Tuesday 19th April 2016

Kachikwu: OPEC to Restrategise on Output Freeze as Oil Slumps 7% Naira rises on prospect of yuan currency swap

Chineme Okafor in Abuja and Obinna Chima with agency report

As crude oil prices fell as much as seven per cent in early trading yesterday, before

rallying slightly, after attempts by some of the world’s biggest producers to freeze output ended without a deal on Sunday, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has said

that member countries of the Organisation of Petroleum Exporting Countries (OPEC) will go back to the drawing board to work out a best approach to shore up oil prices.

Kachikwu, who is also the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), said after the disappointing meeting of the cartel last Sunday in Doha

where they failed to agree on a production freeze, that they would continue to push until they achieved a consensus that would eventually see to an output freeze among oil producers.

He added that he would, at the next meeting of the oil producers in Vienna, represent the issue again for deliberation.

A statement from the Group Continued on page 6

#PanamaPapers Reveal Tinubu Operated 12 Shell Companies in Tax Havens...

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Witness Admits His Report was Submitted After Charges Were Filed FG insists Saraki had more assets than he declared Senate President: My trial won’t disrupt Senate proceedings

Tobi Soniyi and Alexander Enumah in Abuja

As the trial of the Senate President, Dr. Bukola Saraki, for false declaration of assets when he was the governor of Kwara State between 2003 and 2011 resumed yesterday, the witness for the prosecution revealed that the he submitted

CCT TRIAL his investigative report, which was meant to have been used by the federal government to arraign Saraki, well over a month after the Senate president had already been Continued on page 6

…Return 108 Cars or Face Wrath of the People, NLC Tells Senate

CSOs condemn Senate over CCT amendment

Paul Obi and Bukola Eshun in Abuja

The Nigeria Labour Congress (NLC) yesterday warned the Senate to return about 108 Toyota Land Cruiser sports utility vehicles (SUVs) it bought for senators or face the wrath of the Nigerian people

who are at the moment facing excruciating economic pains and hardship.

NLC President, Mr. Ayuba Wabba, said in Abuja that the purchase of the cars was wrong and insensitive in Continued on page 8

Nigerian Military Repels Boko Haram Attack in Borno… Page 9

UBA REWARDS OUTSTANDING STAFF

L-R: Abia State Governor, Dr. Okezie Ikpeazu; Group Managing Director/CEO, United Bank for Africa (UBA) Plc, Mr. Phillips Oduoza; and Kebbi State Governor, Alhaji Atiku Bagudu, at the ninth edition of the UBA CEO Awards held recently by the bank to reward outstanding staff within the group

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PAGE SIX WITNESS ADMITS HIS REPORT WAS SUBMITTED AFTER CHARGES WERE FILED arraigned at the Code of Conduct Tribunal (CCT).

But the federal government at the tribunal sitting in Abuja insisted that Saraki failed to declare some of his landed property in the assets declaration form submitted to the Code of Conduct Bureau (CCB).

During cross examination by Saraki’s lead counsel, Mr. Kanu Agabi (SAN), a detective from the Economic and Financial Crimes Commission (EFCC), Michael Wetkas, testifying for the prosecution, told the tribunal that the charges against the Senate president were filed at the tribunal one month before he submitted his statement.

He made the revelation when he was asked by Agabi whether he was aware that that his statement was made over one month after the prosecution had filed its charges against the defendant.

Wetkas who said initially that he was not aware, was later to admit the discrepancy after he was presented with a document showing that the charges against Saraki were filed on September 14, 2015, while his statement was made on October 30, 2015.

Also when asked if he knew that the usual practice was for the statement to be made before charges are filed, the witness while claiming that he did not file the charge, stated that the prosecution asked him to file a summary of his report of his findings and activities during the investigation.

Wetkas also said that he was not the one who investigated a

petition by the Kwara Freedom Network neither did he carry out a forensic investigation of the account of Kwara State when Saraki was governor.

The petition from the network was investigated by Team Two of the Economic Unit of EFCC, he explained, adding that what his own team investigated was based on an intelligence report.

The witness also told the tribunal that he did not investigate the pension scheme of Kwara State, neither did he know the entitlements of the defendant.

The witnesses last week told the tribunal that Saraki received monthly salaries from the Kwara State Government after the expiration of his tenure as governor of the state till June 2015.

Earlier in his testimony, Wetkas revealed that the Senate president failed to declare his property located at Nos. 1 and 3 Targus Street, Maitama, Abuja, in the assets declaration he made in 2007 and 2011, even though he had acquired those properties before he became the governor of Kwara State.

The witness also told the tribunal that although the assets declaration form provided a column for factories, ranches, farms and enterprises, Saraki wrote in the column, “I do not have”, whilst investigations revealed that he owned several companies.

According to Wetkas, the Senate president has substantial and controlling shares in Skyview Property Limited, Carlyle Property and Investment

Limited, Babs Trading and Manufacturing Limited, Delta Foods Limited, Lintas Limited, Orion-Agro Limited, PPI Limited, Bastone Limited and Quality Packaging Limited, among others.

He also told the tribunal that properties at No.15A and B Mcdonald Road, Ikoyi, Lagos that were declared by Saraki in his assets declaration form were bought in the name of Tiny Tee Limited from the Presidential Implementation Committee on the Sale of Federal Government Property.

The tribunal admitted 17 more exhibits as proof that Saraki owned the properties in question.

He told the court that the defendant declared 15A and 15B as his property in the assets declaration forms but when EFCC wrote to the presidential committee to verify the property, they responded that from their records, the property was No 15, Mcdonald Road, Ikoyi Lagos, and another one was Flat 1-4 Macdonald Road, Ikoyi, Lagos.

Wetkas stated that Tiny Tee paid 75% cost of the property, amounting to N123.75 million from the account of Skyview Properties with Intercontinental Bank Plc, now Access Bank Plc. He however said the presidential committee could not provide a copy of the draft for the payment and Access Bank too could not get a copy of the draft, but they referred the team to the Skyview Properties Ltd account with them, where the draft was cleared and also furnished his team with the

certificate of the account as well as opening packages for the account.

The certificate of identification, account opening packages, and draft for the payment were tendered and accepted as evidence in the court. He told the court that the payment for property purchased in the name of Tiny Tee by Saraki was partly made from Access Bank and GTB. Among other the documents tendered through the witness were: a GTB Plc bank draft of the sum N256.3 million, N12.8 million and another N24 million as part payment for the property at No.17 Mcdonald Road, Ikoyi, Lagos by the defendant.

“There is another draft of N180.6 million dated April 3, 2007. We have another draft for N36.1 million dated January 10, 2007, both as part payment of the No.17 Mcdonald Road, Ikoyi, Lagos,” Wetkas told the tribunal.

He said even though the policy of the presidential committee did not allow anybody to buy more than one property, the Senate president bought three of the properties from the committee, saying that the properties at Nos. 17 and 17A Mcdonald Road, Ikoyi were acquired in Saraki’s personal name, while No.15, Mcdonald Road was bought under the name of Tiny Tee. He said investigations further revealed that a list of properties owned by Saraki included Rukson Gardens in Ikoyi, Lagos, which is divided into nine sub-units, with each

of them generating N7 million per annum amounting to a total income of N126 million per annum, which he also failed to declare.

Before the testimony and cross examination of the witness, the chairman of the tribunal, Mr. Danladi Umar, warned that he would no longer entertain excuses from counsel deemed to unnecessarily delay proceedings, even as he declared that the trial would henceforth be held on a daily basis in line with the spirit of the Administration of Criminal Justice Act (ACJA).

Umar stated this after a request by a representative of the defence team, Gabriel Ezegine said that the case be stood down for one hour to enable the lead counsel join the tribunal.

He said that Jacobs had asked him to apologise to the court on his behalf, seeking it permission for a one-hour delay, explaining that Agabi was absent because of another case he was handling at the Court of Appeal, which was served on him yesterday.

The chairman who acceded to the request following appeal from Agabi, said that he would no longer entertain any frivolous and unnecessary excuse from any counsel, stressing the trial would continue day-to-day without any distraction.

Umar, however, turned down the application by Agabi asking the tribunal to provide him with the day-to-day record of proceedings of the tribunal to enable the defence team to thoroughly cross examine witnesses.

Umar said that the court could not oblige the defence counsel the record of proceedings daily, as this would be too cumbersome on the court registry. He however promised to do so fortnightly.

Though the tribunal was scheduled to resume sitting in the morning today, following Agabi’s appeal, Umar adjourned proceedings to noon for continuation of cross examination of the witness.

Meanwhile, after yesterday’s proceedings, Saraki said in a statement by his media aide, Mr. Yusuph Olaniyonu, that his ongoing trial at the tribunal would not disrupt the activities of the Senate.

Saraki made this statement after Umar announced that the proceedings in the trial would now hold daily.

At the preliminary stage of the trial, senators had always accompanied the Senate president to the tribunal each time the case came up for hearing.

But Saraki said now that the trial proper has commenced and the Senate was in session, he would not want the trial to affect legislative business.

“I am the one on trial not the Senate. Even though I have been overwhelmed by the solidarity displayed by my colleagues, it is important that the work of the Senate is not unduly affected by this process,” he said.

The Senate president affirmed that the legislative body, being an institution, would not be affected by the absence of any of the principals.

crashes below their entry level.

“We should expect that a lot of people would begin to offload their dollars so that they are not caught in between what is happening now. But those that have the capacity to hold for between 90 and 180 days may want to hold it longer.”

Also, Lagos-based CSL Stockbrokers Limited in a report yesterday noted that the Chinese currency swap would help to streamline Nigeria's trade with the Asian country.

It added that it would ease demand for the dollar and was expected to provide some relief to the parallel market naira/ dollar exchange rate.

But the report pointed out that the deal does not alter the fundamental fact that Nigeria is running a current account deficit and will therefore still need investment inflows to stabilise the external account and stimulate the economy.

“Looking first at the currency swap, this essentially entails an exchange of currency between ICBC (which will receive naira) and the CBN (which will receive yuan) at a pre-agreed exchange rate. The two entities will have agreed an interest rate on the swap as well until maturity when the currencies will be re-exchanged.

“Prior to maturity, the CBN can supply Yuan to Nigerians importing goods from China while the ICBC can supply naira to Chinese importers of Nigerian goods. From Nigeria’s perspective, this helps importers overcome the challenge of accessing forex, something that has impinged the ability of many Nigerian firms to operate.

“Importantly, Nigerian importers of Chinese goods (which form the largest share of Nigeria’s import basket) will now not have to buy US dollars to purchase goods from China

as they will have some direct access to the Yuan.

“More broadly, the swap deal does not alter the fact that Nigeria is consuming more than it is producing and that more forex (yuan, dollars or any other foreign currency) is flowing out of the current account than in.

“This is reflected by a current account deficit. The swap therefore also does not change the fact that Nigeria will continue to rely on financial and capital account inflows to cover the shortfall in the current account. Until these flows are forthcoming, Nigeria’s external accounts and economy will remain under pressure,” the report added.

Central Bank of Nigeria (CBN) Governor, Mr. Godwin Ifeanyi Emefiele, on Sunday had expressed optimism that the currency swap would strengthen the naira and help reduce the strong demand for the US dollar in the country.

KACHIKWU: OPEC TO RESTRATEGISE ON OUTPUT FREEZE AS OIL SLUMPS 7% General Manager Public Affairs of NNPC, Garuba Deen Muhammad, yesterday in Abuja said Kachikwu spoke to journalists after the meeting of OPEC and non-OPEC oil producers.

Kachikwu stressed that OPEC must work at achieving a workable consensus on the issue by bringing everybody to the negotiating table.

“We are just going to work at it. It is a supply and demand issue and we need to consult and bring everybody into the circle and thank God that a committee is now in place to try and work towards getting everybody on board,” said Kachikwu.

He said once every member country of OPEC is brought on board, it would become easier to convince other major oil producers to sign-up to the production freeze deal.

According to him, the policy is designed to remedy the lingering decline in the price of crude oil. He also disclosed that he would pursue vigorously the plan in the next OPEC ministerial meeting which is slated for June in Vienna, Austria.

The Doha meeting had 18 countries in attendance, namely: Qatar, Kuwait, Oman, Saudi Arabia, Nigeria, Russia, Mexico, Ecuador, Trinidad and Tobago, Iraq, Mexico, Azerbaijan, Kazakhstan, Angola, Bahrain, Indonesia, Venezuela and the United Arab Emirates.

However, news on the stalemated meeting saw oil prices plummet to as low as seven per cent in early trading yesterday, before recovering slightly.

Hopes of a deal to hold crude oil production at last January’s level were shattered

by Saudi Arabia’s insistence that Iran, which had refused to participate in the freeze as it

rebuilds oil exports after years of sanctions, should be part of any agreement.

Financial Times (FT) reported that the failure to reach an agreement set off another drop in the oil price with Brent, the international benchmark, down 3.9 per cent at $41.42 a barrel in afternoon trading in Asia.

West Texas Intermediate, the US marker, was also down 4.2 per cent at $38.66 a barrel Talks in Doha aimed at achieving the first global oil deal in 15 years had appeared to be on course on Sunday but they broke up late in the day as ministers failed to overcome opposition from Riyadh, which had hardened its stance in recent days.

Delegates, including some of Saudi Arabia’s Gulf Arab allies, reportedly asked why the kingdom came to Doha when Iran’s position was known well in advance, stressing that they had expected Saudi Arabia to rubber-stamp the deal.

Qatar’s Energy Minister, Mohammed Bin Saleh Al-Sada, said: “We all need time for further consultation.”

Delegates said Saudi Arabia had in effect torn up an earlier draft of the deal as it decided it could not be party to an agreement that would give Iran any leeway.

But Tehran had refused to join the freeze as it rebuilds its oil exports after years of sanctions.

“We are very, very disappointed,” said Falah Alamri, the Iraqi representative.

“This will affect the (oil) price and our earnings. We wanted a deal.”

Iran did not send a representative to the meeting, which was attended by major non-OPEC producers such as Russia and Mexico, alongside countries from the cartel.

Together they represent almost

half of global crude production.

Hopes for a deal had grown among producers as they tried to end a near two-year price slide that has decimated their budgets and sparked fears of a deflationary spiral in the wider world economy.

Oil prices had rallied from below $30 a barrel in midJanuary to $43 at the end of last week, partly due to the plans for an output freeze that were led by Qatar, Russia and Saudi Arabia.

FT reported that a second draft that had been circulating on Sunday suggested a freeze would only take place “as long as all OPEC countries and major exporting nations” were unanimous on a deal.

Saudi Arabia said in late 2014 that it did not care if oil prices slid to $20 a barrel, but it had recently indicated a shift in its approach amid pressure on the country’s finances.

However, the country’s Deputy Crown Prince, Mohammed bin Salman, said Saudi Arabia would not sign up without Tehran.

The two regional powers are backing opposite sides in Syria’s bloody civil war, and Saudi Arabia has been fighting Iranian-backed forces in Yemen.

Meanwhile, the naira appreciated against the US dollar on the parallel market yesterday as prospects of a currency swap between Nigeria and China began to sink in.

The naira, which had been hovering between N323 and N325 to a dollar for weeks on the parallel market in Lagos, closed yesterday at N315 to a dollar at Apapa and N317 to a dollar at Marina.

Forex dealers and currency analysts reckoned that the naira would appreciate further, saying that with the development, a lot of speculators might get their fingers burnt.

President Muhammadu Buhari last week travelled with a high-level government delegation to China where he signed a $6 billion deal to fund joint infrastructure projects.

During Buhari’s visit to Beijing, the Industrial and Commercial Bank of China Ltd (ICBC), the world’s biggest lender, and Nigeria’s central bank also signed a deal on yuan transactions.

“It means that the renminbi (yuan) is free to flow among different banks in Nigeria, and the renminbi has been included in the foreign exchange reserves of Nigeria,” Lin Songtian, Director General of the African Affairs Department of China’s foreign ministry, told reporters.

The agreement was reached following a meeting between Buhari and Chinese President Xi Jinping.

In his reaction, a currency analyst at Ecobank Nigeria Limited, Mr. Kunle Ezun, who spoke in a phone chat with THISDAY, noted that although the fundamentals of the market were still weak, the forex market which trades on expectations were positive on the currency swap with China.

“The thinking of some in the market is that if the currency swap that the federal government signed with the Chinese government works out well, it is going to reduce the pressure on the naira,” Ezun said.

When asked how speculators in the forex market were responding to the development, Ezun said: “You know currency speculation, in-as-much as it can make someone a millionaire overnight, in the same way it can make that person a pauper overnight.

“So going forward, a lot of speculators that are holding dollars would begin to sell so that they can exit before it

TOP GAINERS NGN NGN TRANSEXPR 0.09 1.08 DIAMONDBNK 0.11 1.41 CAVERTON 0.08 1.73 STANBIC 0.65 14.30 MAYBAKER 0.04 0.88 TOP LOSERS NGN NGN CONOIL 1.70 16.45 OANDO 0.38 4.18 CCNN 0.35 6.68 LAWUNION 0.03 0.58 CUTIX 0.07 1.37 HPE Nestle Nig Plc ₦640.01 Volume: 129.69 million shares Value: N582.45 million Deals: 1,660 As at yesterday 18/04/16 See details on Page 44

% 9.09 8.46 4.85 4.76 4.76 % 9 8 4.98 4.92 4.86

T H I S D AY TUESDAY APRIL 19, 2016

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T H S D AY • TUESDAY APR L 19 2016

FG Turns to Taxman as Oil Revenue Shrinks

After gorging itself for decades on petrodollars, the Nigerian state has been forced by tumbling oil prices to turn to a new source of cash: the taxman.

With crude holding sway as the main source of state revenue, tax enforcement was lax and people showed little interest in what those in power did with the funds, Clement Nwankwo, the executive director of Abuja-based Policy and Legal Advocacy Centre, said in an interview. Now the government of Africa’s biggest oil producer is unable to fund its budget and is counting on ramped up borrowing and taxes to fill the gap.

President Muhammadu Buhari, who came to power last May, has outlined a record budget of N6.1 trillion ($30.6 billion) for 2016 to spend the country out of the current economic slowdown.

Higher taxes and improved efficiency in collection are among the cornerstones of the plan. That may carry a political price.

“These taxes are going to come with new demands by citizens for transparency and accountability,” Nwankwo said. “People are going to feel entitled to the ownership of the public purse, rather than the previous experience where they felt it wasn’t money that belonged to them.”

Officials make the case that Nigeria has one of the lowest tax ratios globally.

It’s tax-to-GDP measure was 1.6 per cent in 2012 compared with 14.9 per cent in nearby Ghana and 25 per cent in South Africa, 25.5 per cent in the U.K. and 26.8 per cent in Norway, according to World Bank data.

International Monetary Fund (IMF) Managing Director, Christine Lagarde, while on a visit to Nigeria in January, urged the government to raise its value added tax rate of 5 per cent.

