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Election Petitions: Need for litigants, judges to avoid technicalities

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By Ehichioya Ezomon

In Nigeria, losers hardly accept their defeat, and virtually every election contest ends at the election petitions tribunal.
To regain their alleged “stolen mandate,” petitioners attempt to exploit loopholes in the laws via technicalities, and not through the so-called rigged processes.
That’s why as fireworks are yet to begin at the Presidential Election Petitions Court (PEPC) against the declaration of Bola Ahmed Tinubu as winner of the February 25, 2023, Presidential Election – parties to the dispute are already preping for appeals to the Supreme Court.
The apex court is the last busstop in Nigeria for election matters; and the May 9 judgment on appeals from the 2022 governorship poll in Osun may serve as a template for the petitions at the PEPC.
That ruling has buoyed, and also dampened the petitioners and respondents’ optimism to get reprieve at the Supreme Court.
The court had weighed in on the centrality of the Bimodal Voters Accreditation System (BVAS) in the transmission of election results. 
The five-member panel held that by the Electoral Act 2022, “Instant or on-the-spot transmission of the number of accredited voters in the BVAS to the backend server of INEC is not backed by law.”
Besides, the court affirmed that to prove over-voting in an election, you’ve to present the polling unit BVAS for physical evidence.
The judgment on the Osun poll has reinforced the “pre-eminence” of the Supreme Court as the final arbiter – from which no further appeal lies to question its decision.
Be it a “substantial justice” or a “miscarriage of justice,” parties that submit to arbitration of the Court must accept its final opinion.
This is exemplified by former Governor Adegboyega Oyetola, hours after the Supreme Court ruling stamped his loss of the July 2022 governorship in Osun. In a personal statement, Oyetola said:
“We strongly believe we presented a good case before the Supreme Court but the court thought otherwise and has given its verdict. While the outcome is against our wish and that of our party members and supporters, we are all bound to accept it as law-abiding citizens… To our members and supporters across the state, I urge you all to accept the verdict of the court and move on.”
The late Justice Chukwudifu Oputa stressed the “unquestioned decision” of the Supreme Court when he declared: “We are final not because we are infallible, rather we are infallible because we are final.”
The Oputa declaration rings ominously at the PEPC, especially in regard to some of the cases the Supreme Court has delivered since the return of democracy in 1999.
To critics, the court is viewed as overplaying its judicial activism, and at the same time relying heavily on strict interpretation of the law. Four examples will suffice:
In 2007, the Supreme Court declared Chibuike Rotimi Amaechi as governor-elect of Rivers State even though he didn’t campaign for the position, nor vote at the poll.
The court held that votes belong to the party, and not the candidate. And that Amaechi, having won the PDP primaries, should inherit the votes scored by Celestine Omehia, who replaced him at the poll, and be returned as governor-elect.
In 2019, the Supreme Court invalidated APC’s primaries in Zamfara, and dismissed the party’s governor-elect, deputy governor-elect, and assembly members-elect, and yielded their seats to the defeated PDP candidates.
In Bayelsa in 2021, the Court, on alleged certificate forgery against the APC deputy governor-elect, sacked the governor-elect on the eve of his inauguration, and crowned the defeated PDP candidate as governor-elect.
In 2023, Senate President Ahmad Lawan, who lost his presidential bid – and didn’t participate in the APC senatorial primaries for Yobe North in 2022 – clinched the ticket via a ruling of the Supreme Court.
The court held that Bashir Machina, winner of the primaries, ought to proceed with a “writ of summons,” and not an “originating summons,” as his fraud allegation against the APC needed to be corroborated by sworn witnesses.
Still, the Supreme Court has had cause to warn against over-reliance on technicalities to shut out litigants from being heard on the merit of their cases.
Ebun-Olu Adegboruwa (SAN), in a piece on “The evils of technical justice” (SaharaReporters of February 2, 2021), referenced the case of Boniface Ebere Okezie & 3 Ors. v. Central Bank of Nigeria & 5 Ors. (2020) 15 NWLR (Pt.1747) 181 – that trasversed the judicial road for 11 years (2009-2020).
