Category: Nigerian Tribune

In the context of section 11(5) and (6) of the Oil Pipelines Act, the words ‘damages’ and ‘compensation’ carry identical connotations and can be used interchangeably. In the instant case, the appellant contended that by section 11(5) and (6) of the Oil Pipelines Act, the respondents could only seek compensation and not damages which they sought in their writ of summons and statement of claim. The use of ‘damages’ in the respondents’ claim did not in any way affect the validity or competence of their claim. Hence, the respondents complied with the provisions of the Act and their claim was rightly entertained by the trial court. The argument of the appellant was rather pedestrian.

On Meaning and Application of Doctrine of Exhaustion of Local Remedies:

The doctrine of exhaustion of local remedies postulates that a party must exhaust all internal remedies donated to him by a statute, before approaching a court for redress. Where a party ignores them, his action would be declared premature and incapable of activating the jurisdiction of the court to entertain the action. The philosophical basis for the doctrine is, inter alia, to prune down the quantum of disputes that inundate the court for judicial determination. In essence, the doctrine is similar to an alternative dispute resolution mechanism which litigants are enjoined to embrace.

On Onus of Proof of Malicious Act of Third Party:

The defence of malicious act of a third party is provided in section 11 of the Oil Pipelines Act. B y virtue of sections 133(2), 136(1) and 140 of the Evidence Act 2011, the evidential burden of proof, vis-a-vis the malicious act of a third party, rests squarely on the shoulder of the person alleging the act; in this case, the appellant. This is because the appellant was the one who wished the court to believe in the existence of a particular fact, malicious act of a third party, which fact was within its knowledge.

On Onus and Standard of Proof of Malicious Act of Third Party:

The defence of malicious act of a third party, which translates to illegal oil bunkering, as typified and exemplified in DW2’s evidence-in-chief in the instant case, is a criminal act which the law demands must be proved beyond reasonable doubt by virtue of section 135(1) of the Evidence Act, 2011. In the instant case, the appellant claimed it reported the incident to the police, yet no police report of investigation pinned the cause of the spillage to a third party. The report was a causa sine qua non for proof of the hostile act of a third party. There was a drought of evidence to demonstrate that the leakage was occasioned by the malicious act of a third party to absolve the appellant from a liability. Thus, the onus probandi, which the law thrusts on the appellant alleging the defence of malicious act of a third party was not discharged, and therefore the defence remained unproved.

On Effect of Successful Proof of Malicious/Hostile Act of Third Party in Oil Spillage:

A party who pleads malicious/hostile act of a third party and proves it, is exculpated from any liability associated with injurious affection of oil leakage/breakage.

The Meaning of Damages:

Damages have been defined as the pecuniary compensation which the law awards to a person for the injury he has sustained by reason of the act of default of another, whether that act or default is a breach of contract or tort.

The Meaning of Compensation and Whether it Amounts to Damages:

Compensation connotes payment of damages, or any other act that a court orders to be done by a person who has caused injury to another. Compensation and damages amount to the same thing in their significance. They are synonymous and co-extensive, and are not mutually exclusive. Thus, it is not an affront to the law to deploy the two terms interchangeably in the temple of justice. Section 11 of the Oil Pipelines Act employs the two words interchangeably. In the instant case, the respondents’ claim of damages, in lieu of compensation, was not contrary to the provision of section 11 of the Oil Pipelines Act as to defeat their case. The claim in damages was cognizable in law.

The Meaning of Special Damages:

Special or particular damages are those damages which are the actual, but not necessary, result of the injury complained of but follow it as a natural and proximate consequence in a particular case; that is, by reason of special circumstances or conditions. In the instant case, the respondents’ claim was rooted in special damages.

The Need for Special Damages to be Specially Pleaded and Strictly Proved:

Special damages must be specifically pleaded with particulars and strictly proved. By strict proof, the law means that a party claiming special damages should establish his entitlement to them by credible evidence of such a nature and character that would suggest he is entitled to them.

The Need for Special Damages to be Strictly Proved:

An admission by an opponent party of special damages does not relieve a claimant from strict proof thereof.