Buhari’s model is Lagos, sub-Saharan Africa’s largest city of 20 million people, which used improved tax collection and sold bonds to fund major infrastructure

Buhar pro ects Tunde Fow er who headed the Lagos revenue office was moved

by Buhar to the he m of the Federa In and Revenue Serv ce (FIRS) the federa tax agency ast year w th the expectat on he w reproduce the Lagos resu ts at the nat ona eve Lagos revenue soared to N23 b on n 2014 from N600 m on per month n 1999 as the state eased up bureaucracy us ng str ct enforcement and pub c campa gns to encourage payment accord ng to a January report from Lagos-based FBN Quest Ltd “Our mandate now s to ensure the ncrease n non-o revenue to ensure stab ty n the ent re system ” Fow er to d a meet ng of heads of tax offices across the country n the northern c ty of Kano ast week Rep cat ng Lagos success across N ger a won t be easy sa d Ta wo Oyede e head of tax at Pr cewaterhouseCoopers LLP n N ger a The ma or evy n Lagos was persona ncome tax wh e to ncrease federa revenue the government w have to ook at “very comp ex” va ue added taxes and corporate ncome taxes on

fore gn compan es many of wh ch operate but don t have an offic a presence n N ger a he sa d The federa tax agency wh ch co ected N3 7 tr on ast year has set a target to ncrease revenue by 32 per cent th s year and expects 70 per cent of the ncome to come from va ue-added tax The government has begun more r gorous enforcement of the stamp duty aw and expects t w y e d about N2 tr on annua y The stamp duty first s gned nto aw n 2004 saw m ted enforcement unt a January 15 d rect ve by the Centra Bank of N ger a (CBN) ask ng enders to charge N50 on a payments exceed ng N1 000 to he p boost the treasury Bus nesses operat ng n N ger a are a so concerned the tax dr ve may deepen the country s econom c woes by further hurt ng compan es sa d Muda Yusuf ch ef execut ve officer of the Lagos Chamber of Commerce and Industr es N ger a s econom c growth s owed n 2015 to 2 8 per cent the s owest pace s nce 1999 as crude revenue fe and manufacturers strugg ed am d a shortage of fore gnexchange for mports “The m stake s to a ways ook at the nvestor for the funds ” sa d Yusuf “Rather than add to the burden of bus nesses the government can ook at the effic ency of tax adm n strat on ” Wh e Buhar s adm n strat on s stress ng the need to boost revenue there s more urgent need to work to manage resources sa d Adetokunbo Mumun head of Lagos-based Soc oEconom c R ghts and Accountab ty Pro ect (SERAP) “In sp te of a the no se be ng made about fa en o revenue there are st suffic ent resources to manage the economy ” he sa d “The on y th ng ack ng s any ser ous attempt to b ock eakages and wastefu ness ” •Culled from Bloomberg

…RETURN 108 CARS OR FACE WRATH OF THE PEOPLE NLC TELLS SENATE the face of the suffer ng of the masses Accord ng to Wabba “We cons der as appa ng nsens t ve and greedy the dec s on of the Senate to acqu re 108 Toyota Land Cru ser veh c es (one for each member except the Senate pres dent) after co ect ng car oans n August ast year for the same purpose “It s equa y mora y desp cab e and shamefu that they are do ng th s after pub c y adm tt ng that the stand ng comm ttees of the Senate are unab e to perform the r statutory funct ons due to the pauc ty of funds " NLC observed that the temer ty of the Senate to go ahead w th the purchase of the 108 Toyota SUVs after pocket ng the car oans amounted to a cr m na act ca cu ated to short change the nat on “We at the N ger a Labour Congress equa y cons der t a w fu and gr evous cr m na act the nflat on of the un t cost of each of the cars by over a 100 per cent as each car supposed y cost N35 1 m on nstead of N17 m on “As de from th s N ger ans are keen to know from where they got the money for the purchase of these cars w thout appropr at on The defence offered by the Senate spokesperson A yu Sab Abdu ah s aughab e and ch d sh “Accord ng to h m Spec a Adv sers ( n the pres dency) use SUVs why not senators or do N ger ans expect them to trek to work? And n any case cars are cap ta pro ects ” Wabba quoted h m as stat ng Wabba cont nued “Cou dn t th s have been put to better use such as the const tuency pro ects of these same senators? At a t me of severe econom c cha enges and deepen ng poverty n the and can the Senate

afford th s eve of reck ess uxury and arrogance?

“The answer s No The r mu t p e acts of cr m na ty rang ng from acqu r ng these cars after prev ous y tak ng oans for the same purpose spend ng money w thout appropr at on and over nflat ng costs const tute not ust corrupt on but a cr me aga nst the N ger an peop e whom they c a m to represent “Accord ng y we demand they return those cars to whoever supp ed them or the appropr ate agenc es prosecute them for corrupt on In the event none of these happens they shou d be prepared to keep a date w th N ger an workers and the r c v soc ety a es nc ud ng market women and students No one s above the aw ” In the same breath c v soc ety groups yesterday confronted the Senate over ts amendment of the Code of Conduct Bureau CCB) and the Code of Conduct Tr buna (CCT) Act C v Soc ety Leg s at ve Advocacy Centre s (CISLAC) execut ve d rector Auwa Ibrah m Rafsan an at a br efing n Abu a stated that the attempt by the Senate to water down the current CCB and CCT Act wou d not serve the nat on any good He sa d “The c v soc ety organ sat ons (CSOs) work ng to promote ust ce and good governance n N ger a have been mon tor ng w th consternat on the ongo ng undemocrat c se f-serv ng and dub ous attempt by the Senate of the Federa Repub c of N ger a to hasten the passage of the proposed amendment of the aw sett ng up the Code of Conduct Bureau (CCB) and the Code of Conduct Tr buna (CCT) " He reca ed the ongo ng tr a of Senate

Pres dent Buko a Sarak at the CCT and the start ng and m nd-bogg ng reve at ons that have emerged about how the Senate pres dent rece ved doub e pay ong after he ceased to occupy the governorsh p pos t on of h s home state of Kwara Accord ng to h m “The senate pres dent s a so n the dock over a egat ons of fa se and ant c patory dec arat ons of assets He s a so a eged to have breached the aw by keep ng secret fore gn accounts n offshore tax havens as confirmed n the eaked Panama papers “The so ca ed d st ngu shed fe ow has equa y been accused of forg ng the Senate ru es These are we ghty a egat ons wh ch ord nar y shou d have compe ed Senator Sarak to step down and use the ud c a process to c ear h s name ” A so Ko a Banwo a member of another CSO exp a ned that the end game of the Senate s to str p the tr buna of the powers to sanct on corrupt nd v dua s and eventua y mut ate the current CCB aw He sa d “Mr Sarak shows d sda n and contempt to N ger ans and the ru e of aw by c os ng down the senate and carry ng a ma or ty of senators to the tr buna whenever he has to appear before t “The senators who are pa d to carry out the r eg s at ve dut es abandon the r work to go and prov de so dar ty to someone charged w th a cr m na act ” Banwo contended that the passage of the b wou d portray the Senate n a bad ght and as a betraya of pub c trust the tota d sregard for adm n strat on of ust ce and utmost confl ct of nterest on the part of the E ghth Senate

STARTERS

Two-Minute Briefing NEWS #PanamaPapers: How Tinubu Operated 12 Shell Companies in Tax Havens Last October, Nigeria’s biggest indigenous oil and gas company, Oando Plc, made history for the wrong reason when it announced a loss of N184 billion in the 2014 financial year.

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EDITORIAL Lessons from South Africa

TUESDAY APRIL

19, 2016 • T H

NEWS

I S D AY

#PanamaPap ers: How Tin ubu Operated Shell Compan 12 ies in Tax Ha vens Email davidso

News Editor

n.iriekpen@thi

9

Davidson Iriekpe

sdaylive.com,

0811181308

n

1

Last October, Nigeria’s biggest indigenous oil of the companies and or has unlimited Oando Plc, made gas company, powers companies. But to make decisions. history for the wrong reason in September For instance, files when it announced from the data British prosecutors told 2013, up to $10,000 monthly. a loss of N184 revealed that on a court that Ibori confessed billion in the November Bastin some staffers 2014 after a financial year. of Oando Plc meeting of the 26, 2009, “significant” shares to owning Oil Inc’s was paid from Everglade were estate. on some of “board of account The loss was in Oando Plc. directors” They are not required According to crown bank in Beirut, with a private of shell Tinubu’s incorporation recorded by any the biggest ever companies, of one of his shell to pay taxes, submit companies. prosecutor, Lebanon.

Sasha Wass, Nigerian Keligh Engineerin financial details “It After the resignation While its shareholdecompany. Corp, Tinubu carry out audits or g while openinga Queen’s Counsel, Bastin is agreed that M. Patrick of one Kirk on their finances. was granted rs bore will be acting Thompson, who an account at the brunt of An email a bank, PKB, the bleak financial general power of attorney is believed to through a shell Swiss for certain of Mr as a director the original be Fonseca’s sent from Mossack year, the company’s as the called sole signatory company companies nominee J.A. Tinubu office in Seychelles Group Chief Stanhope of the Tinubu in Everglade director for Saria Rahme Executive, Wale and in this to The ‘board meeting’company. told the bank Investment, Ibori will be Tinubu, and managing all capacity December 14, 2007, Oil Inc., on Clamorgan Kali of Afrex and Mr he where this deputy, Omamofe his upcoming cent of Oando. owned 30 per administrat Boyo, might be decision was made was attended is not clear whether Daniel Boyo (it bearers requesting details of the doing just fine ive commercia by three nominee of the shares as Oando had denied he is a relative l and financial tasks, directors, – Yvette incorporated and they had for years Rogers of IBCs domiciled of a cluster that Ibori’s inclusive the of Omamofe Boyo), a London-base wealth was hidden (Chairman), operated relationship in Seychelles a cluster business developme of shell companies d revealed the in the company with the several Alexander (secretary), Jaqueline The company extensive involvemen nt banks with at the time circulated. the companies may offshore jurisdiction in notorious Nelson, Oando Trading consultant of Nigerians in have bank who are actually Verna de a statement offshore tax havens.t Limited, accounts with,” subsidiary of Tinubu seems s. of Mossack Fonseca. employees had 443 claiming that Ibori only The document the email read.

Oando Plc, sent a to be shares “For revealed making email on January this task M. Patrick an so good a return of the company’s that Nominee directors 11, 2008, to Thierry Sayyu Dantata, the Bastin will be compensate are appointees 6.8 billion ordinary shares. companies that from his shell used in d by a monthly instructing him to contact Everglade of Africa’s wealthiest half-brother offshore tax havens in 2008, he agreed The man, Aliko Oil agents in Seychelles to pay a front to hide that documents also revealed payment of US $10 000,00 Dangote, as much as $20,000 true owners of shell companies. apart from relying (ten new certificate thousand to draft a Appelby is linked to seven IBC monthly to – Rogers of manage Holding Ltd, Juno directors appointed on nominee the bank US $) to be paid to the company, incumbency for offshore transaction all of his nominee had also served as account he will Equities

by Mossack Fonseca indicate. Cunningha mentioning Terry Incorporated, MRS Holding director s.

“The account Details of the offshore Ltd, MRS Oil and Investment limited,in Stanhope shell to hide his ownership of Gas, companies in OIL INC No of EVERGLADE director. m as its new single assets of the Seychelles, two top bosses Ltd (60 per cent), Nisco Holding tax havens, 239783 with Audi Tinubu also at Oando Plc were one of the shell companies Saradar Private and Oval Refining hired a paid among the revelations Documents show used by the imprisoned Bank seal in Beirut that Seychelles S.A, Ovlas S.A (50 per cent). former Governor who acted on his behalf front Lebanon will be is particularly in the leaked massive contained of Delta Similarly, Adetokunbo responsible in some up of the offshore State, James Ibori, internal data a standing instruction to set destination an attractive offshore the Sijuwade, belonging to Panamanian companies. to steal the resources son of the late for those businessmefor several top Nigerian In a December of his oil-rich law firm, Ooni of Ife, Mossack Fonseca.

10, 2008, email payments to start on November state.

Okunade Sijuwade, As part of its n.

1 -2008. #PanamaPapers to Marie-Ange (an employee Several shell companies The revelations of Mandhari Water is the director series, it was revealed Mossack of are products “In addition, M. Investment owned and Fonseca how

by Nigerians of an Fonseca investigation, spanning Izwelethu Aluminium Inc. Patrick in helped Ibori, who Mossack Sebastien Clamorgan in Geneva), will be over a year entitled to a CorporateBastin incorporated tax havens were Steel Inc. by the Internationa is serving SA and in the small Indian l Consortium of a 13-year jail term in the revealed that of Clamorgan card from Investigative Journalists, Tinubu hired Everglade Oil Visa Ocean country, with United front, Kingdom for Tinubu’s deputy a Inc a Patrick money population expenses for of just , Boyo, was listed Bastin, to act on laundering, newspaper Süddeutsch German hide funds his month up to SS 10,000 per were under 90,000 people. They as director in three IBCse Zeitung treasury stolen from Delta State behalf in his offshore companies. to be justified Everglade and more than registered as after to M. through a web According to International Oil Inc, Meridian Procureme J A Tinubu.

Business Companies news organisation100 other global companies. of offshore International Services, nt was handsomely the email, Bastin s across the world.

“This Seychelles IBCs (IBC).

Documents Nigerians Abiose and QVS Ltd. In May role. He was paid rewarded for this terminatedagreement can be are among the most popular database linked from the huge the Oando 2007, Just like Ibori, at any moment Cole and Mojisole Eldred OganIBCs in the secretive monthly and givena salary of $10,000 M. JA. Tinubu to at least boss by world of Adeniran both Tinubu with 12 shell companies. a corporate own 50 services of Swiss also secured the card which offshore asset allowed him to visa notice,” the email one month incorporated jurisdictions. IBCs Qaisar. per cent share each in According to firm, Clamorgan management stated. spend in the Seychelles The documents are portal, Premium an online news him incorporate SA, to help Attempts to also showed that prohibited from doing businesses Times, Tinubu, reach Wale and Techventure within the country documents showed, Inc., Anglesey or owning real Boyo to respond to the allegations services of Mossack secured the Caine Trading Management SA, proved abortive.

Corp and Keligh him incorporate Fonseca to help Engineerin Seychelles, one the companies in appointingg in Seychelles while of the fastest growing Mossack Fonseca offshore jurisdictions Geneva as in the world registered agent and notorious and administrat tax or for the shell Virgin Islands haven, the British companies.

(BVI).

The documents On May 2, 2007, Sebastien Mossack Fonseca also reveal that Thierry of operation throughcoordinated the had acted Clamorgan S.A, who Geneva, the British its offices in of Ibori’s as signatory for one shell companies, Virgin Islands and Panama. wrote letter to Sonia Scampa of Mossacka The documents Fonseca, thanking show that Tinubu is a and assisting her for verifying director in following companies the companies, in registering the as well as granting incorporated in Seychelles Tinubu and the BVI: the power Sigma Technology “Following my of attorney. mail yesterday Inc.; and our Techventure Inc. conversation today, I Anglesey Managemen reiterated the confirmation t SA; Caine Trading Corp; sent Keligh Engineering yesterday morning Corp following companies taken the – Anglesey Hud Trading Manageme Corps; Meridian nt SA, Caine Procurement Internationa Trading Corp., l Services Thank KLeigh Engineering Corp.

Ltd; Lynx Shipping you Shipping Limited; Ltd; Equinox of attorney for making a power Inc.; Framlingha Everglade Oil for three for Mr. Wale Tinubu m Trading Limited Limited; Triton in French. companies,” he wrote Investigation revealed It remains unclear that Tinubu why Tinubu R-L: Minister of State, is either the sole director of most hired the same offshore consultants Association (BOBA), Ministry of Foreign Affairs, Hon. Khadija Bukar General Yakubu used by Ibori to run his offshore Gambo; President BOBA, Ibrahim; former Gowon (rtd); Deputy Head of Dr. Umar Executive federal

GIVING BACKTO ALMA

MATA

Boko Haram Attacks Soldie Troops successfull rs in y repell

governmentintervention Abdul Mutallab and Secretary (Services), State and Chairman Board Director, office ofTrustees, Universal electronic library atBarewaCollege of the Executive Secretary, Basic Education Commission Barewa Old Boys UBEC, Alhaji Aliyu ,Zaria...weekend (UBEC), Dr. Yakubu Kardi,at the inauguration of UBEC-

ed terrorists, says

Senator Iroegbu with agency reportin Abuja

Borno

army

struggled to hold The group allied it. to Islamic State (yesterday).”

Boko Haram fighters yesterday (is) had been fighting The troops had to carve out attacked Nigerian been trying pushed out by Nigerian troops, an Islamist to establish a aided by was sent to support border with Nigersoldiers near the for at least caliphate in the region in Damasak permanent base countries.soldiers from neighboring seven years in in the Jihadists’ the battalion, adding that normalcy North-east heartlands, as Boko Haram a conflict sophisticated which weapons beyond had been their the army two has displaced more than remains active in its hinterland, The group has has said. since stepped up restored. firepower. million people the source said. cross-border attacks and killed “The attack The militants According to No further informatio struck as the thousands. bombings against and suicide Reinforcem has been repelled. some sources troops were who spoke “Boko ent sent. n was markets, bus immediately on is cool and calm,” Everywhere were likely to THISDAY, there the border town their way to troops Haram terrorists attack made available stations and places of from of worship. of heavy Damasak, Meanwhile, a military source Usman, who washe added. a spokesman113 Battalion,” army largelythe remote area which both side, despite casualties on statement by said. is Usman , Colonel earlier disconnected from According said in a statement. Sani Usman, phone mobile repelled said the troops successfully on the number of casualties silent the military were ablethe fact that networks. either on the part of the army took the to Reuters, the to quickly an attack by the He added that: area terrorists. military or Boko reinforce and take control Boko back He Haram “The troops from have Haram, later confirmed noted that the Boko Haram of the situation. been swathe of land controlled a response last year but that the has since (the) battling the insurgents of the troops timely troops did not in North-east “The men came Nigeria involved during suffer early hours of with some today at the around the size of Belgium air cover as more reinforcem the fierce battle.any loss kind of new weapons start of last year was deployed ent However, military never seen before we have but was Usman also said insiders and there reinforcement disclosed that the terrorists were likely casualties took them by but surprise with cannot confirm for now,”we source said. a

Some major political and judicial events happened in South Africa recentlyythatstrengthenedthefa that strengthened the faith recent th of theirrccitizens critical ofthe t zens inncr t ca institutions nst tut ons of government which Nigeria should learn from. First, against all attempts by President Jacob Zuma to influence the outcome of a Zumato nf uencetheoutcomeofa corruption case against him...

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ED TOR AL

M

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POLITICS Senate’s Highway to Chaos

16

obviously because one of its own is POLITICS standing trial before it, the Senate Senate’s Hig hway to Chao has moved to amend two critical s laws in the country – Code of O Conduct Bureau (CCB) and Code of ConductTribunal (CCT) Act and the Administration of Criminal Justice Act (ACJA), 2015.While the CCB/ CCTwas last amended in 2004...

Page 16 T H I S D AY

EXECUT

IVE BRI EFIN

• TUESDAY,

APRIL 19, 2016

Group Politic s Editor Olawa le Olaleye Email wale.o laleye@thisda ylive.com 0811675981 9 SMS ONLY

G

A recent attem pt by the Sena its president, Buko te to amend charges, is curio la Saraki, is being tried two crucial laws of the land, unde us and would especially now breed nothing r the same set of laws for that bviously because but chaos. Dav corru is standing trial one of its own idson Iriekpen ption related Senate has moved before it, the to amend two writes critical laws in the country Code –

of Conduct Bureau (CCB) (CCT) Act and and Code of Conduct Tribunal the Administr Justice Act (ACJA), ation of Criminal was last amended 2015. While the CCB/CCT in 2004, the ACJA last year and was enacted signed Jonathan administr into law by the Goodluck ation.

The President of the Senate, is currently standing Dr. Bukola Saraki, trial at the CCT, 13-count charge following a false and anti leveled against him over alleged

FEATURES When a Bundle of Joy Became

a Burden The intrigues of life have remained a puzzle that even the wisest men and women are yet to solve. And neither has the ever-advancement in science and technology, nor religion with its spirituality to decipher the pattern and the direction the wind patternandthed rect onthew nd of life will always go.

Page 20

FEATURES Wh n Bu nd o oy B

m

Bu d n

T

BUSINESS Gas Supply: NNPC, Total Invest $5.7bn on OML 58 Upgrade Projects Total Exploration and Produc- tion (E &P) and the Nigerian National Petroleum Corpora- tion (NNPC) are investing $5.7 billion to upgrade the Oil Mining Lease (OML) 58 production facilities in order to boost domestic power supply in the country ... Page 23

T H I S D AY

• TUESDAY , APRIL 19, 2016

BUSINESSW

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Quick Takes

NIPCO’s Storag

A NEW PROD UCT

L-R: Executive Captain Dayo Director (Technical), Ledex Ogunleye, and Company, France,Mr. of E40 intelligent Executive Director Paul Kerkhofs, and ping pong (Finance), Selective Managing Director/C light bulb in Lagos...rec Security Limited, EO, Cited Developm ently.

Mrs. Toyin Obilana ent Limited,

during the public presentation Gas Supply: NNPC, Total Invest $5.7bn Upgrade Proje on OML 58 cts

Managing Director e Capacity Hits 84m Litres of NIPCO Plc, katapathy has Mr. investment said that the company Venkataraman Venhas in storage capacitythe hydrocarbon industry made a significant by expanding efforts at meetingto 84 million litres to its boost the the needs of Speaking on stakeholders company’s the at all times.

