Author: Ibrahim Abusadiq

  • Judicial Conspiracy Suffocating Nigerian People

    Judicial Conspiracy Suffocating Nigerian People

    By Chidi Anselm Odinkalu

    Three different decisions of the highest court in the country over the past two decades illustrate how the judicial conspiracy against popular sovereignty in Nigeria has prospered.

    In 2008, the Supreme Court ruled that elections in Nigeria are not governed by any foundational or legal principles. In other words, Nigeria has no legal standard for a free, fair or credible election. The same court has ruled that in organizing elections, the Independent National Electoral Commission (INEC) is not bound by its own administrative regulations and guidelines. So, INEC can behave with impunity as a lawless institution, and citizens and political parties have no right to have any expectations of the commission. The court has equally held that in Nigeria’s version of elective government, judges have the power to declare the majority votes in an election entirely “wasted,” and to install manifest losers as winners.

    These decisions have combined to denude elections in Nigeria of meaning as expressions of the will of the people. In these judgments and until now, the focus was on elections. The effect on citizenship, as the basis of the right to vote and to constitute a government, was arguably indirect.

    In a decision on 23 July (this past week), Oluseyi Owoeye, a judge of the Federal High Court in Lagos, goes dangerously further in this project of judicial liquidation of the constitutional foundations of elective government. According to the judge: “any question bordering on the action or omission of any person (to) guarantees (sic) the participation by the people in their government is not justiciable before any Court of law in Nigeria.” As far as wilful and cynical jurisprudence goes, this takes the prize.

    Given the significance of this judgment for civic rights in Nigeria, it is essential to provide some context so that those who are interested may follow the issues fully.

    Chapter IV of Nigeria’s 1999 Constitution guarantees a set of Fundamental Rights which it requires the courts to enforce through an expedited process inscribed in the Fundamental Rights (Enforcement Procedure) (FREP) Rules made by the Chief Justice of Nigeria (CJN). For reasons that are not entirely clear, however, the rights guaranteed in Chapter IV do not include the right to vote or to participate in government.

    Instead, Chapter II of the same Constitution contains two important provisions of relevance to this. First, section 14(2)(a) exhorts that “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority.” As a complement, section 14(2)(c) follows this up with the promise that “the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.” However, in an earlier stipulation in section 6(6)(c), the same Constitution precludes courts from exercising their powers to enforce these provisions of chapter II.

    There are at least two exceptions to this constraint. First, under item 60(a) in the Exclusive Legislative List, the National Assembly may make laws “to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution”, and the courts will be bound to enforce such laws. Second, under section 12(1) of the same constitution, the courts are bound to enforce the provisions of a treaty which has been enacted into law by the National Assembly, even if such a treaty covers issues contained in Chapter II of the Constitution.

    In Nigeria, the African Charter on Human and Peoples’ Rights straddles both exceptions. Article 13(1) of the Charter makes up for the omission of a right to vote in the constitution by guaranteeing the right of citizens to participate in their government. In this sense, the Charter implements the provisions of Section 14 in Chapter II of the Constitution. Nigeria’s National Assembly enacted it into domestic law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and the Supreme Court has recognized that the African Charter “is now part of the laws of Nigeria and like all other laws the Courts must uphold it.” The FREP Rules are explicitly available for the enforcement of the rights contained in the African Charter.

    This context is essential to explain why the decision this past week by Oluseyi Owoeye of the Federal High Court in Lagos is both cynical and dangerous. In reaching the decision, the judge claimed that he could not enforce the guarantee of the right to participation in the African Charter on Human and Peoples’ Rights because participation is only contained in Chapter II of Nigeria’s Constitution, a provision to the enforcement of which he cannot lend his judicial powers.

    That is manifestly disingenuous. It is also plainly misguided as a matter of law. If a judge cannot protect the right of citizens to participate in their government, why is he a judge? Will he prefer to protect stolen elections, instead?

    The facts are also relevant here. On 20 July 2023, a class of Nigerian citizens instituted this case. The defendants were the INEC, the National Human Rights Commission (NHRC) and the Attorney-General of the Federation. Against INEC, they alleged multiple violations including exclusion from the register of voters, deliberate mismanagement of election logistics, wilful destruction of voters cards, and complicity in election-related violence.

    Both the INEC and the NHRC entered appearance. The case took two years to come to judgment but, despite repeated reminders and orders by the Court, the Attorney-General of the Federation, a named defendant in a matter of such high civic and constitutional significance, could not be bothered to file any defence or instruct any of the numerous lawyers in his office to appear on his behalf. It is well possible that the judge took a cue from the attitude of the Attorney-General and decided to find a way to play good and avoid entering into the substance of the case. If that is so, then he settled for the worst possible escape route.

    The logic of precluding courts from lending their powers to enforce the right to participate in government under an elective system essentially hollows out any idea of effective citizenship. Courts cannot decline the protection of the right to participation on the one hand and, on the other, agree to protect the integrity of elections or the obligations of those required by law to ensure that the ballot is credible. Effectively, if upheld on appeal, this judgment will license judicial burglary of Nigeria’s civics.

    It is surprising that a case of this scope in its implications could have flown so beneath the radar of public attention to judgment. This case will naturally go next to the Court of Appeal. Hopefully, it will merit the attentions of a full panel of the Court of Appeal. At that point, civic groups will hopefully apply to join as interested parties in the appeal and there will also be similar applications by other groups to join as friends of the court (amici curiae).

    This judgment by Oluseyi Owoeye of the Federal High Court is the latest in an increasingly fevered judicial effort to decapitate citizenship as the basis for government in the country. It is egregiously perverse and should not stand.

    It is worth recalling that among the truly unsung heroes of the resistance to military rule in Nigeria in the last three decades of the 20th century were judges in various courts around the country who opposed or constrained the excesses of military rule through their judgments. If the country’s current experiment in civil rule fails, it will be because some judges have replaced soldiers as those most enthusiastic about suffocating elective and accountable government founded – as the constitution mandates – on the will of the people.

