AFOLABI
Ogun FTZ deal: Chinese firm targets Nigeria assets in eight countries
Zhongshan Fucheng Industrial Investment Co. Limited, the Chinese firm that got a court injunction to ground three presidential jets belonging to the Federal Government in Europe, has initiated plans to seize other Nigerian assets in the United Kingdom, United States of America and in six other countries, The PUNCH learnt.
The PUNCH also learnt that the company had instituted legal proceedings in about eight jurisdictions globally, regarding the dispute.
The other countries include Belgium, Canada, France, Singapore and the British Virgin Islands, documents relating to the case, which were obtained by our correspondent, were revealed on Thursday.
This comes as the Federal Government vowed to protect its foreign assets from “predators.”
There has been serious controversy following reports that the Chinese company got judgement to ground three presidential jets belonging to the Federal Government.
In 2001, China and Nigeria signed a bilateral investment treaty aimed at promoting commercial investment between the two countries.
In 2007, Ogun State reportedly entered into a joint venture agreement with a Chinese company and another company to create the Ogun Guangdong Free Trade Zone Company. The Nigeria Export Processing Zones Authority, a Federal Government entity that oversees free-trade zones in Nigeria, then delegated control and operation of the free-trade zone to the company.
In 2010, the Ogun Guangdong Free Trade Zone Company contracted with Zhongshan’s parent company to develop an industrial park in the free-trade zone. The goal was for Zhongshan’s parent company to develop the park and build factories in it for tenants to use.
In the first half of 2016, however, the agreement between both parties was terminated, leading to Zhongshan filing lawsuits in Nigerian federal and state courts seeking reinstatement of its contractual rights but the legal proceedings were discontinued in Spring 2018.
However, a French court, recently, authorised the seizure of three of Nigeria’s presidential jets, two of the jets – a Dassault Falcon 7X and a Boeing 737 – are part of Nigeria’s presidential air fleet that were recently put up for sale and the third, an Airbus 330 purchased by Nigeria, but not yet delivered.
Zhongshan had again dragged Ogun to court, where an independent arbitral tribunal, chaired by the former President of the UK Supreme Court, awarded the Chinese firm $74.5m compensation, which Ogun was yet to pay.
The court order prohibited Nigeria from moving or selling the presidential jets until the Chinese firm was paid the $74.5m by Ogun, its sub-national.
However, documents indicated that the Chinese company attempted to seize a jet being recovered by the country from Dan Etete as proceeds from fraudulent acts in Canada.
The Federal Government had tracked down and grounded the luxury private jet purchased by former petroleum minister, Etete, with some of the alleged proceeds of the notorious $1.3bn Malabu OPL245 oil deal.
“The goal is clear – that Mr Etete will avoid the seizure of an asset he got with stolen Nigerian money, with Zhongshan’s connivance.”
According to the documents, Zhongshan was originally engaged as a developer and manager of Fucheng Industrial Park but was asked to manage the facility after the government terminated the joint venture with CAI because it didn’t meet the necessary requirements.
The document claimed that the Ogun government cancelled the contract after it received a Diplomatic Note 1601 from the Economic and Commercial Section of the PRC Consulate in Lagos, alleging that Guangdong illegally held shares in China Africa Investment Limited, a state asset and that entity (New South Group) was the company properly entitled to manage OGFTZ.
The document read, “In 2007, the Ogun State Government, in partnership with the Guangdong province in China conceived and set up the Ogun Guangdong Free Trade Zone, which sits on 2,000 hectares in Igbesa, Ogun State.
“Ogun State signed a Joint Venture Agreement directly with China Guangdong Xinguang China-Africa Investment Limited representing Guangdong Province in the joint venture. OGFTZ houses several enterprises as well as subdevelopments, including one Fucheng Industrial Park, measuring 224 hectares. In 2010, OGFTZ contracted Zhongshan to develop and manage Fucheng Industrial Park.
“However, in 2012, Ogun State terminated the joint venture with CAI because CAI had not met obligations under the 2007 JVA. Ogun State then appointed Zhongshan as an interim manager of the Zone, since it was already managing Fucheng Industrial Park. In June 2012, Zhongshan assumed management control of a 51 per cent stake in CAI and subsequently signed another JVA with Ogun State Government in September 2013.”