General Meeting sidelines of the company’ [AGM] held the new investmen in Abuja, the s 12th Annual tanks for storage t led to the constructiNIPCO boss said on of additional of white products According to . million litres him, the new storage facility can of petroleum drive the company store 34 products, to further consolidaa feat that would leadership role te the company’ The MD affirmedin the downstream. s that going into at this time construction is of new projects resilience of a vindication of the company’ the Nigerian s belief though this economy, is a very challengin stressing that in the history, the even g period in company is the nation’s still He told the exited shareholdupbeat of better days storage, the ahead. ers that with company’s products has storage capacity the additional now for petroleum 50 million litres, increased to 84 million from the erstwhile thereby enhancing deliveries of her capacity bigger vessels no stress on to take laden with huge where to discharge products with .

Eunisell Gets

2016 TRACE Specialty fluids Certifi management again been rewarded company, Eunisell cation for its Limited international best practice standards and complianc has for anti-bribe with an internation e with ry complianc Ejiofor Alike al certificatio With this developm e by TRACE International. n ent, Eunisell one of the few has retained Total Exploratio ENERG Y its status as its internatio companies in Nigeria to project team, n and Producnal counterpa be recognised tion (E &P) adding that TRACE, an and the Nigerian with Nigerian the discovery international rts and partners in this among National Petroleum of a network Gas Company body in a anti-bribery projects, which of a subsidiary clearance certificate (NGC), compliance regard.

Corporaconstitute the underground pipes, the tion (NNPC) solutions Alexandra OML 58 upgrade of teams the had signed by are Nigerian Wrage, revealed a major obstacle investing National Petroleum $5.7 billion its president, includea comprehe Ogbogu Flow to investo upgrade Corporation nsive backgroun that Eunisell had completed (NNPC).

Station (OFS); tigate the entire undergrou Oil Mining the Field have complied d review and Lease (OML) Logistics of flow station nd The 24-inch was certified production 58 Obite Treatment Base (FLB); and finalise in accordanc with all standards and facilities in to NOPL designs. the measures e with internatio is a $900 million Centre (OTC); order Obite, to boost domestic world-wide, While commentin project, which nal best Speaking on ply in the countrypower sup- pipelineUbeta, Rumuji (OUR) Officer, Eunisell g on this development,practices. the NOPL, will also supply feedstock the Chief Executive to federal governme and meet Option and the Northern Terraz said the 300 million Alaoji Power Plant, company had Chemicals, Mr Ken standard cubic Pipeline Indorama nt’s gas flare Amadi noted and a fertiliser out policy. feet per with internationot failed in any way that the Terraz said the (NOPL). plant, to meet and nal standards OML 58 up- of gas capacity NOPL, day impact industries as well as Total is the began operations comply grade projects which environs and best in Aba and were essentially would deliver 100mmscf NNPC/Total operator of the designed manufacturing in fluid solutions for practices since it /d the NGC. via gas delivery by the oil and industry almost handling the joint venture for both to boost gas supply of gas to Alaoji Power “We are not gas and Plant, OML 58 upgrade two decades is a pipeline industrial new to business Terraz said projects. ago. network the world, although use, and increase and domestic transverse the in Nigeria s 76 communitthat was a demonstra investment deliveries to there are peculiariti and other parts of The Managing our standards the Nigerian from tion ies Director of Liquefied Rumuji and es company’ his in policies are Total E & P, of Gas (NLNG) in Rivers State Natural s support said, adding never compromieach market, Mr. for the that Eunisell in Bonny Island. to the treatment plant federal governme told journalists Nicolas Terraz consecutively had been certified sed.” Amadi in Owaza area of Imo River nt’s aspiraduring a recent since 2011. tion on facility tour for five years The Total of According to in Abia State. improvemgas utilisation and $5.5 billion the projects that the upgradeboss revealed that him, the ent in power Kuwait Lowers had already supply. of the 50-year takes gas from the NOPL According to been old spent.

Crude Oil Output 42-inch him, the project, Ogbogu Flow 45km OUR pipeline at Rumuji which will be completed Kuwait reduced treatment plant Station oil through in July Obigbo to treatment this year, also to increase According on Sunday as its crude oil output and demonstrates plant to him, the production and improve safety, of 50 at Owaza through a total Total’s commitment member deal part of an emergency planrefining production was a major to and kilometres, where challenge for with the largest compliance to help the OPEC in years. with the Nigerian the feeds petroleum workers’ into the facility the gas Thousands strike of the of Continued protest againstKuwaiti oil and gas workers on page 24 30 a governme are striking reforms, although nt plan for to public non-Kuwa sector not on strike.

Unions have iti workers in the industry pay will last. not said how are long the walkout Crusoe Osagie Kuwait Oil Company (KOC) spokesma in a posting AGROB USINE on n Saad Al-Azmi More than had cut crude KOC’s Twitter account said 200 SS chains relating to T H Ithat S D the AY company development research and Programm • TUESDAY rice sufficiency, from its normaloutput to 1.1 million , APRIL 19, barrels or strengtheni production experts, last partners and extreme e is to eliminate cassava intensification, 2016 State refiner ng the ecosystems level of about per day (bpd) Saheweek, met at lian poverty, end Kuwait 3 million bpd.

International the and malnutritio hunger as food security, savannas that underpin agriculture has also reduced National Petroleum Institute of Tropical breadbaskets, . The workshop Company (KNPC) production, Agriculture 930,000 before sufficiency, and n, achieve food tree was organised restoring (IITA), plantations,

by IITA in the stoppage to some 520,000 bpd turn Africa into unveil an initiative Ibadan to a net state-own expanding partnershi from food ed news agency started on Sunday, p with the Support transform agricultur that will set Africa exporter as well as horticulture, increasing Kuwait’s KUNA reported. to Agricultur wheat production in line with e on the continent and global farming. , and expanded fish Research for Developm al ensure that Africa commodity and agricultur of Strategic ent is able to feed Crops (SARD-SC al itself through value chains. It also The Forum project for the agriculture. for Agricultur plans to adopt African Develop-) Discussion al ment Bank, three-day workshop s at the mercial modernised, com- Research in Africa (FARA) which and agriculture as were on to this mega initiative.is funding “Even though a new initiative the key and the CGIAR Consortiu transform m 12 of its 15 The identificat “Africa Feeding known as the livelihooding Africa and very challeng this is a international ion and Africa” or s of its people, agricultural centres preparation the Technolog particular active workshop in the nation’sing period is a Agricultural ies for African To carry ly the rural poor. Africa support this initiative in preliminary step to establishthe Bank and Transformation we are still history, by ing and out these objectives (TAAT) programm operationalising the African Developm , to revitalise the co-sponsors programm of e. better days upbeat the According to ent Bank and transform . The (AfDB), ahead” response to the workshop is a the major goal the organisers, other working with IITA and agriculture through the Action Plan TAAT partners, programm of the TAAT Managing Directo eight priority has identified possible e within the shortest Agricultural Transformationfor r, NIPCO agricultural value Africa resulting time in Plc, from the AfDBdegraded land while restoring and maintainin Mr. Venkataraman g

PROPERTY Lagos’ 4th Mainland Bridge to Boost Ikorodu,

New Initiative to Transform Launched Agriculture in Africa

Ajah Property Markets, Say Experts The Fourth Mainland Bridge will run from Ajah to Ikorodu to Isawo and berth at Ojodu, Ikeja back to the Ibadan expressway.

Page 30

PROPERTY & ENVIRONM

ENT Lagos’ 4th Ma Property Ma inland Bridge to Boost rkets, Say Exp Ikorodu, Aja The resolve erts h by the Lago s State Bridg

Governme e to link Expressway, Ikorodu, an ancient town nt to construct the much is -talke be linked direc beginning to stir the prop to Ajah, an emerging settle d about 4th Mainland erty mark tly, writes Benn ment Ikoropathy 24 inVenkata ett Oghifo Continued on pageets du and Ajah on the Lagos-Epe axis that are going to

Mainland bridge,

T

Lagos

he Fourth Mainland Bridge will run from Ajah Property value… to Ikorodu and berth to Isawo at Ojodu, According

Ikeja back the Ibadan to a Director to foremost expresswa road-link expansion Mortgage Bank, in Union Homes, y.

The state Bridge, a government .

“With the 4th “The water would 500% land value will Mainland fronts of Ikorodu Understan formally sign a Memoran appreciate opportunity of the present ding (MoU), opportunities by about offer for construction with investors dum of witnessed land value.

“As things hospitality and recreation a new tax revenues for local businesses in the green This for the where stand, Ikorodu , and Bridge before of the proposed 4th business for areas of Ikoroduwill be practical good and intentiona The bridge’s local governments. generate town caveat city and now is the is set to be the new to Governor the end of next month, Mainland State Governme construction l planning portunitie time to Akinwun is the according will

by Lagos nt can create Once the agreemen mi Ambode.

Scheme 1.” of vicious challenges caused by invest. The communi s for local businesse expand opa replica of the activities ties, and s in adjacent Lekki governme and illegal land t is signed, begin on the He said Ikorodu additional There will work would grabbers which bridge, which nt local would go is centrally also be an regional retail the developm according are to reap must deal with ruthlessly a located to increase in revenue. to him, and inter the benefits drive be of Lagos Eastlong way to boost if they ditional ent adjacent to real estate states transporta of this city recreated. the economy business in a massive Senatorial the bridge, local revenue; poised to Another advice tion ment “Many investors District. would an increase way, adding and adexisting properties and higher is for for the governhave shown actualisatio values able and decent in the developm that there modernisi them to be at the adjacent to interest in n additional forefront now ent of affordng this ancient the bridge, for the local revenue.

Bridge, whichof our dream for the The proposed housing for the middle in and As city.”

4th in According By Mainland TUESDAY all the grace cases, bridge class. an MoU and to the former APRIL 19,modern Faculty, Nigerian living in Ikorodu,would boost and redefine generate a rangesuch a new bridge would commence of God, we will 2016 ˾ T Chairman, sign an H I S D AY “as the location action before of economic have Housing Institution uncommo surrounding May 29.” of Estate provides neighborhoods. benefits for the and Valuers, Chief transporta n advantage of a developing and boost definitely increase Kola Akomoled Surveyors tion sector It will create property values, water developm and a recently e, “It will jobs Many stimulate additional improved more people property values on Ikorodu. ent, will live spending by increase tourism, in Lagos. This drive tourists and will lead to in Ikorodu and work local residents, leisure properties expand demand in Ikorodu and increased demand for it’s environs. will lead to higher values Increased and rent.”

INTERNATIONAL US Slams Turkey on Human Rights, Press Freedom The United States has slammed Turkey on human rights and press freedom, accusing it of restricting civil rights and arrogantly violating basic human rights in a long annual human rights report released recently. Page 39

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s Nigeria’s economy passes through a very challeng- sures, shifting client ing period, the thought to deliver creative demands and expectation of players real estate s, would in the nation’s are valuable to solutions have a faculty real estate consumer that in marketing their business sector is how of seasoned objectives of s and yet achieve to Some specially ensure sustainabl The mid-year Some of the , branding and legal experts Qualifyin sustainabl selected Zacheaus e business. the programm g your Clients; Training/Conferene profit.” ‘Understan very useful theme, ‘Intelligen e highlights matters. Funding Somorin tips on how experts will Investigat provide d the Core ce with and Pricing can cope in include: real estate t Real Estate for Developm Strategies for e Creative through profits; this environme developers Marketing Strategic Marketing Principles and Process ents,’ security organised Sustainable is targeted real estate force raids ’; ‘Learn about TheatUnited of in Real Explore Effective Digital Real Estate a training

by Fine and nt at developer media on investors, States being Marketing’: Estate; Understan companies has slammed (W.A) in collaborat The Country Marketing s, report estate profession brokers, ; confiscatio ‘A Marketing Intelligent Documen of Global Turkey on Internatio added thatLocal andn all leeway d the Role of publication human rights Case Study nal case-stud ion with the als. It with “wideRealment tation Real Estate real a focus and of Legal provide press objectionab Estate and Customer in Real Estate Institute of and Excellence freedom, officials, allegedlyin-depth granted ies, practicals will to onprosecutor Projects accusing Premiums Residentia a move Marketing (IREE). and judges According it of restricting Positionin with interpreted Engagement; approach and Mixed as an attempt importan civil rights and g, Pricingle material; criminal to contributed ruled l, Commerc investigatio and Learn Use Developm ce on uncertain, to Fine and Country, by theial of April arrogantly violating Estate Developm politicallyPractical Structurin Profitability Product to branch nsand executive 26 thatgdetainees of journalists “In a volatile, and competitiv basic human Contracts ents’; motivated Model and Negotiatithe to intimidate should ‘Develop editors for ents. for be real estate Real and investigae real estate rights in Profitabil released,ity.

This training/c members a alleged terrorism and for tions developer What sells for Deciding the judiciary, Fine chief the Istanbul at thengcountry’s Justice Academy market, a long of annual What court and Country onference s must changing market to report verdicts in links were and Participan or for insulting human “ the build and public prosecutor an emerging before being engage that rights successful is a premium added. marketing Refined rapidly the follows report and the highly not consistent ts will conditions According released assigned to their market?’ president stated advisory the recently. , competitiv with thealso‘peace Novemberother Investor first official posts ing a Winning Series which law or with estate Learn about to the report, court’s developer higherreal senior governmen The in e presbrand decision last report berates the country’s held rulings year.

Project in Nigeria nullsand wasto leading courts’ ‘CreatThe officials; reprisals a system for in similar Experienc t cases. Authorities after appointme by the HSYK; created legal void because garnered and globally, knowledg Positioninconfusion e’;due security environmen “challenging full-day against another and nt, they peace the businesssession, Profitability; applied the e and experience has g DevelopmDevelop court had organiser years and lodged to unclear interests of the hierarchy simultaneo together, sharedoften understan Learn said anti-terror on party officials, t”and attacks some owners of s broad for developer ruled effective lawsgextensively Identifyin and ents the ds the need usly over for the continuatio authority. media conglomera with little saying in many office space, worked the Your Idealcourts instrategies s to for realsame “The create instances, it“hindered transparen n for of estate tes; detention. their massive Target Market fines; rest December 2014,profitability and internet cy to ar- example,” in the The defendants impact same courtroom opposition blocking. in an and Nigeria’s. for indicted ability to campaign contestants’ high emerging were and for many years, it said,“ordered It said a number and market such members and political party arrest even the the case on September 17, of media outexpressed concern freely”, and lets affiliated individuals accused of Samanyolu and over as switched positions continued

of association Broadcasttheir careers. with the Fethullah at year’s end.” ing Company restrictions during that media Gulen The report suggested CEO, Hidayet “Prosecutors the Fethullah with the PKK or Karaca period“reduced the campaign from movement were dropped that the entered Gulen movement and country’s system Authorities continued . the media other members of and for educating rooms through doors courtplurality of viewsvoters’access to a (cable digital media platforms as well as 33 reserved assigning judges to make officers for judicial providers) and and information arbitrary arrests, police officials and during the election five outlets and next sat for lengthy and hold detainees Fethullahwith alleged ties to prosecutors created to judges throughou process on were taken under the control November 1, indefinite periods, governmen Gulen, a Muslim connections between close court proceedin of and conduct t cleric accused formation of which led to the Representa t-appointed trustees. extended trials’’. them; rights gs. Human observers (including of operating a “The governmen tives of Gulenist and bar association the EuroNovember 24 government on some t also indicted clandestine network within a pean Commissio and six judges liberal media

by Prime Minister n) claimed this noted that defense attorneyss executive and the Ahmet Davutoglu, outlets were and prosecutor denied judicial branches led, at least, to the appearanc generally underwen involved in investigatin s with a goal it was considered even though and in access to official events of impropriet e t of overthrow g alleged some cases, denied corruption of a generally free ing in criminal y and unfairness rigorous training than less election. high-level govern- the government.” press accreditation.” their prosecutorial cases.

“After a higher-leve counterpar The report It revealed that l court tors pointed out that“prosecu- were not required to ts and multiple provisions and judges studied pass an examinatio in the law created the opportunit together minimum n to demonstrate y level of expertise.” a for the government to of expression, restrict freedom the press, and internet. the The report said: pressure on the “Government media continued.

As of November authorities had arrested an estimated journalists, most 30 anti-terror laws charged under association with or for alleged nization. The an illegal orgagovernment exerted pressure also on the media Erdogan

Ecuador’s Qua ke Toll Rises to 350

Ecuador’s earthquake to 350 yesterday death toll rose and bandaged cuts, survivors rested as traumatised with while those more their homes andamid the rubble of evacuated serious injuries were to hospitals. survivors in the rescuers dug for The disaster is dreadful shattered coastalAndean nation’s for Ecuador’s economy, news than 2,000 were region. More forecast already A firefighte for near-zero also injured in Saturday’s 7.8 year due to plunging growth this Weekend r walks past a collapsed magnitude quake, which ripped oil income. building after The energy apart an earthquak industry roads and knocked buildings and largely e struck off intact although appeared out power along the Pacific the Pacific coastline. refinery of Esmeraldas the main coast, in Guayaqui Giving the new was closed l, Ecuador… as a precaution.

However, exports from Portoviejo tally of fatalities of bananas, The death toll flowers, cocoa disaster zone, town inside the and from a raid carried beans out fish could be slowed President Rafael Correa told Reuters by ruined in by South Sudanese gunmen risen to“208 dead and western Ethiopia 75 people he feared the roads and port delays. wounded” number would Michael Henderson 208 people and has risen to governmentfrom 140 a day earlier, the border in pursuit “Reconstruction rise even further. risk of the rebel , analyst at kidnapped the assailants spokesman Getachew attackers. consultancy Maplecroft, forces Reda told of dollars,” he will cost billions Ecuador 108 Cross-border governme who fought the added. was less well equippedsaid Ethiopian official children, an assailants Reuters, adding the The normally occurred in cattle raids have war that nt in Juba in a civil said had recover on to The attack Sunday. 108 also than Chile where ended with a took place president looked upbeat socialist earthquake children and abducted the past, oftenthe same area in signed a 2010 in the peace deal taken 2,000 caused an estimated Horn of Africa on Friday head of livestock. he chatted with deeply moved as $30 tribesmen frominvolving Murle officialslast year. South Sudanese billion in damage. victims during The were not immediate South Sudan’s “Ethiopian Defence tour of the shattered a Chile’s economy “Whereas which, nation’s Gambela region Jonglei and Upper available ly town in the for comment. alongside a neighbourin are taking measures. Forces - areas Nile was rebounding South American strongly awash with regions Under pressure g closing They are weapons bouring which was already OPEC nation, crisis from the global financial province, hosts more than from 284,000 said. in on the attackers,” he that share borders with when its own South Sudanese states, the Unitedneighthe global slump sufferingTfrom Ethiopia. the earthquake H I S Dstruck, States, AY • Ecuador fled conflict in refugees who furtherGetachew did not give Previous attacks, however, United Nations TUESDAY has been Further north, in crude oil prices. sharply were powers, smaller in scale. details, but slowing and APRIL in Sunday afternoon,their country. By in Gambela 19, 2016 officials South Sudan’s other of Pedernales, the beach locality depress recently as lower oil prices the number had The feuding said survivors curled activity,” he Ethiopian troops on Saturday to havegunmen are not believed sides signed an initial on mattresses “But total damagesaid. peace deal in August or plastic chairs up links with South had crossed to flattened homes. next and agreed to to assets in danese governme SuSoldiers and dollar terms may be quite a nt troops or share out ministerial positions police patrolled bit lower than in Chile in January. the due to the smaller overnight while hot, dark streets magnitude pockets France, of the Italy of earthquake and rescue the workers plowed and fact that Ecuador their European Spain have urged Ayrault, on.

