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MATURITY OF ZAMFARA PROMISSORY NOTE, BEYOND SECURING OF FEDERAL HIGH COURT ORDER

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By 
Anas Sani Anka
Managing Editor

As the phase (1) of the controversial promissory note matures on Tuesday the 28th of December 2020 there come some hidden questions which required urgent answers especially from Zamfara State government or any of its agents.


Zamfara State Government had earlier raised alarm that the former Government of Abdulazeez Yari Abubakar has sold out its promissory note earlier issued to it by the Federal Government in respect of the Federal roads it has constructed to United Bank for Africa (UBA) at an unacceptable discounted rate.


The State Government through its Commissioner for Finance Rabiu Garba has argued that, requisite procedures have not been followed in regularizing the processing of the controversial promissory note and indeed vows to challenge that decision.

Initially Alh Rabiu Garba said he had written a petition to the IGP demanding for the investigation of key players in the issue especially the DG of the Governors Forum, and key government officials for them to explain the circumstance that led to the decision by the immediate past government of Yari.


The major argument of the agents of the government of Zamfara was that “why has the administration of Yari hurriedly monetized the promissory note instead of allowing it to mature and access the money at the due date agreed between the state and federal government.


While the matter went so low after for some months just on Thursday the 24th of December 2020, the State government approached a Federal High Court Abuja and secured an order of interlocutory injunction restraining the CBN from remitting the first part of the promissory note pending determination of the motion on notice.

Based on the existing arrangement, phase one of the money align to the promissory note valued at N 14,906,105,512.93 will mature by Tuesday the 28th of December 2020

And the state government demanded for an order restraining the CBN from remitting the same amount of money to the United Bank for Africa and many other prayers as deemed fit.

Zamfara State Government engaged the services of an External Solicitor Ahmed Raji (SAN) to secure the order which he did as Presiding Judge of the Court Justice Maha ordered as follows:

“That an order of interim injunction is made restraining the 1st defendant (CBN) from acting upon, processing further any redemption in favour Of the 2nd defendant (UBA), of the promissory note in FGN/PN/2018/SG/21 valued as N14,906.105.512.93 pending the hearing and determination of the motion on notice”.


“That 1st defendant (CBN) in this suit is ordered not to do anything concerning the res of this case and therefore foist a fait accompli on the Court”.


“That the plaintiff/applicant is ordered to serve the defendants with the certified true copy of the enrolled orders of the court. The writ of summons and motion on notice seeking interlocutory orders of the court”.

“That when served with the processes of the plaintiff, the defendants are ordered to file their replies to the highlighted processes”.


“That hearing notices are to be issued and served on the defendants in this suit”.


The central questions that requires some clarifications are: To what extent can the motion on notice succeeds before the Federal High Court considering the facts that, the entire transaction was done on behalf of Zamfara State Government not on individual basis.

Again based on the pronouncement by the State Commissioner for Finance Rabiu Garba in one of the Press Conference he organized in Gusau clearly said, there are evidences that the money even though discounted were remitted in to the state government account and as such by implication of that pronouncement it may be deemed that UBA has legitimate right to claim for the refund of the money it advanced to the State Government on that legal arrangement.


Again the challenges with the order of interlocutory injunction secured is if it has not been served and properly acknowledged by the defendants especially the CBN before 12:00am tomorrow the essence may be defeated hence it’s an “order experte” which bounce with time.


Has the state government, or it’s external Solicitor Ahmed Raji been able to serve the order between Thursday night and today Monday?. This is a big question which the state government or it’s agents need
to answer.

If it has been able to serve the order and the action was suspended the next question that may arise is, can there be any moral justification to deny UBA the refund of its money advanced to Zamfara State Government? Though the strengths of the evidences deposed to the motion by the State Commissioner of Finance may provide an answer to this costly question.


If in the event (God forbid), the defendants are not served with the order considering the fact that, the order was issued on Thursday after closing of the work and Friday was an Xmas day and today Monday was a public holiday what is going to be the faith of the legal process because the aims may seem to be defeated.

