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FG approves N280b for completion of Bodo-Bonny road

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The Federal Government has approved N280b for the completion of the Bodo-Bonny road project with a December 2024 completion deadline to Julius Berger Nigeria (JBN) PLC, the Minister of Works, David Umahi has informed.

The government also condemned the attitude of Reynolds Construction Company (RCC) on the 15km East-West Road project (from Port Harcourt Eleme Junction to Onne Port Junction) for failing to complete even a kilometer of the project despite being mobilized with over N40b.

The contractor has been ordered to resume work with an ultimatum or face the risk of the contract being terminated.

The government said it will no longer entertain discussions on Variation of Price (VOP) on the two projects again.

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In a statement on Wednesday by the Minister’s Special Adviser on Media, Uchenna Orji, the approval of the fund for the completion of the Bodo-Bonny Road was in furtherance of the resolve of President Bola Tinubu to solve the perennial transportation challenges in Bodo-Bonny, South-South Nigeria, and thus enhance the socio-economic prospects of the two communities of Rivers State.

The Minister, while on an inspection tour of project sites on the Southern axis on Wednesday, expressed reservation over the progress of work on the Bodo-Bonny project administration by the contractor, JBN, insisting that the amount of money paid needed to correspond with the project completed.

The Minister was accompanied by Deputy Chief Whip of the Senate Sen. Onyekachi Peter Nwaebonyi, the spokesperson to the Bodo-Bonny Peace Committee, Prof. Jasper Jumbo, and Nigeria LNG (NLNG) representative and Manager Government Relations, Dienye Godson.

While he advised the contractor to work round the clock to beat the project delivery timeline of December 2024, the Minister established that no further excuses would be entertained by the government on the project delivery timeline.

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He also foreclosed discussions on another Variation On Price (VOP), affirming that the Federal Government would not approve further funds for the project for any reason of variation whatsoever.

“And in case the devil comes to play, whatever happens, we are not increasing this project cost. It’s a package, and it’s called lump sum final completion package to Julius Berger to do a beautiful job and attach their name.

“It has been 11 years, and we don’t want it to exceed this year. And so it is in your interest that you cooperate,” he further added during the site visit,

“I will be asking Julius Berger Nigeria Plc, is there anything that the Minister of Works and NLNG will do to fast track this engagement so that we can arrive at the destination by the 15th of December 2024?” the Minister was quoted as saying.

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Umahi, who commended President Tinubu’s commitment towards the completion of the road project, also praised the perseverance of the Bodo-Bonny Peace Committee and the cooperation of the Nigeria LNG (NLNG) that is funding the project.

The Minister also expressed dismay over the attitude of RCC handling the 15km East-West Road (From Port Harcourt Eleme Junction to Onne Port Junction) for the undue delays experienced by the project despite receiving over N40b for the job.

While also warning the contractor that further VOP would no longer be entertained, he said: “We are very sad with the manners and behaviours of this contractor, RCC.

“The Federal Government has paid over N40 billion on this project, and not even one kilometer has been completed. And let me make it very clear that the cost we have given on the review of this project does not attract any VOP.

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“There is no VOP on the project as far as the rates are concerned now.”

According to him, the sufferings of the road users were a source of concern which has resulted in finding means to source funds to maintain the road for the time being pending when the company remobilises to the site.

“So we have to see where we can search for funds and get any contractor around here to maintain the road. We need to maintain the road.

“We need to pity the people. It’s not acceptable what our people are passing through for an excuse from RCC that they are importing machines for the job,” he said.

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Other projects inspected by the Minister were the dualisation of East-West road section II (subsection II) (Ahoada-Kaiama in Rivers/Bayelsa States) being handled by Setraco Nigeria Ltd and the construction of multiple box culverts at flood-damaged locations along the dualization of East-West road (section II) Ahoada-Kaiama in Rivers/Bayelsa States being handled by Messrs. Rock Result Nigeria Ltd.

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Aliko Dangote regrets not buying his favourite club, Arsenal

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By Kayode Sanni-Arewa

The President and Chief Executive of Dangote Group, Alhaji Aliko Dangote, has expressed his regrets for not buying Arsenal when his interest lies with owning a football club.

He said he wished he had bought the English side club when the team was valued at around $2 billion.

