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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 Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.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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FEC approves ₦47.9tn 2025 budget

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By Kayode Sanni-Arewa

The Federal Executive Council, FEC, has approved a proposed national budget of ₦47.9 trillion for the 2025 fiscal year.

Minister of Budget and Economic Planning, Atiku Bagudu, disclosed this on Thursday while briefing State House correspondents after the FEC meeting presided over by President Bola Tinubu.

This was part of the Medium-Term Expenditures Framework, MTEF, for 2025 to 2027 and in line with the Fiscal Responsibility Act of 2007.

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“And equally, the fiscal objectives were conservative, because we want to ensure that we study the course much as we believe the projections will be exceeded.

“The budget size that was approved for presentation to the National Assembly in the MTEP is ₦47.9 trillion, with new borrowings of ₦9.2 trillion to finance the budget deficit in 2025,” Bagudu said.

“We need to sustain the market deregulation, commendable market deregulation of petroleum prices and exchange rate, and to compel the Nigerian National Petroleum Corporation Limited to lower its oil and gas production cost significantly, and even to consider the need to amend the relevant sections of the petroleum industry act 2021 to address the significant risk to Federation.

“The Federal Executive Council approved the Medium Term Expenditure Framework and the physical strategy paper, and it will be submitted to the National Assembly.

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“This is in addition to bills that are already at the National Assembly, the economic stabilization bills and tax reform bills, which we believe we will have a very, very strong growth in 2025.”

During the meeting, the FEC approved its submission to the National Assembly as required by the 2007 Fiscal Responsibility Act.

The framework projected a gross domestic product (GDP) growth rate of 4.6 percent, an exchange rate of $75 to the naira, and oil production of 2.06 million barrels per day. [Channels TV]

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Nigeria to get 6,000 power generation by December-Power Minister vows

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By Kayode Sanni-Arewa

The Minister of Power, Adebayo Adelabu, has expressed his unwavering optimism that the government will successfully meet its ambitious target of generating 6,000 megawatts of electricity by December 2024, despite the numerous challenges currently affecting the power sector.

The Special Adviser on Strategic Communication and Media Relations, Bolaji Tunji, conveyed this assurance at the fourth edition of the Power Correspondents Association of Nigeria’s annual workshop, themed “Ending the Talk, Moving the Action,” held on Thursday in Abuja.

Nigeria’s power generation currently ranges between 3,500 and 4,000 MW for a population of approximately 200 million people. For instance, on Thursday, the country’s power generation was 3,556.38 MW as of 8 am.

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Earlier this year, Adelabu pledged that power generation in Nigeria would reach 6,000 MW by the end of the year, citing improvements in the sector over the past year.

However, the frequent collapse of the nation’s electricity grid and the vandalisation of towers have raised concerns about the stability of the Nigerian Electricity Supply Industry and its ability to achieve the target.

In his goodwill address, the Special Adviser emphasised that the minister’s primary focus remains on achieving the goal of increasing generation and ensuring its efficient distribution to consumers.

Tunji said, “The minister aims to achieve what seems to be an intractable goal—improving generation and ensuring that what is generated reaches the final consumers. There are challenges, but they are surmountable.

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“The minister has promised that by December this year, we will reach 6,000 megawatts; yes, we still hope to get there.

“We are confident that we will get there, but we are aware of the current issues with grid collapse. Efforts are being made to resolve these problems. Day and night, teams are being dispatched to address the various issues, and we remain hopeful that we will achieve the 6,000 MW target by December.”

The Director of Renewable Energy, Sunday Owolabi, also reiterated that the government is committed to ensuring 24-hour power supply for Nigerians.

Owolabi, another representative of the minister, stressed that the government’s policies are focused on resolving the challenges facing the country’s electricity transmission, distribution, and generation sub-sectors.

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“We are fully committed to transforming the country’s power sector. We are focused on ensuring that our policies are practical and sustainable. We are resolute in ensuring power supply for every Nigerian.

“The government remains fully committed to transforming Nigeria’s power sector through meaningful and actionable reforms.

“We are focused on ensuring that our policies are not only visionary but also practical, impactful, and sustainable. From the ongoing efforts to address infrastructure gaps, enhance power generation, and improve transmission networks, to vital reforms in distribution and the full implementation of the electricity market, we are resolute in our mission to improve power supply for every Nigerian.”

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Just in: Wike sends FCDA Executive Director on indefinite suspension

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By Kayode Sanni-Arewa

Minister of the Federal Capital Territory, Nyesom Wike has suspended the Executive Secretary, Federal Capital Development Authority (FCDA), Engr. Shehu Hadi Ahmad indefinitely.

According to a statement on Thursday, by Lere Olayinka, Senior Special Assistant on Public Communications and New Media to the Minister of Federal Capital Territory (FCT), the suspension of Engr Hadi Ahmad is with immediate effect.

The suspended Executive Secretary has consequently been directed to hand over to the Director of Engineering Services, in the FCDA.

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Meanwhile, Nyesom Wike has revealed that President Bola Tinubu ordered the construction of houses for judges in Abuja.

The former Rivers State governor said the project is part of the government’s plan to provide secure housing for judges and strengthen the judiciary’s independence.

Speaking during a media chat on Wednesday, the former Rivers Governor clarified that the housing project is not his personal initiative.

Wike explained that the housing scheme was included in the 2024 budget, approved by the National Assembly, and is not his personal decision.

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He added that judges currently live in rented homes, which could make them vulnerable.

He compared this to similar projects he carried out as Rivers State governor and expressed surprise at the criticism, especially from legal professionals.

Wike insisted the project is lawful and should be welcomed as a step in the right direction.

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