The Plaintiffs filed an originating summons, setting out their claims in “declarations, injunctive reliefs and damages,” without questions for determination. The defendants objected to the writ as meritless, and the court lacking the jurisdiction to hear the case.
Both the High Court and Appeal Court sustained the preliminary objection by the defendants, but the Supreme Court reversed their decisions, and “took out time to define the role of the judiciary, in very clear terms,” thus:
“The paramount duty of courts is to do substantial justice and not cling to technicalities that will defeat the ends of justice. It is more in the interest of justice that parties are afforded reasonable opportunity for their rights to be investigated and determined on merit rather than that parties be shut out prematurely from being heard on the grounds of non-substantial compliance with rules of court.
“It is immaterial that there are technicalities arising from statutory provisions, or technicalities inherent in rules of court. So long as the law or rule has been substantially complied with and the object of the provisions of the statute or rule is not defeated, and failure to comply fully has not occasioned a miscarriage of justice, the proceedings will not be nullified.”
But in the earlier cited cases, the Supreme Court side-tracked substance, and relied on technicalities to deny the poll winners, and allow the losers to reap “where they did not sow.”
Hence, the anxiety in the APC and President-elect Tinubu’s camp, as the petitions at the PEPC have the coloration of cases decided by the Supreme Court in recent times.
As allegations of election fraud are difficult to prove “beyond all reasonable doubts,” petitioners at the PEPC have placed heavy weather on technicalities, rather than the substance of the votes cast at the February 25 poll.
Thus, the petitioners make light of the charge of rigging, and zero in on “soft targets” to disqualify the President-elect, or cancel or annull the poll. The petitioners’ claims:
1) That Tinubu’s forged birth, education and job records, swears on oath, and commits perjury.
2) Convicted for narcotics and money laundering, he forfeited $460,000 to the U.S. government.
3) He’s dual citizenship: Nigeria and Guinea, in breach of provisions of the 1999 Constitution. 
4) Shettima was nominated for two elective positions in the 2023 poll cycle, in violation of provisions of the Electoral Act 2022.
5) INEC violated the Act, and its own regulations and guidelines by failing to transmit the presidential results via the BVAS onto the INEC Results Viewing (IReV) portal.
On March 1, INEC declared that Tinubu of the APC won the poll with 8,794,726 votes, while Atiku Abubakar of the PDP and Peter Obi of Labour Party scored 6,984,520 votes and 6,101,533 votes, as first and second runners-up.
Five of 17 defeated candidates and their parties had filed petitions at the PEPC, to upturn the INEC declaration, but two petitions had been withdrawn, and dismissed.
Atiku and Obi claim to win the election, pray the court to return them elected, or cancel (or annull) the poll, and conduct a fresh one between Tinubu and Atiku, as top scorers; or between Atiku and Obi if Tinubu’s disqualified, as Obi canvasses. 
Atiku and Obi argue that the allegations against Tinubu, and rigging of the poll by the APC have unqualified Tinubu for President, and the votes cast for him are wasted, and his declaration as President-elect null and void.
Yet, many in the opposition have expressed worries that the pre-hearings at the PEPC are coming midway into the 180 days allotted for disposal of petitions.
But to uphold the dictum of justice delayed is justice denied, the PEPC has advised counsel to, “avoid unnecessary technicalities.”
Chairman of the five-member panel, Justice Haruna Tsammani, said: “Election is time bound, let us not waste unnecessary time, let us cooperate with each other so that everyone will leave here satisfied.”
“We are determined to look at all the matters brought before us. Let us look at what is good for our country and avoid time-wasting applications.”
The tribunal’s advice is timely in that election is sui generis (of its own kind, in a class by itself, or unique) from ordinary legal issues. 
Lawyers take undue advantage of the unusualness of poll matters to file “frivolous applications” – based on technicalities – in attempts to sway or slow down proceedings.
For now, the PEPC, and Supreme Court are under the spotlight, to deliver substantial justice, and not “technical justice” that erodes the substance of matters before them!