Speaking in an interview with Bloomberg’s Francine Lacqua in New York, the billionaire business mogul explained that he missed out on buying Arsenal by committing his resources to the refinery project.

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He said, “I think that time has passed. The last time when we had this interview, I told you as soon as I finished with the refinery, I was going to try and buy Arsenal.

“But you know everything has gone up, and the club too is doing very well, Arsenal is doing extremely well right now. That time, Arsenal wasn’t doing well.

“I think I don’t have that kind of excess liquidity to go and buy a club for $4 billion, so to speak and use it as a promotional something.

“But what I will do is to continually be the biggest fan of Arsenal. I watch their games anytime they are playing. So, I will remain a major supporter of Arsenal, but I don’t think it makes sense today to buy Arsenal.’

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When asked if he regretted not buying when Arsenal’s value was lower, he said, “Actually, I regret not buying it before but you know my money was more needed in completing my project (Dangote refinery) than buying Arsenal. I would have bought the club for $2 billion, but you know I wouldn’t have been able to finish my project. So, It was either I finish my project or go and buy Arsenal.”

Dangote had, in 2020, made known his intention to go for the North London club after his refinery project.

The richest man in Africa, who has now rested his ambition to take over at Emirates Stadium, founded the Dangote Group — the largest conglomerate in West Africa — in 1981

[With report by The Punch]

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Arbitration Tribunal orders Senator Tokunbo Afikuyomi to vacate Abuja property

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…as counsel prays Court not to recognize arbitral awards; property owner joins issues

An Arbitration Tribunal, headed by Miriam Kombo-Ezeh, Esq, has directed Senator Tokunbo Afikuyomi to vacate a property he occupies in Maitama District of Abuja in the Federal Capital Territory.

The Tribunal also directed the former Senator to pay the sum of N11million being profit for the period he occupied the property without taking a new term of lease.

The Senator was further asked to refund all the Arbitration fees he failed or refused to pay at the Tribunal in his unsuccessful attempts and without just cause to frustrate the timely determination of the matter at the Tribunal.

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But Afikuyomi, through his counsel, Seun Awoladi, has filed a suit before a Federal Capital Territory (FCT) High Court in Jabi area of Abuja, presided over by Justice Babangida Hassan for non-recognition of the arbitral awards.

The property owner, one Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.

When the matter came up on Monday, September 23, 2024 for hearing, the court granted the oral application by counsel to Prince Ataiyero to withdraw a motion on notice for consolidation marked M/11059/2024 because it had been spent since their substantive application marked M11024/2024 was now properly before the court.

 

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Afikuyomi’s counsel told the court that they were not objecting to the withdrawal of the motion on notice and that they would not be asking for cost. Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.

Ataiyero’s counsel said that their substantive application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024, stating that all their prayers were contained on the face of the motion paper.

But Afikuyomi’s counsel interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce. According to him: “We filed our originating motions on July 8, marked CB/3139/24.”

Justice Hassan resolved the issue of first in service in favour of Afikuyomi since Ataiyero’s substantive suit before the court was dated July 9, 2024. Atayeiro’s counsel said: “we do not have any problem with that as long as both suits are before your lordship.”

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At this point, Afikuyomi’s counsel asked the court for a short adjournment of two weeks to enable both parties to resolve the matter out of court, otherwise, they would proceed with the matter.

Ataiyero’s counsel urged the court to adopt their processes first and thereafter the other party could do whatever they wanted. But after much plea by Afikuyomi’s counsel and Justice Hassan’s avuncular intervention, urging Ataiyero’s counsel to agree to the out-of-court settlement overture, Ataiyero’s counsel agreed and the matter was adjourned until October 16, 2024.

It would be recalled that Afikuyomi, one-time member of Senate [1999-2007] had leased a three-bedroom duplex with two-bedroom bungalow guests chalet, two boys’ quarters (BQ), serviced with air conditioners and swimming pool, located at No. 33, Lake Chad Crescent, Maitama District from Prince Ataiyero, using the name of his law firm- Liberty Solicitors, for a period of five (5) years, serviceable annually.

The period for the lease was 1st September, 2018 – 31st August, 2023.

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Trouble started in the middle of the term of the lease when the Senator started defaulting in his rent obligations and this continued after the expiration of the term of lease.

