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Appeal Court fines Makinde N50m for withholding ex-council Chiefs’ funds
Appeal Court fines Makinde N50m for withholding ex-council Chiefs’ funds
The Court of Appeal in Abuja, on Friday awarded N50 million in damages against Governor Seyi Makinde of Oyo State, and six others for failure to pay the outstanding balance of N3,374,889,425.60 (N3.4 billion) from the N4,874,889,425.60 (N4.9 billion) debt, arising from a May 7, 2021 judgment of the Supreme Court.
A three-member panel of justices, in a unanimous judgment, condemned Makinde’s conduct, which it described as disrespectful of the nation’s judicial system.
The court affirmed the April 27 decision of the High Court of the Federal Capital Territory (FCT) ordering the state governor to paid the outstanding balance.
The N4.9 billion debt arose from the judgment of the Supreme Court given against Makinde, the state’s Attorney-General (A-G), Accountant-General and four others in an appeal by chairmen and councillors elected on the platform of the All Progressives Congress (APC), but sacked on May 29, 2019, by Makinde, upon assuming office.
In the judgment, the appellate court upheld the arguments by the lawyer to the ex-council chiefs, Musibau Adetunbi, SAN, resolved the two issues, identified for determination, against the appellants and dismissed the appeal filed by Makinde and six others for lacking in merit.
The court awarded N50 million cost against Makinde and co-appellants, to be paid to the ex-council chiefs led by Bashorun Mojeed Bosun Ajuwon.
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The judgment was on the appeal marked: CA/595/2023 filed by Makinde, the Oyo State’s A-G, the Commissioner for Local Government and Chieftaincy Affairs, Accountant-General of Oyo State, Speaker of Oyo State House of Assembly, the House of Assembly and Oyo State Independent Electoral Commission (OYSIEC).
In the lead judgment, Justice Danlami Senchi held that, as against the contention by the appellants, there was no dispute in relation to the amount that constituted the judgment debt.
The judge referred to a letter written on Dec. 13, 2021, by the A-G of Oyo State, where the state put the salaries and allowances due to the ex-council chiefs at N4,874,889,425.60 and pledged to pay everything within six months.
He said the court could not allow Oyo State Government and its officials to approbate and reprobate; blow hot and cold at the same time by claiming the amount constituting the debt was not ascertained despite the letter by the A-G and the fact that the appellants took steps to settle the debt by making part payment.
Justice Senchi also faulted the appellants’ contention that the ex-council chiefs failed to first obtain the consent of the Oyo State A-G before initiating a garnishee proceeding to seize the state’s funds to settle the judgment debt.
The judge said asking the ex-council chiefs to first seek and obtain the consent of the Oyo A-G, who was one of the judgment debtors, amounted to making him to be a judge in his own case, “which requirement is unfair to the judgment creditors.”
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“The ex-council chiefs were in order to have initiated the garnishee proceeding, because there was a judgment debt to be paid by the appellants by virtue of the judgment of the Supreme Court,” he said.
The Supreme Court had, in its May 7, 2021 judgment, declared the action of the ex-council chiefs, who sued through 11 representatives, led by Bashorun Majeed Ajuwon, as lawful and ordered the Oyo State Government to compute and pay them their entitled salaries and allowances within three months of the judgment.
Rather than comply with the judgment, the Oyo State Government paid only N1.5 billion, prompting the judgment creditors (the ex-council chiefs) to initiate a garnishee proceeding against Makinde and others before the High Court of the FCT.
In the April 27 ruling, Justice A. O. Ebong of the High Court of the FCT issued a garnishee order absolute, directing Makinde and others to pay the balance of the judgment debt on instalment basis, begining with N1,374,889,425.60 to be paid immediately.
Justice Ebong ordered them to subsequently pay the remaining N2b billion at N500 million quarterly, with the first instalment payable on July 31, a decision Makinde and others challenged at the Court of Appeal.
NAN reports that it was the April 27 ruling by Justice Ebong that the Court of Appeal affirmed in the judgment delivered on Friday.
Appeal Court fines Makinde N50m for withholding ex-council Chiefs’ funds
News
Yahaya Bello reports to EFCC office with lawyers
Yahaya Bello reports to EFCC office with lawyers
A former Governor of Kogi State, Yahaya Bello, on Tuesday visited the Economic and Financial Crimes Commission (EFCC) to honour another invitation extended to him over alleged misappropriation of funds.
Bello went to the anti-graft office with his lawyers in the morning.