On When Court Will Award Both Special and General Damages:

Where a party is able to show, or where it is glaring from the surrounding circumstances of the case and the nature of the injury suffered by the party that special damages would not adequately compensate for all the loss, the court must go ahead to award both special and general damages and this cannot be termed double compensation. Within the concept of where there is a wrong, the court must provide a remedy. In the determination of disputes and in the consideration of the matter before the court, where the claimant occasioned incidental loss, injuries, costs and other consequences resulting from the misconduct of the defendant, the court is obliged to make an assessment in general damages with the standard of the reasonable man. By the pleadings and evidence in the instant case, both special and general damages were proved with preponderance of evidence.

What Amounts to Family Land:

By definition, family land is land which vests in a group of persons and their children. It could also refer to land which had vested upon individuals who have descended from a common ancestry or pedigree, and including those such as domestics and strangers who have been incorporated into the family by the founder. At the death of the founder, all the empty land, farm land and houses acquired by him in his lifetime become family property. In plain language, the land belongs to the family of the said founder as a corporate entity in which case they become inalienable or they become distributable to the members of the founder’s family as defined by him during his lifetime. Hence, a family land belongs to a ‘vast family of which many are dead, few are living and countless members unborn’.

The Connotation of Family and Right Thereof to Own Land as Such:

In the realm of etymology, a family connotes:

(a) a group of persons connected by blood, by affinity, or by law, especially within two or three generations;

(b) a group consisting of parents and children;

(c) group of people who live together and usually have a shared commitment to a domestic relationship.

A family is thus a conglomeration of individual citizens, and the law does not discriminate against a family of the right to own/hold land.

Who can Sue to Protect Family Property:

A family member is clothed with an unbridled licence to sue and protect a family land/property against any wrongful interference therewith, with or without the consent of other members of the family. In the instant case, the respondents exercised their legitimate right by approaching the court to ventilate their nursed grievances over the injuries suffered from the spill in the appellant’s oil pipeline. In that regard, the respondents disclosed categorically in paragraph 1 of the statement of claim that they ‘are bringing this action for themselves and as representatives of Okeh family members affected by the Shell Petroleum Development Company Nigeria Limited Oil Spillage at Eneka.’ That averment clearly answered and doused the appellant’s query on the absence of members attached to Okeh Family. It was of no moment that the word ‘members’ was a prefix or suffix to Okeh Family. The bottom-line is its existence. It was part of the agitation of the appellant that there was no common interest and grievance between the representatives and the represented. The evidence on record demonstrated that the respondents’ occupation was farming and they did their farming and other economic activities in and around their large tract of land which was polluted by the oil spillage flowing from the pipeline of the appellant. There was an existential commonality of interest and grievance between the respondents on record, the representatives, and the Okeh Family members, the represented, which sustained a representative action.

There was jubilation in Ikole-Ekiti, headquarters of Ikole Local Government Area of Ekiti State, as the Elekole of Ikole-Ekiti, Oba Adewumi Fasiku, returned to his palace after spending nearly five years abroad for medical treatment.

The monarch, who travelled overseas in August 2021 to receive specialised medical care, arrived in the town to a rousing welcome from traditional chiefs, community leaders, youths, market women and hundreds of jubilant residents who thronged major streets to receive him.

His convoy was accompanied by cheers, songs of praise and prayers as excited indigenes waved and celebrated the monarch’s safe return.

Oba Fasiku’s homecoming marks the end of a prolonged absence that generated concern among many indigenes.

The Nigerian Tribune gathered that throughout the period, the traditional institution remained stable, as the affairs of the kingdom were overseen by the Elekole-in-Council, led by senior chiefs, who ensured continuity in the administration of the town.

Addressing the crowd shortly after arriving at the palace, the monarch expressed gratitude to God for preserving his life and granting him complete recovery.

He described his return as a testimony to divine mercy and the unwavering prayers of the people of Ikole-Ekiti.

‘I give all the glory to Almighty God, who has been faithful throughout this challenging period. It is by His grace that I am back home today in good health. I sincerely appreciate every indigene of Ikole-Ekiti, at home and in the diaspora, for standing by me with prayers, love and encouragement while I was away,’ the monarch said.