Our Correspondent learnt that the Lease Agreement contained an Arbitration Clause which encouraged parties to settle any of their disputes by way of arbitration instead of the usual litigation.

It was in keeping to this arbitration clause that Senator Afikuyomi’s landlord applied to the Abuja Multi-Door Courthouse in line with the principle of “pacta sunct servanda (sanctity of agreement must be kept)” for an arbitral proceeding which saw to the delivery of its decision otherwise called “Final Award” on 21st June, 2024.

Miriam Kombo-Ezeh, Esq., the erudite arbitrator had directed that the respondent, Sen. Tokunbo Afikuyomi, should comply with the arbitral awards on or before July 8, 2024.

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It was further gathered that Senator Afikuyomi failed, neglected or refused to honour the decision of the Arbitration Tribunal, which by the Tenancy Agreement signed by parties during the life of the lease, ought to bind parties.

Afikuyomi had rather resorted to buying time in his efforts to continue in occupation of a house he didn’t build.

He had rather approached the High Court of the Federal Capital Territory, Abuja, to seek the setting aside of the decision of the Arbitration Tribunal on grounds that he didn’t have notice of the appointment of the Arbitrator and also on grounds of bias.

These grounds had been rebutted in the papers filed by the Landlord’ lawyers who even produced to the Court, evidence of consent form signed by the Senator’s lawyers for the appointment of the Sole Arbitrator.

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While the rent on the property expired on August 31, 2023, the court papers indicated that Afikuyomi is still occupying the property without renewing his rent or taking steps to vacate the leased premises, about a year now after his rent expired since 31st August, 2023.

Available information showed that while Senator Tokunbo Afikuyomi had gone to the High Court to set aside the Final Award, his landlord, Prince Ataiyero had filed his own motion before the same Court seeking the Court’s recognition and enforcement of the Award as was witnessed in court on Monday, September 23, 2024

From the Court processes filed both at the Tribunal and the High Court which were sighted by our correspondent, it was obvious that the key contention between parties is delivery of vacant possession of the property since the lease which was for a fixed period had long elapsed.

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11 DisCos collected N1.07tr revenue in 2023- NERC

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The Nigerian Electricity Regulatory Commission (NERC) on Monday, September 23, revealed that the 11 electricity Distribution Companies (DisCos) of the Nigerian Electricity Supply Industry (NESI) collected N1.07trillion in 2023.

The energy distributors, said NERC, failed to collect N385.83 billion out of the total N1.46 trillion electricity bills for the year.

This culminated in 73.64% collection efficiency in the year under review, according to the NERC document titled: “2023 Annual Report and Account.”

NERC said: “The total billings to electricity consumers by the DisCos was ₦1,463.24 billion of which only ₦1,077.51 billion was collected, leaving a total outstanding of ₦385.73 billion and corresponding to a collection efficiency of 73.64%.”

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On Market Remittances by DisCos, the report said in 2023, a total invoice of ₦858.033billion was issued to all the DisCos for energy received from NBET and for service charges by the MO, out of which a sum of ₦706.73 billion was settled by DisCos, leaving a total deficit of ₦151.30 billion in the market.

NERC said this payment translates to an overall remittance performance of 82.37%.

The report revealed that Eko and Yola DisCos had high remittance performances of 105.76% and 105.14% respectively to NBET in 2023 while Kaduna achieved the lowest remittance performance to NBET (17.59%).

NERC also said the highest remittance performances to the MO were recorded by Yola, Eko and Ikeja at 90.91%, 90.85% and 90.38% respectively while Kaduna recorded the lowest MO remittance performance of 10.75% in 2023.

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On Market Remittances by Special and Bilateral Customers, NERC said in 2023, the NESI continued to provide electricity to three international bilateral customers – i) Societe Beninoise d’Energie Electrique; ii) Compagnie Energie Electrique du Togo; iii) Societe Nigerienne d’electricite.

It noted: “Cumulatively, these 3 customers received an invoice of $53.55 million from MO and made a payment of $50.36 million.

“This corresponds to a remittance performance of 94.04%. There were nineteen (19) active domestic bilateral customers in 2023.

“Cumulatively, these customers received a total invoice of ₦10,320.84 million from MO and made a payment of ₦8,766.15million corresponding to a remittance performance of 84.94%.”

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