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria

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Opinion

To A VeryDarkMan Who Lights Up A Dark Country, Respect

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By Ikeddy ISIGUZO

You can also commit injustice by doing nothing. – Marcus Aurelius

PITCH darkness descends on Nigeria regularly enough that disconcerting as it is,  darkness may be a distinguishing Nigerian feature that is not about to go away. Fewer places reflect the darkness, the neglect of the Nigerian society, than the fullsomeness of the energies for dispensation of injustice.

The entry of a young man, 30, more popularly  known  as VeryDarkMan, is pointing the light to some of the more embarrassingly darkened sides of our justice system. We should be grateful to him for his disruptions.

Without him, the minors who the President, in a rare case of momentary wakefulness, released, would have had their trials  continued under a serious charge of trying to overawe the President’s administration. Minors, as they were, sick, hungry, all the traces of their stresses in full view, were put away for 60 days to allow investigations. Their deemed sponsor is out of reach of the law or above it.

The minors harvested from Kano, Adamawa, other States in the North, and Abuja, for waving Russian flag during their agitation against bad governance, and the increasing hardship in the country, were expected to bail themselves with N10 million each, and have senior civil servants guarantee they would not run away. They need N710 million to get out of detention.

The release and acquittal of the 71 teenagers, mostly beggars picked from the streets, to the Kano State government, is said to be a significant victory for human rights. We joke too much, too often. They had been held since August 2024.

Nobody did anything to release them. They had been forgotten. VeryDarkMan’s momentary detention was the opportunity that beamed the light on the dark recesses of Nigeria’s justice administration.

How many others who cannot afford the price of justice are still held illegally? Some minors, some adults?

The police, the Ministry of Justice, the judge, and all the routes that the children passed to jail, ignored the fact the arrested were children.

VeryDarkMan shouted enough that the next time they were in court, pictures and videos of their fainting went viral. They were hungry. They were sick. They were probably knocking on the doors of death.

Marcus Aurelius whose regnal name was Imperator Caesar Marcus Aurelius Antoninus Augustus, was a stioc philosophy, a Roman Emperor from 161 to 180, a member of the Nerva–Antonine dynasty. He was among the last of the rulers later known as the Five Good Emperors and the last emperor of the Pax Romana, during which there was relative peace, calm, and stability for the Roman Empire from 27 BC to 180 AD.

He expects us to act in the face of a crime or brutal act. If we do not act, Marcus would rate our inaction a form of injustice.

Archbishop Desmond Tutu put it more succinctly. “If you are neutral in situations of injustice, you have chosen the side of the oppressor”.

We in different ways failed the minors charged to court in Abuja. They had no business being in jail and undergoing those dehumanising treatments that would stick with them for life. The courts were guilty.

Nigeria failed them particularly those who surround the President. They do too much worsening the public’s perception of the President. Not surprisingly, these same fellows are defending the arraignment of minors.

VeryDarkMan embarrassed them by asking for justice for the children. It was not long before people were questioning VeryDarkMan’s qualifications to dabble into human rights. He told them he had secondary school certificate. It was a disclosure that cut short whatever mischief they intended.

With all their education, their understanding of law and order, our Ministry of Justice easily mixing justice with injustice as they kept those children away for months. Who were they working for? Who do they account to? Is it enough to ask the children to go? With will be done to deter such official misbehaviour?

VeryDarkMan is the light that fights the pitch darkness that has seized the minds of the low and mighty in a mindless show of power, greed of immense dimensions, and the directionlessness that leads a nation that is speeding from one darkness to a worse one.

Who has forgotten the centres of concentric circles of conspiracies that cost Walter Samuel Nkanu Onnoghen, Chief Justice of Nigeria his plum job in 2017. None of the processes were followed. He was passed through the Code of Conduct Bureau, and sacked. The courts are now annulling the judgements.