Oba Fasiku also commended members of the Elekole-in-Council, and other traditional rulers for their loyalty, wisdom and commitment in ensuring peace and stability in the community during his absence.

‘I must specially thank the chiefs and members of the Elekole-in-Council for the maturity, dedication and sense of responsibility they demonstrated. They protected the sanctity of the traditional institution and worked to preserve the peace, unity and dignity of our kingdom,’ he added.

The monarch pledged to devote himself to the progress of the kingdom, assuring residents that he will continue to promote peace, strengthen unity among the people, as well as collaborate with government, investors and development partners to attract more projects to the community.

He noted that his experience during the period of medical treatment has further reinforced the importance of quality healthcare and human development, promising to support initiatives that will improve healthcare delivery, education, youth empowerment and economic opportunities in Ikole-Ekiti.

‘I have returned with renewed strength and a greater determination to serve my people. Our collective aspiration must be to build a more peaceful, united and prosperous Ikole-Ekiti. I appeal to everyone to put aside our differences and work together for the development of our town. With unity, commitment and God’s guidance, we can achieve greater progress,’ the monarch said.

He further urged the indigenes to continue contributing to the development of the community, stressing that the growth of Ikole-Ekiti requires the collective efforts of all stakeholders.

Osun State Governor, Senator Ademola Adeleke, on Tuesday commissioned the newly dualised Akoda – Baptist High School – Oke Gada Road, a 9-kilometre project carried out by his administration.

Speaking at the commissioning programme, the governor said the installation of solar lighting along the road would also improve nightlife and security in the area.

According to him, the project was part of his administration’s agenda of infrastructure renewal across all zones of the state.

‘What we are doing in Osogbo, we are doing in Ila, in Iwo, Ile Ife, Ilesha and now in Ede,’ he said, and commended the Ministry of Works and the contractors for delivering quality work in line with best standards.

Governor Adeleke, who described the commissioning as another historical day for Osun State and for the good people of Ede, called it a ‘promise kept’ and ‘governance that touches the heart.’

‘This road is very strategic to Ede,’ the governor said. ‘It links major residential areas, schools, market, and connects to roads leading to Osogbo and Ibadan metropolis.’

He noted that for too long, residents of Ede, a town he described as one of ‘scholars, warriors and entrepreneurs,’ had suffered from poor road network and traffic congestion.

‘With this dualised road, movement within Ede will be faster and safer; business along Akoda, Cottage, Oke Gada will grow; students and workers will get to school and work on time,’ Adeleke stated.

Also speaking, the Director of Highways, Engr. Maruf Ojebode, provided technical details of the project, saying it was awarded in November 2023 for a one-year duration and was completed in December 2024.

‘Phase 1 is 5.4km from Akoda to Baptist High School, contracted to Messrs Great Enyork Technology Ltd. Phase 2 is 3.6km from Baptist High School to Oke Gada awarded to Messrs Engineec Integrated Engineering Ltd,’ Ojebode explained.

He disclosed that the dual carriageway is 9.3 metres on both sides, with a 1.5-metre walkway on either side and a 1.2-metre centre median that houses solar-powered streetlights for proper illumination.

The Director said geotechnical investigation, traffic counts and hydraulics studies were conducted before work began, and that the design meets Federal and Osun State highway standards.

‘This project is clear evidence of the present administration’s commitment to infrastructure development in all parts of Osun,’ he said, while appealing to residents to protect the road by avoiding dumping refuse in drains and trading on walkways.

In his own remarks, Timi of Ede, Oba Munirudeen Lawal, used the occasion to address the August 15 governorship election, making a direct appeal to President Bola Tinubu.

‘We are using this opportunity to appeal to President Bola Tinubu not to rig the governorship election; he should leave us alone and allow each of us to vote where we so desire,’ the monarch said, declaring that ‘by the grace of God, the Accord Party will be victorious.’