    A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu

  • ‎ADC erred, successive APC administrations never spent $18bn on refineries – IMPI

    ‎ADC erred, successive APC administrations never spent $18bn on refineries – IMPI

    ‎Flowerbud News/ The Independent Media and Policy Initiative (IMPI) has said that none of the two All Progressives Congress APC-led administrations spent $18bn either on the Turn Around Maintenance (TAM) or the rehabilitation of the nation’s four refineries.

    ‎This it noted is contrary to the position of the African Democratic Congress (ADC) which recently accused  successive APC governments of wasteful expenditure and demanded a forensic audit of APC-era spending on the refineries.

    ‎In a policy statement  signed by its Chairman, Dr Omoniyi Akinsiju, the think tank detailed the history of Turn Around Maintenances of the refineries and made a case for the forensic audit of expenditure incurred on the refineries from 2000 to 2023.

    ‎IMPI said: “We find it incredulous that the African Democratic Congress (ADC) will condition the sale of Nigeria’s sovereign-owned refineries on a forensic audit of the $18 billion allegedly spent on the four refineries.

    ‎”We do not have any misgivings about this otherwise innocuous demand. However, we readily perceive that the ADC was merely playing to the gallery by limiting the scope of the demanded forensic audit to the years since the All Progressive Congress (APC) emerged as the nation’s ruling party.

    ‎”We consider this a cheap and unserious effort at making an issue out of the protracted economic nuisance the government-owned and managed refineries had long turned into.

    ‎”We believe politicians, especially those supposed to provide the country with alternatives, should canvass issues based on credible, logical, evidence-based propositions.

    ‎”In this particular instance, we find it rather awkward that anyone claiming to be a true champion of probity and transparency in government affairs will insist that only successive administrations under the APC have collectively spent over $18 billion on the refineries, even as it added that the current federal administration has reportedly committed an additional $2.8 billion for such.”

    ‎To set the record straight, the think tank delved into history of several turn around maintenances since the 1990s and how billions of dollars were spent without results.

    ‎”In 1993, it became apparent that TAM had become desirable and compelling. However, rather than being attended to with the transparency it deserved, it became a source of slush funds and a side hustle for government and NNPC officials. For instance, a little-known Indigenous oil service company, Anchoff Strongholds, was contracted to conduct a TAM on the 125,000 barrels per day Warri Refinery and Petrochemical Company.

    ‎”Several media reports indicated that the TAM had little impact and, therefore, no consequence on the refinery’s technical standing. To address the issue, a probe panel chaired by the late Mr Aret Adams, one-time GMD of the NNPC, was instituted to investigate the WRPC TAM. The panel report recommended dismissing the WRPC managing director for his role in the scandal.

    ‎”The report also recommended the blacklisting of Anchoff Strongholds and their promoters and a ban on them from ever doing business with the NNPC. Despite the sanctions, the harm had already been done; the output and production capacity of the Warri Refinery tumbled from 60 per cent to 30 per cent.

    ‎”Curiously, in the same 1994, the primary promoter of the banned Anchoff Strongholds resurrected with Chrome Oil Services Limited and, in an inexplicable circumstance, secured the TAM of the second Port Harcourt 150,000bpd refinery. Again, the TAM was received with a lot of public dissatisfaction after it was reported that, rather than boost output, it declined to less than 40 per cent.

    ‎”Overall, the TAM gobbled $216 million. Translated, in fiscal terms, $216 million went down the drain. Mr Chamberlain Oyibo was GMD of the NNPC at this time (1993 – 1995)

    ‎”NNPC, under the leadership of Mallam Dalhatu Bayero (1995-1999), spent $92 million on the same Port Harcourt Refinery TAM in 1998,” the group said.

    ‎IMPI added that things got worse under civilian rule, beginning from the administration of former President Olusegun Obasanjo.

    ‎”However, the whole narrative relating to unexplained monies expended on TAM took another shape from 2000 during the Olusegun Obasanjo/Atiku Abubakar Presidency.

    ‎”Mr Gaius Obaseki, NNPC’s GMD between 1999 and 2003, provided the background to this scenario in an interview in November 2000, in which he gave details of the state of the country’s four refineries.

    ‎”Noting that he was satisfied with the state of things, he explained that the 150,000 bpd capacity Port Harcourt Refinery was running at 75 per cent, though it could run at 100 per cent. But he noted that professionally, he will be doing himself damage because the cracker—the fluid catalytic cracking units—will not be in place until the middle of 2001.

    ‎”By Obaseki’s estimation, the 150,000 bpd Port Harcourt refinery would be running at 100 per cent by mid-2001, subject to the availability of crude oil. He also said the Kaduna refinery was running at 60 per cent after a lot of maintenance work. This performance, he promised, would be tremendously increased, such that by 2001, the Kaduna refinery would operate at the same level as PH Refinery.

    ‎”However, there was a caveat: These growth projections will be realised “if we are left to do our work.”

    ‎”Under the Obaseki leadership of NNPC, the administration spent $1.67 billion on the refineries within four years, 1999 to 2003, and a further $39.7 million under Mr Funsho Kupolokun’s leadership between 2003 and 2007. However, by the middle of 2003, all the refineries were in different states of dysfunction.

    ‎”To show the level of disrepair of the refineries despite the $1.6 billion expended on them between 2001 and 2003, the Bureau of Public Enterprises (BPE) lamented that all the refineries needed a complete overhaul due to bad management and poor maintenance culture, which considerably reduced refining output.

    ‎”A more serious consequence is that the country was forced to import petroleum products, resulting in a massive waste of scarce foreign exchange. Following the operational failure of the refineries, the then federal government resorted to wholesale fuel importation, which had serious consequences for the economy.

    ‎”We note the outcome of the Nigeria Extractive Industry Transparency Initiative’s audit of the refineries between 1999 and 2004, which affirmed that: “The importation process, including the tendering, contracting and procurement practices, falls short of current good practice standards, and it is questionable whether they fully protect interests in many areas of the process. There was a lack of written procedures.”.

    ‎‎
    ‎The think tank also pointed out that inspite of all the incurred expenditure, a 2015 in-house NNPC report was emphatic that no proper maintenance was done on the refineries after 2001

    ‎”Between 2000 and 2015, three different administrations of the People’s Democratic Party spent $4.66 billion on the nation’s four refineries. This does not include operational and other associated costs.