No whimper was heard from the Senate which was in full session throughout the processes that terminated his appointment. The Senate confirms the appointment of the Chief Justice of Nigeria, who heads one of the three arms of our democratic government. Our neutrality, as Achibishop Tutu would say, convicts us.

There are more judges and higher ranking persons that the targeted injustices of the past and the times are affecting. Justice is far from everyone contrary to thinking that some are safe.

When the unjust act, they are blinded by motives. Justice Onnoghen in a minority, dissenting judgement, annulled the election of Umaru Yar’Adua as President of the Federal Republic of Nigeria in 2007. Onnoghen’s judgement voted in support of Muhammadu Buhari. It was the same Buhari that illegally sacked Onnoghen 10 years later.

Nigeria is bound by an uncaring leadership that cannot even care for itself. It is now impossible to stop the national grid from collapsing as if its constant collapse will increase our GDP. The administration unrelentingly feeds the public excuses for the unmitigated failure to supply electricity which is not even cheap.

Are we not expecting too much thinking that an administration that has made a policy of blaming everyone for everything will care for us? The issue is not that it will not – it simply cannot.

Perhaps VeryDarkMan would next beam his light on other abuses of our rights, while Marcus Aurelius still reminds us not to do nothing about injustices whether against us or other people.

Finally…

CHIEF Baltasar Ebang Engonga, the Equatoguinean whose private tapes almost got more attention than the US elections has proven that human beings can make something of anything. Engonga, the head of his country’s National Financial Investigation Agency, ANIF, is also head of the group that produced the thrilling 400 tapes that would have shaken the box office, stands by his story that participants in the tapes were not forced. I have heard several conclusions about the matter that introduced Equatorial Guinea. Not since the 2000 Olympics when Equatoguinean Eric Moussambani Malonga swam the 100 m freestyle on 19 September in a time of 1min 52.72 secs has the country attained monumental global attention. Moussambani had trouble concluding the race, but he set the record for the slowest time for the event. His time was more than twice regular times for the event. I doubt if we will ever know what Engonga did or understand it enough to pass a judgement.

YESTERDAY, Honourable Alexander Ikwechegh, the House of Representatives member for Aba North/Aba South returned to his constituency to share free petrol and kerosine. He no longer needs to apologise for slapping an Abuja uber driver Mr. Stephen Abuwatseya thrice. After waking Nigerians up to another shade of the oppression we face, Abuwatseya has apologised to Ikwechegh and absolved him of any wrong-doing. The cab man even said he should be blamed for provoking the lawmaker. I apologise for VeryDarkMan who the case wings to fly. VeryDarkMan has already apologised to Ikwechegh. Congratulations, Honourable, there is no better time to commence the 2027 campaign than now.

WHAT did Americans do that is shocking Nigerians? Did we not vote for Muhammadu Buhari? Then followed it up with Bola Ahmed Tinubu? If you sequence a Donald Trump-Joe Biden-Trump administration, the dissonance would not be much different from what Nigerians are suffering. The only difference, though, is that America has standing institutions (they ceased to be strong a while ago) that Trump cannot trample on, completely.

THOSE against Senator Remi Tinubu, the President’s wife, and Nuhu Ribadu, National Security Adviser leading national prayers as the elixir for national security and the tough times, in a week that Peter Obi suggested that productive hours should not be invested in prayers, have more work to do. Since we delight in citing foreign examples to support things we want to foist on others, how are these important national policies managed elsewhere?

