Opinion
Crisis , Flying Court Orders Is Wike Actually In Contempt?
By Adekola Omoluabi ,with additional reports from Bamidele Akinol A Ogundana
The controversy bugging the FCTA-owned company, Abuja markets management Limited [AMML] has continued unabated, culminating in the shutdown of its corporate Head office at Gudu District, Abuja on Friday 10th November, 2023.
A detachment of the Nigeria Police Force reportedly sealed up the Adisa Plaza Office of the Market Managers early morning on Friday, allegedly under the directives of the Hon. Minister FCT, Barr. Nyesom Wike.
Wike was said to have directed one Abubakar Usman Faruk to vacate the office of the Managing Director, AMML and stop parading himself as the MD/CEO of the company having been effectively relieved of that duty since July 17, 2023 by the shareholders of AMML.
Faruk obviously refused to heed the Hon. Minister’s advice, hence the police action, which was based on security reports alleging that Faruk posted private security guards heavily armed in the Head office in a bid to resist any attempt to ward him off. It would be recalled also, that the FCT minister had late September 2023, announced the removal of 21 heads of departments, Agencies and Government-owned Companies including that of Abuja Markets Management Limited.
Out of all, only Abubakar Faruk reportedly refused to hand over to the most senior office in the establishment as directed by the minister. He had claimed that there was an order of court restraining the Minister or anyone else from removing him as the Managing Director.
In a news report in the Daily Post of November 8, 2023, it was alleged that the National Industrial Court in Abuja on Wednesday “began contempt proceedings” against the FCT Minister, Nyesom Wike and others over the alleged disregard of a series of court orders.
This development, it was reported,’ was sequel to the decision of the Minister to include the Managing Director Abuja Markets Management Limited (AMML), in the list of heads of agencies dissolved on September 27’.
Speaking on the reported “contempt proceedings”, the Lawyer representing Abuja Investments Company Limited and Abuja Markets Management Limited in various cases relating to this, Mr. Abdulsalam Mohammed Saleh Esq said the contempt proceeding could only exist in the imagination of its authors. It is also alleged that the Registrars of court have stated that they are unaware of such “contempt proceedings”.
Abdulsalam who spoke to journalists during the weekend stated categorically that there is no contempt proceeding filed in the Industrial Court in this regard, noting that the case in the National Industrial Court has been reassigned to another Judge and will start afresh.
The embattled former MD is therefore expected to either give the lie to Bar. Abdulsalam’s claim by pushing through the contempt proceeding to its logical conclusion, or save the FCT Administration and the Abuja Market Community further embarrassment.
Before the alleged “contempt proceedings”, Abubakar Faruk, having “sacked” all AMML staff opposed to his continued stay, had approached a Chief Magistrate court to among others give an order declaring their operations as AMML staff unlawful.
Interestingly, the Wuse Magistrate Court presided over by His Worship Huzaifa Maccido on November 2, 2023 dismissed the case.
In dismissing the case, the Court seemed to have affirmed that Mr. Abubakar Faruk has been properly relieved of his duties as the MD/CEO of AMML.
Part of the ruling reads thus: “the purported letter of dismissal attached by the Complainant/ Respondent as EXHIBIT AMML A is dated 31st Day of July, 2023 while the signatory to the letter who is one Abubakar Usman Faruk sacked by the owners of the Complainant vide EXHIBIT 4 attached by the Defendants/Objectors. The said EXHIBIT 4 is dated 17th July, 2023. I agree that as at the time the 4th defendant was purportedly sacked, Mr. Abubakar Usman Faruk had no power to do so having being sacked on 17/7, 2023”, the ruling continued.
It would be recalled that Abubakar Usman Faruk was appointed the MD/CEO of Abuja Markets Management Limited in April 2009. He was redeployed following allegations of involvement in the scandalous informal market project in Area 10(UTC) transit way, the allegations bordered on lack of approval for the development on a rail transit way and illegal sale of the stalls by the former MD.