Oba Lawal, however, stressed, ‘My people of Ede, this August 15 election, we must vote massively. We will use Ede’s vote to pay deficit from other local government areas of Osun state.’

Buying a piece of land in Nigeria without proper government documentation is like driving a brand-new car on a busy highway without a valid license. Many hardworking property owners across the country hold basic purchase receipts or local family agreements that lack true legal backing, leaving their valuable investments exposed to land grabbers, double allocation, and endless court battles.

According to official reports from the Federal Ministry of Housing and Urban Development, over 97 percent of land across Nigeria remains untitled and unregistered.

Furthermore, statistical data published by the National Bureau of Statistics reveals that over 71 percent of landlords across the nation operate without a genuine Certificate of Occupancy.

This massive legal gap means millions of citizens hold valuable assets that cannot be used as bank collateral or guaranteed in legal disputes.

Essential requirements needed during the window

To fix your land title flaws during this crucial verification window, you must gather your basic property documents and submit them for proper legal processing.

The government has simplified the registration steps to ensure every citizen can complete the process easily without falling victim to extortion or endless bureaucracy.

First, property owners must present a valid Deed of Assignment or Transfer Deed, which clearly proves that you bought the property legally from the original seller.

Second, an official survey plan prepared by a registered surveyor is required to confirm the precise coordinates and location of the land.

Lastly, applicants must attach proof of tax clearance and government-issued identification to finish the legal title perfection process.

How to protect your real estate assets for the future

Completing this title perfection process through the Federal Ministry of Housing and Urban Development website gives your real estate complete immunity against future disputes.

Once your land details are officially indexed and registered, your ownership becomes a bulletproof public record that guarantees safety in any Nigerian court.

Landowners who ignore this three-month grace period risk facing severe financial losses, expensive litigation, or losing their property rights entirely.

Taking prompt action today is the smartest way to protect your hard-earned money and secure a lasting inheritance for your family.

The Inspector-General of Police (IGP), Olatunji Disu, is expected to produce the self-styled Director-General of the alleged Presidential Foreign Intervention Promotion Council/Presidential Economic Advisory Council (PFIPC/PEAC), Prince Adeniyi Adeyemi Mathew, before the House of Representatives Ad-hoc Committee investigating the inclusion of the purported council in the 2026 Appropriation Act.

The committee is scheduled to continue its investigation on Wednesday.

The directive was issued on Monday by the Chairman of the Ad-hoc Committee, Hon. Yusuf Gagdi, at the close of an investigative hearing attended by the Accountant-General of the Federation, Shamseldeen Babatunde Ogunjimi.

Also expected to appear before the committee are 12 officials drawn from the Office of the Head of the Civil Service of the Federation, the Office of the Accountant-General of the Federation, the Office of the Secretary to the Government of the Federation and other agencies linked to the alleged scandal.

Gagdi disclosed that the committee had received a security report identifying officials allegedly connected with the matter.

He acknowledged that the National Assembly also has questions to answer over how the controversial provision made its way into the 2026 budget.

According to him, the investigation is aimed at identifying institutional weaknesses and recommending measures to prevent similar occurrences in the future.

‘We are not out to witch-hunt anybody. Our objective is to identify the gaps in the various institutions and recommend measures that will block those leakages going forward,’ he said.

Gagdi added that officials of the National Assembly would also be summoned to explain how the budget passed through the legislative process without the alleged irregularities being detected.

‘So what is good for the goose is also good for the gander. As chairman of this committee, I will go to that extent,’ he stated.

The lawmaker said the committee had identified between 10 and 12 serving public officers who would be required to appear before it.

‘We have it in writing that members in the Office of the Head of the Civil Service were complacent in one way or another. We will officially write to you to grant approval for those officers to appear before this committee on Wednesday at 12 noon,’ he said.

He explained that all the affected officials would appear simultaneously to ensure fairness during the investigation.

Gagdi further disclosed that the Nigeria Police had submitted five exhibits to the committee, including what he described as a forged Act of the National Assembly and documents relating to the award of a contract for the supply of furniture.

According to him, other documents obtained from the Ministry of Finance were also being examined, while signatures on some of the documents had allegedly been found to be forged.

