NLNG wins NIMASA @High Court over levy applicability

ITRealms:

The Federal High Court sitting in Lagos, Tuesday delivered a landmark judgment in favour of Nigeria LNG Limited (NLNG) in a case between the company and the Nigerian Maritime Administration and Safety Agency (NIMASA) over applicability of NIMASA levies, reports ITRealms.

NIMASA, ITRealms gathered had alleged that NLNG was liable to pay  three per cent gross freight  on its international inbound and outbound cargo, Sea Protection Levy, two per cent cabotage surcharge on all activities carried out for and on its behalf, as well as other sundry claims, all of  which NLNG disputed.

In a landmark judgment in Lagos, Hon. Justice M.B. Idris held inter alia, that NLNG was not liable to make the said payments to NIMASA, and that all such payments already made by NLNG to NIMASA should be refunded to NLNG forthwith. Hon. Justice Idris further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against NLNG.

ITRealms reports that NLNG, in 2013, filed the case at the Federal High Court against NIMASA, seeking a judicial determination on, among other things, the legality or otherwise of the levies sought to be imposed on NLNG by NIMASA, and the consequent blockade of the Bonny Channel by NIMASA and its agents as a result of the dispute.

Also, ITRealms reports that NLNG had sought a Court Order restraining NIMASA from further blockade of the Channel. An Interim Injunction granted in favour of NLNG by the Federal High Court was disobeyed by NIMASA, which again affected a blockade of the Bonny Channel for over a three week period whilst the matter was pending, thereby preventing NLNG vessels and other vessels doing business with the company, from entry and exit through the Channel.

NIMASA had filed a Counterclaim restating its supposed entitlement to receive payment of the levies from NLNG. However, the Federal High Court judgement reinforces NLNG’s position that by the provisions of the applicable laws, the Company is  not subject to payment to NIMASA of the three percent gross freight as well as the Sea Protection Levy,  and that the two percent Cabotage Levy is inapplicable because NLNG’s LNG vessels are not involved in coastal trade or cabotage.  This decision also affirms the sanctity of the guarantees and assurances conferred on the Company and its Shareholders by the Government of the Federal Republic of Nigeria, on the strength of which the Shareholders made their investments from which the country has reaped immense returns.

Responding to the judgement, the General Manager, External Relations at NLNG, Mr Kudo Eresia-Eke, asserted that NLNG as a law abiding company and a good corporate citizen remains committed to conducting its businesses in accordance with the laws of the Federal Republic of Nigeria.

Chuks Egbune/GEE

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EFCC arraigns UNIBEN undergraduate over Internet scam

ITRealms:

A final year student of Computer and Statistics at the University of Benin (UNIBEN) Kenneth Rukewe Ebule, has been arraigned before an Edo State High Court in Benin-city over Internet scam by the Economic and Financial Crimes Commission (EFCC), reports ITRealms.

Head, Media and Publicity at EFCC, Mr. Wilson Uwujaren confirmed this in a press statement sighted by ITRealms, saying that Ebule was arraigned Thursday, October 30, 2014 before Justice E. F Ikponmwen of an Edo State High Court, sitting in Benin-City on a 6-count charge bordering on Internet-related scam including forgery, obtaining money by false pretence and possession of fraudulent documents.

ITRealms also gathered that the accused person allegedly duped Sabine Albert, a German, of the sum of $12,088.75 (Twelve Thousand Eighty Eight Dollars and Seventy Five Cents) through fraudulent claims. 

Rukewe, 30, was arrested by officials of a new generation bank on May 28, 2014 in Benin City and handed over to the EFCC for further investigation. Troubles started for him when Albert alleged that within two months after he had internet contact with him, Rukewe fraudulently obtained the sum of $12,088,75 (Twelve Thousand Eighty Eight Dollars and Seventy Five Cents) from him.

Rukewe allegedly posed to Albert as an English businessman on transit in Nigeria. He gave his name as Bob Albert and told his victim that he had a contract with a Nigerian company worth €1.200, 000.00 and that he needed a loan to facilitate a transaction with the company. He promised to pay back the loan and even doubled it because he was sure of pulling through the transactions. He also told Albert that he had complications and suffered a robbery attack.

Rukewe also falsely told Albert that, a levy of  of N1,975,861 (One Million, Nine Hundred and Seventy Five Thousand, Eight Hundred and Sixty One Naira only) was imposed on him by the Federal Inland Revenue Service for the release of his International Passport, and a cheque  worth 1, 200,000 Euros. He also pleaded for a flight ticket to London.

Based on all these, Albert offered to loan him the money by sending it through Western Union, only to discover that he had been scammed.

Investigation also revealed that the suspect had defrauded other German nationals to the tune of $110,975.00USD (One Hundred and Ten thousand, Nine Hundred and Seventy Five United States Dollars) between May 2013 and January 2014.

When the charges were read to the defendant, he pleaded not guilty.

One of the charges read in part:
“Ebule Kenneth Rukewe (a.k.a. Bob Albert), on or about the 17th day of July, 2013 within the jurisdiction of this Honourable Court, with Intent to defraud, obtained the sum of  $12,088,75 (Twelve Thousand Eighty Eight Dollars and Seventy Five Cents) from Sabine Albert (a German National), under the false pretence that the money represented part payment of N1,975,861 (One Million Nine Hundred and Seventy Kobo) levy imposed one Bobby Albert (a British citizen) by Federal Inland Revenue Service for the release of the International Passport, Cheque worth 1,200,000 Euros and flight ticket to London of the said Bobby Albert, which representation you knew to be false”.

In view of the plea of the defendant, prosecution counsel, Kayode Oni asked for a trial date and prayed the court to remand the defendant in prison custody. The defence counsel, Maureen Morka informed the court of her application for bail dated September 9, 2014 and prayed the court to grant the defendant bail.

Justice Ikponmwen granted the defendant bail in the sum of One Million Naira and two sureties in like sum. The sureties must be resident in Benin City and must be gainfully employed in Edo State. The defendant must also produce his student identity card.

Justice Ikponmwen subsequently adjourned the case to November 21, 2014 for hearing and ordered that the defendant be remanded in prison custody pending the perfection of his bail.


+Remmy Nweke (ITRealms) +Efcc Ibrahim Lamorde +EFCC MEDIA +Naija AgroNet @DigitalSENSEng @InternetScam #Nigeria

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Pix: Suspected Kenneth Ebule as supplied by EFCC