• ISIGUZO is a major commentator on minor issues

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Opinion

Governor Okpebholo: A bright Edo beckons

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Governor Monday Okpebholo

By Fred Itua

Sophocles, a Greek philosopher and writer in his Play, Antigone, noted: ‘I have nothing but contempt for the kind of governor who is afraid, for whatever reason, to follow the course that he knows is best for the State.
’As Senator Monday Okpebholo assumes office today as the 6th elected Governor of Edo State, Sophocles’ sacred letters ring out loud.
Okpebholo’s emergence as the Governor of Edo State is both symbolic and historic. First, it has eclipsed the long marginalisation of the Esan (Ishan) ethnic group. In the last 33 years, the ethnic group, despite its cerebral population, has only held sway as managers of the State for an infinitesimal period of one year and six months.
Today, Edo people have proven to the rest of the world that everyone in the State matters.
Senator Okpebholo is not oblivious to the enormous tasks ahead of him. He is not also unaware of the damage the eight years of cankerworms and caterpillars Godwin Obaseki ruinously brought upon Edo people. Okpebholo may not have the full grapse of Obaseki’s damage yet. He is, however, ready to change the narratives, notwithstanding.
The emergence of Senator Okpebholo signals a new era of hope, progress, and transformative leadership. Born from humble beginnings, Okpebholo’s journey is a testament to the power of resilience, determination, and unwavering commitment to service. Despite the financial constraints faced by his family, his parents instilled in him the values of hard work, honesty, and perseverance. These early lessons would shape his character and lay the foundation for his future successes
Upon laying a strong foundation, Monday Okpebholo ventured into the world of business with a bold vision and unwavering determination. Drawing upon his innate entrepreneurial spirit and keen business acumen, he established successful ventures across various industries.
Through strategic decision-making, innovation, and a commitment to excellence, Okpebholo’s businesses flourished, creating jobs, driving economic growth, and contributing to the socio-economic development of Nigeria and Edo State.
Motivated by a desire to effect positive change and uplift the lives of his fellow citizens, Okpebholo transitioned into the realm of politics and public service. Recognising the need for visionary leadership and principled governance, he answered the call to serve his kinsmen and champion the aspirations of the people. As the Senator representing Edo Central Senatorial District, Monday distinguished himself as a principled leader, a tireless advocate for justice and equality, and a voice for the voiceless.
As a Governor, his conviction will be grounded in a profound commitment to the people of Edo State and a bold vision for the future. He envisions a State where every citizen has access to quality education, healthcare, and economic opportunities.
His economic blueprint prioritises job creation, infrastructural development, and investment in key sectors, such as agriculture, technology, and tourism.
Okpebholo is a firm believer in the transformative power of good governance, transparency, and accountability. He has pledged to govern with integrity, fairness, and inclusivity, ensuring that the voices of all Edo citizens will be heard and adequately represented.
Central to Okpebholo’s leadership philosophy is a deep-seated belief in servant-leadership and people-centred governance. He understands that leadership is not about wielding power or advancing personal agendas but about serving the needs and interests of the people.
Senator Okpebholo will lead by example and demonstrate humility, empathy, and a genuine concern for the welfare of his constituents – Edo people. He will foster collaboration, dialogue, and consensus-building and recognise that collective action is essential for driving meaningful change and progress.
Okpebholo’s vision for Edo State is grounded in a grassroots approach that prioritises community engagement, outreach, and empowerment. He understands the importance of connecting with people on a personal level, listening to their concerns, and earning their trust.
Okpebholo represents the embodiment of hope, progress, and transformative leadership. His life story, marked by resilience, determination, and a commitment to service, resonates with the aspirations of the people of Edo State.
With his vision, integrity, and proven track record of success, Okpebholo is poised to lead Edo State into a new era of prosperity, unity, and inclusive development.
As the Governor of Edo State, he will not retreat and place his responsibilities on the shoulders of others. He will make tough decisions that will move Edo forward. Unlike Obaseki, who earned himself a name as the most famous MoU Governor, Okpebholo will rely on the expertise of the vibrant Edo State Civil Service and other capable hands he will hire to drive home his agenda for the Heart Beat of the Nation.
Okpebholo repeatedly assured during the campaigns that ‘Edo will witness a new development. This is the time the civil servants in the state will have a free hand and enjoy their job. There will be no consultants coming from somewhere to do their jobs. We will give them a chance to do their job. Their salaries would be guaranteed and no one would reduce their salary.’
As an ICT guru, Okpebholo will harness the skills of Edo entrepreneurial youths and make the State the hub of IT experts in the West of the Savanah. Under his watch as Governor, the vibrant youths of Edo will be put to gainful use and add to the growth and prosperity of the State.
No section, ethnic group, or religious aligners will be left out in Okpebholo’s Government. With him as the Captain of the ship, Edo State will berth successfully, and the people shall echo the Book of Proverbs 29:2, that ‘When the righteous are in authority, the people rejoice.’