‘Some of the documents were said to be forged, including one purportedly signed by the Permanent Secretary in the Office of the Secretary to the Government of the Federation, who has expressly denied ownership of the signature.

‘If it is about forged documents, we are dealing with 29 forged documents, and we will get there,’ Gagdi said.

He noted that the committee’s final report would recommend further investigation by the police and other security agencies where necessary.

Among other stakeholders yet to appear before the panel are the Minister of Finance, Mr. Taiwo Oyedele, and the Minister of State for Foreign Affairs, Ambassador Bianca Odumegwu-Ojukwu.

Stakeholders in Kogi State have warned that Africa’s growing sovereign debt burden is denying millions of people access to healthcare, education and other essential public services, calling for sweeping reforms of the global financial system to give developing countries greater fiscal space for development.

The call was made on Tuesday during the Freedom from Debt campaign organised by AIDS Healthcare Foundation (AHF) Nigeria in Sarkin Noma community, Lokoja, where community leaders, youth representatives, traditional rulers and civil society advocates urged international financial institutions to adopt fairer lending and debt repayment policies.

The participants called on international creditors to automatically suspend debt repayments for developing countries affected by pandemics and natural disasters, while also advocating lower interest rates on loans to enable governments invest more in healthcare, education, water supply and other critical infrastructure.

Speaking at the event, a community leader, Mr Nasiru Illiyasu, urged governments to implement the Borrowers’ Forum proposed at the Seville Financing for Development Summit and the G20 South Africa process to strengthen the collective bargaining power of debtor nations.

Youth leader, Idris Yahaya, also called for mandatory pauses on debt servicing during health and climate emergencies to allow countries respond effectively to crises without worsening the welfare of their citizens.

Representing women at the event, Asimau Abdulmalik proposed the introduction of a one per cent Artificial Intelligence Solidarity Levy on AI-related capital and profits to support debt relief initiatives and expand social protection programmes.

The Hakimi of Sarkin Noma, Mallam Bala Musa, commended AHF Nigeria for bringing the campaign to the community, expressing confidence that the debt freedom advocacy would contribute to improving the welfare of rural communities across Africa.

Ambassador Idris Muraina described the campaign as a timely global intervention, urging the World Bank and the International Monetary Fund to ease debt repayment obligations for developing countries.

He said such relief would enable governments to redirect scarce resources to education, healthcare, social welfare and other critical sectors that directly impact citizens’ lives.

Also speaking, the Vice Chairman of the Nigeria Union of Journalists (NUJ), Kogi State Council, Mr Ibrahim Obansa, praised AHF Nigeria for championing the initiative and pledged the support of the media in amplifying the campaign through sustained public awareness.

Participants, however, stressed that debt relief alone would not solve Africa’s development challenges unless governments demonstrate greater transparency, accountability and prudent management of public resources.

Earlier, AHF Nigeria’s Senior Advocacy and Marketing Manager, Mr Steve Aborisade, presented a policy brief titled The Crushing Reality of Sovereign Debt, describing the current global financial architecture as one that is ‘failing by design.’

According to him, low- and middle-income countries pay between two and four times higher interest rates than the United States and as much as 12 times more than Germany when borrowing on international markets.

He added that about 3.4 billion people live in countries that spend more servicing debt than they spend on healthcare or education.

Aborisade said AHF and its partners were advocating equitable debt repayment terms and reforms that would create a fairer international financial system, allowing governments in developing countries to invest more in the wellbeing of their citizens.

He said, no country should have to choose between protecting its people and paying an unfair system, urging global leaders to address the sovereign debt crisis with greater urgency.

Aisha Yesufu, rights activist and prominent supporter of Nigerian Democratic Congress (NDC) presidential candidate, Peter Obi, has expressed frustration over what she described as the repetitive nature of media interviews granted by the former Anambra State governor, saying the conversations no longer add anything new to public discourse.

Speaking in a video shared on her social media platform, Yesufu said she felt ‘irritated’ after watching Obi’s recent interview on Channels Television, arguing that the same questions and issues continue to dominate discussions while other presidential contenders receive far less scrutiny.