Though on redeployment away from AMML, Faruk reportedly drew his full salaries and allowances from AMML as Managing Director including upfront allowances up until July 2023 when he was reportedly fired by the Company’s shareholders.
Appointed by the then Minister, Adamu Aliero, Faruk had gone to court 14 years after to challenge the power of a Minister to redeploy him, citing the provisions of Company and Allied Matters ACT, 2020.
The Federal High Court, Abuja had ruled that the redeployment was not done in line with CAMA provisions thereby pronouncing him as both the MD/CEO as well as a Director. Armed with this order but without due process, Faruk had reportedly embarked on self-help to take over the office of the MD/CEO of AMML and had continued to use same to keep himself on the seat until this recent seal up.
Not minding his base approach, the Company owners ensured that Faruk was duly and effectively relieved of his job when the shareholders in an extraordinary General Meeting July 17,2023 fired him for “services no longer required”.
This he still challenged, making stakeholders wonder if Faruk is a shareholder in AMML. If he is not, can he impose himself on his employers? they ask. A search at CAC reveals that Faruk is NOT a shareholder of AMML and cannot remain the Managing Director having been removed by the shareholders.
His position as MD/CEO is one of employment as a staff of the company subject to its conditions of service, which allow him to be removed anytime his services are no longer required. The legal position and trite law is that no Court can impose an employee on an unwilling employer.
Keen observers are of the view that instead of being grateful for an uncommon opportunity, the very long stay apparently had a negative impact of entitlement on Mr. Faruk.
It can’t be said that Faruk has been fair to the FCT Administration and Company that gave him an uncommon opportunity of close to 15 years tenure. His last days can only be said to be hurting to the FCT.
He only succeeded in building strife and giving bad publicity to a hitherto relatively unknown Government- owned Company, whilst obstructing work flow.
It is however believed among close watchers that Faruk’s rare luck as the longest serving FCT public officer may turn to a misfortune should the administration decide to probe his years as the Chief Executive of the Market Management Company.
Heineken Lokpobiri, minister of state for petroleum resources, says the federal government plans to commence implementing the drill-or-drop provisions of the Petroleum Industry Act (PIA).
Section 94 of the PIA gives operators a period of three years to begin oil production or relinquish the assets to the federal government.
Speaking during the Cross Industry Group (CIG) meeting held on Tuesday in Florence, Italy, Lokpobiri said it is in the best interest of the country that all inactive wells go to work.
He said the federal government, under the leadership of President Bola Tinubu, has provided every necessary incentive to ensure international oil companies (IOCs) in Nigeria run smoothly and profitably.
“Now, it is imperative for these industry players to match the government’s efforts with increased investment by announcing final investment decisions (FIDs),” he said.
Furthermore, Lokpobiri discussed “the challenges, expectations, and measures to enhance the sector’s contributions towards domestic energy needs and regional expansion across Sub-Saharan Africa”.
He emphasised that while IOCs have highlighted engineering, procurement, and construction (EPC) contractors as a challenge, “EPCs will not come unless they see strong commitments from industry players”.
“The government has done its part to provide the requisite and investment-friendly fiscals, the ball is now in the court of the IOCs and other operators to make strategic investment decisions that will drive increased production and sustainability in the sector,” he said.
“We must also recognise that domestic crude supply is essential to national energy security. The best solution to this challenge lies in increasing production, which will ensure a balance between domestic supply obligations and external commitments.”
The minister further urged industry players to explore collaborative measures, such as shared resources for contiguous assets and the release of underutilised assets to operators ready to invest in production.
The Progressive Students Movement (PSM), a leading Pan-African student body, has commended the leadership of the Nigeria Police Force (NPF) in Ogun State under Commissioner of Police (CP) Lanre Ogunlowo, PhD, for its commitment to security and community engagement.