45 partners to move At one point, firefighters is a much after a weekend poorer Group Sports the Tripoli. visit to and entered also country.”The quake could EU’s Mediterranean naval a partially destroyed “We must do Editor Duro is wary of being mission to play into political into Libyan waters, all we can house to fight seen search for three Ikhazuagbe against the human dynamics foreign-imp as a out how if requested Email ahead smug- legitimacy. osed body with no duro.ik the EU naval man apparently children and a election.of next year’s presidential new government in Tripoli, by a glers and arms trafficking,” hazuag mission should start to stop reporters, be@th a new tide of migrants trapped inside, “new phases isdaylive.com as a crowd referring to the he told Europe’s failed and uphold The governmen of 40 gathered United efforts to help tasks, including the trainingand Nations arms the darkness t’s response a U.N. arms embargo. embargo on Libya, its neighbours since the Libyan coastguard to watch. “My in seemed relatively speedy, of An in place since 2003 cousins are inside. little created what with Vice one expanded naval mission .”Asked if 2011. some officials has the naval mission is Before, there President Jorge Glas - a part of the EU’s More than were noises, should operdescribed have potential support candidate in screams. the February plan for Libya, emerging discuss the plans50 ministers will the EU’s as “a ring of fire” on ate in Libyan waters, Spanish find them,” pleaded We must vote 2017 which Foreign Minister that also include borders, the firemen combed Isaac, 18, as within flying into the disaster zone foreign and defence ministers EU sending security personnel Jose Manuel teeming towards with refugees Garcia-Ma discuss hours and Correa will the debris.

Tents sprang coming and over dinner in Luxembourg Libyan police and border to train Union. Reports the European very urgent.”rgallo said: “Yes, it is up in the town’s straight back from a , and that could could see Europe of another mass guards drowning still-intact stadium trip in Italy.

Olawale mark But some survivors return to The EU’s “Sophia” of migrants over Europe’s most the country with Ajimotok treat the injured, to store bodies, complained an in 100 million euros significant intervention weekend in Abuja about the Mediterran the operating in internationmission is Director,inKashimaw aid. in North off Africa in decades. water, food, and and distribute and lack of electricity and supplies, ean, Egypt’s coast, al o Laloko a aid had still not “It is indispensab demonstrated near Libya and has savedwaters wandered aroundblankets. Survivors reachedand number Europe that people Nigeria coaches is eager to support le someformer areas. With some 8,000 lives since days.

Libya’s first-ever with bruisedThe Adegboye Laloko Director stability, the to ensure newofunity the operating smugglers were still also spoke limbs ‘A’Ecuadorean it Onigbind leaders Licence s jittery Libyans aboutCAF security Coaching to tackle Islamic of possible ‘Fitness of Stateon Sports freely and flows could mid-2015, but it is started in looting, armedJames Peters Programm and alsoeitsand Success for the Federal increase asMedicine too far out borders,” in Testing to destroy men French among in militants and stop history of Nigeria e in the Football’ said though resource Ministrythe the Foreign Minister boats used by and Fitness and migrants, ‘Typical ofweather persons. the new government Youth improves. and Sports,Italian Foreign Training Testing people Jean-Marc Abuja yesterday started in smugglers, catch Session.’

Dr. Abdulkad “We are very MinisterEnvironm is still Gentiloni ental Problems traffickersThe program Today trying to establish Paolo head Muazu and Wednesda ir happy that by the Nigeria, organised this or me is a circulated .’ off an expected will speak Tripoli ideas 240-hour programme y, itself ‘Soccer Simplified the in‘Injuries Mba listMr. of Linus course, will surge in to ministers,on a on migrants Federation (NFF). Football taking is finally ‘The tryingspeak second phase with the Laws continue, and ’ series will Recoveryand Rehabilitation,which to reach Europe place. Previousl and the Coach; Before now, the set by sea on Thursday y, the mid-seas billed for , Condition and Regeneration, of Laws andfrom a number we had been doing theLibya. on period of CAF ‘B’ Spirit the ing for Pros, CAF and ‘C’ Licence ‘B’ and ‘C’ courses.

Drug New Game: Analysis of the Nigeria Professio of courses have License programm The ‘A’ Proposals.’

Football nal League next country overbeen held in the that e means month. we the two-week the years. But am also are stepping up. I started at the programme that response happy about the of our coaches Centre, Abuja FIFA Technical this to programme,” ‘A’ course in is the first CAF said in Amodu the country.

Abuja yesterday National .

Assistant Director, Shaibu Technical (Technica Director l), Rafiu Amodu, coordinating Yusuf, the programmis disclosed that over alongside assistant 40 persons e registered for the two-week technical course, directors Rafiu Yusuf which and Siji April will end on Lagunju (both 30. internationals), ex-Nigerian Yesterday NFF General with former introduce , Amodu Bolaji Ojo-Oba Secretaries content d the course to the participan and Tijjani Yusuf, FIFA while ts, Mba, former Advisor Linus began Onigbinde and Laloko NFF Technical the series Simplified’ which on ‘Soccer will last for

UNBELIEVABLE

Ethiopia: Dea th Toll

TUESDAYSPO

France, Italy, Spain

Holds in Abuja The first-ever CAFA ‘ ’ Licence Coaching Programme in the history of Nigeria started in Abuja yesterday, organised by the Nigeria Football Federation (NFF).

Page 45

from Raid

Rises to 208

CAF’s ‘A’ Lice RTS Course Hol nce Coaching ds in Abuja

Call for Broad er EU Naval Missi on in Libya

Akwa United to Macaibi Hai Deal Yet on fa: No Ubong

Nigeria Profession League (NPFL) al Football release announced. side, Akwa United FC The announced of Uyo, has spokesma Akwa United striker, Ubongthat Under- 23 a rude n said that it was Ekpai, remains shock to later a bona fide player learn that despite speculatio of the team deal Ubong has signed a with the Israeli player may have ns that the club.

“Is clubside, Macaibijoined Israeli transferthat how a player’s is done?

Haifa.

According to a press we entered into Have Shooting Stars’ statement Muyiwa any 12 clash agreement? by Has a in Ibadan last Lawal (left) and Zoumana Officer of the the Media been Sunday formalised, contract Doumbia of club, Uwem Ekoh, at no have they Heartland battling paid? time did Akwa This is for ball possessio United negotiate say the least. ridiculous, to n during their or the release the signing “As a club we Photo courtesy Match Day of the player to Macaibi Haifa, will never LMC Media stay in The first university the way of a not talk of the payment player graduate who He was referring and so on. of transfer fees in lifedecides to move on play for the senior national to team of Nigeria, to the case by seeking The statement pastures elsewhere greener has advised Dr. John Oganwu, by Chris Giwa and group against Sports, Solomon Dalung, undue pressure said that after owe aggrieved members the election of with the agitators but we it the Pinnick the principles of association executive committee be brought Haifa and the from Macaibi them to our youth to advice of the Nigeria football football. If he family to sheathe their properly as were acquainted to speed with the dictates up player, Akwa Oganwu earned .

United’s Chairman, with the FIFA the lure interest sword in the of the dollar FIFA and trends of a Bachelor Paul rules Science degree can sometime of the nation, of regulation Bassey only consented and wait in Geograph s, he would and football administrain modern to Ubong be deceptive,” the statements to contest elections simply visiting Israel in September from the University of Ibadany have dismissed the from the club’s “The responsibition. in 1971 before case from spokesman 2018, when the tenure for himself to “see things observed. the first time lity rests with those turning of before Amaju the it out was deciding the of us who Pinnick –led for to his notice. brought familiar then Green Eagles on whether are board of Meanwhile, he wants to the Nigeria Football with in 1972.

Akwa He was in the in Israel or play has “As a member Federation to advise Giwathe FIFA rules not.” taken exception United (NFF) would of FIFA, for the football Nigeria team are bound and “This came be to the unprofess event of the 2nd by the FIFA we to wait for the next his group Speaking at over.

All-Africa personally advised after we Ubong’s ional behaviour of rules Oganwu was the weekend, leave the Games but had to and regulations, as captured after the four-year elections, agent and insists Ubong to have patience in of tenure of that as a key it has no deal with the that “since the highest the view that work fewcamp for his graduate don’tthe FIFA Statutes. You Amaju Pinnick and member of his board. court in sports, Israeli the months before club on Ubong take football Football unites Samson Siasia’s Court competitio the Ekpai. matters national Under the of to ordinary courts.

Arbitration for “If they Sports, country, n. more than the -23 squad to want him, they should It is there, “I dare entertainment the Rio Olympics clearly spelt come to with has dealt conclusive purpose it out,” ly resurrectio say that the ex in August, us and negotiate the player’s this matter, he is most international. stressed the will lead serves. Anything that release. of it, any other and dismissed unwholes n to exclusion this better offers likely to attract Oganwu, who of our country from especially from deliberation on discussion or do with ome matter has to the internation got his European clubs,” doctorate degree it is ill-advised. the non-famil al ” of the present in Urban and football community iarity quoted as saying.Bassey was be Minister of Regional Planning at Cornell discouraged, should It is even on University, USA, even advised that vehemently chairman told record that the opposed,” concludes Oganwu. that the timing Ubong’s agent wrong as Akwaof the visit was the fore front United is in Group returning to of the quest of Bank B leaders, First the league, Africa through Lagos Basketba ll Club of Final Eight a done but was assured deal. in this yesterday In that though second phase.

Taraba Hurrican walloped other some of the Howeve r, games played, will miss the the star striker in play in the one of the es 104-17 Immigra final round who are yet First Bank the league, that he will Lobi Stars match of tion matches of defeated also to the second return in time lose a game drawn support since the the Enyimba phase of Oluyole Babes 38-36 up in Lagos.which comes team. to the first phase clash in Uyo for the Zenith Bank a low scoring in week 13. in Basketba Women could The FIBA game that Abuja, were at their in First Bank’s Zone Three ll best “Should we Asaba, Delta League in way. have gone either yesterday dominating their champions are benefittin Ahmedu whilecoach Peter decide to opponent througho State.

Ubong go to assessing from g Also Israel or any let Both ut the two arriving in Asaba his team’s performa games. other defendin club for that yesterda y, teams nce weeks to date attribute were matter, you The Elephant bet that it will can Dolphin g champio ns, lethargic and struggle jump-ball and before the good d their to see run to hardwork d have dished of the current leagueonly be after defeateds Lagos while the game through, (First Bank) showed Girls out many eye-catch put in by the coaching season,” the better performa AHIP 77-54 understanding FCT Angels crew make their nces, which ing and the players. passage to to Nasarawa Amazons beat and took apart of the game left the fans askinghave the to record He added 38-28 ladie the hapless t a

‘Giwa’s Gro up Should Wai t Till

Zenith Bank WBL: Hurricane Dolph s ins, Immigration

win

Fail to Hold

2018’

down Elephant s

TUESDAY APRIL 19, 2016 • T H I S D AY

9

NEWS

News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081

#PanamaPapers: How Tinubu Operated 12 Shell Companies in Tax Havens

Last October, Nigeria’s biggest indigenous oil and gas company, Oando Plc, made history for the wrong reason when it announced a loss of N184 billion in the 2014 financial year.

The loss was the biggest ever recorded by any Nigerian company.

While its shareholders bore the brunt of the bleak financial year, the company’s Group Chief Executive, Wale Tinubu, and his deputy, Omamofe Boyo, might be doing just fine as they had for years incorporated and operated a cluster of shell companies in notorious offshore jurisdictions.

Tinubu seems to be making so good a return from his shell companies that in 2008, he agreed to pay a front as much as $20,000 monthly to manage all of his offshore transactions.

Details of the offshore assets of the two top bosses at Oando Plc were among the revelations contained in the leaked massive internal data belonging to Panamanian law firm, Mossack Fonseca.

The revelations are products of an investigation, spanning over a year by the International Consortium of Investigative Journalists, German newspaper Süddeutsche Zeitung and more than 100 other global news organisations across the world.

Documents from the huge database linked Tinubu to at least 12 shell companies.

According to an online news portal, Premium Times, Tinubu, documents showed, secured the services of Mossack Fonseca to help him incorporate the companies in Seychelles, one of the fastest growing offshore jurisdictions in the world and notorious tax haven, the British Virgin Islands (BVI).

The documents also reveal that Mossack Fonseca coordinated the operation through its offices in Geneva, the British Virgin Islands and Panama.

The documents show that Tinubu is a director in the following companies incorporated in Seychelles and the BVI: Sigma Technology Inc.; Techventure Inc. Anglesey Management SA; Caine Trading Corp; Keligh Engineering Corp Hud Trading Corps; Meridian Procurement International Services Ltd; Lynx Shipping Ltd; Equinox Shipping Limited; Everglade Oil Inc.; Framlingham Limited; Triton Trading Limited Investigation revealed that Tinubu is either the sole director of most

of the companies or has unlimited powers to make decisions.

For instance, files from the data revealed that on November 26, 2009, after a meeting of the “board of directors” of one of his shell companies, Keligh Engineering Corp, Tinubu was granted a general power of attorney as the sole signatory of the company.

The ‘board meeting’ where this decision was made was attended by three nominee directors, – Yvette Rogers (Chairman), Jaqueline Alexander (secretary), Verna de Nelson, who are actually employees of Mossack Fonseca.

Nominee directors are appointees used in offshore tax havens to hide true owners of shell companies.

Rogers had also served as nominee director in Stanhope Investment limited, Seychelles, one of the shell companies used by the imprisoned former Governor of Delta State, James Ibori, to steal the resources of his oil-rich state.

As part of its #PanamaPapers series, it was revealed how Mossack Fonseca helped Ibori, who is serving a 13-year jail term in the United Kingdom for money laundering, hide funds stolen from Delta State treasury through a web of offshore companies.

In May 2007, Just like Ibori, the Oando boss also secured the services of Swiss asset management firm, Clamorgan SA, to help him incorporate Techventure Inc., Anglesey Management SA, Caine Trading Corp and Keligh Engineering in Seychelles while appointing Mossack Fonseca Geneva as registered agent and administrator for the shell companies.

On May 2, 2007, Sebastien Thierry of Clamorgan S.A, who had acted as signatory for one of Ibori’s shell companies, wrote a letter to Sonia Scampa of Mossack Fonseca, thanking her for verifying and assisting in registering the companies, as well as granting Tinubu the power of attorney.

“Following my mail yesterday and our conversation today, I reiterated the confirmation sent yesterday morning taken the following companies – Anglesey Management SA, Caine Trading Corp., KLeigh Engineering Corp.

Thank you for making a power of attorney for Mr. Wale Tinubu for three companies,” he wrote in French.

It remains unclear why Tinubu hired the same offshore consultants used by Ibori to run his offshore

companies. But in September 2013, British prosecutors told a court that Ibori confessed to owning “significant” shares in Oando Plc. According to crown prosecutor, Sasha Wass, a Queen’s Counsel, while opening an account at Swiss bank, PKB, through a shell company called Stanhope Investment, Ibori told the bank he owned 30 per cent of Oando.

Oando had denied that Ibori’s wealth was hidden in the company.

The company at the time circulated a statement claiming that Ibori only had 443 shares of the company’s 6.8 billion ordinary shares.

The documents also revealed that apart from relying on nominee directors appointed by Mossack Fonseca to hide his ownership of shell companies in tax havens, Tinubu also hired a paid front who acted on his behalf in some of the offshore companies.

In a December 10, 2008, email to Marie-Ange (an employee of Mossack Fonseca in Geneva), Sebastien Clamorgan of Clamorgan SA revealed that Tinubu hired a front, Patrick Bastin, to act on his behalf in his offshore companies.

According to the email, Bastin was handsomely rewarded for this role. He was paid a salary of $10,000 monthly and given a corporate visa card which allowed him to spend

up to $10,000 monthly.

Bastin was paid from Everglade Oil Inc’s account with a private bank in Beirut, Lebanon.

“It is agreed that M. Patrick Bastin will be acting as a director for certain of Mr J.A. Tinubu companies and in this capacity will be managing all upcoming administrative commercial and financial tasks, inclusive the relationship with the several banks the companies may have bank accounts with,” the email read.

“For this task M. Patrick Bastin will be compensated by a monthly payment of US $10 000,00 (ten thousand US $) to be paid to the bank account he will indicate.

“The account of EVERGLADE OIL INC No 239783 with Audi Saradar Private Bank seal in Beirut Lebanon will be responsible to set up a standing instruction for those payments to start on November 1 -2008.

“In addition, M. Patrick Bastin will be entitled to a Corporate Visa card from Everglade Oil Inc for expenses up to SS 10,000 per month to be justified after to M. J A Tinubu.

“This agreement can be terminated at any moment by M. JA. Tinubu with one month notice,” the email stated.

The documents also showed that

some staffers of Oando Plc were on some of Tinubu’s incorporation of shell companies.

After the resignation of one Kirk Thompson, who is believed to be the original nominee director for Tinubu in Everglade Oil Inc., on December 14, 2007, Daniel Boyo (it is not clear whether he is a relative of Omamofe Boyo), a London-based business development consultant with Oando Trading Limited, a subsidiary of Oando Plc, sent an email on January 11, 2008, to Thierry instructing him to contact Everglade Oil agents in Seychelles to draft a new certificate of incumbency for the company, mentioning Terry Cunningham as its new single director.

Documents show that Seychelles is particularly an attractive offshore destination for several top Nigerian businessmen.

Several shell companies owned

by Nigerians in tax havens were incorporated in the small Indian Ocean country, with a population of just under 90,000 people. They were registered as International Business Companies (IBC).

Seychelles IBCs are among the most popular IBCs in the secretive world of offshore jurisdictions. IBCs incorporated in the Seychelles are prohibited from doing businesses within the country or owning real

estate. They are not required to pay taxes, submit financial details or carry out audits on their finances.

An email sent from Mossack Fonseca’s office in Seychelles to Saria Rahme Kali of Afrex and Mr Clamorgan requesting details of the bearers of the shares of a cluster of IBCs domiciled in Seychelles revealed the extensive involvement of Nigerians in offshore tax havens.

The document revealed that Sayyu Dantata, the half-brother of Africa’s wealthiest man, Aliko Dangote, is linked to seven IBC – Appelby Holding Ltd, Juno Equities Incorporated, MRS Holding Ltd, MRS Oil and Gas, Nisco Holding Ltd (60 per cent), and Oval Refining S.A, Ovlas S.A (50 per cent).

Similarly, Adetokunbo Sijuwade, the son of the late Ooni of Ife, Okunade Sijuwade, is the director of Mandhari Water Investment Inc. and Izwelethu Aluminium and Steel Inc. Tinubu’s deputy, Boyo, was listed as director in three IBCs- Everglade Oil Inc, Meridian Procurement International Services, and QVS Ltd. Nigerians Abiose Eldred OganCole and Mojisole Adeniran both own 50 per cent share each in Qaisar.

Attempts to reach Wale and Boyo to respond to the allegations proved abortive.

GIVING BACKTO ALMA MATA

R-L: Minister of State, Ministry of Foreign Affairs, Hon. Khadija Bukar Ibrahim; former Head of State and Chairman Board ofTrustees, Barewa Old Boys Association (BOBA), General Yakubu Gowon (rtd); Deputy Executive Secretary (Services), Universal Basic Education Commission (UBEC), Dr. Yakubu Gambo; President BOBA, Dr. Umar Abdul Mutallab and Director, office of the Executive Secretary, UBEC, Alhaji Aliyu Kardi,at the inauguration of UBECfederal governmentinterventionelectronic library atBarewaCollege,Zaria...weekend

Boko Haram Attacks Soldiers in Borno Troops successfully repelled terrorists, says army Senator Iroegbu in Abuja with agency report Boko Haram fighters yesterday attacked Nigerian soldiers near the border with Niger in the Jihadists’ North-east heartlands, the army has said.

The militants struck as the troops were on their way to the border town of Damasak, a military source said.

According to Reuters, the army took the area back from Boko Haram last year but has

struggled to hold it.

The group allied to Islamic State (is) had been fighting to carve out an Islamist caliphate in the region for at least seven years in a conflict which has displaced more than two million people and killed thousands.

“Boko Haram terrorists attack troops of 113 Battalion,” army spokesman, Colonel Sani Usman, said in a statement.

He added that: “The troops have been battling the insurgents since (the) early hours of today

(yesterday).”

The troops had been trying to establish a permanent base in Damasak as Boko Haram remains active in its hinterland, the source said.

No further information was immediately made available from the remote area which is largely disconnected from mobile phone networks.

Boko Haram controlled a swathe of land in North-east Nigeria around the size of Belgium at the start of last year but was

pushed out by Nigerian troops, aided by soldiers from neighboring countries.

The group has since stepped up cross-border attacks and suicide bombings against markets, bus stations and places of worship.

Meanwhile, a statement by Usman said the troops successfully repelled attack by the terrorists.