In line with the majority views and also the views of experts in law, the state government should have instituted a process that will verify and ascertain how has the money advanced by the UBA utilized by the agents of the previous government?


Who are responsible for the alleged mismanagement of the funds as alleged by the State Commissioner of Finance and also at which point can Zamfara State government recovers part of the money paid from the promissory note allegedly mismanaged by the agents of the previous government.


I think that will make more sense if the present government in Zamfara  can get it’s facts accurately and face those that matters in this issue instead of instituting a legal fight with the UBA or the CBN.


But afain, legal matters may be harder than one may  perceived them and only time can tell how the matter will ends.


Some of these questions may be cleared by the State Commissioner for Justice Nura Ibrahim Zarumi, who is billed to come on our TV show programme on Wednesday the 29th of December 2020  to shed more light on this unending thug of war between the previous government of the APC and current government of PDP in Zamfara State.

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MADAWAKI, BAKAUYE, ONE OTHER WITHDRAW FROM ZAMFARA PDP GUBERNATORIAL RACE

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An hour after the commencement of the PDP primaries in Zamfara three aspirants namely Mal. Wadatau Madawaki, Engr Ibrahim Shehu and Hafiz Nahuche have announced their withdrawal from the race.

They alleged that their withdrawal was as a result of irregularities observed shortly after the commencement of the voting.

One of the Aspirants Malam Wadatau Madawaki said, they are accusing the state party Chairman Col. Bala Mande Rtd of romancing with one of the aspirants alleging that, they have video evidence that, the party Chairman went around the hotels together with the aspirant canvassing for support from the delegates.

He also alleged that, the list brought from the National Headquarters of the party is adulterated with the names of APC members.

He also alleged that one of the members of the committee from the national was captured lobbying for votes from the delegates who cannot write their names on the ballot papers.

They announced that they have withdrawn from race and threaten to file an appeal to the national headquartered of the party for consideration.

They have also announced their readiness to proceed to court if their appeal is not considered.

 

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SERIAL ARMED BANDIT ATTACKS: ZAMFARA COMMUNITY CRIES OUT TO GOVT.

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Residents of Damaga village in Maru local government area of Zamfara state have cried out for help as bandits continue to launch serial attacks on their community, resulting in killing and abduction of many people.

A source who confided on this medium said for the past three weeks there was no day that will pass without the bandits launching attack either on the Damaga community as a whole or on individuals, especially local farmers.

He said, there are many people from Damaga and other neighboring villages who have been in captivity for sometimes and with the exception of those whose relations were able to raise money for ransom, the fate of those that have been in captivity is yet to be established.

He also said, many were killed especially when they went to their farms as the bandits insisted that, no farmer will be allowed to go to the farm for their agricultural activities.

Furthermore he added that, some residents who felt not secured, have already fled out of the Damaga community for safety.

Effort to speak to Zamfara police spokesperson SP Shehu Muhammad on the issue has failed.

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AS ZAMFARA PDP MOVE TO CONDUCT GOVERNORSHIP PRIMARIES, TWO ASPIRANTS STEPS DOWN AMBITION TO SUPPORT EX-BANKER

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Two gubernatorial aspirants of the People’s Democratic Party had stepped down their ambition to support the candidature of Dr. Dauda Lawal Dare Gamjin Gusau.

The immediate past Deputy Governor of Zamfara State Barr. Mahadi Aliyu Gusau has announced his decision to step down for Dr. Dauda Lawal via a statement from his former Principal Private Secretary Aminu Umar Game-Game.

He called on all the delegates who are fully supporting him to direct their vote to Dr. Dauda Lawal in the overall interest of the state.

Two days back, another aspirant Abubakar Nakwada Gusau has also announced his formal step down for Dr. Dauda Lawal.

The party primaries which is scheduled for Wednesday is to be contested between Gamjin Gusau and three other aspirants including a retired Director of Education at the UBEC Malam Wadatau Madawaki and former Federal lawmaker Ibrahim Shehu Gusau.

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