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Tag: Ifeanyi Ubah

  • #Justice4PDPAnambra: Ifeanyi Ubah Support Group call on the Ahmed Makarfi-led PDP to allow justice prevail

    In the aftermath of the PDP Anambra State Governorship Primary Election which many have tagged a sham due to the spate of irregularities associated with the whole process starting from the ward congress that produced the delegates, a support group of one of the front-runners and billionaire businessman, Ifeanyi Ubah have come out to condemn the entire process, imploring the Makarfi-led PDP to allow justice take its due course after aspirants were allowed to air their grievances at the Appeal Panel which sat on Tuesday, 12th of September, 2017.

    Please read the statement below:

    Goodmorning Members of the PDP Board of Trustees.

    This is Ifeanyi Ubah Support Group.

    We came with humility to inform you of the great injustice meted out on some faithful members of the PDP, most especially Dr. Ifeanyi Ubah which is on the verge of tearing the party apart as well disunite the members of the PDP in Anambra State bearing in mind the deplorable state of our reward system.

    Owing to the primary election which was recently conducted, it is an obvious fact that the primary election was designed to favour the anointed candidate of a godfather in Anambra State against hardworking party faithfuls and loyalists and people who have suffered for the party, most especially, Dr. Ifeanyi Ubah.

    Out of the seven candidates aspirants, four withdrew from partaking in the primary elections owing to the irregularities. However, it takes humility and party commitment even in the face of manipulation, scheming and glaring irregularities, for one to continue in the race just as Dr. Ifeanyi Ubah did.

    It is on record that Dr. Ifeanyi Ubah, since the sham of a primary election that took place on the 28th of August, 2017, has not uttered a word to the media because of his belief in the party’s resolution mechanism and also the rule of law. Ifeanyi Ubah has also not gone to court against the party, but has waited for the Appeal panel, being the highest body that addresses such irregularities.

    Today, the statutory 48hours given to the Appeal Panel to produce a verdict and report on the appeals has lapsed and We, of the Support Group, have decided to inform the members of the BOT of the great consequences and dangers that looms ahead of PDP as a result of this.

    We will not want to bring ridicule, shame, and public hatred on PDP by publishing all that has happened in Anambra State. However, we want you all to use your goodwill to call on the leadership of the National party, to call a spade a spade and address the anomalies that swallowed the primary election in Anambra state in order to forge a united body in Anambra State.

    We call on Ahmed Makarfi led PDP to do the right thing as all eyes are on him to do the right thing. If Osun can get it right under Senator Ali Modu Sheriff by electing a Senator without rancor, why will Anambra State get it wrong under Ahmed Makarfi. Why must PDP allow the party to die because of Mr. Peter Obi who is the alleged man in the middle of this acrimony?

    Ifeanyi Ubah was in PDP before Peter Obi. Ifeanyi Ubah was part of the delegation alongside Olisa Metuh, Senator Godswill Akpabio and others that went to usher Peter Obi into the party. Ifeanyi Ubah was the Deputy Director, Contact and Mobilisation of the last Presidential Campaign Organisation of the PDP. Ifeanyi Ubah led the Transformation Ambassadors of Nigeria (TAN) to all nooks and crannies of Nigeria campaigning for PDP at his own cost. Ifeanyi Ubah donated his estate comprising of 10 buildings in Abuja in order to serve as TAN Headquarters. Ifeanyi Ubah brought in four plane load of campaign materials, chartered from Dubai to Guangzhou to Lagos. Ifeanyi Ubah supplied relief materials to every state of Nigeria. Ifeanyi Ubah donated 214 trailers of rice to all PDP stakeholders nationwide at his own cost. Ifeanyi Ubah went into Gombe, Northeast of Nigeria, even in the heat of Boko Haram attacks and stands as the first person to mention PDP in that state. Ifeanyi Ubah led TAN to Kano to campaign for PDP, a week after Kano University was bombed, even when the PDP stakeholders in Kano like former Governor Shekarau and former Minister of Foreign Affairs, Ambassador Wali could not come to the rally in their own state. Ifeanyi Ubah canvassed the whole nation, convincing Nigerians to vote PDP on the strength that the PDP led administration was a good government. Ifeanyi Ubah went to Portharcourt and fought for the soul of PDP in Rivers State by organizing one of the biggest PDP gatherings. Ifeanyi Ubah did same in Ibadan, Onitsha, Minna and Grand Finale in Abuja and garnered over 18 million voters ready to fight for PDP.

