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Ifeanyi Ubah V NNPC: 25 Points DSS Failed To Note —By Ade Omoletu

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Yesterday, the Court premises was filled with people from different works of live on solidarity for Ifeanyi Ubah.

The group that is made of market women and men , civil society organizations , Igbo groups , labour unions etc. were all at the court in solidarity with Dr Ifeanyi Ubah .

You may recall that DSS had on 5th May arrested Ifeanyi Ubah ,the MD Capital Oil and Gas for what they alleged to be a case of stealing , illegal diverting of NNPC Fuel and inciting of the labour union . 

But, Capital Oil and Gas and Labour union (NUPENG) have denied the allegations  by stating that NNPC is indebted to the Capital Oil and gas to the tune of over N16 billion.

Publicity secretary of Human Right group  Right Watch ), Dr Tunde O. Tunde who was also at the court stated that the incarceration of Dr Ifeanyi Ubah amount to not just threat to his right ,but threat to the Nigeria Democracy .

According to him: “Why overheating the Polity? 

“This is a mere commercial transaction between NNPC and Capital Oil which should be resolved in line with the contractual principles.

“Using coercion forces of the govt on this issue amount to threat to Nigeria Democracy .” he submits.

More so, one Mrs Edith questioned the government’s commitment in tackling the mirage of challenges facing the people .

“Imagine that over 2000 workers and their families are under economic threat due to the Govt action on Capital Oil . 

“I was thinking: shouldn’t govt be more considerate on the plight of the people than hitting the people hard through their malicious actions against Capital Oil and Gas?” she asked

A Security Consultant Mr Godwin Ayo, also informed the press that Nigerian Security agency should upgrade its operational tactics and  understand the modern ways of securing the Country .

According to him, “Just look at the way they ended up making Mazi Nnamdi Kanu who was unknown by Nigerians until they arrested him famous .

Today, we are making the same mistake. You arrested Ifeanyi Ubah on issue that has to do with Commercial transactions which ought to be treated in a civil court and today, not only that you are creating panic in the system and building unnecessary tension in the polity, but you are even making him a hero,” he said. 

“Government should not be seen as the one creating multi lines of regional Cum ethnic  tensions and mutual distrust amongst its citizenry by its actions”.

Watching closely, you will observe that  South East is one zone that believe that Buhari-led Federal Government is against them and the Federal government through its  security agency should not be seen  confirming this widely held belief. 

Currently, the issue  of the Zone being excluded from the Coastal Railway projects is trending, thereby confirming this belief, now when you juxtapose it with the commando style and militaristic interference of DSS in a pure Civil case involving two business partners by arresting Dr Ifeanyi Ubah, the MD of Capital Oil and gas and subsequently disobeying for the second time a valid  court order to produce him leaves one with no choice, but to believe that this is a calculated effort to kill the enterprises of the zone.

DSS must as a matter of national interest and in clear respect of democratic tenets live up to its statutory responsibility and stop taking us aback to the era of dictatorial military regimes.

#Justice4IfeanyiUbah is now a National anthem

1- There is what is known as “Throughput contents” in the contract document between NNPC and Capital Oil .

The “Throughput” agreement, in accordance with the norms and practice in the industry worldwide, allow conversion and diversion of its products by the ‘Operator’ so long as the Operator is prepared to re-deliver the products (in terms of the current contract) within 7 days of demand by the products owner or to pay a penalty for non-re-delivery. 

The penalty to re-deliver is expressly stated by the Contract to be a mere breach of contract remediable by the payment of penalty to the owner. The penalty is comprised of the cost of delivery of the products to the Operator’s tank farm with interest at 1%. 

Therefore, there cannot be an issue of crime in conversion or diversion of products under a throughput contract between NNPC and Capital Oil .

2-  Again, According to Common law rule of “Warehouseman Lien” which expressly state that:-

“When goods are delivered to a professional storage operator (we will refer to them as a warehouseman) for “throughput”, they may become subject to a lien.

A lien is a security right which gives the warehouseman rights over the goods that can take precedence over the rights of others, including the owner. 

The warehouseman is entitled to exercise the lien when he or she is left unpaid for services rendered and in so doing will gain legal control over the goods. 

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