The ex-Kogi governor reportedly drove himself to the EFCC’s office in a black Toyota Hilux van with some lawyers.
He was said to have been taken by some operatives of the agency and are currently being grilled.
This is coming after the Supreme Court judgment which dismissed a suit brought by some state governments challenging the constitutionality of the agency.
The EFCC at the last hearing on November 14, sought the adjournment till November 27 in the fresh case it instituted against Bello.
It stated that the 30-day window was still running for the summons earlier issued.
News
Just in: Ebonyi governor suspends two commissioners, Perm Sec for misconduct
Just in: Ebonyi governor suspends two commissioners, Perm Sec for misconduct
Ebonyi State Governor Francis Nwifuru has announced the immediate suspension of two commissioners with a permanent secretary among others for gross misconduct.
Those suspended are the Commissioner for Housing and Urban Development Francis Ori, and the Commissioner for Health, Moses Ekuma, with the Permanent Secretary of the Ministry of Health.
The suspension followed an incident on Saturday night, when the governor reportedly visited the Ministry of Health’s premises and was said to have found six officials diverting government materials.
Others suspended for three months are the Executive Secretaries of the State Primary Healthcare Development Agency and the Ebonyi State Health Insurance Agency
The suspension order was announced by the state Commissioner for Information, Jude Okpor, who cited alleged misconduct and dereliction of duties as the reasons for the disciplinary actions.
Okpor made the disclosure on Tuesday during a press briefing on the outcomes of the State Executive Council meeting held on Monday at the New Government House in Abakaliki, the state capital.
“Following cases of gross misconduct and dereliction of duties by some government officials and matters related thereto, the Chairman of Council directed the indefinite suspension of the Honourable Commissioner for Housing and Urban Development and three months suspension of the Honourable Commissioner for Health, respectively
“In view of the development, the Special Assistant to the Governor on Primary Health was directed to take charge of the ministry in the absence of the suspended commissioner.
Governor Nwifuru directed the suspended government officials to hand over all government properties in their possession including vehicles to the Secretary to the State Government.
News
Why we’re borrowing despite surplus revenues – FG
Why we’re borrowing despite surplus revenues – FG
The Federal Government has defended its decision to borrow to address budget deficits, despite surpassing revenue targets in 2024.
Finance Minister Wale Edun and Budget Minister Atiku Bagudu clarified this position during a session with the National Assembly’s Joint Committee on Finance, Budget, and National Planning. The meeting focused on the 2025–2027 Medium-Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP).
Last week, the National Assembly approved President Bola Tinubu’s $2.2 billion loan request to fund the N9.7 trillion deficit in the 2024 budget partially.
During the session, key agency heads, including Nigerian National Petroleum Company Limited (NNPCL) CEO Mele Kyari, Customs Comptroller-General Bashir Adeniyi, and Federal Inland Revenue Service (FIRS) Chairman Zacch Adedeji, presented their revenue reports.
The agencies reported exceeding their 2024 targets.
- Customs Service: Generated ₦5.352 trillion by September 30, surpassing its ₦5.09 trillion target for the year. For 2025, the agency projects ₦6.3 trillion, with a 10% increase planned for 2026.
- NNPCL: Achieved ₦13.1 trillion in revenue, exceeding the ₦12.3 trillion projection for 2024. Kyari announced a ₦23.7 trillion revenue target for 2025.
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- FIRS: Surpassed multiple tax collection goals, including ₦5.7 trillion from company income tax against a ₦4 trillion target. Education tax collections also exceeded expectations, reaching ₦1.5 trillion compared to a ₦70 billion target.
Overall, ₦18.5 trillion of the ₦19.4 trillion 2024 revenue target had been achieved by September, indicating the goal will be exceeded by year-end.
Despite these surpluses, the government insists borrowing remains essential to cover budget gaps and support vulnerable populations.
Bagudu explained, “Even with agencies exceeding revenue targets, borrowing is necessary to address deficits and boost productivity, particularly for the poorest. This aligns with Agenda 2050, which aims for a GDP per capita of $33,000.”
Edun also reiterated that loans were critical for adequately funding the budget.
The committee, led by Senator Sani Musa, questioned the rationale behind the borrowing and demanded further transparency. The Immigration Service was specifically asked to provide documents regarding an “unacceptable PPP arrangement” before the end of the week.
The session underscored the government’s balancing act between increased revenues and fiscal challenges requiring external borrowing.
Why we’re borrowing despite surplus revenues – FG
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