It further stated that the company had been making efforts to enforce the tribunal award.
“As of August 2024, there are court proceedings in about eight jurisdictions of the world regarding this dispute.
“These include USA, UK, Belgium, Canada, France, and the British Virgin Islands. Till date, Zhongshan has not realised a single penny from the Award, and all signs indicate that Zhongshan is unlikely to do so anytime soon.”
It added that the company was still tracking the location of Nigerian assets abroad.
Meanwhile, a court document has revealed that the Chinese company was demanding compensation of $130.6m due to a breach of contract by reneging on terms between both parties to create the Ogun Guangdong Free Trade Zone.
The document obtained by our correspondent on Thursday, however, listed the Federal Government as the defendant because the direct agreement was between Nigeria and China and not with the company based on international treaty conditions.
The case filed at the United States District Court for the District of Columbia (No. 1:22-cv-00170) was argued April 22, 2024 and decided August 9, 2024 by Circuit Judges Millett, Katsas and Childs.
In presenting its argument, the company stated that Nigeria violated the Investment Treaty with China in five ways “by failing to provide Zhongshan with fair and equitable treatment, engaging in unreasonable discrimination, neglecting to protect Zhongshan, breaching the contract, and wrongfully expropriating investments without compensation.”
Giving details of the deal, the company said it invested millions of dollars and significant resources to develop and build infrastructure in the industrial park, including roads, utilities and opened services such as a hospital, hotel, supermarket, and bank.
By 2016, businesses had moved into the zone and Nigeria had collected approximately N160m in tax revenue from the free-trade zone.
It read, “In the first half of 2016, however, Ogun State terminated its agreements with Zhongshan. Ogun claimed that a different Chinese company was legally entitled to Zhongshan’s share of the free-trade zone and that Zhongshan had defrauded Ogun.
“Things continued to deteriorate. One Ogun official texted a Zhongshan executive, urging him ‘as a friend’ to ‘leave peacefully when there is opportunity to do so, and avoid forceful removal, complications and possible prosecution.’ The next month, Ogun issued an arrest warrant for two executives, alleging a ‘criminal breach of trust.’
“Nigerian federal police arrested one Zhongshan executive at gunpoint and held him for ten days. During that time, the police denied the executive food and water, beat him, intimidated him, and questioned him about the whereabouts of the other executive.
“Based on these findings, the arbitral tribunal found that Nigeria had breached its obligations under the Investment Treaty and that Zhongshan was entitled to $55.6m in compensation from Nigeria and $75,000 in moral damages, along with interest and legal and arbitral fees.”
Reacting, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), said his office and that of the National Security Adviser have commenced legal and diplomatic moves to recover the three presidential aircraft seized by the Chinese firm.
Herdsman granted bail for destroying Ekiti farm
The Ekiti State Police Command said it had arraigned a 20-year-old cattle rearer, Mohamadu Bello, before an Ado Ekiti Chief Magistrate’s Court for allegedly destroying farm produce valued at N3.8m belonging to four individuals.
The police prosecutor, Inspector Elijah Adejare, told the court on Thursday that the defendant committed the offence on August 10 at Ido Ile Ekiti.
Adejare alleged that “the defendant, who is a cattle rearer, maliciously damaged the farm produce valued at N300,000 belonging to one Awiye Olusola. The defendant also maliciously damaged the farm produce valued at N2.8m belonging to one Oni Samson.
“The defendant maliciously damaged farm produce valued at N300,000 belonging to one Igbalajobi Adeyomi. The defendant also maliciously damaged farm produce valued at N400,000 belonging to one Akinola Sunday.
“The offences committed contravened Sections 363 of the Criminal Law of Ekiti State, 2021.”
Adejare prayed the court for an adjournment to enable him to study the case file and present his witnesses.
The counsel for the defendant, Mr. Adeyemi Egbebi, urged the court to grant the defendant bail, with a promise that he would not jump bail.
The Chief Magistrate, Mr Bankole Oluwasanmi, granted the defendant bail in the sum of N80,000 with one surety in like sum and adjourned the case till September 6 for hearing.