    In all, Ifeanyi Ubah has never been given a single contract and have never collected any money from anyone in the course of his support for the PDP.

    The question today is: why will PDP shortchange Ifeanyi Ubah in Anambra State knowing fully well that Ifeanyi Ubah has all the clout to win this election. Ifeanyi Ubah is the only person who has built a football stadium for the youth which the state government has not built in over 25 years of its existence. Ifeanyi Ubah has 2 radio stations in Anambra State. Ifeanyi Ubah is the only aspirant from South Senatorial district which carries the highest votes in Anambra State. Ifeanyi Ubah has laboured for PDP. Will this labour be in vain? Will PDP allow the party to go into a legal battle that cannot be sustained due to the sham that was termed a primary election, thereby bringing ridicule to PDP or will they stand up and take the right decision by disallowing a man who is not qualified to contest the November 18, 2017 election under the platform of the PDP? Will the BOT and the National Working Committee (NWC) stand on their conscience and take a decision that will be fair to PDP faithfuls worldwide.

    Today, we, of the Ifeanyi Ubah Support Group are placing adverts on the print media, electronic media and social media, showcasing what Ifeanyi Ubah has done for the PDP and will ask PDP faithfuls nationwide if the treatment meted out of Dr. Ifeanyi Ubah and others are fair.

    It is pertinent to note that

    1. We, of the Ifeanyi Ubah Support Group nationwide, have approached all PDP faithfuls starting from the BOT members and aspirants, asking them to condemn the anomalies that happened in Anambra State, which if not checked, is capable of truncating the successes PDP is gradually recording in Nigeria.

    2. We have also, dutifully and respectfully adhered to all resolution mechanisms made available by the party starting from the fact that the day we were shortchanged through the ward congress and consequently, primary elections, we have remained resolute not to bring the name and reputation of the party into disrepute by refusing to make any public statement or partaking in any negative media campaign.

    3. Having given PDP the room to correct these anomalies through the Appeal Panel which sat on Tuesday 12th of September, 2017 whose report should statutorily be released latest, Thursday 14th of September, 2017 as mandated by the PDP constitution, it is obvious that there is a problem being initiated by members of a particular cabal trying to truncate the observations, report, the good wishes and conscience of the Appeal panel members.

    4. Thus, we have taken a decision to inform the BOT members, NWC members and all party faithfuls nationwide of the impending calamity that is about to befall PDP by reason of the impunity being carried out in Anambra State.

    5. By 6PM today, being Friday, 15th September, 2017, if Justice is not served, we will have no other choice than to start a media campaign nationwide by publishing what actually transpired in Anambra State.

    6. We urge you all to use your good offices to call on Ahmed Makarfi led National Working Committee to heed to their conscience and allow justice to take its full course in Anambra State.

    PDP should not allow few individuals to derail the party.

    It is time to do the right thing!

    We cannot afford to disgrace the party by supporting this level of impunity. Everyone is watching.

    Thank you.

    You can also watch in the video below how authentic delegates of the PDP were teargassed in order to pave the way for the fake delegates to participate in the primary election that produced Mr. Oseloka Obaze.

  • Ifeanyi Ubah on the march again

    IF the contest for the governorship ticket of Anambra State were an Olympic 100 metres sprint finals, oil and gas business mogul, Ifeanyi Ubah, would be crowd’s favourite. Like recently-retired Usain Bolt, recent moves by the Capital Oil boss’ have caught the attention of political observers as he seems to mean business this time in his quest for the state’s number one seat.

    In spite of his recent travails at the hands of the Department of State Services (DSS) over the allegation that the he diverted billions of naira worth of petrol belonging to the NNPC, the owner of NPL team Ifeanyi Ubah FC remains in the thick of action. Upon his release, he wasted no time picking the PDP nomination form. He remains unfazed by the prospects of a battle with some household names in the state’s political terrain, including a, former minister of aviation, Stella Oduah, and a former member of the House of Representatives, Lynda Ikpeazu.

    Armed with a seemingly unlimited war chest, Ubah has been traversing the length and breadth of the state to shore up support for his ambition. While his shot at the seat in 2014 ended with him eating the humble pie, those who should know are of the opinion that he has learnt from that experience and is leaving no stone unturned to ensure better fortunes this time.

  • Oil mogul Ifeanyi Ubah released by DSS

    Oil mogul Ifeanyi Ubah released by DSS

    The Managing Director of Capital Oil and Gas Limited, Dr. Ifeanyi Ubah, has been released from the Department of State Service (DSS) custody.