Rohini Nilekani, an Indian writer, author, and philanthropist, posited that ‘As citizens, we have to co-create good governance, we cannot outsource it and hope to be passively happy consumers. Like everything worth its while, good governance must be earned.”

What more can I add than to urge Edo sons and daughters to rally behind their worthy son, Okpebholo. He will make Edo State safe and great again.

From the Kukuruku Hills in Iyamho to the Anthills in Udomi; vast arable lands in Sobe, to the oil-rich Gele Gele; fear not! With Governor Monday Okpebholo, AKA, Akpako-Messiah, help has come!

As a Christian, I offer this prayer from the second stanza of a hymn, titled Abide With Me by Henry Francis Lyte for Governor Okpebholo.

‘Abide with me, fast falls the eventide. The darkness deepens Lord, with me abide. When other helpers fail and comforts flee, Help of the helpless, oh, abide with me.’

May the grace of our Lord Jesus Christ, the love of God, and the fellowship of the Holy Spirit, rest and abide with Governor Monday Okpebholo, now and forevermore, amen.

Long Governor Okpebholo!
Long live Edo State!
Long live the Federal Republic of Nigeria!

Fred Itua is the spokesman to Edo State Governor, Senator Monday Okpebholo

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Opinion

Dangote Refinery’s solo fight against ‘dirty fuel’ dump in Nigeria

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By Ehichioya Ezomon

If Africa’s richest man and Chairman of Dangote Group, Aliko Dangote, had thought his efforts and dogged determination to brace the odds and establish the multibillion dollar 650,000bpd-capacity Dangote Petroleum Refinery would bring him praises, and alleviate Nigeria’s decades-long dependence on corrupt and costly fuel importation, that expectation has turned into a nightmare – if not outright mirage. 
The coming on stream of the refinery, launched by former President Muhammadu Buhari on Monday, May 22, 2023 – and subsequent roll-out of its products – has met with obstacles deliberately erected by government officials, institutions and major players in the oil sector that are supposed to encourage, support, and enhance the production, accessibility and affordability of the products to the consumers.
From failure or refusal of the Nigerian National Petroleum Company Limited (NNPCL) and International Oil Companies (IOCs) to supply crude to the refinery, to the initial allegation by the Nigeria Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) that the refinery products are inferior and laced with high sulfur.
And from NMDPRA’s continued issuance of licences to marketers to import reported refined but “dirty fuel” when the Dangote Refinery has enough high-quality fuel in stock, and to NNPCL’s assuming the sole off-taker and retention of power to fix prices for the fuel, it’s been a journey from one problem to another wilfully created by interested parties to impede the refinery’s progress.
Nonetheless, Mr Dangote and the refinery seem equal to the “oil cabals” at every turn of their shenanigans, the latest being the alleged plans by an indigenous oil company to import off-spec fuel and blend them with products from the Dangote Refinery, and possibly pass them off as sourced from the refinery, or to scramble with the Dangote products for market share.
Revealing the plot in a statement on November 3, 2024, without mentioning names, the Dangote Refinery said: “An international trading company has recently hired a depot facility next to the Dangote Refinery, with the objective of using it to blend substandard products that will be dumped into the market to compete with Dangote Refinery’s higher quality products.”
The company – unveiling itself as Pinnacle Oil & Gas Limited – located about 500 metres away, had approached the refinery to extend its pipeline to the company’s tank farms “for the purpose of blending our high-quality products with their imported products and selling them to Nigerians.”
Following a report about the antic of the company, Pinnacle Oil, without prompting, let itself out of the bag, clarifying that, as the only depot located close to the refinery, it sought to address the concerns raised by the refinery and reinforce its dedication to maintaining high-quality standards in all its products.
The company said: “Pinnacle Oil & Gas has the only depot facility next to the Dangote Refinery. Without equivocation, we state that Pinnacle Oil & Gas would never engage or attempt to import or distribute any off-spec or substandard product into the Nigerian market. Our company has a reputation for integrity and regulatory compliance, which is extremely important to us.”