He noted that the timely response of the troops involved air cover as more reinforcement was deployed Usman also said reinforcement

was sent to support the battalion, adding that normalcy had been restored.

“The attack has been repelled.

Reinforcement sent. Everywhere is cool and calm,” he added.

Usman, who was earlier silent on the number of casualties either on the part of the military or Boko Haram, later confirmed that the troops did not suffer any loss during the fierce battle.

However, military insiders disclosed that the terrorists took them by surprise with

sophisticated weapons beyond their firepower.

According to some sources who spoke to THISDAY, there were likely heavy casualties on both side, despite the fact that the military were able to quickly reinforce and take control of the situation.

“The men came with some kind of new weapons we have never seen before and there were likely casualties but we cannot confirm for now,” a source said.

10

TUESDAY APRIL 19, 2016 • T H I S D AY

NEWS

N47.7bn NIMASA Fraud: EFCC Arraigns Tompolo, Seven Others in Absentia Witness reveals how N1.1bn released by Jonathan was diverted

Davidson Iriekpen The Economic and Financial Crimes Commission (EFCC) yesterday arraigned the former Niger Delta militant, Government Oweize Ekemupolo, popularly called Tompolo, in absentia before a Federal High Court in Lagos on a 22-count charge bordering on fraud, conversation of money and forgery.

Also arraigned in absentia were siblings of the immediate past Director-General of the Nigerian Maritime Administration Safety Agency (NIMASA), Dr. Patrick Ziadeke Akpolobokemi, who was also arraigned before the court.

The Akpolobokemi’s siblings were: Igo Akpolobokemi, Julius Akpolobokemi, Stephen Akpolobokemi, Victor Akpolobokemi, Norbert Akpolobokemi, Emmanuel Ebizimo Akpolobokemi, and Clement Akpolobokemi.

While those arraigned alongside the former NIMASA DirectorGeneral were: Kime Engozu, Josephine Otuaga and Rita Uruakpa.

Also docked with Akpolobokemi are seven limited liability companies which include Mieka Dive Training Institute LTD/GTE, Oyeinteke Global Network Limited, Wabod Global Resources Limited, Boloboere Properties Estate Limited, Gokaid Marine and Oil and Gas Limited, Muhaabix Global Service Limited and Watershed Associated Resources.

The EFCC in charge number FHC/L/C/31c/2016, alleged that the accused persons had in sometime 2014, within the jurisdiction of the court with an intend to defraud, conspired among themselves and obtained the total sum of N47,683,464,822 from the federal government.

The accused persons also alleged to have between May 6, 2014, and December 2, 2014, forged and uttered a Certificate of Customary Rights of Occupancy

of the old Bendel State of Nigeria, and purportedly issued same to NIMASA, claiming that it was issued by Warri South Local Government Council, Delta State, to the prejudice of the Federal Government of Nigeria.

They were also alleged to have received sum of N11,900,000,000 from the federal government, by falsely pretending that all the land and its appurtenances lying and situated at Mieka Diva Training Institute, Kurutie, Warri South council area Delta State, be acquired by the NIMASA, for the temporary campus of Nigerian Maritime University, Okerenkoko, Warri South, council area is from encumbrance.

The offences, according to EFCC prosecutors, Mr. Festus Keyamo and Rotimi Oyedepo, are contrary to sections 8, 1(b) of Advance Fee Fraud, 18 (a), 15 (1) of money Laundering Prohibition Amendment Act, 2012, and punishable under section 1 (3), 15(3) of the same Act, and 1(2)(c) Miscellaneous Offences Act, Cap. M17, Laws of the federation 2004.

All the accused persons pleaded not guilty to the charges.

Their lawyers, Dr. Joseph Nwobike (SAN), Mr. inaji E. U. and Mr. Oyesoji Oyeleke, urged the court to admit them to bail in liberal term. Nwobike and Inaji, particularly, pleaded with the court to allow their clients, Akpolobokemi and Kime Engozu, to continue with the bail terms granted them in other criminal charges they have before the court.

Ruling on the bail application, the presiding judge, Justice Ibrahim Buba, while conceding to the request of Nwobike and Inaji, however admitted bail to Josephine Otuaga, Rita Uruakpa in the sum of N50 million with one surety each. The surety, according to Justice Buba, must show evidence of landed property within the jurisdiction of the court, and sworn to affidavit

Senator Stoned in Bauchi for Supporting Saraki Segun Awofadeji in Bauchi

THISDAY that the youths chanted abusive words and attacked the The Chairman Senate Committee senator when they sighted him.

The source said: “Yes he was on Navy, Senator Isah Hamma Misau, was at the weekend attacked by youths who were allegedly stoned by angry youths angry with him over his poor who wanted to lynch him in representation. He has never talked his constituency for supporting about anything that will better the the Senate President, Dr. Bukola life of his constituents, but he is always over the radio defending Saraki.

Saraki is standing trial at the Saraki on his trial at the CCT.” Another source,Alhaji Nura Manu Code of Conduct Tribunal (CCT) following a 13-count charge levelled Soro, who spoke on telephone, against him for alleged false and expressed fears that the attack on anticipatory asset declaration during the senator might turn into a his tenure as the Kwara State governor security threat as the youths are exchanging hot words with between 2003 and 2011.

THISDAY checks revealed that security agencies who rescued Misau who is the senator representing the senator.

“They accused the security Bauchi Central senatorial district in the Senate, was allegedly shouted agencies of intimidating andbeating at and stoned by angry youths some of them in the process,” he said.

The senator was said to have been in Ningi where he went for a saved by military personnel manning a party engagement.

The senator was the sponsor of a checkpoint located close to Ningi town bill to amend the CCT Act which where the youths attacked the senator.

When contacted, the state the people alleged was brought about to stall the trial of the Senate Publicity Secretary of the All Progressives Congress (APC), president at the CCT. Reports from a source who Auwal Aliyu Jallah, said the party pleaded anonymity informed was not aware of the attack.

of means, while the two accused persons be remanded in EFCC custody pending the perfection of their bail conditions.

The matter was adjourned till May 30 and 31 for trial.

Meanwhile, at the resumed trail of Akpobolokemi and five others at the Federal High Court yesterday, an EFCC witness, Orji Chukwuma, gave details of how the sum of N1.1billion released by former President Goodluck Jonathan in 2014 for a project in NIMASA was allegedly diverted.

Akpobolokemi and five others are standing trial for allegedly defrauding NIMASA to the tune of N2.6billion between March and June 2014.

He was arraigned along Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistics Limited before Justice Ibrahim Buba on December 4, 2015.

But the defendants pleaded not guilty to the offence.

Chukwuma said though the money was requested by a former Director-General of NIMASA,

Akpobolokemi, in 2013 for the implementation of the International Ship and Port Security (ISPA) facility in NIMASA to carry out security checks on vessels entering Nigeria, 89 per cent of the funds were diverted.

According to Chukwuma, Jonathan approved the N1,123,400,000 on November 4, 2013 and it was released to NIMASAthrough a former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), on January 3, 2014.

But he said the money was siphoned through six companies and by N3million cash transactions at 15 different times.

Chukwuma was the 12th witness called by the EFCC in its bid to prove the allegations.

He was led in evidence yesterday by an EFCC prosecutor, Mr. Rotimi Oyedepo.

The investigator, who said he was a member of the EFCC Special Task Force, said the anti-graft agency moved to probe NIMASA upon receiving an intelligence report that a “monumental fraud” was perpetrated in the agency by the

accused persons.

He said the background checks carried out by the EFCC revealed that Akpobolokemi was a lecturer at the Delta State University prior to his appointment as the DirectorGeneral of NIMASA. According to the witness, Akpobolokemi was the one who set up the ISPS Committee and made the 2nd defendant, Agaba, who was a former employee of Mobil and then an Executive Director in NIMASA, the chairman.

The witness said Agaba was one of the signatories to the ISPS Committee’s bank account from which the N1.1billion allegedly approved by Jonathan was diverted through six companies.

Chukwuma, who gave his testimony with the aid of a power-point projector, gave the names of the companies and the amount allegedly diverted through them as: Seabulk Offshore Operator limited (N437, 726,666); Ace Prosthesis Limited (N66,800,000); Extreme Vertex Nigeria Limited.

(N21,802,000); O2 Services Plus Limited (N14,200,000); Southern

Offshore Limited (N402,480,000) and Caniz Limited (N12, 250,000).

According to him, 15 cash transactions of N3million each, amounting to N45,000,000, were also allegedly carried out by the defendants.

Chukwuma told the court that the 3rd defendant, Nwakuche, who was a personal assistant to Agaba, owned the two companies - Blockz and Stonz Limited and Al-Kenzo Logistics Limited - that were charged along with the accused persons as the 5th and 6th defendants.

“The money was meant for the ISPS 2013 but it was released in 2014. “This shows a pie chart representation of the funds meant for the ISPS 2013,” Chukwuma said, pointing the court’s attention to the power point projection.” “89 per cent represents the total money diverted by the accused persons and 11 per cent represents part of the money received by suspects who are now at large and also in the execution of some projects,” the witness said.

PRODUCT LAUNCH

L-R: Country Director, Curves International in Nigeria, Mr. Emma Esinnah; US Deputy Chief of Mission to Nigeria, Mrs. Maria E. Brewer; Presiding Overseer of the Latter Rain Assembly, Pastor Tunde Bakare; and franchisee of Curves Ladies-only fitness centre, Apo, Abuja, Mrs. Esther Otenaike, at the inauguration of the facility in Abuja... weekend.

Vehicle Recall: CPC Issues Seven-day Ultimatum for Status Report on Wrangler, Chrysler Cars James Emejo in Abuja The Consumer Protection Council (CPC) has issued a seven-day ultimatum to Westar Associates Limited, a major dealer of Jeep Wrangler and Chrysler vehicles in the country to provide information on its vehicles’ defects associated with clutch pedal positions and the driver’s frontal bag.

The order is in connection with the recent directive by authorities in the European Union (EU) which had ordered a recall of Jeep Wrangler and Chrysler 300 vehicles over factory defects.

CPC, in a letter to the dealer signed by its Director, Surveillance and Enforcement,

Mrs. R.O. Ogundipe, stated that: “The attention of the council has been drawn to the fact that European Union (EU) authorities on February 19, 2016, recalled Chrysler 300 and Jeep Wrangler 2006 (TJ) model from the European market for safety reasons.

“According to the European Commission Rapid Alert System for No-Food Products (RAPEX), the Jeep Wrangler 2006 (TJ) model and Chrysler 300 vehicles produced between 2005 and 2010 were recalled due to factory defects associated with clutch pedal positions and the driver’s frontal bag respectively, which posed serious risks to consumers.”

It said: “Nigeria is a very

big market and there is high possibility that many customers may currently be in possession of these affected models.”

The council, therefore, requested the auto dealer to within seven days of the receipt of its letter make available to it the number of affected vehicles in Nigeria (if any), steps taken to inform and sensitise consumers and efforts being made to facilitate quick recall of such vehicles in the country.

The CPC further explained that its directive was pursuant to the powers of the council to compel manufacturers to give public notice of any hazard inherent in their products.

In the Jeep Wrangler being recalled, the springs within the

clutch pedal position switch that prevents the vehicle from starting unless the clutch pedal is pushed down may break, thus the vehicle may not be started when the clutch pedal is pushed down or the engine may crank and start without the clutch pedal being pushed down causing the vehicle to unexpectedly tilt, a statement

by CPC spokesman, Abiodun Obimuyiwa, stated.

It added that upon the deployment of the driverside frontal air bag of the Chrysler 300, excessive internal pressure may cause the inflator to rupture with metal fragments striking and potentially inflicting serious injury on the vehicle occupants.

TUESDAY APRIL 19, 2016 • T H I S D AY

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NEWS

Supreme Court Begins Implementation of Automated Case Management System Tobi Soniyi in Abuja The Supreme Court last Friday commenced partial implementation of the Nigerian Case Management System (NCMS).

Under the system, cases filed at the Supreme Court will be scanned into the system and the old manual method would henceforth run parallel with the new technology.

The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, yesterday announced the commencement of the innovation while declaring open the 2016 refresher course organised for magistrates on current trends in law and administration of Justice by the National Judicial Institute (NJI) in Abuja.

He said: “On April 15, 2016, the Supreme Court entered a ‘Pilot Transition’ which means that we have begun the implementation phase of the Nigerian Case Management System and the system has gone ‘Live’. Henceforth, cases filed at the Supreme Court will be scanned into the system and the ‘old’ manual method will run parallel with the ‘new’ technology.”

Justice Mohammed described the commencement of the automated system as the great first step for the Nigerian judiciary which “we all must be proud of.”

The CJN said: “The future is here and now, so we must seize this success as we anticipate a ripple effect in other jurisdictions and the various levels of the judiciary.

“Once fully operational, all cases, regardless of the status of litigants, will be administered more expeditiously and efficiently in our courts, using e-tools that will speed

up justice delivery immensely.

“I make bold to state that the NCMS is the subject of attention and collaboration from other commonwealth judiciaries around the world.

“In February 2016, the National Judicial Council (NJC) signed a Memorandum of Understanding (MoU) with three judiciaries of the Caribbean region and the National Centre for States Courts. They are Eastern Caribbean, Barbados and Trinidad and Tobago. These judiciaries, despite boasting about 15 years’ experience of using a Case Management System (CMS), have decided to abandon same in order to adopt the Nigerian model.

“I believe that with the development and deployment of such technologies and the building of our capacities, through courses such as this, the Nigerian judiciary will benefit immensely and positively.”

Justice Muhammad also announced another innovation, the Nigerian Legal Email System (NILES) which is being undertaken by the Supreme Court in conjunction with the Nigerian Bar Association (NBA).

He said the NILES aimed to create an official e-mail, which would be verifiable and allow lawyers to communicate securely with the court and with one another.

“These are examples of innovations which are currently being rolled out, and I urge participants to get ‘on board’ by actively embracing same in order to improve justice delivery in your respective jurisdictions,” he added.

The CJN commended the Lagos

FG May Increase Allowances to NYSC Members as New DG Assumes Office Adebiyi Adedapo in Abuja

The immediate past Director General of the National Youth Service Corps (NYSC), Brig. General Johnson Olawumi, yesterday promised that efforts to ensure an increase in the monthly allowance for serving corps members would soon yield result.

This is just as the newly appointed Director General, Brig-General Sule Zakari Kazaure, took over the reigns of power as the 17th director general of the scheme.

Olawunmi during the hand over ceremony at the NYSC national secretariat in Abuja, explained that the management had written series of letter to the federal government to that effect.

“There seem to be a ray of light at the end of tunnel,” he said.

Kazaure who succeeds Olawunmi who was redeployed to the Nigeria Army School of Electrical and Mechanical Engineering, promised to ensure welfare of corps members and the staff.

Kazaure noted that the tasks ahead was huge, but sought unity from the management and staff to achieve the NYSC mandate.

“I know that the tasks ahead are enormous and the road is rough, but with unity of purpose we will make progress. Therefore, I urge all to be pro active, positive

and optimistic in all our dealings so that our individual effort will result insuccess in line with the vision of the present administration,” he said.

Kazaure added: “On my part, I understand the important of motivation for staff, I will endeavor to be fair, transparent in my administration to enable us succeed together. I want to appeal for the support and loyalty that you gave outgoing DG in the achievement made toward moving the scheme to the greater height.”

Olawumi however, urged the staff to extend the cooperation he enjoyed during his stay in the scheme to the new DG to achieve the desired result.

“I am glad to mention here that since I came on board, I have said times without number that NYSC staff are industrious, competent and committed. I am also proud to say that your unalloyed loyalty, support and general work ethics during my two years, three month tenure. I could not have achieved much if I did not get your loyalty and support. In the same vein, I crave your indulgence to continue to support the new Director-General to enable him consolidate on the success and achievements so far recorded. Staff have a lot to contribute in sustenance of this laudable scheme which over the years has contributed in no small measure to the development and progress of the nation.”

State judiciary for the innovations that it was currently utilising, should decongest its courts and facilitate justice delivery within its jurisdiction.

These include the introduction of the Bail Information System (BIMS) to curtail the abuse of the bail system by unscrupulous professional sureties as well as the introduction of Judicial Information System (JIS), which allows for online filing and assignment of cases.

He expressed the hopes that these innovations would reduce drastically, delay in criminal trials.

The CJN admitted that delay

in trials of criminal cases remained a major challenge confronting the nation’s justice system.

He therefore called for lasting solutions that would improve the administration of criminal justice system, reduce delays, restore public confidence and improve judicial performance.

According to him, more often than not, trial delays are caused by the antics of parties and to some extent the court, which results to unnecessary adjournment.

“Often, prosecutors or defence counsel are unable to present their cases or witnesses, and investigating police officers are often unavailable

or transferred, so there is sometimes lacking in the diligence of rendering legal advice on whether there is a prima facie case to prosecute, an increased use of preliminary objections, unnecessary legal devices for delaying trials and a myriad of others too numerous to mention here,” he said.

He also stressed the need to reduce the backlog of cases especially in criminal matters which he said had contributed to the congestion of prisons, and therefore expressed optimism that the course would provide an avenue to device ways of achieving this.

“I find it distressing that many criminal trials are not given the attention that they deserve.

“I urge you to accord criminal matters priority as it had been the legal tradition and not to unduly delay proceedings “For emphasis, I wish to draw your attention to Section 35(4) and 36(4) of the 1999 Constitution of the Federal Republic if Nigeria (as amended), which have the combined effort of underlining the need to expeditiously try criminal matters in view of the various fundamental rights that an accused is deprived of, especially when in custody or detention.

FUTURE ASSURED

Wife of the President, Hajia Aisha Buhari (second left); wife of Cross River State Governor, Dr. Linda Ayade (second right); and wife of the Oyo State Governor, Mrs. Florence Ajimobi (right), during the commencement of the project Future Assured for mothers and newborns in Ikom, Cross River State...yesterday

Controversy Trails FG’s Planned Special Task Force onVandalism Amnesty office will collaborate with security agencies against pipeline vandals, says Boroh Ndubuisi Francis and Yemi Akinsuyi in Abuja The recent pronouncement by Vice President Yemi Osinbajo to create a special task force to tackle vandalism of pipelines in the Niger Delta has generated controversies within the security circle, as security experts said it would amount to duplication of the national security and civil defence corps’ mandate.

During his recent official visit to Delta State, the Vice-President was quoted as saying that the federal government was considering the establishment of a special security force to tackle vandalism of pipelines in the Niger Delta, as the country loses about 250,000 barrels of oil per day.

He stated that the federal government would form a permanent pipeline security force, which would be armed with sophisticated weapons that would contain vandalism and overhaul security.

However, security watchers who spoke with THISDAY in Abuja yesterday, said rather than establishing a new security force for anti-pipeline vandals, the

presidency should strengthen the operations of the Nigerian Security and Civil Defence Corps (NSCDC).

Although they preferred anonymity, the security watchers insisted that the federal government’s fund for such agency should rather be used for other pressing national security needs.

In line with the Act which created the NSCDC, its core mandates is to maintain 24-hour surveillance over infrastructures,sites and projects for the federal, state and local government.

The civil defence corps, whose many officials had been trained on anti-terrorism and other arms training is mandated to enter and search any premises and seize any material suspected to have been used in vandalism or suspected proceed of vandalism.

It is also mandated to enter and search premises of any suspected illegal dealer in petroleum products or material used by the Power Holding Company of Nigeria, the Nigerian Postal Services, the Nigeria Telecommunication Limited

or for any other public utility or infrastructure.

When contacted on phone yesterday, the NSCDC spokesperson, Mr. Emmanuel Okeh, said what the federal government was planning to do is establish and equip a special force within the NSCDC and not from outside the corps.

Meanwhile, the Special Adviser to the President on Niger Delta, and Coordinator of the Presidential Amnesty Programme (PAP) for ex-militants, Brig. Gen Paul Boroh (rtd), has expressed the resolve of the Amnesty Office to collaborate with security agencies to checkmate the activities of criminal elements, who indulge in pipeline vandalism in some parts of the oil and gas-rich region.

In a telephone chat with THISDAY, Boroh said he was completely dissociating the Amnesty Office from the wanton cases of vandalism of oil assets in some parts of the Niger Delta by those he described as ‘economic saboteurs.