    Reports said Ubah was released “unconditionally” on Tuesday night.

    Ubah was arrested few weeks ago over alleged theft of petroleum products kept in his tank farm by the Nigerian National Petroleum Corporation (NNPC).

  • Fuel diversion: Court extends Ubah’s detention for 14 days

    Fuel diversion: Court extends Ubah’s detention for 14 days

    A High Court of the Federal Capital Territory (FCT) sitting in Jabi on Thursday granted an order for the Department of State Services (DSS) to further detain the Chairman of Capital Oil and Gas Limited, Ifeanyi Ubah for 14 days.

    Justice Yusuf Halilu gave the order while ruling on an ex-parte application filed by the DSS, which claimed it was yet to conclude its investigation into the case involving Ubah and needed an extension of the detention order.

    The judge had on May 10 granted a similar order to the DSS, permitting the agency to detain the Capital Oil and Gas chief pending the conclusion of investigation into alleged diversion of N11 billion worth of petrol by the businessman.

  • Court orders Ifeanyi Ubah’s release from DSS custody

    Court orders Ifeanyi Ubah’s release from DSS custody

    The Federal High Court in Lagos on Thursday ordered the unconditional release of Capital Oil Limited Chairman, Dr. Ifeanyi Ubah, from the Department of State Services (DSS) custody.

    Justice Mohammed Idris said Ubah’s detention without charge was illegal.

    He directed the DSS to file a criminal charge against Ubah within 48 hours if it has a case against him or release him with no conditions attached.

    Ubah has been in detention for weeks over allegations that he diverted petroleum products stored in his tank farm by the Nigerian National Petroleum Corporation (NNPC).

    “Security agencies must understand that they are not instruments of debt recovery,” Justice Idris held.

    He also said the DSS lied on oath in a bid to justify Ubah’s detention, describing it as unfortunate.

  • Ubah’s diversion of N11b PMS meant to cause artificial scarcity – DSS

    Ubah’s diversion of N11b PMS meant to cause artificial scarcity – DSS

    …Says offence punishable by death

     

    The Department of State Services (DSS) said Tuesday that detained businessman, Ifeanyi Ubah was plotting to plunge the nation into economic and social crises by creating artificial scarcity of petroleum product with his alleged diversion of the over 80million litters stored in his facility.

    The DSS said the alleged diversion of the product by Ubah was not only stealing, but an attempt to cripple the nation’s economy (petroleum being the main source of the nation’s revenue), act punishable by death under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    A lawyer to the DSS, G. Agbadua said these while arguing a counter-affidavit filed by his client in opposition to an application by Ubah, seeking the vacation of an order granted to the DSS on May 10 for his detention for 14 days pending the completion of investigation.

    Ubah has been in DSS’ custody since his arrest earlier this month following complaint by the Nigerian National Petroleum Corporation (NNPC), alleging that the businessman diverted the over 80million litres kept in the tank farm of his company, Capital oil and Gas limited based in Lagos.

    The DSS said Ubah’s continued detention is based on the order granted by Justice Halilu Yusuf of the High Court of the federal Capital territory (FCT) in Jabi, an order which Ubah has applied to be set aside, arguing, among others, that the court was misled by the DSS, which allegedly surprised material facts from the court.

    Agbadua, in a written address he adopted yesterday, contended that, as against the argument by Ubah that the diversion was purely a civil case; his action was criminal and was allegedly intended to threaten the nation’s economy.

    While justifying the DSS’ involvement in the case, Agbadua argued that the alleged offence falls within such issues that the DSS could investigate. He said the act was not only punishable under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004, but also under Section 383 of the Criminal Code.

    Agbadua stressed, in his written statement, that: “The action of the respondent (Ubah) to sabotage the distribution of petroleum products is a capital offence under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    “The act of the respondent was capable of plunging the country into chaos as a result of scarcity of product had the NNPC not taken a proactive step to forestall such situation. This clearly brings the action of the respondent under the provision of the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    “The punishment of sabotage under this Act attracts death penalty.  It is clear that the respondent was arrested for the conversion of the property of NNPC. It is not just an ordinary stealing, it is stealing of the lifeblood of the nation.

    “Oil is the major source of revenue of the Federal Government. Stealing of the revenue is a crime against the economic interest of Nigeria and therefore, falls within the purview of economic threat of national security dimension,” Agbadua said.

    He said the gravity of the alleged offence informed why a diligent investigation was required to ensure prompt prosecution of the respondent, a position which informed why the applicant (DSS) sought the permission of the court to detain him pending the conclusion of investigation.

