a pending appeal against this decision at the Supreme Court.
  8. Despite the pendency of this appeal, Peacegate continued to go about town complaining to all who cared to listen that Addax and its officials conspired to steal and allegedly stole the sum of $3.6 Million and N44 Million which Peacegate rejected at the settlement meeting convened by NAPIMS.

Our findings at the Nigeria Police Force, confirm that, the authorities of the Nigeria Police Force authorized the SFU to withdraw the criminal charge; particularly as it sought and acted on the legal advice of Directorate of Public Prosecution (DPP) Federal Ministry of Justice with a view to prevent a pervasion and miscarriage of justice through malicious prosecution. It is instructive to note that the DPP advised that after thorough review of the issues, Addax and its Officers have not committed any crime and that parties should settle their differences by way of a civil action. It is on the strength of this instruction that Mr. Henry Obiazi, the police prosecutor applied to withdraw the charge and the court consequently struck it out and discharged Addax, Mr. Tunji Mayaki and Dr. Nike Esan.

Reacting to the news that the criminal charge has been struck out, Mr. Mayaki said “This is a welcome development for all of us at Addax, we are glad to put this needless distraction behind us. It is inconceivable that a charge could be brought against persons who were not in employment of the company at the time the alleged offence was committed and against persons who had no actual or ostensible authority regarding the relevant contracts at the material time. Peacegate, following failure to establish their case in the civil courts as they ought to, has dragged us to different law enforcement and regulatory agencies such as the Economic and Financial Crimes Commission (EFCC), the Inspector General of Police Monitoring Team, the and National Petroleum Investment Management Services (NAPIMS).

After investigation by these agencies, Addax and its officials were always cleared of any wrongdoing as it is obvious that the issue between the Peacegate and Addax is a civil and contractual matter with no criminal underpinnings. Once again, we have been exonerated from the spurious charges brought against us and parties can now focus attention on other matters .”

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2027: Tinubu Wants to Contest Against Himself – Dele Momodu

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Former presidential candidate and chieftain of the African Democratic Congress (ADC), Dele Momodu, has accused Nigerian President Bola Tinubu of attempting to weaken opposition politics ahead of the 2027 general elections, reiterating his earlier warning that the country is finally drifting toward a one-party political system.

Momodu made the remarks during an appearance on Sunday Politics on Channels Television, where he delivered a sweeping critique of the current political landscape and the growing wave of defections to the ruling All Progressives Congress (APC).

According to him, democracy thrives on strong opposition parties and competitive elections, but recent political developments suggest the ruling party may be consolidating power in a way that limits meaningful political competition.

“There must be opposition politics. There must be opposition candidates, but Tinubu wants to contest against himself and it doesn’t make sense to me,” Momodu said during the interview.

He argued that the increasing movement of opposition politicians into the ruling party is creating a political environment where viable alternatives to the government are shrinking.

Momodu described the situation as troubling for Nigeria’s democracy, warning that if opposition parties continue to weaken, the country could gradually move toward a one-party system.

“A lot of people are worried that now we have virtually a one-party state. It’s a sad day for democracy in Nigeria,” he said.

The veteran journalist and publisher also suggested that many politicians aligning themselves with the government are motivated more by access to power and resources than genuine political conviction. Addressing the president directly during the interview, Momodu said some of those publicly expressing loyalty to Tinubu may ultimately betray him at the polls.

“A lot of people are deceiving you, Mr President. They are going to collect your money. They know you have a bottomless pit of money. They will collect it, but I doubt if they will vote for you,” he said.

Momodu noted that his criticism of the president was not personal, recalling that he and Tinubu were once allies during Nigeria’s pro-democracy struggle against military rule.

He said both men were active during the campaign to actualise the June 12, 1993 election won by the late businessman and politician Moshood Kashimawo Olawale Abiola.

“We were together in exile. He was very active in the struggle against dictatorship,” Momodu said, adding that his views about Tinubu’s leadership style developed over time.

Despite their shared political history, Momodu said he felt compelled to speak out about what he described as the increasing concentration of power in Nigeria’s political system.

Looking ahead to the next presidential election, Momodu said Tinubu could be defeated if opposition forces unite around a strong coalition candidate. He specifically mentioned former vice-president Atiku Abubakar as a potential contender capable of challenging the ruling party.