Police prosecutor, Sergeant Alice Ojo, told the court that the defendants, 22-year-old Abdurasheed and 42-year-old Aluko, allegedly committed the offence on August 6 in Ado Ekiti, the Ekiti State capital.
Ojo alleged that “the defendant, Abdurasheed, stole one Bajaj motorcycle valued at N1.2m belonging to one Ogundipe Babasanmi. The defendant, Aluko, has in his possession one Bajaj motorcycle valued at N1.2m.”
“The offences committed contravened Sections 302 and 343 of the Criminal Law of Ekiti State, 2021,” she said.
The prosecutor asked the court for a short adjournment to enable her to study the case file and present her witnesses.
Counsel for the defendants, Mr Adeyemi Egbebi, urged the court to grant the defendants bail, with a promise that they would not jump bail.
The Chief Magistrate, Mr Abayomi Adeosun, granted bail to the defendants in the sum of N250,000 with one surety each in like sum and adjourned the case till September 27 for hearing.
FG has turned Nigerians into beggars through palliatives — Afe Babalola
FOUNDER of Afe Babalola University Ado-Ekiti, ABUAD, Aare Afe Babalola, yesterday, took a swipe at the Federal Government over the distribution of palliatives, describing it as an attempt to turn Nigerians to beggars and leading them to poverty.
He also threw his weight behind the Patriots’ call for a new constitution.
Babalola made this known when the Prestige Sisters League came on a thank-you visit to him at the ABUAD campus.
Speaking on the recent protest across the country, he said that those protesting against hunger do so because everyone knows there is hunger in the country.
He said: “Those who are complaining about hunger are doing so sincerely. They are hungry. A hungry man can go to any length to show his anger. We do not need anybody to tell us about hunger in the country. The protest was genuine and the government should listen to them.
“The duty of government is the welfare of the people. The problem we have now is that people cannot move freely. They have abandoned the farms. People are being killed in their farms and everybody wants to stay where they are safe. It is because the government has failed in this regard that we have hunger.
“It is wrong for the government to be sharing garri, beans and rice as palliatives. They are turning the people into beggars. The government that is giving the people rice and beans is leading us to poverty. The government is discouraging people from working, whereas, the government must provide the people enabling environment for people to work and feed themselves.”
On the Patriots’ call for a new constitution, he said Nigeria does not have to go through any constitutional conference but the parliament should reenact the 1963 constitution.
Babalola said: “I read the publication of the Patriots visiting President Tinubu and I am in full agreement with them. We need a new constitution. But I do not agree that we should go through any constitutional conference.
“Recently, you are aware that President Bola Tinubu asked us to go back to the old National Anthem; there was no conference for it before it was passed by the National Assembly and assented by the President. The 1963 constitution was the one made by all of us. By the same token, the parliament should bring back the 1963 and reenact it.”
Court orders fresh forfeiture of $2.4m, seven property linked to Emefiele
The Lagos federal high court has ordered the interim forfeiture of $2.045 million, seven landed properties, and shares linked to Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN).
Akintayo Aluko, the presiding judge, made the order on Thursday after an application filed by Rotimi Oyedepo, a senior advocate of Nigeria (SAN), representing the Economic and Financial Crimes Commission (EFCC) in a suit marked FHC/L/MISC/500/24.
Oyedepo said the forfeited items were reasonably suspected to be proceeds of unlawful activities.
“In the course of this investigation, it was revealed that the erstwhile CBN governor negotiated kickbacks in return for allocation of foreign exchange to some companies who were in desperate need of foreign exchange for their lawful and legitimate businesses,” he told the court.
“Upon investigation, it was revealed that one Ifeanyi Omeke, a deputy general manager and head of litigation of Zenith Bank Plc, who worked closely with Godwin Emefiele, ran several errands for him, which included the purchase and perfection of title documents for several properties located in highbrow areas of Lagos.
“And that upon a search conducted in the office premises of Mr. Ifeanyi Collins Omeke by the operatives, several seals for various companies, including but not limited to Queensdorf Global Fund Limited, were recovered.
“That the said seals were kept in custody of Mr. Ifeanyi Collins Omeke by Godwin Emefiele, and that investigation has revealed that all seven companies… are suspected to be shell companies used by Godwin Emefiele as vehicles for money laundering and holding proceeds of his illicit activities.”
