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Stats: 2,777,798 members, 6,618,853 topics. Date: Monday, 06 December 2021 at 01:03 PM
|Re: Did Peter Obi Actually Break The Law? by Academicwizman(m): 8:27am On Oct 06|
Mr. Herbert- The Law. Well arranged piece.�. I am not a lawyer sir but how do you explain this part of the law that you quoted above:
"Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter -
"(a) at the end of every four years; and
(b) at the end of his term of office, submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.".
Besides, it appears that you are more interested in displaying your knowledge about tax evasion and tax avoidance which was not mentioned in the law provisions than addressing the 'letter' of the law (you have a very good knowledge in that area I must commend). Perhaps, you could have added also 'creative accounting' to broaden our knowledge in that area. At least PMGG business name depicts creativity.
I guess as a lawyer, all arguments are geared towards a predetermined end. That's great �. It's part of the job but what I find odd is the claim of 'dispassionate' assessment of the Pandora paper's claims.
What happens to declaring his own part of the assets and liabilities in the company? The law says all his assets. Does the fact that the properties, asset and liabilities are co-owned make his own share not to be part of "all his property, assets and liabilities"?
For instance, if I have a share in a joint venture with Mr. A, does that make my share in the venture not to be part of 'all my assets?
Are his children married at that point in time? Were they younger that 18 years?
These are germane questions that we expect Mr. Herbert- the Law, to answer and not a lecture on taxation and business management
|Re: Did Peter Obi Actually Break The Law? by CondemnBattery(f): 8:33am On Oct 06|
God bless you for this article...
Ignorance and envy has made a lot of people, to start crucifying Peter Obi
|Re: Did Peter Obi Actually Break The Law? by CondemnBattery(f): 8:36am On Oct 06|
Had your parents be business wise as Peter Obi, you would have also been registered in billions. Don't be envious of others successes. He worked for it. Build your empire, so your children won't be typing like you in the future
|Re: Did Peter Obi Actually Break The Law? by TheSupleemLeada(m): 8:38am On Oct 06|
My parents aren't criminals.
|Re: Did Peter Obi Actually Break The Law? by CondemnBattery(f): 8:42am On Oct 06|
And Obi is a criminal for having his business outside the shores of Nigeria?
Then Nigeria shouldn't have foreign investors then. Right?
No law prohibits even you from investing were you please.....
|Re: Did Peter Obi Actually Break The Law? by Fedelma: 8:44am On Oct 06|
Rubbish rubbish rubbish. Where is Buhari's certificate, what of much marketed BAT for 2023 the bullion van lord. Tell me any Nigerian leaders with a clean sheet. Please let shun hatred especially the igbo's . If Nigeria did not like the igbo's let them go there separate ways, why do Nigerians want to remain with failure & disappointment . Enough of the rubbish
|Re: Did Peter Obi Actually Break The Law? by Academicwizman(m): 8:46am On Oct 06|
Whataboutism is not so good an argument.
|Re: Did Peter Obi Actually Break The Law? by Fedelma: 8:48am On Oct 06|
Rubbish rubbish rubbish. Where is Buhari's certificate, what of much marketed BAT for 2023 the bullion van lord. Tell me any Nigerian leaders with a clean sheet. Please let shun hatred especially against the igbo's . If Nigeria did not like the igbo's let them go there separate ways, why do Nigerians want to remain with failure & disappointment . Enough of the rubbish
|Re: Did Peter Obi Actually Break The Law? by belcom10(m): 8:51am On Oct 06|
I guess he broke your law.
|Re: Did Peter Obi Actually Break The Law? by Foolishbuhari: 8:54am On Oct 06|
You are just hyperventilating and talking bullshit?you are just hyperventilating and talking bullshit!
Did Peter Obi break any extant laws? Did he steal Anambra money? Man was already a very multi billionaire from his businesses even before he became governor of Anambra state.
So far it's legal, I choose what should be made known in my life! He declared the assets he had direct control over. Did you ever consider he would perhaps be going against an NDA if he declares jointly owned assets?
I see what y'all are doing. Y'all hate him because nothing has been able to stick so far. He didn’t steal Anambra money like your lords in Bourdillion, So y'all keep trying to throw mud and look for grubs where there are none, believing if you throw up enough dirt, we would see dirt all over him.