    ‎”Yet by mid-2015, an NNPC report provided a summary of the state of the refineries: “The refineries recorded heavy losses in their operations in 2015 due to low refining capacity, prolonged maintenance issues and pipeline vandalism. The last time there was a routine intervention on the facility was in 2000. The components of the refineries have reached the point where they have to be replaced, as opposed to what we call turnaround maintenance, which is servicing.

    ‎”It is such an old plant, and we are having difficulties getting some components. We can’t find some of the old manufacturing companies again. Whenever the refineries managed to resume production after lengthy repair work, they hardly worked for up to 90 days before they were shut down, and the purported maintenance cycle continued.”

    ‎”This narration should be sobering to any forward-looking Nigerian. We were bewildered because the ADC statement called for an investigation of TAM expenditures under the APC administrations,” IMPI said.

    ‎”On the involvement of APC administrations in the refineries, it pointed out that it was limited to the different approach adopted by the late President Muhammadu Buhari.

    ‎”We know no new TAM exercise has been commissioned under the current federal administration. As it were, President Bola Tinubu’s predecessor, former President Muhammadu Buhari, now late, inherited the state of the four national refineries as described above.

    ‎”Expectedly, no frugal-minded and nominally committed Nigerian will be compelled to redress the untoward state of those national assets with the record of wasted expenditures. However, the late President may have fallen into the benign trap of sunk cost syndrome.

    ‎”In this regard, former President Buhari has our sympathy. In addition to the funds sunk into the refineries, his administration was also burdened with the fiscal load of subsidy payments on the nation’s imported fuel consumption, eroding foreign exchange savings.

    ‎”Of course, the powerful labour unions in the NNPC were insistent on the possibility of resuscitating the refineries to justify continued salary payments and the sustenance of the refineries’ workers, and the NNPC management was also very forceful in this regard.

    ‎”It was, apparently, easy for the late President to capitulate. Beginning in 2021, the Federal Government awarded an Italian company, Tecnimont SPA, a $1.5 billion contract to rehabilitate the Port Harcourt refineries, while about $1.484 billion contracts were awarded to Saipem SPA and Saipem Contracting Limited to rehab the Kaduna and Warri refineries, respectively.

    ‎”While one of the Port Harcourt facilities momentarily resumed crude processing in late 2023, it shut down again in May 2025 for maintenance. The Warri and Kaduna refineries, aged 46 and 44 years respectively, remain under rehabilitation.

    ‎”Meanwhile, we must clarify the scope and scale of work done from the spending on refineries under the Buhari administration. This is well captured in the words of the immediate past GCEO of the NNPC, Mr Mele Kyari, who commented, “We are not doing turnaround maintenance; we are doing rehabilitation of the refineries, and this is very different. It means that we are replacing certain major components. In rehabilitation, we normally don’t shut down the plant completely. We repair a segment of it, and then it starts working, and then you move to the next segment. You continue to scale up, which is why, within the four years, the contractor would have completely left your premises.”

    ‎”We do not object to conducting a forensic audit on all four refineries, but we believe it should cover the period 2000 to 2023. This will capture the active disbursement period and help the nation understand what happened in those years, which will inform policy positions in the midstream sector of the oil and gas industry going forward,” it said.

  • Alleged Wasteful Turn Around Maintenance (TAM) of Refineries: Setting the records straight

    Alleged Wasteful Turn Around Maintenance (TAM) of Refineries: Setting the records straight

    POLICY STATEMENT O28 BY THE INDEPENDENT MEDIA AND POLICY INITIATIVE (IMPI)

     

    Alleged Wasteful Turn Around Maintenance (TAM) of Refineries: Setting the records straight

    We find it incredulous that the African Democratic Congress (ADC) will condition the sale of Nigeria’s sovereign-owned refineries on a forensic audit of the $18 billion allegedly spent on the four refineries.

    We do not have any misgivings about this otherwise innocuous demand. However, we readily perceive that the ADC was merely playing to the gallery by limiting the scope of the demanded forensic audit to the years since the All Progressive Congress (APC) emerged as the nation’s ruling party.

    We consider this a cheap and unserious effort at making an issue out of the protracted economic nuisance the government-owned and managed refineries had long turned into.

    We believe politicians, especially those supposed to provide the country with alternatives, should canvass issues based on credible, logical, evidence-based propositions.

    In this particular instance, we find it rather awkward that anyone claiming to be a true champion of probity and transparency in government affairs will insist that only successive administrations under the APC have collectively spent over $18 billion on the refineries, even as it added that the current federal administration has reportedly committed an additional $2.8 billion for such.

    The party further raised alarm over potential favouritism in the mooted privatisation, cautioning that national assets might be undervalued and handed over to political allies. ADC further asserted, “If the intention was to privatise the refineries, then the years of huge public spending are at best a waste, and at worst a scam.”

    We find all these cacophonous and a deliberate attempt to confuse ordinary Nigerians. This is why we believe this issue is deserving of our intervention. In doing this, we foreground this intervention with the declaration by the recently appointed Group Chief Executive Officer of the Nigeria National Petroleum Company Limited (NNPCL), Bashir Ojulari indicating that the company is conducting a “deep dive, life-cycle review” of the projects (refineries) which are expected to be completed by the end of the year. This is not only to make sure that the company utilises whatever is helpful in the structures, but also to be free to bring in additional elements that can make things work, adding that the NNPCL must review the projects without falling victim to “sunk cost syndrome.”

    We find it strange that despite underscoring his submission with the NNPCL’s commitment not to fall victim to “sunk cost syndrome,” it appears most commentators simply refused to imbibe the literal imputations of the syndrome as the guidepost for whatever will be the eventual fate of the refineries.

    To avoid doubt, we think we should put this into perspective. The sunk cost syndrome, also known as the sunk cost fallacy, is a cognitive bias that leads individuals to continue investing in a decision based on prior investments (money, time, or effort) rather than on future benefits.

    This fallacy often results in poor decision-making, as it prioritises past investments over better future options. It can affect various areas of life, including relationships, investments, and career paths, leading to suboptimal outcomes. Understanding this bias can help individuals or businesses make more rational decisions by focusing on current and future costs rather than past expenditures.