“The two shares’ certificates are of Queensdorf Global Fund Limited Trust, while the properties are all located in the highbrow Lekki and Ikoyi parts of Lagos and Agbor in Delta.
“The landed properties are listed as two fully detached duplexes of identical structures at No. 17b Hakeem Odumosu Street, Lekki Phase 1; an undeveloped/bare land, measuring 1919.592 sqm with survey plan No. DS/LS/340 at Oyinkan Abayomi drive (formerly Queens drive), Ikoyi; a bungalow at No. 65a Oyinkan Abayomi drive, Ikoyi; a four-bedroom duplex at 12a Probyn Road, Ikoyi; an industrial complex under construction on a 22-plot of land in Agbor; eight units of undetached apartments on a plot measuring 2457.60sqm at No. 8a Adekunle Lawal road, Ikoyi; and a full duplex together with all its appurtenances on a plot of land measuring 2217.87sqm at 2a Bank road, Ikoyi.
“I also know as a fact and verily believe that the properties sought to be forfeited were acquired in the name of corporate entities with a view to concealing the unlawful origin of the funds used for their acquisition and that the title document in respect of the properties listed in schedule A herein were recovered by the team in the course of this investigation.”
The EFCC lawyer sought a forfeiture of the investments to the federal government.
After granting the request, the judge directed the EFCC to publish the interim forfeiture order in a national newspaper to enable anyone interested in the properties to appear before the court and show cause within 14 days of why it should not be made in favour of the government.
Further hearing of the matter was adjourned to September 5.
Treaty violation: Like France, US court affirms Chinese firm’s $70m arbitration award against Nigeria
An appeal court in the United States (US) has authorised Zhongshan Fucheng Industrial Investment Co. Ltd. to enforce the $70 million arbitration award against Nigeria.
In a 2-1 verdict delivered on August 9, the majority ruling affirmed the judgment of the US district court for the district of Columbia that held that the arbitration award is enforceable.
In January 2023, Beryl Howell, the presiding judge of the lower court, dismissed Nigeria’s argument that the court did not have jurisdiction over the case since the country is a sovereign entity.
Howell held that the court has jurisdiction since the United Kingdom (UK), where the $70 million arbitration award was issued against Nigeria, is a signatory to the New York Convention.
ZHONGSHAN FUCHENG VS NIGERIA
In 2010, Zhongshan, through Zhuhai Zhongfu Industrial Group Co. Ltd. (Zhuhai), its Chinese parent company, acquired rights to develop a free trade zone in Ogun state.
A year later, Zhongshan set up Zhongfu International Investment (NIG) FZE (Zhongfu), a Nigerian entity, to manage the project under the permission of the Ogun state government.
However, things took a different turn in July 2016 when the investor accused the state government of abruptly moving to terminate its appointment while attempting to install a new manager for the free trade zone.
Subsequently, Zhongfu initiated an investment treaty arbitration against Nigeria under the bilateral investment treaty between the People’s Republic of China and Nigeria (the China-Nigeria BIT).
The arbitrators had ruled that Nigeria was in breach of its obligations under the China-Nigeria BIT and awarded Zhongshan compensation of around $70 million.
In January 2022, the Chinese company initiated a case to seek enforcement of the arbitration award.
Nigeria pleaded state immunity but was turned away by Sara Cockerill, a high court judge in the UK, who said the country abused the time frame for appealing arbitral awards.
THE US APPEAL COURT JUDGMENT
In the majority judgment, the US appellant court held that the final arbitration award is enforceable under the New York convention since the dispute is between “persons” that share a legal commercial relationship.
The court ruled that the Foreign Sovereign Immunities Act (FSIA) arbitration exception stripped Nigeria of the sovereign immunity in the arbitration award case.
“For the foregoing reasons, we hold that the final award is enforceable under the New York convention because it arose out of differences between ‘persons’ that share a legal, commercial relationship,” the majority judgment reads.
“The district court therefore has jurisdiction over this case under the FSIA’s arbitration exception. The judgment of the district court is affirmed.”
The majority judgment was issued by Patricia Millett and Julianna Childs.