‘Peter Obi did an interview with Seun yesterday, and honestly, for me, I just feel irritated by the whole thing,’ she said.

‘Usually, when Peter Obi does interviews, there’s that excitement to hear what he’s saying and the issues being discussed. But this particular one-and maybe going forward I’ll have the same feeling-it’s just irritation because it’s the same conversation again and again.’

According to her, she reviewed the interview expecting fresh insights but found that nearly every issue raised had been addressed repeatedly in previous engagements.

‘I don’t think there was any question Seun asked Peter Obi that has not already been asked. I don’t think there was anything new. Usually, I pick one or two issues from his interviews and discuss them, but this time I couldn’t find anything we haven’t already heard,’ she further noted.

Yesufu argued that Obi continues to face extensive questioning on issues such as insecurity, the economy, and governance, while other political figures are not subjected to similar public scrutiny, specifically referencing President Bola Tinubu, who she said has not been made equally available for probing interviews.

‘But we waste our time because, again and again, more pressure is being put on Peter Obi to be the one to come out and explain to the people what he wants to do about insecurity, the economy, and every other issue. Meanwhile, other candidates are not being subjected to the same level of questioning. They’re not coming out to do interviews.

‘Looking at someone like Mr Bola Ahmed Tinubu, the former governor of Lagos State, who rigged the election and got himself sworn in, nobody is asking him tough questions. He’s not in front of the camera. He’s not being judged. He’s just going about freely, doing his own business.

‘Yet the one person who has been out there speaking to the people is the one from whom more and more is demanded. And it’s not even about asking more questions. Can you at least ask different questions instead of repeating what we’ve heard all this while? Can we have conversations that explore something new?’ the activist asked.

Continuing, the activist also criticised attempts by political opponents to revive previous controversies surrounding Obi’s tenure as governor of Anambra State, particularly comments regarding the appointment of commissioners.

She maintained that Obi had repeatedly clarified that he was referring to Commissioners of Police, whom he said were predominantly northern Muslims during his administration, and not members of his state executive council.

According to Yesufu, critics continue to misrepresent those remarks despite his repeated explanations.

She urged Nigerians to shift their attention from repeatedly interrogating Obi to focusing on the broader political process and ensuring credible elections.

‘I don’t think there’s anything about Peter Obi that Nigerians still need to know that they haven’t already heard.

‘Our focus should be on ensuring that he gets into office and then holding him accountable afterwards,’ she urged.

Yesufu argued that citizens often lose opportunities for political change because they become consumed by doubts and endless debates instead of taking decisive action.

She said Nigerians should elect leaders through credible elections and remain prepared to hold them accountable if they fail to deliver on their promises.

The activist, however, warned that the country faces serious economic and governance challenges that require urgent attention rather than repetitive political conversations.

‘So, for me, honestly, looking at all these interviews and seeing the same conversations repeated over and over again is really irritating.

‘I think a lot of our people do not understand where we are as a country or the seriousness of the challenges we face,’ Yesufu added.

Gallant troops of Sector 2, Joint Task Force North West, Operation FANSAN YAMMA (JTF NW OPFY), have rescued a kidnapped victim, arrested suspects in coordinated raids and recovered 126 rustled livestock in separate operations in Katsina State.

This was contained in a statement made available to journalists in Abuja on Thursday by the Media and Information Officer of the Joint Task Force (North West), Operation FANSAN YAMMA, Lieutenant Aliyu Danja.

According to the statement, ‘In the early hours of 26 July 2026, troops, working with the Katsina State Community Watch Corps, responded to a distress call at Karkata Village, Charanchi Local Government Area.

‘The soldiers engaged the terrorists with superior firepower, forcing them to abandon their victim.’

It stated that the rescued woman was safely reunited with her family.

The statement further disclosed that, in a separate operation, troops partnered with the National Drug Law Enforcement Agency (NDLEA) to conduct raids in Wagin, Tundu Mobi and Chadawaki in Batsari Local Government Area.