    By adopting this philosophical outlook, we are confident that the NNPCL is well equipped to reach a beneficial conclusion regarding the fate of the refineries. Nonetheless, we also think it is appropriate to lay out the intricate tapestry of mismanagement, corruption, and acts of official sabotage that gutted the refineries long before the APC came to power.

    The second Port Harcourt refinery, with a 150,000 bpd capacity, was built in 1985 for $850 million. The 125,000 bpd Warri refinery was built in 1978 for $478 million, and the 110,000 bpd Kaduna refinery was built in 1976 for $525 million. The refineries, including the 60,000-barrel-per-day Port Harcourt refinery, were collectively built to refine 445,000 barrels of crude daily. Over the years, they have suffered total disrepair and comprehensive paralysis.

    However, it had not always been a sad tale of disrepair concerning the refineries. In the early 1990s, the refineries produced enough petroleum products to satisfy national demand and export. But after that period, a lot of things went wrong. The refineries under the management of the then Nigeria National Petroleum Corporation soon veered off the path of refinery management and production best practices.

    Best practice is that a refinery is designed and built to produce defined quantities and product specifications, operating continuously without interruption for 24–36 months based on proper maintenance culture, before it is systematically shut down for a period to carry out Turn-Around Maintenance (TAM).

    When TAM is unduly delayed, the performance of the refinery declines. Besides, machines and other service facilities are subject to deterioration due to their use and exposure to process and environmental conditions.

    This deterioration must be duly taken care of by various maintenance interventions and techniques at certain pre-determined intervals so that the required use of facilities can be continued and service life extended until maintenance costs become prohibitive and replacement action becomes inevitable.

    The American Petroleum Institute (API) defines Turnaround as a periodic shutdown (total or partial) of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and inspect, test, and replace process materials and equipment.

    As things turned out, the critical periodic TAM, which was supposed to be undertaken every two to three years at most, was not done between 1986 and 1993.

    Because no TAM was conducted on any of the refineries in those six years, the output efficiency template of the refineries fell from 90 per cent to 60 per cent.

    In 1993, it became apparent that TAM had become desirable and compelling. However, rather than being attended to with the transparency it deserved, it became a source of slush funds and a side hustle for government and NNPC officials. For instance, a little-known Indigenous oil service company, Anchoff Strongholds, was contracted to conduct a TAM on the 125,000 barrels per day Warri Refinery and Petrochemical Company.

    Several media reports indicated that the TAM had little impact and, therefore, no consequence on the refinery’s technical standing. To address the issue, a probe panel chaired by the late Mr Aret Adams, one-time GMD of the NNPC, was instituted to investigate the WRPC TAM. The panel report recommended dismissing the WRPC managing director for his role in the scandal.

    The report also recommended the blacklisting of Anchoff Strongholds and their promoters and a ban on them from ever doing business with the NNPC. Despite the sanctions, the harm had already been done; the output and production capacity of the Warri Refinery tumbled from 60 per cent to 30 per cent.

    Curiously, in the same 1994, the primary promoter of the banned Anchoff Strongholds resurrected with Chrome Oil Services Limited and, in an inexplicable circumstance, secured the TAM of the second Port Harcourt 150,000bpd refinery. Again, the TAM was received with a lot of public dissatisfaction after it was reported that, rather than boost output, it declined to less than 40 per cent.

    Overall, the TAM gobbled $216 million. Translated, in fiscal terms, $216 million went down the drain. Mr Chamberlain Oyibo was GMD of the NNPC at this time (1993 – 1995)

    NNPC, under the leadership of Mallam Dalhatu Bayero (1995-1999), spent $92 million on the same Port Harcourt Refinery TAM in 1998.

    However, the whole narrative relating to unexplained monies expended on TAM took another shape from 2000 during the Olusegun Obasanjo/Atiku Abubakar Presidency.

    Mr Gaius Obaseki, NNPC’s GMD between 1999 and 2003, provided the background to this scenario in an interview in November 2000, in which he gave details of the state of the country’s four refineries.

    Noting that he was satisfied with the state of things, he explained that the 150,000 bpd capacity Port Harcourt Refinery was running at 75 per cent, though it could run at 100 per cent. But he noted that professionally, he will be doing himself damage because the cracker—the fluid catalytic cracking units—will not be in place until the middle of 2001.

    By Obaseki’s estimation, the 150,000 bpd Port Harcourt refinery would be running at 100 per cent by mid-2001, subject to the availability of crude oil. He also said the Kaduna refinery was running at 60 per cent after a lot of maintenance work. This performance, he promised, would be tremendously increased, such that by 2001, the Kaduna refinery would operate at the same level as PH Refinery.

    However, there was a caveat: These growth projections will be realised “if we are left to do our work.”

    Under the Obaseki leadership of NNPC, the administration spent $1.67 billion on the refineries within four years, 1999 to 2003, and a further $39.7 million under Mr Funsho Kupolokun’s leadership between 2003 and 2007. However, by the middle of 2003, all the refineries were in different states of dysfunction.

    To show the level of disrepair of the refineries despite the $1.6 billion expended on them between 2001 and 2003, the Bureau of Public Enterprises (BPE) lamented that all the refineries needed a complete overhaul due to bad management and poor maintenance culture, which considerably reduced refining output.

    A more serious consequence is that the country was forced to import petroleum products, resulting in a massive waste of scarce foreign exchange. Following the operational failure of the refineries, the then federal government resorted to wholesale fuel importation, which had serious consequences for the economy.

    We note the outcome of the Nigeria Extractive Industry Transparency Initiative’s audit of the refineries between 1999 and 2004, which affirmed that: “The importation process, including the tendering, contracting and procurement practices, falls short of current good practice standards, and it is questionable whether they fully protect interests in many areas of the process. There was a lack of written procedures.”

    When he returned for a second term in May 2003, President Obasanjo signed off on privatising the four refineries. The process was to be carried out under the auspices of the National Council on Privatisation (NCP). However, it became a reference narrative for process compromises and official manipulation.

    The transaction formally commenced in October 2003. By December 2 of the same year, four firms, Essa Infrastructure of India, Oando Plc, Refinee Petrobus, and Transcorp Plc, had submitted their technical and financial bids after obtaining and submitting their respective Expression of Interest (EoI) documents. However, BPE disqualified all four bidders because they did not meet the minimum qualification benchmark after evaluation.