His reaction followed last weekend’s disclosure by the Vice President, Prof. Yemi Osinbajo,

that 250,000 barrels of oil per day are lost daily in the Niger Delta due to pipeline vandalism with the attendant huge revenue losses suffered by the country.

Boroh, who expressed deep concern over the increasing spate of vandalism, said the Amnesty Office was saddened by these acts of sabotage and was completely dissociating itself from the elements whom he described as economic saboteurs.

According to him, the Amnesty Office would partner with the security agencies so that the culprits would be apprehended and treated as economic saboteurs.

Asked whether the activities of the vandals and the huge military presence in the Niger Delta is not a threat to peace in the region, Boroh said peace was not threatened, adding that the perpetrators were mere criminal elements.

“The Amnesty Office completely dissociates itself from these acts of sabotage by these criminals.We are not happy at all.

We will partner with the security agencies so that the culprits behind these acts of sabotage could be apprehended,” he said.

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T H I S D AY TUESDAY APRIL 19, 2016

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T H I S D AY • TUESDAY, APRIL 19, 2016

COMMENT

Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com

HARNESSING CULTURE AND TRADITION FOR WOMEN EMPOWERMENT

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It is not easy to implement new approaches in communities due to the impact of culture, argues Ayse Yigit

s a Turkish woman who has fully resided in Africa: Equatorial Guinea and Nigeria, for almost six years, I am starting to regard myself African. Being African is not determined by skin colour or by language, but by contributing one’s quota to its development as my organisation, Ufuk Dialogue Foundation has been doing.

At the Women Platform of the foundation, we are of course interested and committed to the empowerment of women, regardless of their religion or ethnicity.

So when I was invited by the Journalists and Writers Foundation, which gained consultative status with the United Nations Commission on the Status of Women (CSW) in 2015, to attend the 60th session of the commission in New York, I grabbed the chance with both hands.

The Commission on the Status of Women (CSW), a functional commission of the United Nations Economic and Social Council (ECOSOC), is a global policy-making body dedicated exclusively to promoting gender equality and the empowerment of women. It assists to prepare recommendations on promoting women’s rights in political, economic, civil, social and educational fields. The commission is also responsible for monitoring, reviewing and appraising progress achieved and problems encountered in the implementation of the Beijing Declaration.

The 60th session provided an opportunity to review progress towards gender equality and the empowerment of women, identify challenges, set global standards and norms and formulate policies to promote gender equality and women’s empowerment worldwide. It was also a key opportunity for policymakers, advocates, researchers and activists to network and strategise, mobilise and plan new initiatives and actions to further the cause of gender equality and women’s empowerment.

Themed “women empowerment and its link to sustainable development,” the conference held March 14-24, 2016. Participants evaluated the progresses made in the implementation of the agreed conclusions from the 57th session (2013) on “The elimination and prevention of all forms of violence against women and girls”. Participants also discussed the CSW’s multi-year programme of work.

Ufuk Dialogue Foundation, Rainbow Intercultural Dialogue

THE SESSION PROVIDED AN OPPORTUNITY TO REVIEW PROGRESS TOWARDS GENDER EQUALITY AND THE EMPOWERMENT OF WOMEN, IDENTIFY CHALLENGES, SET GLOBAL STANDARDS AND NORMS AND FORMULATE POLICIES TO PROMOTE GENDER EQUALITY

Center, Thailand Achievement Institute and the Journalist and Writers Foundation were some of the stakeholders that got a chance to organise a side event to address the influence of culture as a catalytic effect on women and girls empowerment.

The panel consisted of Dr. Nuray Yurt (Director of Peace Island Institute, New Jersey), Ms. Julia Duncan -Casell (Liberia’s Minister of Gender, Children and Social Protection), Ms. Roberta Clarke (Regional Director of UN Women for Asia), Dr. Sa’adatu Hassan Liman (Deputy Vice-Chancellor, Nasarawa State University) and Ms. Awa Ndiaye Seck (expert in conflict prevention, Gender equality from Liberia).

The panel with these experts highlighted the impact of beliefs, tradition and practices that have prevented economic empowerment of women and girls and the experts and discussed how these challenges can be turned into possibilities and opportunities with the collaboration of civil society organisations, educational institutions, intergovernmental organisations and governments.

It also addressed some of the challenges tradition poses for women’s empowerment, primarily seeking to discuss the importance of utilising local tradition and culture in achieving women’s equality and empowerment as stated in UN Sustainable Development Goal Five.

It is frequently mentioned in the SDGs’ adoption that there are different approaches, visions, models and tools available to each country, in accordance with national circumstances and priorities, to achieve sustainable development. This can also be done in connecting with tradition/traditional practices and local culture which can be a powerful approach, model, and tool for the empowerment of women.

The panel explained that the approach is because people are invested in their traditions and culture, as it is already how they understand and organise their lives.

For me, the conference was a rewarding experience.

I have realised that it is not easy to implement new approaches in communities due to the impact of culture and tradition. It may take years, sometimes decades for people to accept changes, no matter how well intended.

Yigit is head, Women’s Platform of Ufuk Dialogue Foundation, Nigeria

TACKLING FUEL SCARCITY AND POWER OUTAGES (2)

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o what can this government do to solve the problem of power and petrol scarcity? Adopting full deregulation in both sectors (by immediately opening up the sectors to full private enterprise participation) will be a good starting point. Existing refineries in Port Harcourt, Warri and Kaduna should either be sold to private operators or abandoned outright, because the financial (and economic) cost of managing these dilapidated refineries under the current conditions, juxtaposed with the refineries’ current productivity levels, make it neither practical nor viable to continue to do so. More licenses should be issued by attracting more investors to build and operate private refineries. Investors respond well to incentives (tax breaks, etc), so it should not be too difficult for this government to attract investment into this industry. If this policy is pursued vigorously, we could have new privately-owned and managed refineries springing up within the next five years. If we really want to get to the point where we never have to experience fuel shortages and long queues again, then the NNPC has to liberate the importation process further by issuing more licenses to marketers interested in importing petroleum products.

Ideally, the NNPC should play no role in the importation, distribution, storage, pricing and sale of petroleum products. The Department of Petroleum Resources’ role should simply be to ensure that imported petroleum products meet the required quality standards, just like NAFDAC continues to do in the context of the importation of food and drugs.

This policy directive may not be popular initially, because once price control mechanisms are removed, marketers would be allowed to distribute and sell their products at petrol stations at their own prices. This also means that the cost of fuel may vary slightly across different locations. First, this already is the case, because the pump price of fuel is not N86.50 in every petrol station in Nigeria. But perhaps the more relevant point from an economic perspective is

Femi Pedro argues for a complete deregulation of the energy sector

that most products already have price variations occasioned by location differences (for example, the prices of tomato, yam and pepper aren’t fixed across the entire country). Some of these players will lose money, others will survive. But in a matter of weeks, the market will be flooded with an abundance of petroleum products. A cartel cannot function optimally in a liberalised market, so the knock-off effect will be an immediate elimination of supply shortages and an eventual drop in pump prices once there is market equilibrium.

The same can also be said in the context of power generation, transmission and distribution.

The power sector has had its fair share of false dawns. Previous administrations have invested substantial funds to rehabilitate the sector but to no avail. Like the petroleum sector, there are deeply-entrenched interests operating from within and outside who have been profiting from the sustained instability for many years. It is no surprise, for example, that the generator importation business is a booming and thriving venture today. The passing of the Electricity Sector Reform Act in 2015 should serve as a good springboard for power reform. Indeed, the power sector is already on the pathway towards full deregulation, but these reforms have not been far-reaching enough and the implementation process has been questionable. For example, despite the previous Administration’s issuing out six generating and 11 distribution licenses to private investors, it still insisted on playing an active role in transmission and generation. The private investors essentially inherited government’s dilapidated infrastructure at substantial premiums, and have been struggling to pump the additional funds required to give power generation and distribution the shot in the arm it truly needs. The end result is that consumers have had to suffer with an unreliable and unavailable metering system, illegal connections and numerous cases of fraudulent billings.

The easy way out is for government to impose higher tariffs on customers, but the

truth is that a lot of energy has been wasted on the pricing of electricity and gas. By law, the Nigerian Electricity Regulatory Commission (NERC) is responsible for setting tariff structure.

There are people who would argue that government should be regulating tariffs, but this line of thinking is slightly outdated. Like the petroleum pump price, the government should navigate away fiddling with tariffs. The government may argue that its continued involvement in the sector is justified because it is too strategic to be left solely in private investors’ hands.

However, power is simply another capitalintensive segment of our economy that would benefit from a more substantial reliance on the private sector’s sound technical expertise and managerial knowhow. Problems like inadequate gas supply, pipeline vandalism and repeated breakdown of power plants only highlight the poor planning, management and execution of a holistic roadmap of past administrations.

Previous governments were too involved along the entire value chain, too incompetent to optimally execute its own responsibilities and too stubborn to admit its own shortcomings. This is where this administration has an opportunity to break from the past. The most critical step it can take is to implement a holistic deregulation of the power generation process.

Government should direct its focus towards attracting serious multi-national investors to build and operate coal-fired plants, solarpowered plants, gas-powered, hydro-powered and possibly nuclear-powered plants. Like refineries, the building of these different power plants required the attraction of high-tech companies with the technical competence and huge capital resources. If properly marshaled, it can be a profitable venture for serious-minded investors, so the government simply needs to provide the enabling environment to make this a reality. In addition to this, a full deregulation of the transmission process, perhaps on a geographical basis, would certainly ensure an increase in transmission lines and power stations nationwide. If the government is eager to get its

feet wet, it can limit its direct involvement to the generation and transmission of power in rural and riverine communities, because investors may find it unprofitable to service those areas for the time being. People simply want electricity, and tariffs would become affordable when supply is in abundance, because the increased economic wealth (as a result of increased power supply) would compensate for the burden of higher tariffs. Operators may initially price electricity high, but competition and increased power supply will eventually force tariffs down.

There is a fundamental and ideological issue at play in Nigeria today. This ideological issue speaks to the very core of what the government’s role should be in creating a better enabling environment for its citizens to thrive. In a metaphorical sense, should our government be the driver, the passenger, the road, the speedbumps, the car or the road signs? The answer to this rhetorical question may not be immediately clear to us, as our concept and understanding of government and governance continues to evolve in this unique environment that is Nigeria. But one thing is certain: The government cannot and should not take on all responsibilities, because this metaphorical car is bound to crash if it insists on doing so. Deregulation ensures that the government does not bite more than it can chew, and this article has focused on what government needs to do to become more efficient in its service delivery. No matter the segment of our economy, government involvement in production, distribution and pricing will always lead to market failure. The only way to attract good investment in any capital-intensive sector is to allow the market to determine price.

The free market should be allowed to determine pump prices and electricity tariffs, just like the free market determines the price of tomatoes, yam and sugar. We do not grapple with tomato challenges, so it is not difficult to envisage a scenario where the petroleum and power grapples come to an end, once and for all.

Otunba Pedro a banker and an economist is a former Deputy Governor of Lagos State

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T H I S D AY • TUESDAY, APRIL 19, 2016

EDITORIAL LESSONS FROM SOUTH AFRICA

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The indictment of Jacob Zuma, South Africa’s president, holds lessons for Nigeria

ome major political and judicial events happened in South Africa recently that strengthened the faith of their citizens in critical institutions of government which Nigeria should learn from. First, against all attempts by President Jacob Zuma to influence the outcome of a corruption case against him, the country’s Supreme Court ruled that he had contravened the constitution by failing to refund some of the money spent on “security upgrades” at his personal home in Nkandla, KwaZuluNatal. The project, which was said to have cost the country’s taxpayers $24 million, included a chicken run, cattle enclosure, an amphitheatre and a swimming pool.

It all started when in 2014 a detailed report by the South African government-appointed public protector, Thuli Madonsela, found that the controversial president and his family had “unduly benefitted” from the renovation of his personal residence, and ordered him to refund part of the money. But Zuma used his office to frustrate the case for two years.

However, after THE COURT RULING THAT the recent verdict of FORCED THE SOUTH the South African AFRICAN PRESIDENT Supreme Court, TO ACCEPT HE ACTED Zuma apologised WRONGLY WAS A SHINING to the nation in a EXAMPLE OF HOW national television STRONG AND EFFECTIVE address, for what he INSTITUTIONS HELP TO termed the “frustraDISCIPLINE CORRUPT tion and confusion” PUBLIC OFFICERS caused by the affair, even though he was quick to state that he had no plan to resign. He, nevertheless, promised to pay back some of the money as ordered by the court.

Yes, Zuma was expected to effortlessly survive an impeachment move against him in the country’s parliament because of the overwhelming majority of the ruling African National Congress (ANC). But the court ruling that forced the South African president to accept he acted wrongly was

Letters to the Editor

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a shining example of how strong and effective institutions in civilised democracies around the world help to discipline corrupt public officers while compelling them to be open, transparent and accountable to the people in line with the dictates of a representative democracy.

Until the court ruling, Zuma had publicly insisted he did nothing wrong and had arrogantly carried on as if he was above the law. In his letter of September 11, 2014, the South African president had argued that the public protector’s role was like that of an ombudsman and could not issue “judgments to be followed under pain of a contempt order.” Zuma had described the report which indicted him as “useful tools in assisting democracy in a cooperative manner, sometimes rather forcefully”. Yet, he stated that he was under no obligation to accept the outcome of such inquisition.

T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITOR BOLAJI ADEBIYI MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAfE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

T H I S DAY N E W S PA P E R S L I M I T E D

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TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

EDUCATION AND WELFARE OF TEACHERS

t is a globally acclaimed fact that education is the bedrock of any nation’s development. Hence it is incumbent on every country and relevant stakeholders to take the issues of education with utmost seriousness.

In clear terms, education is fundamental to growth and development, and serves as critical indices to measure progress of development agenda. There is no gainsaying that it is the most powerful driving instrument of reducing poverty, improving health care services and ensuring peace and stability.

Sadly, in Nigerian it is heart-aching to see that our education sector is being confronted with a myriad of challenges, such as inadequate infrastructure and funding, which, no doubt, impede proper implementation of ICT programmes in schools, colleges and other learning centres. In most public and private schools, basic ICT infrastructure are grossly inadequate, and where they are available, epileptic power supply makes it difficult, if not impossible, for them to function properly or be put to good use.

However it would be uncharitable for anyone not to commend states like Lagos, Osun, Ondo and few other states in the country which place high premium on qualitative education and ultimately human capital development in line with Millennium Development Goals, until recently when Nigerians states witnessing econo mic downturn due to drop in oil revenue. Great is the agenda to see that brighter future is sustained for our youths, but have we ever looked inwards genuinely to see how teachers in Nigerian schools are faring?

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owever, the Supreme Court forced him to humble himself and by his indictment, the court told him clearly that he is not above the law. But the pertinent question is: had this happened in Nigeria, would anything have come out of it?

We do not think so for a number of reasons.

One, it is doubtful if a government-appointed prosecutor would dare to pursue a sitting president in court the way Zuma was held to account. Two, even if by some miracle such happened, it is most likely that the case would be frustrated in court by a web of conspiracy between the prosecution, the defence and the trial judge.

We have stated on this page over and over again that to entrench our democracy, we need strong, effective and robust institutions that can curb the antics of notorious public officials who have scant regard for the law. That is what the South African Supreme Court has demonstrated with its ruling on President Zuma. We hope our Supreme Court and other courts in the country will take a cue from such a courageous decision.

It is pathetic and worrisome to know that the welfare package of Nigerian teachers is among the worst in the country. They operate from not too friendly work environments with meagre and irregular salaries.

For these reason most of them lack the passion for the profession and in some instances are not bothered being properly trained on what it takes to be a 21st century teacher and when they are trained, lack the necessary instructional materials to carry out their jobs and yet they are the first to be blamed for poor students’ achievement.

The plight of Nigeria’s teachers is pitiful as many of them have died of hunger, diseases and out of frustration. The system has turned a good number of them into beggars and destitute such that the younger generations dread the idea of becoming teachers. If our teachers are not appreciated and recognised, they would be forced to turn their noble job of inspiring the youth to higher academic excellence into positions of becoming menace to the society.

However, as a true progressive who champions the course of building great and sound future for our nation through formal education, I think our government needs to do more for the teachers who truly are the architects and vehicles through which the dreams of our nation’s future leaders can be achieved. Government should consider increasing salaries and other remunerations for teachers to put them at par with their counterparts in other sectors.

Hon. Rotimi Makinde, Ife Federal Constituency, 2011-2015

FUEL SCARCITY IS FUELLING DISCONTENT

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etrol scarcity is affecting workers, says by Nigerian Labour Congress.

We will move Nigeria forward as quickly as possible, says Buhari.

Fuel scarcity to end in two weeks says, the Nigerian National Petroleum Corporation.

Fuel queues to end this week: Kachikwu.

Fuel scarcity, power crisis; deregulation and the social good’s theory, public opinion analyst.

Fuel scarcity mars school resumption, public opinion.

These are just but a few statements from key state and non- state actors in perilous times like this.

Fuel scarcity is just one of Nigerians numerous causes of discontent. There are many of them. Perhaps, that is why some year’s back one international opinion poll rated Nigerians as the happiest people on earth. This rating which though was on the negative side bothers on the scathing castigation on the Nigerian working class and the poor masses.

This goes further to confirm the Afro legend, Fela Anikulapo- Kuti’s highly lyrical and satirical song: “Suffering and smiling” rendered many years ago.

When we juxtapose Fela’s in-depth lyrical expositions to the prevailing social economic and political realities in Nigeria over the years, we should have reasons to collectively celebrate his philosophical, satirical and revolutionary consciousness while walking the face of mother earth.

As the suffering poor masses continue to smile, the ruling bourgeois continues to take them for a ride. In the first instance, Nigerians should have no business with poverty let alone fuel scarcity that seems now perennial, and its proclivity for corruption. Fuel subsidy remains the apogee of it all; the politics or policy of fuel subsidy turned its objectives upside down right from the outset. The good intention of the policy as a latent manifest becomes submerged in the sea of corruption to reveal the negative overt manifest.

Comrade Ogbu A. Ameh, onwaters2011@gmail.com

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T H I S D AY • TUESDAY, APRIL 19, 2016

POLITICS

Group Politics Editor Olawale Olaleye Email wale.olaleye@thisdaylive.com 08116759819 SMS ONLY

EXECUTIVE BRIEFING

Senate’s Highway to Chaos A recent attempt by the Senate to amend two crucial laws of the land, especially now that its president, Bukola Saraki, is being tried under the same set of laws for corruption related charges, is curious and would breed nothing but chaos. Davidson Iriekpen writes

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bviously because one of its own is standing trial before it, the Senate has moved to amend two critical laws in the country – Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Act and the Administration of Criminal Justice Act (ACJA), 2015. While the CCB/CCT was last amended in 2004, the ACJA was enacted last year and signed into law by the Goodluck Jonathan administration.

The President of the Senate, Dr. Bukola Saraki, is currently standing trial at the CCT, following a 13-count charge leveled against him over alleged false and anticipatory asset declaration during his tenure as the Kwara State governor between 2003 and 2011.

Before the latest attempt by the senate to amend the two laws, Saraki had instituted series of suits at the Federal High Court, where he had challenged the constitution of the CCT to try his case. He also challenged the jurisdiction of the tribunal to try him. The senate president pursued the suits to the Supreme Court but lost.

The two bills which got accelerated hearing in the upper legislative chamber of the National Assembly, when the bills came up for debate are meant to seriously whittle down the powers of CCB/CCT and ACJA. For the CCB/CCT, the bill to amend it is seeking to delete from it, a list of judicial institutions with the jurisdiction to adjudicate on criminal matters. The bill is also seeking to transfer the control of CCT and CCB from the Office of the Secretary to Government of the Federation (SGF) to the National Assembly or the Office of the Attorney-General of the Federation (AGF).

The first bill tagged: “Code of Conduct Act Cap

Though Ekweremadu, who presided over the session explained that the amendments of the two laws are not intended to influence the trial of Saraki at the CCT, observers feel that he was being economical with the truth…While many are anxiously waiting to see how the amendment would favour the embattled senate president, tongues are already wagging in some quarters with many feeling that the amendments are instigated to provide an escape route for him

President of the Senate, Dr. Bukola Saraki and his deputy, Ike Ekweremadu in a chat during plenary

C15 LFN 2004 (Amendment) Bill 2016,” was sponsored by Senator Peter Nwaboshi (Delta North). In his lead debate, Nwaboshi said the bill was conceived to save Nigerians and Nigeria from overzealous politicians, who will always use CCT to go after perceived enemies and settle some differences. He added that the process was ensure that anyone, who appears before the CCT was given a fair hearing.