In the dissenting judgment, Gregory Katsas, the third judge, argued that when the New York convention was drafted, the word “persons” did not include a sovereign nation.
Katsas held that the action of Ogun state cannot be attributed to Nigeria, adding that the arbitration award “arises solely out of Nigeria’s sovereign acts governed by public international law”.
“Text, legal context, and drafting history all indicate that the word ‘persons,’ as used in the New York Convention, does not include signatory nations acting as sovereigns. I respectfully dissent,” Katsas said.
NIGERIA LOSING CASE AGAINST CHINESE FIRMS IN MULTIPLE JURISDICTIONS
Barely three days after the judgment of the US appeal court, a Paris court in France ordered the seizure of three jets belonging to the Nigerian government over the dispute involving the arbitration award to the Chinese firms.
In 2023, a court of appeal in the UK ruled that Nigeria is liable for a $70 million arbitration award in favour of the Chinese firm.
The development means that Nigeria has lost arbitration award cases against the Chinese firm in France, the US, and the UK.
The Nigerian government has accused the Chinese firm of attempting to use deceptive means to acquire the country’s offshore assets.
Tinubu not after wealth, my Maiduguri house better than his Bourdillon home — Shettima
Vice President Kashim Shettima has asserted that he dresses better than his principal, President Bola Ahmed Tinubu.
This is as the number two citizen claimed that Tinubu has been using only one wristwatch since he knew him.
Shettima made these claims during the launch of Professor Modupe Adelabu’s book, held in Abuja on Thursday, where he highlighted the president’s unpretentious lifestyle.
Shettima urged Nigerians to extend their support to Tinubu in addressing the nation’s socio-political, economic, and security challenges.
The Vice President stressed that Tinubu is worthy of the public’s confidence and reassured citizens that the stringent measures being enacted by the government would soon produce favourable outcomes.
Shettima said: “In President Bola Ahmed Tinubu, we have a leader that we can invest our trust in. I’m not playing politics, I’m speaking from the heart. I have seen the soul of Bola Tinubu, and he has a good soul.
“He means well for the nation. He wants to live in a place of glory. He is not in power to engage in primitive capital accumulation. He is in power to leave landmarks in the sands of time. He is the most demonised politician in Nigeria. The first time I went to his house at Bourdillon, I was looking forward to seeing a mansion comparable to Buckingham Palace, with gardens, and swimming pools, but there was nothing special about that house. My house in Maiduguri is better than the house in Bourdillon.
“And at the formative stage of the APC, we held a meeting in his house. They served us a variety of meals but he opted to take garri with groundnut for lunch. Since I have known him, he has been using only one wristwatch, and in fact, I dress better than him. He doesn’t even care. He has overcome all those odds to dress well. So we need to rally around this poor man. He has taken some bold steps. The economy that we met was in a huge mess.
“But it wasn’t for us; we were part of the Buhari administration; we cannot deny that. We belong to the political family. It’s not about apportioning blame, but it’s about finding solutions to our nation’s needs. We knew there were challenges. Forget about the politics being played by the Atiku Abubakar and the obedient crowd; they all said they are going to withdraw the fuel subsidy.”
Shettima further stated that Nigeria’s economy is now on a path to sustained growth as a result of some far-reaching decisions taken by the President.
He said: “The President had the courage, the political courage, and the willpower to take far-reaching decisions, and it always comes at a price. When a woman is about to give birth, it’s a very painful process but after the child has come forth, it’s a cause for celebration. I believe that posterity will be very kind to this poor man.
“He has taken far-reaching decisions, and the economy, we have crossed the river. The economy is now on a path to sustain growth. We are now exporting about 1.7 million barrels of oil per day. The Naira is stabilising against the dollar, and with the food security crisis that is confronting us, we cannot divorce ourselves from the realities in the global space.
“It’s not a localised phenomenon, but ours was further compounded by the security challenges in the traditional food basket of the country, the North Central, and the North West but the security issues will be addressed, and be rest assured that in the coming months, Nigerians will see a sea of change in their fortunes. I want to ask all of us to rally around this poor man.”
The book launch was attended by several dignitaries, including the Governor of Ekiti State, Biodun Oyebanji, Chief Bisi Akande, Chief Pius Akinyelure, and Femi Gbajabiamila, the Chief of Staff to the President.