    The DSS explained its involvement in the case in its counter-affidavit, in which it said that “the respondent was arrested on reasonable suspicion of his involvement in the commission of crime. He converted PMS belonging to the NNPC kept in the custody of his tank farm to his personal use.

    “The respondent refused to return the PMS to NNPC after repeated demands. The PMS is worth over N11billion. The action of the respondent is affecting the distribution of petroleum products to the populace.

    “The action of the respondent is sabotage of NNPC’s activities as it relates to distribution of petroleum products. If not for the urgent steps taken by the Federal Government, the action of the respondent would have plunged the country into widespread scarcity with its attendant effect on the economy.

    “Petroleum is the lifeblood of Nigerian economy. NNPC is a major stakeholder in the petroleum industry in Nigeria. An attack on the Nigerian economy is an economic threat of national security dimension. The Nigerian populace will suffer untold hardship if NNPC is unable to discharge its statutory responsibilities, including distribution of petroleum products as well as generating revenue for the country.

    “The action of the respondent, if not checked, is capable of undermining the NNPC in the discharge of its duties.  Investigation into the activities of the respondent Is yet to be completed. A premature released of the respondent will adversely impact on the investigation, which is nearing completion.”

    Arguing Ubah’s application earlier, his lawyer, Mrs. Ifeoma Esom prayed the court to either set aside its order of May 10 or order her client’s release because his continued detention was unjustified.

    She argued that the issue on which he was being held was purely civil and contractual, and in respect of which provisions have been made for penalty in the case of default.

    Mrs Esom stated that Capital Oil and Gas has been one of the largest “throughput provider” for the NNPC   for a long time and that providers of such services are allowed to either convert or divert products kept with it as long as it can re-deliver the product within seven days or to pay penalty for non-redelivery.

    “The failure to re-deliver is expressly stated by the contract to be a mere breach of contract, remediable by the payment of penalty to the owner.

    “There can therefore be no issue of crime in conversion of products under a throughput contract (regardless of the ordinary connotations of those words,” Mrs. Esom said.

    After listening to the lawyers, Justice Yusuf adjourned to May 25 for ruling.

     

  • Court to decide Ifeanyi Ubah’s release Thursday

    Court to decide Ifeanyi Ubah’s release Thursday

    A High Court of the Federal Capital Territory (FCT) in Jabi will rule Thursday on the application by businessman, Ifeanyi Ubah seeking the vacation of its earlier order granting the Department of State Services (DSS) permission to detain him.

    Justice Haliru Yusuf gave the date while adjourning proceedings in the case earlier today after listening to lawyers representing parties argued for and against the application.

    Ubah, who was arrested by the DSS, is being detained by the agency upon an order for detention for 14 days (in the first instance) granted it on May 10 this year, by the court.

    The businessman is being detained over allegation of his involvement in acts amounting to economic sabotage by purportedly diverting petroleum motor spirit (PMS) stored in his tank farm by the Nigerian National Petroleum Corporation (NNPC), estimated at over N11billion.

    Details later…

  • N11bn alleged fuel theft: DSS fails to produce Ifeanyi Ubah, files objection

    N11bn alleged fuel theft: DSS fails to produce Ifeanyi Ubah, files objection

    The Department of State Services (DSS) yesterday failed to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, as ordered by Justice Mohammed Idris of the Federal High Court in Lagos.

    The DSS instead filed a preliminary objection, challenging the court’s jurisdiction to entertain Ubah’s suit.

    Its lawyer, Mr Peter Oluremodu, said Ubah was not produced because there was an order to detain him for 14 days issued by a Federal Capital Territory High Court.

    He said the DSS obtained the order in line with the provisions of the Administration of Criminal Justice Act (ACJA) 2015.

    Justice Idris had on May 9 ordered the DSS to produce Ubah in court to show cause why he should not be released unconditionally.

    But, Ubah’s lawyer, Mr Raphael Oluyede, urged Justice Idris to hold that the DSS violated his order by not producing Ubah in court yesterday.

    He said the FCT High Court’s order was obtained to frustrate Justice Idris’ order, adding that it amounted to a challenge of the court’s majesty.

    “The respondents have not shown cause as why they failed to comply with your lordship’s order. Instead, they took steps to subvert the order. They acted in contempt of that order.

    “The court in Abuja was not informed about the order to produce him in Lagos. Their preliminary objection is not relevant to the consideration of whether they have obeyed the order to produce him.