    There was suspicion over the mass disqualification because the BPE did not give specific reasons for the failure of the bid test. The bidders were asked to resubmit their respective bids by 24 April 2006. Again, the bids were disqualified because a technical partner was a member of more than one consortium.

    The President, acting on this excuse, ordered the process to be halted and the transaction to be reopened to other bidders. Without formal public explanation, the President directed the refineries to be returned to NNPC. With no improvement, he again ordered another bid round. Four firms, Mittal Investments Limited, Indorama International Finance Ltd, Global Oil and Energy, and Link Global International Ltd, joined the earlier four to submit bids.

    Then coming from the flanks, it was announced that Oando Plc, Refinee Petroplus and Bluestar Consortium (incorporating Transcorp Plc) had submitted their technical and financial proposals for the Port Harcourt Refinery. Though all three were prequalified, the Blue Consortium emerged as the winner with a bid of $561 million for a 52 per cent stake in the plant.

    The same Blue Star Oil Service Consortium won the bid for the Kaduna Refinery, outbidding China National Petroleum Corporation’s $102 million bid with its $160 million offer.

    However, questions were raised concerning how the Blue Star Consortium suddenly appeared on the scene without committing to the initial bid process by submitting an expression of interest form required by law and complying with initial processes.

    When asked about the scrap value at which the winners of the bids secured the purchase of both the Port Harcourt and Kaduna Refineries, Mrs Irene Chigbue, Director-General of the BPE famously declared that the Bureau’s mandate had never been to sell government’s enterprises to generate money for government: “Our greater mandate is to allow the private sector drive the nation’s economy. It is not how much we get from these sales that matters, but the overriding desire to see our refineries meet the local need for fuel, thereby saving the country from huge foreign reserves arising from fuel importation.”

    We consider this curious averment the orchestration of the private aspiration of the President at that time. And an outright romanticisation of irresponsible profligacy. We do not want to imagine an accountable government which had expended a princely sum of $1.6bn on two refineries that were functional within two years, would, thereafter, sell them off at a scrap value of less than 40 per cent of the TAM expenditure.

    The succeeding presidency of Umar Musa Yar’Adua cancelled the sale of the refineries by Obasanjo. Soon after the stoppage of the sale in 2007, the NNPC reportedly announced that it had awarded a contract to a Nigerian firm to carry out a comprehensive turnaround maintenance on all the refineries. The contract sum was said to be $57m.

    In 2009, the then Group Managing Director (GMD) of the NNPC, Alhaji Mohammed Sanusi Barkindo, also announced that the corporation spent $200m on maintaining the Kaduna refinery. It soon became apparent that the trend, starting from Obasanjo, was to evolve into a saga of wastefulness of funds meant for TAM by the successor to Yar’Adua, President Goodluck Jonathan.

    President Jonathan made TAM a state policy. As part of his four-year term agenda towards growing the economy through the oil sector, he directed the NNPC to, as a matter of national priority, carry out a comprehensive rehabilitation of the four refineries within the next 24 months.

    The project was scheduled to commence in August 2011 and was expected to be completed by the first quarter of 2012. Between 2010 and 2012, with Mr Austen Oniwon as GMD of the NNPC, the sum of $900 million was expended on the TAM.

    However, in an about-face, President Jonathan, despite the $900 million expenditure, approved the privatisation of the four refineries in December 2013. A steering committee, headed by then-Minister of Petroleum Diezani Alison-Madueke, was formed to oversee the process and make recommendations to the National Council on Privatisation.

    Yet as a tug-of-war raged between the President Jonathan administration and labour unions in the country that had traditionally resisted privatisation of the refineries, the government approved $1.92 billion in TAM spending between 2012 and 2014. Mr Andrew Yakubu was GMD of the NNPC during this period.

    In January 2014, in response to the union’s threats, the President announced that the government had no plans to privatise the refineries.

    Between 2013 and 2015, $396.33 million was said to have been used to finance turnaround maintenance for the refineries.

    This expenditure has a unique story. At that time, it was reported that the government contacted the Original Equipment Manufacturer (OEM) and Original Refinery Builder (ORB) of the Port Harcourt refinery (Nigeria’s largest), Japan Gas Company (JGC), which declined but instead gave the design materials to Tecnimont of Italy, which designed the Warri Refinery.

    The company revealed that the original TAM proposal for Port Harcourt was initially submitted to NNPC in 2013 for $297 million by Tecnimont. Still, some of its (NNPC) officials opted to inflate the cost to almost $600 million.  Meanwhile, the NNPC had at this time continued to decline payment of the $2.5 million balance owed to Tecnimont for a study it conducted on the Port Harcourt Refinery.

    Meanwhile, domestic engineers working with the NNPC volunteered to salvage the situation by offering their skills and knowledge of the refineries to carry out the TAM of all four refineries at a far cheaper rate than the approved sum of $1.6 billion for 2015. This domestic intervention reduced TAM for the four refineries to about $22 million, saving taxpayers $1.57 billion from the $1.6 billion earlier voted for the projects.

    A document from the NNPC showed that $10 million, about 48 per cent of the total expenditure, was spent on the two refineries in Port Harcourt. The $22 million expenditure was a 982 per cent reduction from the $216 million the General Sani Abacha regime spent for the same purpose.

    According to the document, the Managing Director of the PHRC, Dr. Bafred Audu Enjugu, authenticated the $10 million investment in the facility. “The ongoing phased rehabilitation of the company cost a little less than $10 million. Indigenous engineers holistically carried out the job without foreign support,” Enjugu said.

    Between 2000 and 2015, three different administrations of the People’s Democratic Party spent $4.66 billion on the nation’s four refineries. This does not include operational and other associated costs.

    Yet by mid-2015, an NNPC report provided a summary of the state of the refineries: “The refineries recorded heavy losses in their operations in 2015 due to low refining capacity, prolonged maintenance issues and pipeline vandalism. The last time there was a routine intervention on the facility was in 2000. The components of the refineries have reached the point where they have to be replaced, as opposed to what we call turnaround maintenance, which is servicing.