Bros this isn't 2014/15. A whole lot has changed and every evil propaganda would be rejected, exposed and served right back to the initiator!
|Re: Did Peter Obi Actually Break The Law? by Lexusgs430: 8:54am On Oct 06|
Your parents are the daft one's.... Very stupid human being..........
|Re: Did Peter Obi Actually Break The Law? by warlordd(m): 8:55am On Oct 06|
Utter drivel! The article to me is nothing but a futile attempt to defend a fraudster who pretends to be a saint. Why should a public servant be involved in such shady deals as to fund companies in remote places with funds from my state coffers. Obi is simply a criminal, period!!!
|Re: Did Peter Obi Actually Break The Law? by Mchawi(f): 8:55am On Oct 06|
Idiot did you bother to read the article? Spewing nonsense. Kpomo agent. Olodo
|Re: Did Peter Obi Actually Break The Law? by poiZon: 9:00am On Oct 06|
godliman:Someone that left 50billion naira in cash for his successor with little or no debt, lagos that generates trillions yearly, haven't heard anywhere they said fashola left so so amount in the treasury for his successor or ambode left this for sanwo olu...
Instead ambode came out and list projects that fashola did at an outrageous amount devoid of common sense.
Office pen was purchased at 90k each, borehole drilled at 100million plus, a single class room block was built at 20million plus, etc.
Fashola bought 3bullet proof suv for his royal highness thiefnubu at 600million naira each, that same period stella oduah bought hers at 200million, sowore was paid to blackmail stella.
|Re: Did Peter Obi Actually Break The Law? by Maobichek: 9:00am On Oct 06|
Good morning, it's always appropriate to listen to two or more side of a story before drawing conclusions.
Tax avoidance and evasion are not the same also, investing in any other country outside Nigeria is not a crime but I believe that the CCB should be specific on declaration of assets, whether one must declare assets owned jointly with others because this legal practitioner is making a case for Obi on the privacy of co-owners of those companies, thank you.
|Re: Did Peter Obi Actually Break The Law? by henryobinna(m): 9:05am On Oct 06|
konkonbilo:where in my reply did I say anything about asset declaration? I don't fully understand what the law says with respect to that so I didn't say anything about it. I only talked about an area which I know something about.
I don't even understand your response maybe you should reply according to what I wrote up there.
|Re: Did Peter Obi Actually Break The Law? by kenex4ever(m): 9:06am On Oct 06|
Yuslaw2438:Wetin concern Thiefnubu for this matter.
|Re: Did Peter Obi Actually Break The Law? by poiZon: 9:08am On Oct 06|
TheSupleemLeada:Peter obi came from diaspora, contested elections against a structured party and won.
He had money before coming down.
He wasnt part of the system, he brought in his money. Just like maduka is doing.
These r men that were made already.
He wasnt a commissioner before or SA or whatever in Nigeria. He had businesses before coming in to contest. Unlike some thiefs who became billionaires shortly after becoming govrs.
|Re: Did Peter Obi Actually Break The Law? by stinechykee: 9:09am On Oct 06|
cybersoldiers:This is why I keep saying that Housa/Fulani are more nicer than those children of hate called Yorubas.I knew it will always be one of them that will write that trash against Peter Obi because they see him as a threat same way they see Nnamdi Kanu and entire Igbos as a threat to their only God knows what they are looking for from Igbos
|Re: Did Peter Obi Actually Break The Law? by tonyson010(m): 9:10am On Oct 06|
It is a pity that we r in this mess, the elite r fighting to loot our common resources.
None is fighting for the masses.
|Re: Did Peter Obi Actually Break The Law? by nameo: 9:11am On Oct 06|
Plzz you guys shoùld shut it with these Igbos this, Igbos that nonsense. Some of us are not from the SE yet we support Peter Obi.
Moreover, go to Twitter right now and search for Peter Obi mentions. Majority of the peeps supporting him there are not Igbos. Just go and search. A lot are actuallý Yorubas. There is another take on this issue by another Yoruba ans then northern lawyers that i read yesterday. Just like OP in this thread, they are not Igbos.
Focused on the issue plzz and dont be unfòrtunatè. The accusations and rebuttals that is.