In a statement released on Thursday, the President of PSM Nigeria, Comrade Ambassador Okereafor Bestman, highlighted the CP’s efforts in strengthening collaboration between the police, stakeholders, and other security agencies to maintain peace and stability in the state.
“It is worthy of note that CP Lanre Ogunlowo, PhD, has further fostered a harmonious working synergy between the police, stakeholders, and other security agents aimed at ensuring peace and tranquility in Ogun State,” Okereafor said.
The student leader expressed confidence in CP Ogunlowo’s leadership, stating that Ogun State is on track to becoming one of the most peaceful states in Nigeria under his administration.
He also praised the professionalism and dedication of the Ogun State Police Command in tackling crime, regardless of its scale.
Additionally, PSM acknowledged the Ogun State government’s continued support for security agencies, particularly in providing mobility and logistics to enhance their operational efficiency.
The commendation comes at a time when security remains a top priority for residents and authorities in the state, with ongoing efforts to curb crime and ensure public safety.
BY ABUBAKAR YUSUF
On assumption of duty in January, 2025 , the new Universal Basic Education Commission, UBEC, Boss and well grounded World Bank expert , Aisha Garba envisaged the need to reposition the Basic Education through interfacing with the critical stakeholders.
Amongst them is the office of the National Security Adviser , NSA, led by Malam Nuhu Ribadu whose achievements in the last few years in the area of security has become distinct and outstanding.
Therefore, seeking to cooperate and collaborate with the office became germane and needful particularly the protection of lives and properties of actors in the promotion of Basic Education ranging from the pupils , teachers , workers and facilitators to enable it drive the new wave to curb Out of School Children OOSC in the country.
Aside providing the basic security arrangements for schools , the need to engage the security apparatus at the level of National Security Adviser NSA became needful, so as to address the sophistry of security problems in the country, to nip in the bud any unforseen circumstances.
With the high rates of kidnappings, abduction , banditry, cattle rustling, ritual tendencies among many other vices, the idea of bringing on board , the security architecture of the country in all ramifications will assist the commission to consolidate the implementation of Basic Education policies and programs, also introduce new ones .
Since pupils at the Primary, Junior Secondary and Secondary Schools are prone to such ugly development and security issues , the need to be proactive on the part of the commission became timely and desiring.
This led to the success story of the bilateral interface between the management of the commission and NSA, to streamline, perfect and chart a new course on the issue of security of actors in the Basic Education.
The visit described as timely and long overdue, discussed fruitfully the way forward and the immediate and long term intervention of both agencies in the area of collaboration.
According to the Executive Secretary, Universal Basic Education Commission UBEC, Dr Aisha Garba she stated by discussing” strategic initiatives aimed at enhancing educational access and security in Nigeria. ”
She further said” the engagement focused on strategies to address challenges such as the safety of schools, particularly in vulnerable regions, and the promotion of equitable education for all children.”
“the meeting highlighted the critical intersection between education and national security and the need for collaboration between UBEC and Office of the National Security Adviser (ONSA), on improving access to basic education and safety of safety schools across the nation. ”
“This collaboration underscores the government’s commitment to fostering a secure and inclusive learning environment as part of its broader agenda to strengthen the nation’s educational framework,” it added.
“UBEC boss had pledged to engage critical stakeholders to break down barriers to education and create inclusive learning opportunities for children across the six geopolitical regions of the country.”
“She said: “My goal is to deliver on this mandate which includes strengthening collaboration, partnerships and institutional learning for effective service delivery. ”
“Together, we will work to increase access, improve quality, provide conducive and safe learning environments, supply adequate teaching and learning materials, and adopt the concept of ‘best fit’ in addressing specific basic education challenges, state by state and region by region”.
Highlights of the program which included the engagement of both bodies with a commitment to ensure the introduction of security architecture in schools in Nigeria is achievable.
Written BY ABUBAKAR YUSUF on yus.abubakar3@gmail.com.