    “It is such an old plant, and we are having difficulties getting some components. We can’t find some of the old manufacturing companies again. Whenever the refineries managed to resume production after lengthy repair work, they hardly worked for up to 90 days before they were shut down, and the purported maintenance cycle continued.”

    This narration should be sobering to any forward-looking Nigerian. We were bewildered because the ADC statement called for an investigation of TAM expenditures under the APC administrations.

    We consider the call offensive, mischievous and fraudulent. We know no new TAM exercise has been commissioned under the current federal administration. As it were, President Bola Tinubu’s predecessor, former President Muhammadu Buhari, now late, inherited the state of the four national refineries as described above.

    Expectedly, no frugal-minded and nominally committed Nigerian will be compelled to redress the untoward state of those national assets with the record of wasted expenditures. However, the late President may have fallen into the benign trap of sunk cost syndrome.

    In this regard, former President Buhari has our sympathy. In addition to the funds sunk into the refineries, his administration was also burdened with the fiscal load of subsidy payments on the nation’s imported fuel consumption, eroding foreign exchange savings.

    Of course, the powerful labour unions in the NNPC were insistent on the possibility of resuscitating the refineries to justify continued salary payments and the sustenance of the refineries’ workers, and the NNPC management was also very forceful in this regard.

    It was, apparently, easy for the late President to capitulate. Beginning in 2021, the Federal Government awarded an Italian company, Tecnimont SPA, a $1.5 billion contract to rehabilitate the Port Harcourt refineries, while about $1.484 billion contracts were awarded to Saipem SPA and Saipem Contracting Limited to rehab the Kaduna and Warri refineries, respectively.

    While one of the Port Harcourt facilities momentarily resumed crude processing in late 2023, it shut down again in May 2025 for maintenance. The Warri and Kaduna refineries, aged 46 and 44 years respectively, remain under rehabilitation.

    Meanwhile, we must clarify the scope and scale of work done from the spending on refineries under the Buhari administration. This is well captured in the words of the immediate past GCEO of the NNPC, Mr Mele Kyari, who commented, “We are not doing turnaround maintenance; we are doing rehabilitation of the refineries, and this is very different. It means that we are replacing certain major components. In rehabilitation, we normally don’t shut down the plant completely. We repair a segment of it, and then it starts working, and then you move to the next segment. You continue to scale up, which is why, within the four years, the contractor would have completely left your premises.”

    We do not object to conducting a forensic audit on all four refineries, but we believe it should cover the period 2000 to 2023. This will capture the active disbursement period and help the nation understand what happened in those years, which will inform policy positions in the midstream sector of the oil and gas industry going forward.

     

    Omoniyi M Akinsiju, PhD

    Chairman,

    Independent Media and Policy Initiative (IMPI)

    *July 24, 2025*

  • NAFDAC debunks viral audio claiming shutdown of Tummy Tummy noodles factory

    NAFDAC debunks viral audio claiming shutdown of Tummy Tummy noodles factory

    Flowerbud News/ The National Agency for Food and Drug Administration and Control (NAFDAC) has issued a formal disclaimer concerning an audio recording circulating on social media.

    The audio recording falsely claims the agency shut down the Tummy Tummy noodles manufacturing facility in Anambra State.

    In a statement released on Wednesday, the Director-General of NAFDAC, Prof. Mojisola Adeyeye, clarified that the viral recording was not only misleading but also a recycled falsehood.

    According to her, the same audio first appeared in Oct. 2023 and was thoroughly investigated at the time.

    “The claims made in the recording are entirely false.

    “The Tummy Tummy noodles facility in Anambra State was not sealed,” she stated.

    Adeyeye explained that NAFDAC had conducted an unscheduled inspection of the facility, during which samples of four different noodle variants were collected and analysed at the agency’s Agulu laboratory.

     “The results were satisfactory, and no regulatory violations were found,” she added.

    She further noted that the audio falsely alleged that NAFDAC banned other food products such as tinned tomatoes and seasoning cubes like Maggi.

    “This is completely untrue.

    “The individual who made these claims also falsely stated they were working in collaboration with NAFDAC and mentioned the presence of ‘acetyl methyl’ as a preservative, an assertion that is both unfounded and misleading,” she said.

    Addressing public concerns about product safety, Adeyeye recalled that NAFDAC had already conducted a comprehensive investigation in 2023 following global alerts about the presence of ethylene oxide in instant noodles.

    She said the findings confirmed that neither ethylene oxide nor its derivatives were present in any instant noodles or seasonings produced in Nigeria.

    She also assured the public that tests for contaminants such as mycotoxins and heavy metals revealed levels well within internationally accepted safety standards, reaffirming the safety of Nigerian-made noodles.

    “NAFDAC urged the public to disregard the audio and refrain from sharing unverified information.

    “NAFDAC remains committed to its mandate of safeguarding public health by ensuring that only safe, high-quality, and properly regulated food and drug products are available to Nigerians,” the statement said.
    NAN
  • TMSG to ADC: Your claim on refinery sale, horrendous half truth

    TMSG to ADC: Your claim on refinery sale, horrendous half truth

    Flowerbud News/ The Tinubu Media Support Group (TMSG) has described as horrendous and terrible a false narrative promoted by the African Democratic Congress (ADC) media office over plans to sell the federal government’s existing refineries.

    The group accused ADC of employing half-truths and false narratives as a strategy to demarket the President Bola Tinubu administration.

    ‎This, according to the group, follows recent assertions by the ADC spokesman, Bolaji Abdullahi, that the Tinubu administration had concluded plans to sell the refineries after spending $2.8bn on them.

    ‎In a statement signed by its Chairman, Emeka Nwankpa, and Secretary, Dapo Okubanjo, TMSG maintained that the claims were false, untrue, and misleading.

    ‎It read in part, “We are alarmed that the newest collection of failed opposition politicians has opted for misinformation and falsehood as a strategy to hoodwink unsuspecting Nigerians, the same way they failed in governance before.

    ‎”This is obvious from a recent statement issued by its spokesman Bolaji Abdullahi in response to an interview by the Group CEO of the Nigerian National Petroleum Corporation Limited (NNPCL),  Bayo Ojulari, on sundry issues including the state of state-owned refineries

    ‎”We were taken aback that a journalist of Bolaji Abdullahi’s hue described it as a ‘confirmation by the Tinubu administration and the leadership of Nigerian National Petroleum Company Limited (NNPCL) that the federal government was proceeding with the full privatisation of Nigeria’s state-owned refineries.’