Now, to the issue at hand. Let me just say i am somewhat disappointed that Peter Obi name was even mentioned in this context. And that is why i believe he needs to come out and clear up all these HIMSELF.
However, let me note that of the 4 or so persons mentioned already in this pandora expose, Peter Obi is the ONLY one that the words "stolen funds" has not been used. In fact, one of the writers of the article(Ibekwe) specifically said that they didnt not accuse Peter Obi of stealing or corruption after our own Seun asked him specifically on that on Twitter.
My views about Peter Obi has not changed. Not yet.
|Re: Did Peter Obi Actually Break The Law? by stinechykee: 9:12am On Oct 06|
poiZon:Don't mind those children of hate from South West of dustbin.Tomorrow if Maduka profile started soaring they will start digging everything available to pull him down
|Re: Did Peter Obi Actually Break The Law? by nameo: 9:14am On Oct 06|
Lolz...it is you who is the "fraudster" here.
Even the article didnt say what you are saying now. It is fraudulent of you to just pull that out of your azz.
|Re: Did Peter Obi Actually Break The Law? by stinechykee: 9:18am On Oct 06|
Adamsking:You should tell your Yoruba people that always sees anything that involves Igbos as a competition,tribal war and pull them down syndrome.You will not see them in any Housa/Fulani thread but when it is Igbo they will land like vultures and pigs they are to masturbate on Igbo matter
|Re: Did Peter Obi Actually Break The Law? by nameo: 9:20am On Oct 06|
Why are you Igbos(on Nairaland) trying to make this about "tribe". The arrogance and emotinalism of some of you sha.
They are baiting you and you are falling fot it.
Go to Twitter and see the people defending Peter Obi or at least given him the benefit of the doubt. Most are not even Igbos. A lot of them are even Yorubas.
You need to be smart ebough to differentiate between Yorubas(generally) and the Tinubu-Yorubas.
Dont ever allow them box in Peter Obi as an Igbo, sectional candidate else he will surely loss the election if he contests. That by the way is what those Tinubu-Yorubas will try to do by the way. That is what they are already doing.
|Re: Did Peter Obi Actually Break The Law? by KingOfAmebo(m): 9:43am On Oct 06|
Breaking the Law: Number 1
In Nigeria, a person is statutorily obligated to withdraw from engaging in or directing a private business, except if it is farming, upon becoming a public officer, Section Six (6) of the Code of Conduct Bureau and Tribunal Act stipulates.
However, our investigation, based on records obtained from the UK Companies House shows that Mr Obi continued to be a director of Next International (UK) Limited for 14 months after becoming the governor of Anambra State, thereby breaking Nigeria’s law. The politician resigned from the company on May 16, 2008, 14 months after he assumed duties as Anambra governor. He took office on March 17, 2006.
Mr Obi did not dispute the records PREMIUM TIMES cited but he claimed he “resigned immediately” by handing his wife his resignation letter. He suggested that his company might have failed to effect the changes on time or the UK Companies House did not immediately document his exit. But the UK companies registry said Mr Obi indeed resigned on May 16, 2008, and that it received his notice of resignation for electronic filing on June 16, 2008.
Breaking the law: Number 2
Nigerian public officers are required to declare “immediately after taking office and thereafter all” their properties, assets, and liabilities and those of his (or her) unmarried children under the age of eighteen years,” Nigeria’s 1999 Constitution stipulates (Section 11, Part of the Fifth Schedule).
PREMIUM TIMES investigation also found that Mr Obi breached this constitutional provision on assets declaration. We can authoritatively report that Mr Obi did not declare to the Code of Conduct Bureau the companies he tucked away in offshore secrecy havens.
Mr Obi caused to be created for him a structure of secrecy that had previously, until the Pandora Papers investigation, meant he could continue to hold foreign assets in a way that breaches Nigeria’s law without the knowledge of authorities in the country. In an extra layer of secrecy, Mr Obi used paid nominees as directors, while he remains the ultimate beneficial owner, making it nearly impossible to discover his interests in those companies but we obtained rare incorporation documents proving his link.
Otherwise, Mr Obi could have forever hoped to continue to hold the assets, that he did not declare when he had a statutory obligation to do so as a governor, without any authority or the public calling him to account.