“The amendment of Section 3 of the CCB and CCT is to give every public officer appearing before the bureau fair hearing as provided for under Section 36 (2)(a) of the 1999 Constitution,” he said.

Specifically, the amendments proposed in the bill are: “The functions of the bureau shall be to (a) receive assets declarations by officers in accordance with the provisions of this Act; (b) take and retain custody of such assets declarations; and (c) examine the assets declarations and ensure that they comply with the requirements of this Act and of any law for the time being in force if otherwise the bureau shall invite the public officer concerned and take down his statement in writing; “(d) receive complaints about non-compliance with or breach of this Act and where the Bureau having regard to any statement taken or to be taken after such subsequent complaint is made, considers it necessary to do so, investigate the complaint and where appropriate, refer such complaints to the Code of Conduct Tribunal established by section 20 of this Act and the constitution in accordance with the provisions of Sections 20 to 25 of this Act.” Also up for amendment by the senate is the ACJA. When the bill was put to a voice vote, senators unanimously voted in favour of its passage and immediately referred to the Senate Committee on Ethics and Judiciary.

The bill, sponsored by Senator Isah Misau (Bauchi Central), seeks to remove CCT from the list of courts saddled with powers to initiate criminal proceedings against accused persons.

Highlighting the exclusion of CCT among courts with powers to initiate criminal proceedings, the bill states that “the provisions of this Act shall not apply to a court martial and such other courts or tribunals not being courts created and listed under Section 6(5) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.”

Though Ekweremadu, who presided over the session explained that the amendments of the two laws are not intended to influence the trial of Saraki at the CCT, observers feel that he was being economical with the truth.

While many are anxiously waiting to see how the amendment would favour the embattled senate president, tongues are already wagging in some quarters with many feeling that the amendments are instigated to provide an escape route for him. To them, the only amendment that makes sense is that which removes the CCB from the office of the SGF, adding that the other two, according to them are for selfish reasons. People are therefore asking the senate some salient questions like, why should a law be made because of an individual? At what point did the lawmakers realise that the CCB/CCT and ACJ Acts are defective? Is false declaration of assets not a ploy to steal public funds? Is the offence not corruption. So why should it be treated separately from others prosecuted at the conventional court?

Analysts therefore believe that what is currently playing out in the senate is not different from what happened in 2008, when the Court of Appeal thwarted the effort of the Economic and Financial Crimes Commission (EFCC) to arraign former Governor of the Delta State, James Ibori for corruption in Kaduna, which is outside his state.

Recall that while delivering judgment in the appeal filed by Ibori, the court robbed the Federal High Court of its ‘one jurisdiction status’ to try any case committed against the federal government in any part of the country.

The appellate court in its judgment, asked the Chief Judge of the court to reassign the case to where Ibori committed the offence.

This made the Federal High Court to be built in Asaba within three months and after about two sittings, the case was dismissed and Ibori was discharged. The decision of the Court of Appeal later became a reference for other former governors and suspects, who are today tried outside their states and who want their cases to be transferred to their home states for obvious reasons.

Following this, analysts are of the view that allowing the senators to have their way now with the current amendments would spell doom for the fight against corruption in the country. They argued that knowing the penchant Nigerians have for taking advantage of any loophole in the country’s laws, the war against corruption is as good as dead.

For instance, a public affairs analyst, Chukwuemerie Uduchukwu, faulted the timing, objective and speed given to the bills by the senators, contending that attempts to amend the two laws is nothing but a mockery of the country’s constitution. He said it was unfortunate that despite the current difficulties that Nigerians are facing, the senators decided to turn their chambers to a national house of comedy.

Uduchukwu lamented that at a time Nigerians were expecting the senators to give priority to drafting and sponsoring bills that will make positive impact on the economy especially on the prevailing forex crises, the lawmakers have decided to embark on a wild goose chase, sponsoring and allowing a bill that seeks to weaken and frustrate the activities of CCB/CCT and other institutions established to discourage corruption and prosecute individuals suspected to have made false asset declaration.

NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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T H I S D AY • TUESDAY, APRIL 19, 2016

ONTHEWATCH

In Edo, Obaseki Battles Obaseki Ahead of the September 10 governorship election in Edo State, two governorship aspirants from the Obaseki family in the ancient Benin Kingdom – Dr. Don Pedro Obaseki and his cousin, Mr. Godwin Obaseki – evidently have their eyes on the All Progressives Congress governorship ticket and it is not clear yet who will get it. Shola Oyeyipo writes

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ong before the Independent National Electoral Commission (INEC) announced the September 10, 2016 date for the Edo State governorship election, the undercurrents have shown that the election would be very intriguing as each day passes and with each aspirant getting ready for the party primaries.

The issue of a renowned media guru, Nollywood pioneer, University lecturer, Edo State cultural ambassador and a brilliant young man, who holds a Masters’ degree in Business Administration and two Doctorate Degrees, Dr. Don Pedro Obaseki and his older cousin, Mr. Godwin Obaseki will surely be of interest, not only to the Edo State people, but every watcher of the election.

The aspirants, who are from the same family are vying for the All Progressives Congress (APC) governorship ticket amidst widespread rumour that Governor Adams Oshiomhole might have endorsed the senior Obaseki, Godwin, who is the chairman, Economic Team of Edo State Government, as his preferred governorship candidate for the APC. The rumour was heightened some weeks back, when some leaders of the APC told their loyalists that Godwin Obaseki was the governor’s preferred candidate and urged them to key into it. Since then, there had been a kind of concerted effort by other aggrieved aspirants to frustrate his emergence at the primaries.

But irrespective of the support Godwin is alleged to be getting from Governor Oshiomhole, Don Pedro, talking with journalists in Lagos about his ambition, vowed to pick the APC ticket in the primary. He insisted that the primary must be free and fair, noting that where the APC makes a mistake of conducting a disorganised primary, the party risks losing the state to the Peoples Democratic Party (PDP).

Defending his resolve to slug it out against Godwin, Don Pedro does not consider his insistence of challenging his cousin as any impediment for the family. First, he maintained that he was actually the preferred candidate of his family and that he has always enjoyed a relatively more cordial relationship with the people of the state than Godwin.

“I want to make it clear that it was after due consultations with my corporate family that I declared my intention to run for the governorship of Edo State. My family, at a well-attended festival in our patriarch’s palace in Benin on September 9, 2015 endorsed my ambition. And my cousin, Uncle Godwin happens to be my major supporter and I asked him to take me to Governor Oshiomhole because they are close.

“It was on the day (September 24) that he was supposed to take me to the governor that he told me that he was also running for the governorship. My family is not divided and this is not an election, it is a party nomination.

If Uncle Godwin wins and he feels he needs my support, I will support him but I beg him to also support me if I win because I will need his support,” he said.

To him, contrary to the insinuation that Governor Oshiomhole is favourably disposed to his cousin, the governor has no preferred candidate. Aside that, he feels the governor is much more politically savvy and knows the thinking of an average Edo person and as such, would not insist on any one particular aspirant.

“The governor is not favouring anyone. He keeps saying that no man is God and that it is a game of one man, one vote. The governor is not a product of godfatherism, so he won’t subscribe to that. So, I say bring it on because I will defeat all the aspirants on the field,” and on the allegation that the leadership of the APC in Edo State is plotting to doctor the delegates list to favour a particular aspirant in the primaries, he said “That is not true.

“I was at a meeting with the other aspirants

Godwin Obaseki

and the national leadership of the party made it clear that the rules of the game cannot be changed. APC is different from the PDP. In the PDP, the governors are the political leaders of the party in their respective states but in the APC, the state chairmen of the party are the political leaders. So, the primary election in Edo State is not going to be at the beck and

My cousin, Uncle Godwin happens to be my major supporter and I asked him to take me to Governor Oshiomhole because they are close…It was on the day (September 24) that he was supposed to take me to the governor that he told me that he was also running for the governorship. My family is not divided and this is not an election, it is a party nomination. If Uncle Godwin wins and he feels he needs my support, I will support him but I beg him to also support me if I win because I will need his support

Don Pedro Obaseki

call of the state government apparatus. It is the national headquarters of the party that would conduct the poll.

“So, I am not scared as we were told during the meeting that nobody who is not a delegate as at the time of the last convention would be a delegate during the forthcoming primaries because the Edo governorship election is actually a postponed 2015 poll and as a result, new rules cannot apply. It was also agreed that if a delegate is dead, he can only be replaced at the next convention, which would not hold before the primaries.

“If the APC allows a free, fair and credible primary election, we will go to the field to ensure victory for the party in the main election despite whoever emerges the candidate.

Nobody, no matter how big, is greater than the corporate entity called Edo State. We are a different kind of people and anyone who takes us for granted is taking a big risk.”

He felt that it would be politically suicidal for the leadership of the APC to toy with the will and aspiration of the people of the state during the primary, particularly with the PDP lurking around the corner to take advantage of any slight discord in the APC. He therefore suggested that instead, it will be better to sustain the goodwill that Governor Oshiomhole had secured for the party by allowing the people elect their preferred APC candidate at the primary, stressing that it is only after then that Edo State can fully become an APC state.

“To say that Edo State is an APC state is to be economical with the political truth but I can leverage on the successes of Governor Adams Oshiomhole to win the state for APC. I call him the ‘Moses of our time’ because he had to fight Pharaoh. Edo’s political space before now was like living in Egypt but Oshiomhole’s coming took us across the Red Sea but I believe that I am the Joshua, who will lead the state to the promised land.

“I want to say this so that the governor can be mindful of what he is doing. In 2015, out of the three supposed candidates of the governor in the senatorial election, two lost. Senator Francis Alimikhena won in Edo North by a slim margin.

That does not show an invincible governor.

“Also, the days of money politics or what some people refer to as stomach infrastructure are over. President Buhari proved this in the

last elections. If money determines who wins election, former President Goodluck Jonathan would have won that election.

“Edo people are tired, not tired of the party but tired of the recycled and reshuffled ideologically bereft politicians. Those who are running for the governorship in the APC today, apart from one or two, are former members of the PDP, while those running in PDP are former APC/ Action Congress of Nigeria (ACN),” he noted.

He has also said repeatedly that he does not have the financial war chest as some others in the race but that his motivation for joining the race was as a result of his belief that the state is on the throes of a motor park democracy and the urgent need to change the way things are done. On where he is getting the political support to join the race, he said: “I don’t have a godfather; my ambition is being funded by the people of Edo State and my campaign billboards have my bank account number on them. So far, contributions have come from not less than 17,000 people and that is something quite different.

“It is a new way of doing things. I have been to so many countries, talking to Edo people in Diaspora because they are the single largest investors in the state as a bloc in terms of remittances back home. The difference between other aspirants and I is the package I have for Edo people. Even when some of them have made a plethora of promises, the question is: How do they intend to realise them and what is the difference between what they are offering and what we had prior to now.

“I want to reiterate this. Only God anoints.

I am not rich in the interpretation of the billionaire space in Nigerian politics but I am very wealthy. I am wealthy in the sense that I am wealthy in ideas and belief. So, I believe that I alone among the army of aspirants in the APC have what it takes to make the party win Edo State,” he said assuredly.

If Don Pedro wins the APC ticket as he vowed to do, his campaign thrust would be hinged on an acronym, EDO, which he says would encompass empowerment, development and opportunities.

NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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T H I S D AY • TUESDAY, APRIL 19, 2016

UPDATE&TRENDING

Bayelsa APC’s Internal Crisis Deepens

The crisis within the leadership of the All Progressives Congress in Bayelsa State is not one to go away any time soon, writes Segun James

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o say that things aren’t going on well with the All Progressives Congress (APC) in Bayelsa State would be stating the obvious. The crisis now rocking the party has been simmering on the background for some time and every effort made by party leaders in the state to contain it has been to no avail as it burst open last week.

The state chairman of the party, Chief Tiwei Orunimighe in an outburst had alleged that a former governor and the party’s candidate in last year’s governorship election, Chief Timipre Sylva was collecting money from non-party members in the state to nominate them for federal appointments.

Tiwei in company with the state secretary of the party, Daniel Marlin went further to place four members of the state working committee on suspension for their loyalty to the former governor. However, incensed by the action of the party chairman, 18 of the party’s state executive committee, who were angry that the chairman took such a weighty decision as suspending four of them without consultation came out to denounce the purported suspension.

In a statement by the state publicity secretary, Panebi Fortune, the 18 stated that, “At an emergency State Executive Committee meeting held today, 1st of April, 2016, the following decisions were reached: That cases of Gross Misconduct, Financial Embezzlement, and Antiparty Activities have been brought against the State Chairman of the party, Chief Tiwei Orunimieghe, the Deputy State Chairman, Mr. Eddi Julius and the State Secretary of the party, Mr. Daniel Marlin.

“The Bayelsa State Chapter of the party, this day, therefore places the aforementioned individual on an indefinite suspension pending the conclusion of the investigations. In the interim, the Senatorial Vice Chairman, Mr. Joseph Fafi and Mr Alabo Martins are to act as Acting State Chairman and Acting Secretary respectively.”

But the chairman in a statement dismissed his suspension, saying as a member of the national executive committee of the party, his suspension is beyond the state party. In a surprise move, Tiwei instead suspended Sylva from the party.

He went further to give reasons for the crisis the party.

Tiwei accused Sylva of selling nominations for federal appointments to non-party members to the chagrin of the party and its members.

He said Sylva had promised that the days of “monkey dey work, baboon dey chop” are over, but they were surprised that he had gone contrary to his promises, leaving the members angry and bitter.

The Sylva group dismissed the allegation, saying Tiwei and “his gang” were indeed being sponsored by Governor Seriake Dickson in a bid to frustrate Sylva’s case against him at the election tribunal. Sylva, in a statement by his media adviser, Doifie Buoboriko cautioned Dickson to desist from his efforts to destabilise APC in the state through the circulation of falsehood and the sponsorship of disaffection in the party.

Sylva accused Dickson of using some “discredited and suspended” officials of APC in the state as moles to try to cause internal disaffection and blackmail the party and its leaders.

He warned that Dickson’s devilish conspiracy against APC will always be exposed and demolished, saying it is an effort in futility, as he will eternally fail in his attempts to dissuade key members of the party.

“Of late, Dickson and his party, Peoples Democratic Party, have re-enacted their pastime of spreading falsehood about APC and its leaders in Bayelsa State and trying to create dissension where none exists. They had tried that before and during the last governorship election in the state. When they failed miserably, they turned to forces external to Bayelsa, but inside the election management body and armed militia community, which they used to steal the people’s votes.

“After he was awarded victory, one would have thought that a man, who ‘won’ election would concentrate on governance. But Dickson

Sylva and Dickson...the rivalry continues

would not. Living under the shadow of fear of losing the stolen mandate, since APC filed a petition at the election tribunal, Dickson has applied every available mischief to try to destabilise the party and blackmail its leaders.

“They have now procured the services of some discredited officials of APC, who were suspended recently. These renegades are being used by Dickson and PDP to spread wild, unsubstantiated allegations against Sylva and the Minister of State for Agriculture, Senator Heineken Lokpobiri.

“Fabricating stories about Sylva and APC has proved to be more than just a passing fad for Dickson. It has become policy – the only ostensible policy of the administration since his swearing-in.” He cried that an “email from Dickson’s media aide, Daniel Markson (dmb2co@yahoo.com) to some reporters on Sunday, April 3 at 16:24 hours, clearly showed how the Dickson government throws caution to the wind in its haste to blackmail APC. “Dickson, who has since been awarded victory at the governorship election manifested understandable nervousness on the governorship seat. But there should be a limit to anxiety. He should stop his mission in futility and await

To say that things aren’t going on well with the All Progressives Congress (APC) in Bayelsa State would be stating the obvious. The crisis now rocking the party has been simmering on the background for some time and every effort made by party leaders in the state to contain it has been to no avail as it burst open last week

the outcome of the electoral courts. Neither his nervousness nor his current mischievous publications can stop the wind of justice that is about to blow him out of his usurped seat.”

An APC chieftain, who pleaded anonymity, said it was the unbridled ambition of Tiwei to be made the deputy governorship candidate of the party that was responsible for the present face-off. According to him, Tiwei has been bitter since he was denied that position by Sylva.

He said that has been the real issues since the nation was “inundated with the dance of shame by some disgruntled party executives of the Bayelsa State APC’s greed and inordinate ambitions”.

“While many have expressed shock over the wild allegations these avaricious self-seekers have made concerning His Excellency, Chief Timipre Sylva, some of us close observers are not the least surprised. “The telltale signs have always been there, but for the love of the party and with a bigger picture in mind, the excesses of these ignoble actors were overlooked. Not without some chastisement though, like a leopard whose spots can never change, the unbridled cupidity inherent in these fellows has become evident for all to see.

“Let me state it expressly here, in this business, loyalty is key. As a matter of fact, in the school of leadership, loyalty is a major course to be passed, if there must be an upward progression.

You can never be promoted if you fail this major course. You may even get axed from a system, if you are discovered to have failed this all important course.

“We are aware of the nocturnal meetings between the gang leader, Tiwei Orunimighe and the Bayelsa State Governor, Henry Seriake Dickson and that Tiwei wasn’t working alone.

Who would handsomely reward such unstable characters, who hobnob with your adversaries?

“Double dealing is a clog in the wheel of progress. You can never get far with it as it is bound to boomerang somewhere along the way. Mind you, loyalty in this context must be absolute, not partial or half-hearted loyalty, and oftentimes, your loyalty is tested, thus, you need a persevering spirit to excel in this course.

“Now, let’s critically examine the case brought before the court of public opinion, the very case these protagonists want President Muhammadu Buhari to look into. The allegation leveled is double barreled, and I implore all to join me in analyzing these issues, so as to help us unravel the truth. We were told that His Excellency, Chief Timipre Sylva has merchandised the appointive slots reserved for Bayelsa State. Such

lie makes the heavenly ordained principal of lie to quiver in hell.

“The Minister of Agriculture and Rural Development’s appointment as at when it was given was a masterstroke that created pandemonium in the opposing party. Senator Heineken Lokpobri’s choice was purely borne out of political consideration given his pedigree.

“We were also lied to, that Sylva is getting appointment for non-party members. This is perfidy in an unadulterated form. Now, on the list of five persons that have made some people become overnight sufferers of insomnia, let’s quickly take a peep at them and also weigh their financial muscle to ascertain if there’s any validity in the claim of Sylva’s accusers. We shall also see if those on the list are unworthy of being on the said list.

“Who in his right senses would say Sir Tonye Okio is not a member of the APC? He is the state organising secretary of the party. This is a man, who has stuck with his boss through thick and thin and even suffered incarceration, when he was arrested and imprisoned on the order of Dickson for his unflinching loyalty.

What is wrong with rewarding his steadfastness?

Secondly, it is ludicrous to even imagine that Sylva would require some financial inducement from a man who is more or less like a son to him. What has Tonye Okio got to offer Sylva financially?

“Another name on the said list that gladdens my heart is that of Doifie Buokoribo. This man is a rare breed, when you talk about loyalty.

He stood with Sylva when it wasn’t convenient to. Weathered the storm with Sylva even at a time when Sylva was ostracised by those he least expected. Doifie was Sylva’s Chief Press Secretary, and went ahead to be his media adviser after Sylva left office. A thorough professional journalist, what does he have to offer Sylva monetary wise? And what is wrong with giving Doifie an appointment?

“The name Julie Okah may not ring a bell with the Bayelsa State APC family, but she has been there with Sylva all along – served as his executive assistant when he was governor, and has remained with him through his trying period.