    ‎”He even went ahead to attempt to revise and twist recent history by asserting that the Tinubu administration ‘spent over $2.8 billion on the refineries before declaring that they were moribund.’

    ‎”This is not only factually untrue but is also a blatant display of dishonesty and petty politicking rooted in outright lies in the public space. It seems they will not stop their nefarious activities, which have become their trademark.

    ‎”For the avoidance of doubt, what NNPCL’s Bashir Ojulari said recently on the sidelines of the 9th OPEC international seminar in Vienna, Austria ‎was that NNPCL is now ‘conducting a comprehensive review of its refinery rehabilitation strategy and that conclusions from the exercise could prompt a change in approach’.

    ‎”He added that, ‘We hope before the end of the year, we’ll be able to conclude that review. That review may lead to us doing things slightly differently’.

    ‎”And when asked whether the review could result in selling the refineries, Ojulari simply said, ‘a sale remains a possibility’ so there was no definitive answer to warrant ADC’s spokesman jumping into that conclusion.

    ‎”As someone who has had some experience in government, we expect Abdullahi to know that no government decision is taken on a whim, not even for something with huge economic implications as refineries, except maybe that was how tardy he operated as a minister in the cabinet of former President Goodluck Jonathan.

    ‎”What the NNPCL helmsman said was clear, that the new management, which most Nigerians agree is filled with industry experts, is carrying out a review of refinery rehabilitation strategy after what could be said to be an unsatisfactory revamp of the Port Harcourt and Warri refineries.

    He was not even certain of what the management would do after the review when he added that all ‘options were on the table’ until after the process.

    ‎”We wonder how a supposedly decorated journalist would interpret this to mean that plans have been finalised to sell the refineries without any form of audit.

    ‎”Also, it is shocking that the ADC spokesman pointedly accused the Tinubu administration of spending over $2.8bn on the refineries when it is public knowledge that approvals for the overhaul of the Port Harcourt and Warri refineries were done in March and August 2021 respectively, about two years before President Tinubu assumed office.

    ‎”Besides, it is a matter of public record that the Economic and Financial Crimes Commission (EFCC) has been digging into the issue and had only recently quizzed some former NNPCL management staff on funds appropriated for refinery rehabilitation.”

    ‎”While we are not averse to a full audit of funds spent on rehabilitation of the refineries since the Olusegun Obasanjo era if possible, we believe that opposition elements, especially those who had been in government, should embrace sincerity if they want Nigerians to see them in a different light.”

    ‎The group urged Nigerians to be wary of attempts by opposition figures to spread half-truths under the guise of holding the government to account.

  • Stop scapegoating Tinubu, stick to ethics of internal democracy, Group tells ADC

    Stop scapegoating Tinubu, stick to ethics of internal democracy, Group tells ADC

    ‎Flowerbud News/ The Democratic Front (TDF) has accused the leadership of the African Democratic Congress (ADC) of resorting to blackmail

    ‎This was after its interim national Chairman, David Mark, claimed that the President Bola Tinubu administration is using the courts to stop his party.

    ‎In a statement signed by its Chairman, Mallam Danjuma Muhammad, and Secretary, Chief Wale Adedayo, the group urged members of the new coalition to work on their internal issues rather than looking for whom to blame.

    ‎”TDF has observed the consistent use of blackmail as a tool by leaders of ADC to conceal their political shortcomings, in their bid to present a formidable opposition against President Bola Ahmed Tinubu in the forthcoming general elections in 2027.

    ‎”We recall with dismay that this same group of politicians had accused President Bola of being intolerant of opposition and scheming towards establishing a one-party state.

    ‎”Not only was the accusation false, baseless and unfounded, but the same politicians have unwittingly confirmed the President’s tolerance of opposition and disposition towards multi-party democracy when they successfully launched and adopted ADC as their political party without any hindrance or interference.

    ‎”Subsequent turn of events further confirmed that the accusation against Tinubu by members of the fragile political coalition, was a smokescreen to deflect public attention from their inability to transform a voluntary association of like minds into a political party, as they jettisoned the registration of All Democratic Alliance (ADA), to join an existing political party,” the group said.

    ‎It also accused the coalition members of not doing their homework well before adopting ADC as a platform.

    ‎”We have discovered that the Atiku-led coalition failed to conduct a proper check on the party’s legal status before they hurriedly joined. The sudden realisation that it was engrossed in a prolonged legal duel over its leadership, as it was at the time the party was adopted, is sending fears down the spines of Mark and his co-travellers.
    So it is not surprising that they have resorted to their usual traits of political scapegoating against the president in a bid to excuse their tardiness.

    ‎”The decision to put 310 lawyers on standby confirms the fright and desperation currently rocking the party which informed the unwarranted insinuations against the Tinubu presidency.

    ‎”We therefore find it rather disconcerting that Senator Mark, who had the privilege to preside over the Nigerian Senate, and also chaired the National Assembly for 8 years would opt to lead a political party that is in gross contravention of the constitutional principles and ethics of internal democracy in the selection or election of its leadership, “TDF added.

    ‎The group advised the ADC leadership to conform to the stipulations of the Electoral Act and the Constitution rather than looking for those to blame for their inability to put their house in order.

  • Group Hails TINUBU For Exceptional Honour To Buhari In Death

    Group Hails TINUBU For Exceptional Honour To Buhari In Death

    ‎Flowerbud News/ The Tinubu Media Volunteers (TMV) have applauded President Bola Ahmed Tinubu for honouring the late President Muhammadu Buhari with a state burial.

    ‎In a statement signed by its Chairman, Chukwudi Enekwechi, and Secretary, Segun Ogedengbe, the group said it was a befitting way to honour a nationalist.

    ‎The statement read in part, ” We note that from the period late President Buhari took ill President Tinubu had maintained a close contact with the family. And as his demise was announced, the President also promptly dispatched a presidential delegation led by the vice president, Senator Kashim Shettima and the chief of staff to the president, Mr. Femi Gbajabiamila, to visit the family in London, and bring back the remains for a national burial.