    “I urge your lordship to consider the dignity of the court as paramount and to order Ubah’s unconditional release,” he said.

    Oluyede said Ubah was first arrested by the Economic and Financial Crimes Commission (EFCC) on March 19 and was released on April 14, after three weeks in detention.

    He said Ubah was “coerced” to sign a document acknowledging indebtedness to the Nigeria National Petroleum Corporation (NNPC) and to pledge some of his assets.

    He said the EFCC also forced him to withdraw a fundamental rights suit he filed before he was released.

    He said after Ubah’s release, he approached the court again to stop his re-arrest.

    Oluyede said when the DSS invited Ubah, he wrote the agency about his pending suit.

    The lawyer said the DSS arrested his client despite being told about the suit.

    He accused the DSS of abusing its powers and urged the court to hold that Ubah’s detention was contemptuous.

    Ruling, Justice Idris held that it would be wrong for him to order for Ubah’s release since a court of coordinate jurisdiction had issued an order that he be detained for 14 days.

    Justice Idris said his records show that the DSS was served with his order on May 10.

    “It appears that on the same date, i.e, May 10, 2017, the fourth and fifth respondents (DSS and its Director-General) obtained from an FCT High Court an order allowing them to detain the first applicant (Ubah) in their custody for an initial period of 14 days pending the completion of investigation.

    “It is clear that there is a direct conflict between the order of this court and the order of my learned brother, Y. Haliru J. A conflict situation has been created. It is sad and unfortunate.

    “Courts of coordinate jurisdiction have been cautioned in situations like this. I will in the circumstances of this case and the pronouncements of the learned Law Lords of the Supreme Court, act ex abundanti cautela (Latin phrase for ‘out of abundant caution’).

    “I will not make any order that will have the effect of neutralising the orders made by the FCT High Court. There must be discipline in the law. I insist on discipline in the law.

    “In the light of the orders of the FCT High Court made on the 10th of May 2017, I will not make an order for the release of the applicant.

    “Since the parties in this case have been served and the matter had been adjourned till the 18th day of May 2017, I shall adjourn till the 18th day of May 2017 when the substantive suit and all objection on jurisdiction will be taken together. This is the order of the court.”

    Ubah prayed the court to compel DSS release him from its custody.

    The EFCC, the DSS Director-General, NNPC and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

    The DSS arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.

    “So far, it has been established that the products stolen amount to over N11billion,” the DSS said in a statement.

    In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

    Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the product’s owner or to pay a penalty for non-re-delivery”.

    According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act for which Ubah should be arrested.

    “The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

    Oranuba also said NNPC was indebted to Capitol Oil in “excess of N13billion”, yet the company did not call law enforcement agencies to collect the debt.

  • ‘N11b fuel theft’: DSS fails to produce Ubah, files objection

    ‘N11b fuel theft’: DSS fails to produce Ubah, files objection

    …Gets fresh order to detain businessman

     

    The Department of State Services (DSS) Friday failed to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, as ordered by Justice Mohammed Idris of the Federal High Court in Lagos.

    The DSS instead filed a preliminary objection challenging the court’s jurisdiction to entertain Ubah’s suit.

    Its lawyer Mr Peter Oluremodu said Ubah was not produced because there was an order to detain him for 14 days issued by a Federal Capital Territory High Court.

    He said the DSS obtained the order in line with the provisions of the Administration of Criminal Justice Act (ACJA) 2015.

    Justice Idris had on May 9 ordered the DSS to produce Ubah in court to show because why he should not be released unconditionally.

    But, Ubah’s lawyer, Mr Raphael Oluyede, urged Justice Idris to hold that the DSS violated his order by not producing Ubah in court yesterday.

    He said the FCT High Court’s order was obtained to frustrate Justice Idris’ order, adding that it amounted to a challenge of the court’s majesty.

    “The respondents have not shown cause as why they failed to comply with your lordship’s order. Instead, they took steps to subvert the order. They acted in contempt of that order.

    “The court in Abuja was not informed about the order to produce him in Lagos. Their preliminary objection is not relevant to the consideration of whether they have obeyed the order to produce him.

    “I urge your lordship to consider the dignity of the court as paramount and to order Ubah’s unconditional release,” he said.

    Oluyede said Ubah was first arrested by the Economic and Financial Crimes Commission (EFCC) on March 19 and was released on April 14, after three weeks in detention.

    He said Ubah was “coerced” to sign a document acknowledging indebtedness to the Nigeria National Petroleum Corporation (NNPC) and to pledge some of his assets.