Skirting the issue of blending of off-spec products, the Pinnacle Oil, ostensibly attempting to cast the Dangote Refinery as monopolistic in the oil sector, said that, “deregulated commodity markets work best with an open system of multiple sellers and multiple buyers bidding to establish the market price.”
“For Nigeria to have supply options that include local refineries or imports is the mechanism that will establish the lowest sustainable prices,” the company said, adding that, “a free market is also regulated to ensure that all products meet the country’s specifications and that all players behave responsibly.”
But in response to the comment by Mr Robert Dickerman, CEO of Pinnacle Oil & Gas Limited, in defence of his company’s business dealings, the Dangote Refinery, dismissing the notiion of being a monopoly, noted that deregulation isn’t a licence to blend off-spec products, to “jeopardise national interests,” The ConclaveNg reported on November 5. 
“The Dangote Petroleum Refinery and Petrochemicals Company has long been an advocate for deregulation and industrialisation in Nigeria, but our support is rooted in a commitment to the sustainable growth of the country’s economy and the protection of its people from any exploitation,” the refinery said, adding that, unlike Dickerman’s view, “deregulation should not be a licence for the importation and distribution of off-spec products or the subversion of national interests.”
The refinery noted that, as an American, Dickerman should be aware of how the United States protects its industries, including opposition to the sale of U.S. Steel to Japan’s Nippon Steel; restriction on the use of Chinese-made cranes in American ports; imposition of a 100% tariff on electric vehicles and 50% duty on medical equipment from China; efforts to boost American production of computer chips and medical supplies; and anti-dumping laws that impose tariffs on Chinese goods considered to be unfairly priced.
The refinery explained that these measures – driven by national security concerns and the need for economic self-sufficiency – are an example of protectionism that prioritises national economic interests over short-term profit, and further demonstrating America’s commitment to safeguarding domestic industries.
“It is therefore perplexing that Dickerman, with all his experience in the U.S. market, would advocate for the importation and blending of petroleum products to Nigeria under the claim of deregulation and a free market,” the refinery said.
“The fact is that he (Dickerman) had deceitfully approached us and pleaded that we extend the pipeline from our refinery to Pinnacle’s tank farms for the purpose of blending our high-quality products with their imported products and selling them to Nigerians.
“We categorically rejected his request to extend our pipeline to their tank farms for such devious purposes because it would be a betrayal of the Nigerian people’s trust. The health and safety of Nigerians cannot – and should not – be compromised for profit.”
The Dangote Refinery iterated its commitment to ensuring that Nigeria becomes self-reliant in petroleum production, saying, “we welcome competition that drives innovation and quality,” adding, however, that, “we will never allow the continued importation and blending of petroleum products, nor the deliberate destruction of our national economy.”
Believing that a strong, self-sufficient energy sector is vital to Nigeria’s economic growth, the Dangote Refinery said it “will continue to advocate for policies and practices that protect our industries and the well-being of all Nigerians,” and eagerly anticipates the coming on stream of the Kaduna, Warri, and Port Harcourt refineries before the end of this year, as promised by the Group Chief Executive Officer (GCEO) of NNPCL, Mele Kyari. “This milestone will not only end all baseless rumours of monopoly (by Dangote Refinery) but also position Nigeria as a refining hub for petroleum products in Africa,” it added.
It’s not the first time that Pinnacle Oil & Gas would be accused of underhand tactic in the importation and/or dealing in unwholesome oils in the Nigerian market. But as reported by The Nation on August 21, the company denied accepting any product that didn’t meet the standard of the NMDPRA and Standard Organisation of Nigeria (SON) into its tanks.