    ‎”We also note that President Tinubu personally received the remains of his predecessor with the compliments of a full presidential and military honour befitting a former president.

    ‎” It is on record that the late president has in almost two decades dominated the political landscape of the country especially the northern part of the country where he maintained a 12 million followership until the merger of the defunct Congress for Progressive Change (CPC), Action Congress of Nigerians (ACN), a breakaway faction of the All Progressives Grand Alliance (APGA) and the All Nigerians Peoples Party (ANPP) which morphed into the current All Progressives Congress (APC).

    ‎”We also acknowledge that Tinubu played a pivotal role in the merger and threw his weight behind Buhari’s emergence as the APC presidential candidate and eventually the winner of the 2015 presidential election.

    ‎”From the foregoing, we can conveniently state that their friendship and political alliance have significantly impacted the country.

    ‎”So we are really not surprised that at his death, President Tinubu displayed unlimited love and loyalty to the friendship as he rolled out the full compliments of the federal government to give Buhari a befitting burial.

    ‎”We have no doubt that this gesture will linger in the memories of Nigerians for a long time.”

    ‎The group also commend President Tinubu for the patriotic and leadership role he played in the national loss of former President Buhari.

  • Buhari’s death, a huge vacuum too difficult to fill – Ex-I-G Kpotun-Idris

    Buhari’s death, a huge vacuum too difficult to fill – Ex-I-G Kpotun-Idris

    Flowerbud News/ Alhaji Ibrahim Kpotun-Idris, former Inspector-General of Police (I-G), says the death of former President Muhammadu Buhari has created a huge vacuum that is too difficult to fill.

    Kpotun-Idris said this in a condolence message to President Bola Tinubu, the Emir of Daura, people and government of Katsina State as well as the late president’s immediate and extended family members.

    He said: “On behalf of myself and family, I extend my deepest condolences to the family, friends, and the people of Nigeria on the passing of former President Muhammadu Buhari.

    “Former President Buhari served Nigeria with dedication and commitment, both as a military Head of State and as President of Nigeria from 2015 to 2023.

    “His legacy and contributions to Nigeria’s development will be remembered.”

    The former Police boss described Buhari’s death as the end of an Iconic era, saying that his patriotism and incorruptibility remained unparalleled.

    “President Buhari’s death marks the end of an era, an era defined by uncommon dedication to nation-building, resolute leadership, and steadfast devotion to the ideals of honesty, integrity, and patriotism,

    “Nigeria has lost one of its greatest sons, and the world has lost a statesman of principle and conviction,” he stated.

    The 19th I-G also described the late president as a truly detribalised Nigerian who was a bridge and peace builder.

    According to him, Buhari’s legacy of integrity, impeccable character, simplicity, discipline, and patriotism will continue to inspire generations of leaders and citizens alike.

    “The nation he cherished and served so selflessly will never forget him.

    “May Almighty Allah forgive his shortcomings, reward his good deeds/and grant his noble soul eternal rest Aljannatul Firdaus,” Kpotun-Idris prayed.

    NAN

  • Peter Mbah Urges Academics to Join Politics at FOSAD International Conference in Enugu

    Peter Mbah Urges Academics to Join Politics at FOSAD International Conference in Enugu

     

    Flowerbud News/ Governor Peter Mbah of Enugu State has called on academic doctors across Nigeria’s South-East region to take an active role in politics, warning that their continued absence from the political space is paving the way for less competent individuals to dominate governance structures.

    Represented by the Commissioner for Environment, Prof Samuel Ugwu, the governor made the remarks while serving as Special Guest of Honour at the 2025 International Conference of the Forum of South-East Academic Doctors (FOSAD), held in Enugu. The theme of the conference was “Reimagining Sustainable Development of Nigeria’s South-East Region Through a Disruptive Innovation Model.”

    Governor Mbah decried what he described as a lackadaisical attitude by academics towards political participation, urging them to leverage their intellectual capacity to effect meaningful change in society.

    “You must not allow charlatans to take over the political structure,” he said, adding that the challenges facing the South-East require informed, courageous, and committed leadership.

    The conference featured two keynote speakers, Professor V.A. Onodugo and Professor Ofili Ugwudioha, who delivered in-depth presentations on disruptive innovation, policy transformation, and sustainable regional development.

    At the conclusion of the two-day conference, FOSAD issued a communiqué capturing the collective resolutions and insights of its members.

    Key points from the communiqué include:

    1. Preservation of Igbo Language: Members unanimously agreed on the urgent need to preserve and promote the Igbo language, warning that it must not be allowed to go extinct.

    2. Political Engagement: The Forum emphasized that academics must actively engage in politics to prevent the continued leadership of society by the uneducated or ill-prepared.

    3. Climate Change Advocacy: Academic doctors were urged to champion environmental protection efforts and lead campaigns addressing the escalating effects of climate change.

    4. Support for Agriculture: FOSAD called on government at all levels to create an enabling environment for farming and agricultural enterprises to thrive across the South-East.

    5. Harnessing Resources: The communiqué stressed that the South-East is richly endowed with both human and mineral resources, which must be strategically harnessed by the region’s governors to drive socio-economic transformation.

    6. Academic-Government Collaboration: The Forum encouraged the governors of the South-East states to partner with FOSAD as a knowledge-based advisory body in developing and implementing regional development plans.

    7. Condemnation of “Eze Ndigbo” Abroad: FOSAD strongly condemned the continued practice of self-acclaimed “Eze Ndigbo” titles among members of the Igbo Diaspora, describing it as a distortion of traditional leadership structures.

    8. Support for Constitutional Reform: The Forum declared its support for the position of The Patriots, a civic coalition advocating for constitutional reforms that will strengthen federalism and promote national unity.

    9. Insecurity: FOSAD urges the governors in the southeast to tackle the prevalent insecurity in the region.

    10. JAPA Syndrome: Harnessing the natural resources in the region and industrialization leading to abundance of food and employment will reduce the zeal to relocate abroad by youths.

    The conference drew participation from a wide array of intellectuals, policymakers, and development experts from across the South-East and beyond.

    It concluded with a renewed commitment by FOSAD to remain a critical stakeholder in the discourse around sustainable development, innovation, and governance reform in Nigeria.