Additionally, former governors Otunba Adebayo and Kayode Fayemi were present, along with Adedolapo Fasawe, the Mandate Secretary of the Federal Capital Territory for Health Services and Environment. The event also saw the participation of both former and current lawmakers, traditional rulers, and leaders from various industries.
My life, family under threat for supporting APC —Video blogger, Obanla
She said if anything happens to her and her children, two individuals (names withheld, but known to the Police), should be held responsible.
How my Husband died during our fight over another woman he impregnated - Beatrice, ex-convict0:16 / 1:07
keep watching
Mrs.Obanla stated that, while she has petitioned the Nigeria Police Force, the notice was to all Nigerians, the international community, her family, friends and colleagues that her life and that of her children are under serious threat.
According to her, “though one of the duo is currently in police custody, but I have continued to receive phone calls in recent times and the caller told me that they have been paid to take my life.
“My son also called to inform me that he was called by someone who asked him to go and beg this particular person. My take is that some people are trying to fight for her.
“The lady (names withheld) picked quarrel with me because of my support for the All Progressives Congress (APC) and because she has been against the Federal Government, so it was easier for me to become her enemy for throwing my weight behind the current administration.”
Alleged Looting Of Sensitive Document In Corruption Case Against Me Baseless – Ganduje
Dr Abdullahi Ganduje, the National Chairman of the All Progressives Congress, APC, has described the allegations that protesters looted and carted away ‘sensitive documents’ relating to his corruption trial as a huge joke.
The former Governor of Kano State in a statement signed by his Chief Press Secretary, Edwin Olofu on Thursday said credible intelligence reports revealed that the protest, which tragically turned bloody, was directly sponsored by Governor Abba Kabir Yusuf’s administration.
He said contrary to the claim by the Kano government suggesting that APC sponsored the recent violent protests in Kano, rather it was the Kano State government that funded the protest to tarnish the image of President Bola Tinubu-led administration.
The chairman stressed that it was alarming that a sitting governor would incite such chaos and violence within his state, putting the lives and properties of innocent citizens at risk.
Ganduje, therefore, condemned this reckless and irresponsible behaviour, which he said was an attempt to destabilize Kano, undermine the peace and security of the region, and more importantly tarnish the good image of the President.
He demanded that the federal government, through relevant security agencies, immediately launch a thorough investigation into the Kano State Government’s involvement in this unfortunate incident.
Ganduje maintained that the sponsors of this violence must be brought to justice to ensure that this does not set a dangerous precedent for other states.
He noted: “It is laughable that governance has been reduced to a huge joke in Kano state that the state government will condescend low to suggesting that demonstrators broke into a court and carefully selected documents relating to the trial of the APC National Chairman, handpicked them and take them away in this digital age, no discerning mind will buy into this pedestrian propaganda.
“What happened to the documents with the government lawyers? The state government is bereft of ideas on how to run the affairs of the state and has always resorted to churning out myriads of corruption allegations against the former governor of the state Abdullahi Umar Ganduje and his family who served the state diligently.
“This claim is nothing more than a desperate attempt by Governor Yusuf’s administration to divert attention from their culpability in the violence that erupted in the state.
“The insinuation that such critical documents could be carted away during a protest is not only far-fetched but also a clear indication of the state’s growing incompetence in handling both security and legal matters.”
US Man Wrongly Imprisoned For 48 Years To Receive $7 Million Compensation
A 71-year-old man who spent 48 years in jail over a crime he was wrongly imprisoned for will receive a $7.15 million settlement from the city responsible for his wrongful conviction.
Glynn Simmons, holds the record for serving the longest time in prison before being exonerated in U.S. history, according to The National Registry of Exonerations.
Simmons was released last year after enduring 48 years, one month, and 18 days of wrongful imprisonment.
The city council of Edmond, Oklahoma, voted on Monday to approve a settlement that would compensate Simmons and settle claims against the city and a detective linked to his conviction, as revealed by public records.
Simmons’ legal team described the settlement as a “partial resolution” of his lawsuit, which alleges that city officials and police officers fabricated evidence to frame him for murder.
Lead attorney Elizabeth Wang said, “Mr. Simmons spent a tragic amount of time incarcerated for a crime he did not commit.