In his response, Mr Obi ridiculously suggested that those offshore companies and assets are jointly owned with his family members and that he was not under obligation to declare companies jointly owned. “I don’t declare what is owned with others,” Mr Obi told PREMIUM TIMES. “If my family owns something I won’t declare it. I didn’t declare anything I jointly owed with anyone.”
This is contrary to the position of the Constitution, which specifies the declaration of all assets, whether jointly or partly owned, PREMIUM TIMES’ reporters told Mr Obi. He said he was not aware of that provision of the law.
Nevertheless, leaked records show Mr Obi is the sole ultimate beneficial owner of the offshore companies. So he did not even jointly own it with anyone.
In that case, Mr Obi has violated Nigeria’s Code of Conduct law and, if authorities decide to act appropriately, he could be arraigned before the Code of Conduct Tribunal, a special court that tries public officers for any contravention of the Code of Conduct for Nigerian public officers as spelt out in the Fifth Schedule of the Nigerian constitution.
The Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) were established to enforce “a high standard of morality in the conduct of government business, and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability.”
Breaking the law: Number 3
The former governor could be charged with failing to declare his offshore holdings and their associated assets and operating foreign accounts while being a public officer.
The Nigerian constitution and the Code of Conduct Bureau and Tribunal Act forbid a public officer from maintaining or operating a bank account outside Nigeria. However, as a governor, Mr. Obi continued to operate and maintain foreign accounts, including with Lloyds TSB.
Mr. Obi told PREMIUM TIMES that he received the advice to create an offshore structure from Lloyds TSB, which then introduced him to intermediaries who helped him to set up com where he continued to operate a foreign account as a governor.
The offences violate sections of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
Asked if he is concerned that Nigerians would be disappointed at him following our finding of his opaque and lawless dealings as a governor, Mr Obi said was more concerned about his UK school alumni network, his business, foreign creditors. He insisted that he served well as Anambra governor and Nigerians already have their opinions about him.
The former governor could be charged for failing to declare the company and its associated assets and perhaps operating foreign accounts while being a public officer.
Mr Obi told PREMIUM TIMES that he received the advice to create an offshore structure from Lloyds where he continued to operate a foreign account as a governor.
The offences violate sections of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
Shunning opportunity to declare assets, pay taxes
In June 2017, the federal government launched the Voluntary Assets and Income Disclosure Scheme (VAIDS), an initiative seeking voluntary disclosure of previously undeclared assets and income with a view to paying all outstanding liabilities. The VAIDS offered a nine-month window and incentives that included immunity from prosecution for tax evasion and undeclared assets, which would have benefited people like Mr Obi.
A key objective of the VAIDS was curbing illicit financial flows and tax evasion, which commonly feature the use of offshore holdings to shift taxes from where they are earned to havens where little or no taxes are paid.
The government in 2017 said defaulting individuals and corporate bodies who failed to take advantage of the VAIDS would be subject to criminal prosecution.
A number of Nigerian public officials with previously undeclared assets tucked away overseas participated in the VAIDS and got clearance certificates. Mr. Obi shunned the scheme and continued with his opaque business dealings in breach of the law.
|Re: Did Peter Obi Actually Break The Law? by sosowater: 9:46am On Oct 06|
Please o, answer this question: Is it a crime to register and start a business in another country that has little or no tax laws?
Also, remember that this was done before he became a governor.
As for me, I see no crime there. I have seen many Nigerian dropshippers register their businesses in US while living in Nigeria.
Do you expect them to pay tax to Nigeria for businesses they registered in US?
The man and his partners registered their businesses in the country and there's no least holding them against it.
|Re: Did Peter Obi Actually Break The Law? by KillAlabi2021(m): 9:47am On Oct 06|
|Re: Did Peter Obi Actually Break The Law? by Spherical77(m): 9:54am On Oct 06|
If you believe say your Obi fit be president for this Nigeria, then you should believe my grandmother is nothing but a virgin
1 Like 1 Share
|Re: Did Peter Obi Actually Break The Law? by MyExpression(m): 10:04am On Oct 06|
Maintaining his position as the Chairman, does it not show contravention?
This appointment of nominee director sounds like a hogwash because they all still report to the Chairperson.
|Re: Did Peter Obi Actually Break The Law? by sulaak(m): 10:09am On Oct 06|
lebete3000:Olodo, you can continue to love your corrupt politicians, but respect my right to reject and hate them.
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