In a rejoinder to Mr Dangote’s accusation of NMDPRA’s non-stop issuing of licences to traders to import high-sulphur content diesel and jet A fuel from Malta – which Dangote specifically described as “dirty” – into the country, Mr Dickerman said, “Pinnacle has never accepted any product into our tanks that does not meet all specifications of Nigerian regulations, and we never will.”
Pinnacle added: “Our regulators oversee quality control of all imported product and has the product inspected by independent, qualified inspectors before issuing a discharge certificate. We can not and will not ever be involved in the distribution of product that does not meet all specifications of Nigerian regulatory agencies.”
Perhaps, by approaching the Dangote Refinery for extension of its pipeline to the company’s tank farms that deal mainly in imported fuel, Pinnacle Oil may’ve presented its tradusers a villainous fait accompli to scapegoat it as an alleged importer of off-spec or substandard products into the Nigerian market.
Remarkably, though, Aliko Dangote – and the Dangote Petroleum Refinery – appears the lone voice crying in the wilderness against the unhealthy practices in the oil sector, necessitating the question: Where’s the government in the ding-dong, back-and-forth that’s grave implications for the health of the nation, its citizens and the environment? 
What’s the Tinubu administration – both the executive and legislature – done to ascertain the veracity of these imported substandard products, and the instant revelation to blend same and push them into the market? Is the government handicapped in the circumstances, or it’s abetting and enabling the unpatriotic acts in the industry?
The situation calls for urgent intervention and investigation, as suggested by the Human Rights Writers Association of Nigeria (HURIWA), which, via its coordinator, Comrade Emmanuel Onwubiko, on November 5, noted that Dangote had raised similar concerns about “dirty fuel” dump in Nigeria.
According to HURIWA, substandard fuel, which can cause significant air pollution, increased vehicular emissions, and engine degradation, releases harmful pollutants such as sulfur dioxide and carbon monoxide, contributing to air pollution and potential respiratory diseases,” adding that allowing such products into the market is “tantamount to an assault on public health.”
Recalling that prior allegations from Dangote regarding “dirty fuel” imports were presented to the House of Representatives, “with little to no follow-up action taken, and accountability remains unaddressed,” HURIWA urged the National Assembly to “prioritize this matter and convene a public hearing to thoroughly examine the allegations.”
Besides, HURIWA asked the government to demonstrate its commitment to public safety by initiating a swift, transparent, and unbiased investigation into the quality of fuel entering Nigeria, asserting that, “protecting public health is the highest public good.”
Saying the government must take immediate legal steps to halt the distribution of potentially-harmful products, act decisively, and send a clear message that public safety and product quality are non-negotiable, HURIWA noted that, “this latest controversy presents an opportunity for the government to reaffirm its commitment to public welfare, environmental integrity, and stringent regulatory enforcement.”
HURIWA argued that Nigeria’s credibility on the global stage is at stake if it fails to maintain stringent standards domestically, stressing, “Nigeria cannot demand accountability from the international community on climate issues while neglecting pollution control at home.”
Demanding that the regulatory bodies enforce strict standards and conduct due diligence in fuel quality monitoring, HURIWA called for upgrades to NMDPRA’s testing facilities, to ensure all imported products meet the necessary quality standards before reaching consumers, while any individuals or entities found responsible for compromising fuel quality should be sanctioned to deter future incidents.
The HURIWA recommendations should earn the support of well-meaning Nigerians, while all concerned authorities, including the government and regulatory bodies, should consider them, and do the needful for the sake of the health of the citizens, the protection of the environment, and the maintenance of the good image and reputation of the country in the global community. This isn’t the time for government to dilly-dally, and play the ostrich. It’s time to show leadership, and act quickly, decisively and responsibly!

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria

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