“Although he will never get that time back, this settlement with Edmond will allow him to move forward while also continuing to press his claims against Oklahoma City and a leading detective.”
In 1975, Simmons and another man, Don Roberts, were sentenced to death for the murder of a 30-year-old liquor store clerk during a robbery in Edmond the previous year. Their sentences were later reduced to life in prison.
The conviction of both men was based solely on the testimony of a teenage customer who survived being shot in the head during the robbery.
Although she identified them in a police lineup, a later investigation cast serious doubt on the accuracy of her identification.
Both Simmons and Roberts testified during their trial that they were not even in Oklahoma at the time of the crime.
U.S. District Court Judge Amy Palumbo overturned Simmons’s conviction in July of last year, and he was officially declared innocent in December.
Roberts, who was also wrongfully convicted, was released from prison in 2008, according to The National Registry of Exonerations, a project by three U.S. universities.
‘The ₦21 Million Naira Mentioned By Senator Sumaila Is Not A Personal Allowance Or Salary’ – Nigerian Senate counters claim
The Nigerian Senate, on Thursday, debunked reports that lawmakers in the upper chamber of the National Assembly receive ₦21 million naira monthly as salary and allowances.
The Chairman, Senate Committee on Media and Public Affairs, Senator Adeyemi Adaramodu, made this clarification in a statement in Abuja.
According to him, running costs, as mentioned by Senator Abdurrahman Kawu Sumaila in his earlier interview, is not peculiar to the National Assembly, and neither is the mentioned amount a personal emolument for any Senator.
The explanation follows the disclosure by Sumaila, who represents Kano South senatorial district of Kano State in the National Assembly, that Senators get ₦21 million naira monthly each as allowances and running costs.
He made the revelation in a chat with the BBC Hausa Service on Wednesday morning.
The disclosure generated fresh controversy over the earnings of Nigerian lawmakers amidst the allegation by former President Olusegun Obasanjo that members of the National Assembly, fix bogus salaries and allowances for themselves in contravention of extant laws.
However, Adaramodu said that “running cost” was quite different from the salary and personal allowances of the lawmakers.
He explained that the running costs are not personal to any lawmaker, but used for official purposes such as maintaining lawmakers’ Constituency offices and staff, oversight functions and community engagements.
The Senate spokesperson said the lawmakers do not engage in wasteful spending, explaining that “The Nigerian Senate is an Assembly of accomplished and successful professionals, administrators and captains of industries, who are not driven by these often touted egregious pecuniary bits, rather for their patriotic zeal in the nation’s quest to breathe life to Nigeria’s political and socio-economic dry bones.”
Adaramodu said the Revenue Mobilisation and Fiscal Allocation Commission (RMAFC) has already clarified and disclosed the monthly salary of lawmakers in the country, and all other figures apart from what the commission declared should be ignored.
“For the umpteen time, the Senate is compelled to react to the obsolete allegations of a phantom salary and personal emoluments spuriously credited to Senators monthly.
“The Revenue Mobilisation and Fiscal Allocation Commission, the agency of government that fixes political officials’ salaries and allowances, has duly disclosed the monthly personal take-home of Senators.
“However, all arms of Government and their personnel, Governors, Ministers, Permanent Secretaries, Directors-General, State Commissioners, even Boards and parastatals, including local government councils run their activities with running costs and the National Assembly is not an exemption.
“Thus the money referred to by Senator Kawu Sumaila is neither his salary nor personal allowance.
‘It’s for the daily running of offices by Senators and other attached statutory officials. It equally provides funds for Constituency office staff. It is also for oversight functions and community engagements.
“This funds are not static and it’s provided for in the annual budget. Such funds are retired by relevant officers after being used for official purposes and proof of genuine expenditure.
It’s not a personal allowance or salary of the legislator.
“The National Assembly receives about one per cent of the federal budget and has never exceeded this, even when the non-availability of funds is pervasive.
“The Nigerian Senate is an Assembly of accomplished and successful professionals, administrators and captains of industries, who are not driven by these often touted egregious pecuniary bits, rather for their patriotic zeal in the nation’s quest to breathe life to Nigeria’s political and socio-economic dry bones,” he said.