According to him, a joint ticket combining Atiku with Peter Obi or Rotimi Amaechi could significantly weaken the ruling party’s chances.

“If we have a combination of Atiku, maybe with Peter Obi, maybe with Rotimi Amaechi, Tinubu will be gone,” he said.

Momodu also insisted that Tinubu is not as politically invincible as many believe, arguing that unpopular incumbents can be defeated through strategic opposition alliances and voter mobilisation.

“It is not that Nigerians are afraid of Tinubu. Tinubu is afraid of Nigerians,” he said.

He further criticised the administration’s performance in several areas, particularly security and economic hardship, noting that many Nigerians are facing difficult living conditions.

“Insecurity is number one. Poverty has quadrupled. The fuel subsidy was removed and the government says more money is coming in, but Nigerians have not seen the effect of it,” he said.

Momodu added that the government should focus on addressing the country’s pressing challenges rather than concentrating on political calculations ahead of the next election.

“The president should focus on solving the problems of Nigerians now instead of thinking about 2027,” he said.

He maintained that Nigeria’s political history shows that governments that concentrate power eventually face resistance from the electorate and insisted that citizens must remain engaged in protecting the country’s democratic system.

“Any citizen who believes that Tinubu does not deserve a second term should come out boldly and oppose him,” Momodu said.

Source: thewhistler.ng

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UK Orders Airspace Restrictions, Road Closures for Tinubu’s State Visit

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Authorities in the United Kingdom (UK) have announced temporary airspace restrictions and road closures in Windsor ahead of President Bola Tinubu’s State visit to the country.

Britain’s monarch, King Charles III, will host Tinubu and First Lady Oluremi Tinubu at Windsor Castle on March 18 and 19, 2026.

State visits represent the highest level of diplomatic engagement hosted by the British monarch.

According to Thames Valley Police, extensive security measures will be implemented in Windsor during Tinubu’s state visit, including an expanded airspace exclusion zone and a large-scale policing operation.

The castle already operates under a permanent airspace restriction, but authorities said the exclusion zone will be extended on March 18 between 07:00 and 23:59 GMT.

Police warned that anyone who breaches the restriction will “likely” face arrest.

Security operations will involve search teams, armed units, mounted officers, and road policing officers. Neighbourhood officers and Project Servator teams will also conduct patrols across the town to deter and detect criminal activity while engaging with the public.

Officials added that Windsor’s extensive CCTV network and hostile vehicle mitigation barriers will also be used as part of security arrangements.

Ch Supt Adrian Hall of the joint operations unit said:

“As a force, we have a vast amount of experience in policing royal events in Windsor, and significant planning and preparation have gone into this event.

“We will ensure everyone attending the state visit, including dignitaries, spectators, and members of the public, are kept safe to enjoy the historic occasion.”

Authorities said several road closures and parking restrictions will begin on March 17 ahead of Tinubu’s State visit, warning that motorists may experience temporary disruption on roads in and around Windsor.

Some footways and pedestrian crossings in the town centre will also close periodically between 09:30 and 12:30 on March 17 and 18 for a ceremonial procession.

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False and Misleading: Senator Ireti Kingibe Not Suspended, Says ADC

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The African Democratic Congress, ADC, has dismissed reports that Senator Ireti Kingibe has been suspended from the party, describing the claims as false and misleading.

Kingibe currently represents the Federal Capital Territory in the Senate.

In a statement issued on Thursday, the party’s National Publicity Secretary, Bolaji Abdullahi, said the ADC is not aware of any decision to suspend the senator and urged the public to ignore the circulating reports.

Abdullahi emphasized that the party has well-defined constitutional procedures for handling allegations involving its members.

“The African Democratic Congress is unaware of any suspension of Senator Ireti Kingibe, the distinguished Senator representing the Federal Capital Territory,” he said.

He added that as a law-abiding political party, the ADC follows established internal mechanisms when dealing with issues concerning its members rather than addressing such matters through media statements.

“As a law-abiding political party, the ADC has clear constitutional procedures for addressing any allegations involving its members. Such matters are handled through established internal mechanisms, not through press statements,” Abdullahi stated.

The party therefore called on the public and media organizations to disregard the reports of Kingibe’s alleged suspension.

“We therefore urge the public and the media to disregard the reports suggesting that Senator Ireti Kingibe has been suspended by the party, as they are false and misleading,” the statement added.

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