It stated that the operation led to the arrest of suspects and the recovery of a locally fabricated weapon and five cartridges. The suspects and the recovered exhibits were handed over to the NDLEA for further investigation.

According to the statement, ‘Acting on credible intelligence, troops laid an ambush at Yankwani Village, Bakori Local Government Area, targeting terrorists attempting to move stolen livestock.’

It added that, under sustained pressure, the criminals fled and abandoned 126 animals, comprising 83 cows and 43 sheep.

The statement further noted that the livestock had been handed over to the Bakori Peace Keeping Committee for identification and return to their rightful owners.

It added that the Theatre Commander of JTF North West commended the gallantry and vigilance of the troops and reaffirmed the command’s commitment to sustaining offensive operations against terrorists in the region.

ONGOING efforts by the Federal Government to strengthen the nation’s anti-corruption have received further legislative backing with the passage of a bill that seeks to protect whistleblowers, as well as widening the extant legislation on forfeiture of suspected assets and assets acquired by proxy.

The legislative framework, which passed through the mandatory Third Reading during last Thursday’s plenary, followed the adoption of the report of the House’s Committee on Financial Crime on the bill, which proposed amendments to the Proceeds of Crime (Recovery and Management) Act, No. 92, 2022 and other matters.

The bill, with 24 clauses, in Clause two, seeks to amend Section 1(c) of the existing law with a new provision, which ‘makes provisions for non-conviction-based forfeiture procedure for the recovery of properties reasonably suspected to be proceeds of crime or unlawful activity;’ and insert a new paragraph ‘(h) to provide legal framework for whistleblowing, witness protection and connected matters.’

The House introduced Clause five to amend the existing Section nine, which stipulates that: ‘An interim order or a preservation order shall be granted by the court to preserve property reasonably suspected to have been derived from unlawful activities and represents instrumentality of unlawful activity or unclaimed property.’

In section five (two), ‘the amendment states that, relevant organisation may, by an ex-parte application, apply to the court for an interim forfeiture or preservation order, where there are reasonable grounds that the property concerned -(a) represents the proceeds of unlawful activity, whether they are – (i) in the hands of the person who unlawfully acquired the property in the first instance, or (ii) traced to any person to whom the property that represents the proceeds have been passed;

(a) is involved in the facilitation of unlawful activity; or

(b) is intended to be used to facilitate unlawful activity.’

The House also approved in Section nine(four) that:

‘Where further property has been acquired as a result of profits accruing from the proceeds of unlawful activity, that further property shall be treated as the proceeds of unlawful activity.’

The new law empowers the court making a preservation order to, at the same time, make any other ancillary orders it considers appropriate ‘for the proper, fair, equitable and effective execution of the interim forfeiture or preservation order.’

The proposed law equally stipulates that: ‘The court in making interim forfeiture or preservation order, shall direct the relevant organisation to publish same in any widely circulating national newspaper to notify any interested party of the order.’

According to the proposed law, any person, who has an interest in the property subject of interim forfeiture or preservation order shall, within 14 days of the publication referred to, file his notice of intention to show cause.

It states that upon the receipt of the notice of intention to show cause, the relevant organisation shall, within seven days, file and serve its motion for final forfeiture of the said property.

The amendment empowers any interested party to, upon the receipt of the motion for final forfeiture, file and serve its counter affidavit within five days. The party shall then be entitled to a reply within three days, while the court shall thereafter hear and determine the application with dispatch.

The proposed law states that the absence of a person whose interest in a property that may be affected by a forfeiture order shall not prevent the court from making an order.

To preserve the value of a forfeited property, the amendment guarantees in the amended Section 13 which deals with the ‘Disposal of property subject to Preservation order,’ that: ‘Where there are reasonable grounds to believe that a property, which is subject to a preservation order, an interim forfeiture may have its value diminished, or be disposed of, destroyed, or damaged, removed contrary to the order or may deteriorate in terms of quality or utility, the relevant organisation shall promptly apply to the Court ex-parte for an order to sell the property at the prevailing market value.’

It permits the relevant organisation to deposit the proceeds from the sale of any property under forfeiture in a designated account opened for that purpose.