    He said EFCC also forced him to withdraw a fundamental rights suit he filed before he was released.

    He said after Ubah’s release, he approached the court again to stop his re-arrest.

    Oluyede said when the DSS invited Ubah, he wrote the agency about his pending suit.

    The lawyer said the DSS arrested his client despite being told about the suit.

    He accused the DSS of abusing its powers, and urged the court to hold that Ubah’s detention was contemptuous.

    Ruling, Justice Idris held that it would be wrong for him to order for Ubah’s release since a court of coordinate jurisdiction had issued an order that he be detained for 14 days.

    Justice Idris said his records show that the DSS was served with his order on May 10.

    “It appears that on the same date, ie, May 10, 2017, the fourth and fifth respondents (DSS and its Director-General) obtained from an FCT High Court an order allowing them to detain the first applicant (Ubah) in their custody for an initial period of 14 days pending the completion of investigation.

    “It is clear that there is a direct conflict between the order of this court and the order of my learned brother Y. Haliru J. A conflict situation has been created. It is sad and unfortunate.

    “Courts of coordinate jurisdiction have been cautioned in situations like this. I will in the circumstances of this case and the pronouncements of the learned Law Lords of the Supreme Court, act ex abundanti cautela (Latin phrase for ‘out of abundant caution’).

    “I will not make any order that will have the effect of neutralising the orders made by the FCT High Court. There must be discipline in the law. In insist on discipline in the law.

    “In the light of the orders of the FCT High Court made on the 10th of May 2017, I will not make an order for the release of the applicant.

    “Since the parties in this case have been served and the matter had been adjourned till the 18th day of May 2017, I shall adjourn till the 18th day of May 2017 when the substantive suit and all objection on jurisdiction will be taken together. This is the order of the court.”

    Ubah prayed the court to compel DSS release him from its custody.

    The EFCC, the DSS Director-General, NNPC and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

    The DSS arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.

    “So far, it has been established that the products stolen amount to over N11billion,” the DSS said in a statement.

    In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

    Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the product’s owner or to pay a penalty for non-re-delivery”.

    According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act for which Ubah should be arrested.

    “The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

    Oranuba also said NNPC was indebted to Capitol Oil in “excess of N13billion”, yet the company did not call law enforcement agencies to collect the debt.

     

  • N11b fuel ‘theft’: Court orders DSS to produce Ubah

    N11b fuel ‘theft’: Court orders DSS to produce Ubah

    The Federal High Court in Lagos Tuesday ordered the Department of State Services (DSS) to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, on Friday.

    Justice Mohammed Idris ruled on an ex-parte application by Ubah through her counsel, Mrs. Ifeoma Esom.

    The businessman is praying the court to compel DSS release him from its custody.

    Esom argued that unless the court orders the applicant to be produced in court within 48hours, the DSS and the Economic and Financial Crimes Commission (EFCC) would continue to keep him in their custody.

    She said they may “coerce him into acceding to whatever conditions they impose on him in exchange for his freedom”.

    The EFCC, the DSS Director-General, Nigeria National Petroleum Corporation (NNPC) and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

    The Service arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.

    “So far, it has been established that the products stolen amount to over N11billion,” the DSS said in a statement.

    In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the DSS acted in disregard of “the constitutional doctrine of separation of power and sanctity of the judicial process”.

    According to him, the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

    “Notwithstanding the pendency of this suit and the service of the originating process as aforesaid, the respondents again invited Ubah to report to their offices in respect of the same allegations made by the NNPC and AMCON, which is the subject matter of the instant suit,” Oranuba said.

    Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the products owner or to pay a penalty for non-re-delivery”.

    According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act.

    “The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

    Oranuba also said NNPC was indebted to Capitol Oil in “excess of N13billion”, yet the company did not call law enforcement agencies to collect the debt.

    The DSS claimed Ubah had further engaged “in other activities inimical to national security and public order”.

    “In furtherance of his gimmicks to undermine the government and people of Nigeria, he has incited members of the Petroleum Tanker Drivers (PTD), a critical player in the downstream sub-sector of the Petroleum Industry, to refuse/stop the lifting of products,” it said.

    But, the PTD wing of the National Union of Petroleum and Natural Gas Workers (NUPENG) faulted the DSS over the allegation, saying no individual or institution can be allowed to use tanker drivers to cause economic sabotage.

    The union, in a statement by its national chairman, Otunba Salmon Oladiti, dismissed the allegation as “baseless and unfounded”.