The amendment also allows the relevant organisation to appoint an asset manager where a forfeiture order has been made and that the manager is allowed to administer the property and take any act necessary.

The bill provides that the Federal Government shall have and exercise all rights of ownership in every forfeited property without let or hindrance.

In the case of a joint ownership of a suspected property, the bill in Clause 13 also amended Section 25(1) to provide that: ‘Where a person has an interest in property, as a joint owner, his death after an interim forfeiture or preservation order is made in respect of the interest does not, while the order is in force, operate to vest the interest in the surviving joint owner or owners, and the preservation order shall continue to apply to the interest, as if the person had not died.’

In Section 80 of the bill, which focuses on whistleblower protection, the bill provides that: ‘The provision of this Part is to encourage and facilitate whistleblowing, provide legal framework for reporting credible information that will lead to the recovery of properties reasonably suspected to be proceeds of unlawful activity or abandoned properties or properties representing instrumentalities of offence, provide for the protection of whistleblowers; and connected matters.’

It states that where the whistleblower’s information is found credible, the relevant organisation shall proceed to recover the suspected proceeds of unlawful activity or properties.

However, Section 80(d) of the bill states that where the information is found to be false and knowingly so supplied by the whistleblower, the whistleblower shall be guilty of an offense, and shall upon conviction, be liable to a term of imprisonment of two years or a fine of N2million, or both.

Besides, the bill mandates the relevant organisation to protect, secure and resettle, where necessary, whistleblowers whose information led to the recovery of proceeds of unlawful activity or abandoned properties or properties representing instrumentalities of offence.

In line with legislative practice and convention, the bill is expected to be transmitted to the Senate for further legislative action.

Kogi State Governor, Alhaji Ahmed Usman Ododo, has reaffirmed his administration’s commitment to strengthening collaboration with the National Inland Waterways Authority (NIWA) to improve water transportation, enhance safety on the nation’s waterways, and promote economic development.

Governor Ododo gave the assurance while receiving the Chairman of the NIWA Board of Directors, Barr. Mukhtari Shehu Shagari, and members of the authority’s management team at his official residence in Lokoja.

The governor announced that the state government would immediately constitute a joint committee with NIWA to develop a comprehensive roadmap for the sustainable development of inland waterways in Kogi State.

According to him, the roadmap will prioritise the construction and rehabilitation of jetties in rural communities, improve water transport infrastructure, and create employment opportunities for young people across the state.

He expressed appreciation to the NIWA management for the visit, describing it as a significant step towards fostering stronger cooperation between the state government and the authority.

He also expressed optimism that the partnership would accelerate the development of inland waterways in Kogi and across the country.

Earlier, the Chairman of the NIWA Board of Directors, Barr. Mukhtari Shehu Shagari, noted that Kogi State occupies a strategic position due to its extensive inland waterways, which, if properly harnessed, could significantly contribute to the economic growth of both the state and the nation.

He explained that NIWA’s efforts align with President Bola Ahmed Tinubu’s Blue Economy agenda and reiterated the authority’s commitment to working closely with the Kogi State Government to unlock the vast potential of the state’s waterways.

Shagari said NIWA would seek the state’s collaboration in the development and rehabilitation of jetties and landing sites, dredging and maintenance of navigable channels, promotion of safe water transportation, and strengthening security and safety along inland waterways.

He assured Governor Ododo of NIWA’s readiness to partner with the state in transforming Kogi’s waterways into a major driver of sustainable development in line with the Renewed Hope Agenda and the Federal Government’s Blue Economy Vision.

The NIWA delegation included the Acting Managing Director and Chief Executive Officer, Yusuf Umar Girei; General Manager, Human Resources and Administration, Abdullahi Dabai; General Manager, Procurement, Ibrahim Sade; General Manager, Audit, Japhet Maisaje; General Manager, Planning, Research and Statistics, Muazu Dan’azumi; General Manager, Engineering, Engr. Fidelis Ejike; General Manager, Ports and Environment, Engr. Titus Adoga; and Assistant General Manager, Corporate Affairs, Suleiman Makama.