She went back to her law practice after Sylva left Creek Haven, but she has never faltered in her loyalty. She toured the state with him during the campaigns. She is a bonafide member of the APC. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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T H I S D AY • TUESDAY, APRIL 19, 2016

PERSPECTIVE

Impunity and the Death of Conscience Akinyinka Akinnola thinks the revelations from some of the cases of corruption allegedly perpetrated during the Goodluck Jonathan years are startling Putting aside the act and the scale, what is even more confounding is the way and manner things were done going by reports. It is obvious, that not only did most actors not consider that there could ever be checks or investigations in the future. Caution was thrown to the wind. No bother to even “create” a paper trail

Dasuki and Jonathan...the duo that disbursed the arms deal funds

I

t was a new day in the history of offence, the gravity, the scale, beyond immense. A nation imbued with unusual patience, seething and heaving, mightily incensed. Recent revelations with regards to the past goings on at the office of the National security advisor, though shocking are only a light into the overriding thinking that participation in governance either by election or selection is an avenue for acquiring stupendous wealth.

Over the years, corruption on a large scale has been allowed to flourish, thereby fuelling even greater and more brazen acts. We didn’t get here in one day; for God and for the country – professionalism’s quintessence – the supposed model of patriotic excellence, all this to think in our defence, a heightened form of the highest pretence.

Whilst tales of corruption are not new in Nigeria, even though the current scale if proved correct is on a scale probably never seen before, what has unsettled most people is that it has transpired in one of the nation’s most revered institutions, and ultimately, one responsible for our security and defence.

Nigerians, like most developing countries in Africa, the middle east and indeed south America, have a long history of political intervention by the military for good or bad, but are enamoured by their discipline, courage and strength. The spit shine boots, the starched uniforms the swagger and general “action man” syndrome; Nigerians generally respect their military institutions.

It was with unease, thus, that most people watched the military leadership in the past dispensation with their designer watches, official luxury cars and physiques that may be considered “prejudicial to military discipline”.

There is a need to restore the nation’s confidence in this institution. Our military has a lot of work to do.

Custodians of our commonwealth, as if in animated suspense, the power of their office took as licence. But none can escape posterity’s luminance, the sustained quest for recompense.

Putting aside the act and the scale, what

is even more confounding is the way and manner things were done going by reports.

It is obvious, that not only did most actors not consider that there could ever be checks or investigations in the future. Caution was thrown to the wind. No bother to even “create” a paper trail.

Procedures, documentation, evaluation etc – nothing – just disbursements! Elder statesmen, senior party officials, government appointees, office minors etc, the visitors to the bazaar were as varied as they were shocking.

Payment for prayers to God must ascend, supplications on the mount of irreverence, seeking Gods face, a spiritual reference, they must now offer prayers of penitence.

It’s been said that Nigeria is one of the most religious nations on earth – Churches and Mosques everywhere. When situations call for serious deliberation and action, leadership calls for prayers instead. With the trooping of religious leaders to the seat of government prior to the 2015 elections, one was tempted to appeal for the “separation of the church/ mosque and state.

That anyone could enter “special prayers” into a voucher for disbursement, goes to show how thick skinned we as a nation have become as to what religion really is.

The fact that some people actually believe that special prayers can be procured with money and then go as far as documenting it, as a valid expense item is simply mindboggling.

I can only imagine the halo around the head of the one who filled the voucher and the radiance of his face as he performed this great spiritual action for the intervention of the divine in the affairs of the nation. Thankfully, most of us know that God does not accept cash regardless of the currency. The currency of greed – dollars and cents – alternating only for pounds and for pence; O mighty naira, how thou art fallen, your princes disdain you as mere tuppence.

A former central bank governor had one decried the “dollarisation” of the economy.

Highbrow luxury apartments were rented out

and sold in dollars, restaurants and hotels were paid for by patrons in dollars as it was easy to carry around. The greatest source for dollarisation of the economy however was corruption.

Unconfirmed revelations of dollars being given to people in cash by a sitting government and then converted back to naira bends the imagination. A high ranking elder statesman once accused of receiving NSA loot quickly chimed in defence that it was only a small amount of the total dollars that came to his own purse.

That was his defence. Is it possible that a man, who has held so many high offices does not know that the currency of exchange in Nigeria is the naira? Such is the level of the dollarisation of the economy. Compensation for property lost and burnt, a loss adjuster our ministry of defence? Purveyors of truth, guardians of the fourth estate, has your pen been sullied by lucre’s essence?

As laughable as the reasons postulated for the disbursement of funds are, they meet their match h in the various defences that have been put forward for the acceptance of funds. Of all these, non is as interesting as the claim that funds from the office of the national security advisor were for compensation for the losses incurred by fire etc of a private organisation.

Had the various mosques and churches burnt and blown up known this, rather than plead with their congregations and outside help for funds for medical and funeral bills for their affected congregants and to rebuild their places of worship, they should have just approached the ONSA for compensation.

In funding elections, the clear intent is for millions and billions to bright, dim and dense.

The stories are out on how it was spent, yet doesn’t matter; it won’t make sense. I recall that under the zero party option during the Ibrahim Babangida regime, government was to fund both parties equally as they vied for success at the polls. Somehow, this memo was never superseded in the minds of some as they seem to still operate within its parameters.

The only thing is the fine detail of the source

of funding, the amount and that it should be available to all parties seem to have been overlooked. How does one take money out of the purse of the federal government in such colossal sums and then hand it over to individuals (not even institutions) to pursue an election in a state for which the funds disbursed are far in excess of that state’s annual capital budget.

Pray, setting aside all morality or legality, what kind of requisition of electoral needs could have resulted in such figures particularly in states where a lot of citizens have never seen 1000 naira in one place at once.

The men in black call for a conference “let’s talk it over, no need to be tense. Talk to us, let it all make sense. We’d like to know where the money went”.

No matter how well trained the investigative officer, and the seriousness of the task at hand, it shall be difficult to keep a straight face when faced with some discoveries. In this age of technology, the money trail is never cold. It is clear that no one imagined an investigation like this could come to pass.

Property all over the world, cash in accounts of spouses and direct relatives or companies in which their names were listed, Professional money launderers were put out of business.

Moral of the story? If you must steal, do it professionally.

The searchlight is on. It beams intense; calls for the truth with insistence, through wig and gown, they build a fence, to delay the day of recompense. It’s a good time to be a lawyer. Not only is there an abundance of high profile cases, with clients that have the capacity to pay, the observation of the “rule of law” ensures that this will go on for a while.

CAVEAT EMPTOR – fees paid may have to be returned, as they may be recalled due to questionable sources as “exhibit”.

Is this the time of our preference, when judgment is swift with a following sentence?

Or will it be enveloped by indifference, the showing of “big men” great deference.

-Akinnola, a PDP chieftain, wrote from Ondo

20

TUESDAY, APRIL 19, 2016 • T H I S D AY

FEATURES

Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com

When a Bundle of Joy Became a Burden When the journey of childlessness in a marriage ended with a multiple birth of quadruplets, a family in the midst of their joy, still had to call on kind-hearted Nigerians to come to their rescue, Peace Obi writes

T

he intrigues of life have remained a puzzle that even the wisest men and women are yet to solve. And neither has the ever-advancement in science and technology, nor religion with its spirituality to decipher the pattern and the direction the wind of life will always go.

Characterised by such 'bizzare' happenings like while some are smiling, celebrating and popping champagne in acknowledgment of things working in their favour, others at the same time-frame are mourning and counting their losses.

And the simple explanation will always be that life treats people differently! The above descriptions tell the story of a couple in a way. That while they prayed and anxiously waited for an end into the journey of childlessness in their marriage, that even when it eventually ended, the result has turned out to be a heavy weight on the couple's lean shoulders.

For Mr. Nnaemeka Simon Nnamani and Mrs. Ifeoma Nnamani, it took 15 years to have a real experience of parenthood. For the couple, the joy of cuddling and having the children they can call theirs remains an experience that they lack words to express.

But right in the middle of their joy and celebration of crossing the bar of fruitless marriage to being proudly parents of four children from a multiple birth, lies the pang, pain and difficulty of fending for these four wonderful children that brought the reproach of childlessness to an end in their lives. The couple's situation reminds one of the nursery prayer rhymes often sang when the school children want to observe their lunch break "some have food but cannot eat, some can eat but have no food..."

However, the family has on its own, a unique experience to share - the uncommon feat of exclusively breastfeeding the quadruplets with breast milk for the first six months of the infants' lives. Presenting the family at a press conference organised by the Colostrum International, the General Secretary, Mr. Ayo Dahunsi in a brief remarks noted that the essence of the day's event was to showcase the possibility of practicing exclusive breastfeeding even when it concerns multiple births.

According to Dahunsi, it is an issue a lot of people have argued and said that it is not possible to achieve. "But today, we are presenting this family for support and encouragement to people out there who are faced with similar circumstance. It is also to appreciate the fact that it is quite possible to practice exclusive breastfeeding even when they have multiple births circumstance”, Dahunsi assured.

The Project Co-ordinator, Colostrum International, Dr. Bunmi Ogundimu reiterating the NGO's commitment to the propagation of exclusive breastfeeding as a fundamental tool for child survival and development, said, "We appreciate the benefit of breastfeeding first to the child, then to the mother, the family and to the nation as a whole. Because with breastfeeding, the total being is made."

Buttressing some of the benefits of exclusive breastfeeding, Ogundimu said, "Breastfeeding has been proven scientifically to afford children the best growth of their brain and this is why you will see that breastfed children have very high intelligence, they are always very sharp, strong, and alert. These are the quality of people we need in this nation”, she enthused.

Speaking further, the Project Co-ordinator noted that "the efforts of the breastfeeding mothers are appreciated by Colostomy International. And so, when we heard that

Nnamani and his wife, Ifeoma, with the surviving quadruplets, Joseph, Benjamin, Leonard and Mary

God blessed this family with five children at a time, we immediately saw our duty in the situation and we visited them and encourage them.

"What we are saying is that breastfeeding a single child may be easy, it may not be easy for twins, that is a bit more difficult for triplets but when we are talking about four

But right in the middle of their joy and celebration of crossing the bar of fruitless marriage to being proudly parents of four children from a multiple birth, lies the pang, pain and difficulty of fending for these four wonderful children that brought the reproach of childlessness to an end in their lives

or five babies, then it becomes a challenge.

And they really need to be supported.

"This family here, actually did exclusive breastfeeding for all their children and the evidence is before all of us here. They are healthy-looking, they are strong, they are alert; their brain function is as expected as a human child, because the mother has made the sacrifice."

Ogundimu who said the reason for pushing Ifeoma Nnamani's story to the public on how she practicalised exclusive breastfeeding for her four surviving children is because "it is going to be an encouragement to all mothers, especially those who feel that breastfeeding is a task, that they cannot do it and that they don't want to do it."

Sharing her exclusive breastfeeding experience for her quadruplets, Ifeoma said that the determination and encouragement started from the doctors that coordinated the delivery of the children through caesarean operation in California, United States of America. According to her, the doctors encouraged her to procure a breast pump to make it easier for her to express enough breast milk for the children.

"It wasn't that easy for me. When the Colostrum International heard about the story, they came to our rescue because it wasn't easy for the family. They supported me and advised me to stick to exclusive breastfeeding for the four surviving children.

And ever since then, they have been supporting the family with a monthly package, in fact they have been of tremendous help to the family.

"Though the children are 14 months now, I am still breastfeeding them. They have not been to hospital for any sickness. I am using this opportunity to advise mothers even the one that had five children recently in Ibadan to feed their children on exclusive break milk, because it makes them to be healthy.

“Many people are coming to my house to see how the children will look like. For some, they think they will be very tiny but when they come and see how healthy they are looking, they will be shouting and asking me how manage?

But given the fact that the children's demand for food, health, education, among others increases along with their age. And more importantly, now that the exclusive breastfeeding is over, the Nnamani's joy of being blessed with four children in a single maternity after 15 years of childlessness is seemed to be threatened by the family's lack of financial capacity to cater for their bundle of joy.

Crying out for help to people with milk of human kindness to come to the family's aid, Ifeoma said, "I am using this opportunity to appeal to Nigerians to kindly help me, it is not easy for the family. Parents know what it takes to take care of a single child, not to talk of the burden of taking care of four children. I am using this platform given to me by the Colostrum International to appeal to Nigerians to kindly help me."

For Mr. and Mrs. Nnamani, June 2014 will remain indelible in their mind - when Ifeoma was confirmed to be pregnant with her babies. For them, it marked the beginning of the journey into their change of identity that was crowned on December 11, 2014.

The once known and addressed as barren couple by reason of a single maternity that produced five babies became Daddy and Mummy of the four surviving children - three boys and a girl. "It wasn't that easy for me. I waited for 15 years believing God for the fruit of the womb. June, 2014, God answered me, I conceived and was delivered of five children on December 11, 2014 but one did not make it."

The battle for the survival of the mother and the then unborn children took the Nnamanis out of the shores of this country

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• T H I S D AY TUESDAY, APRIL 19, 2016

FEATURES

Nnamani with his four kids

through the help of relations, friends and well wishers. Narrating how the family mobilised the fund with which they procured the visa and other logistics to travel to the United States for the delivery, Ifeoma said, "Due to my health condition, the doctor at Cupa Hospital, Ajao Estate where I registered for antenatal, advised me to seek medical attention outside the country. But the cost was just too much for my family to bear. I was also referred to LUTH but when I was told that we should prepare our mind for a 50:50 outcome, I resorted to a specialist hospital in Abuja - Deda Specialist Hospital, Gwarimpa. There, the specialist, Dr. Onuh after assessing the situation, reiterated the need for us to pursue the option of going abroad."

The 43-year-old woman, who presently works with an electricity company (Ikeja Electric) in Lagos, told journalists that everything about the conception and delivery of the children remained a surprise to the family. According to her, the pregnancy did not come until they have resigned their fate to God after several attempts through

I am using this opportunity to appeal to Nigerians to kindly help me, it is not easy for the family.

Parents know what it takes to take care of a single child, not to talk of the burden of taking care of four children. I am using this platform given to me by the Colostrum International to appeal to Nigerians to kindly help me

The quadruplets

fertility treatments to conceive failed them.

"With the help of the specialist in Abuja, we got the necessary links and connection that facilitated the eventual visit to the US for the delivery of the babies through a caesarean operation.

"And also through the help we got from kind-hearted people, my husband and I traveled to California for the delivery. I had them at six months through a caesarean operation. But along the line, we ran out of cash after the delivery, because the babies were kept in an incubator for a month and three weeks (56 days) at the rate of 3,200 dollars every day. But through the insurance company we registered with,

some days were paid while we resorted to borrowing and contributions from some Nigerians over there. Even up till now, we are still owing some people that helped us. And the people are calling us to pay them their money.�

Corroborating the wife's claim and appeal, Nnamani noted that going to the public to solicit for help was something if he has a way would avoid, stressing the family condition has forced him into swallowing his pride just to avoid watching God's blessing slipped off their hands as a result of inability to meet their demands.

According to the 48-year-old Nnamani, an indigene of Akpu-Ugo in Nkanu Local

Government of Enugu State who has been out of business for some time now said, "I used to sell in Idumota but when my shop along with others was razed during 2012 December 26, fire incident, I lost everything.

Since then, I have been struggling. In fact, at the moment I am practically doing nothing because we spent the little we have to secure my wife's life and the babies.�

Nnamani acknowledging the assistance the Californian doctors and the people rendered to him and the wife, said that the US government could not come to their aid because they were not American citizens, but that President Barack Obama sent them a congratulatory card.

22

IMAGES

L-R: Director, Animal Production and Husbandry, Federal Ministry of Agriculture, Dr. Egejuru Eze; Slagelse Dairy Farm Manager, Mr. Ole Hansen and Member, House of Representatives Committee on Agriculture, Hon. Hassan Saleh, during a visit of the Nigerian government delegation to Arla Foods’ Dairy Facility in

L-R: Marketing Director, Nigerian Bottling Company, Sergio Vieira; Director, Public Affairs & Communications, Coca-Cola Nigeria Limited, Clem Ugorji; Marketing Director, Patricia Jemibewon and the Marketing Manager, Cletus Onyebuoha, during the launch of Coca-Cola’s “Taste the Feeling” campaign, in Lagos….recently

L-R: Grand Knight of Lekki Sub-Council, Johnny Ngonadi; Lagos Metropolitan Grand Knight, Charles Mbelede and the Grand Knight of Ajah Sub-Council, SKI Ilegbekhia, at the inauguration of Ajah Sub – Council of Knight of St. Malumba held at Regina Ceili Catholic Church, Bojige, in Lagos....recently.

L-R: President, University of Lagos Muslim Alumni (UMA), Mr. Akeeb Sola Oladokun; Chairman, Organising Committee, UMA 30TH Anniversary, Alhaji Mumini Alao; Special Guest of honour, HRH, Alhaji Sanusi Lamido Sanusi, Sarkin Kano and the former Lagos State Commissioner for Works and Infrastructure, Dr. Obafemi Hamzat, representing the Minister for Works, Power and Housing, during a Lecture to mark the 30th Anniversary of the Alumni, with Theme: Strategies for a Sustainable Economy and 150 million naira scholarship endowment fund, at Eko Hotel,

T H I S D AY • TUESDAY, APRIL 19, 2016

Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com

L-R: Father of the Bride, Chief Celestine Jacob; Groom’s mother Mrs. Grace Aiyedogbon; Couple, Olamide and Peace Aiyedogbon; Groom’s father, Pastor Sam Aiyedogbon; and Brides Mother, Mrs. Helen Jacob, during the couple’s wedding ceremony, at the Realm of Glory International Church Okota, Lagos…..recently ETOP UKUTT

R-L: Vice President, Ogun State Indigenes in Abuja (OSIFA), Mr. Quadri Giwa; host Senator Solomon Adeola; President (OSIFA), Dr. Kolapo Osibote; Secretary General, Mr. Kayode Odedina; and Otunba Akintoye Rasaq, during a courtesy call on Senator Adeola, by ogun state indigenes, in Abuja….recently

L-R: Acting Managing Director, Niger Delta Development Commission (NDDC), Mrs. Ibim Semenitari; Director of Finance and Supplies, Mr. Jimioh Egbejule and the Project Manager, SETRACO Limited, Mr. Senaka Rupanetti, during an inspection of Ogbia-Nembe Road. By NDDC management team, in Bayelsa State….recently

Oba of Lagos, Oba. Babatunde Rilwan Akiolu (left); with the Chairman, Lagos State Council, Nigierian Union of Journalist (NUJ), Mr. Deji Elumoye, during the State Working Committee (SWC) of the union courtesy visit to the Traditional Ruler Palace, in Lagos... recently YOMI AKINYELE

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T H I S D AY • TUESDAY, APRIL 19, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S

A S

4.4583 9.1071

A T

NITTY 1 MONTH 2 MONTH 3 MONTH

A P R I L 6.9949 7.2368 8.0819

6 MONTH 9 MONTH

Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157

2 2 , 9.2061 9.5872 10.5042

2 0 1 6

EXCHANGE RATE N197 / 1 US DOLLAR* *AS AT LAST FRIDAY

Quick Takes NIPCO’s Storage Capacity Hits 84m Litres

A NEW PRODUCT

L-R: Executive Director (Technical), Ledex Company, France,Mr. Paul Kerkhofs, Managing Director/CEO, Cited Development Limited, Captain Dayo Ogunleye, and Executive Director (Finance), Selective Security Limited, Mrs. Toyin Obilana during the public presentation of E40 intelligent and ping pong light bulb in Lagos...recently.

Gas Supply: NNPC, Total Invest $5.7bn on OML 58 Upgrade Projects Ejiofor Alike Total Exploration and Production (E &P) and the Nigerian National Petroleum Corporation (NNPC) are investing $5.7 billion to upgrade the Oil Mining Lease (OML) 58 production facilities in order to boost domestic power supply in the country and meet federal government’s gas flare out policy.

Total is the operator of the NNPC/Total joint venture handling the OML 58 upgrade projects.

The Managing Director of Total E & P, Mr. Nicolas Terraz told journalists during a recent facility tour of the projects that $5.5 billion had already been spent.

According to him, the

ENERGY projects, which constitute the OML 58 upgrade includeOgbogu Flow Station (OFS); Field Logistics Base (FLB); Obite Treatment Centre (OTC); Obite, Ubeta, Rumuji (OUR) pipeline and the Northern Option Pipeline (NOPL).

Terraz said the OML 58 upgrade projects were essentially designed to boost gas supply for both industrial and domestic use, and increase deliveries to the Nigerian Liquefied Natural Gas (NLNG) in Bonny Island.

The Total boss revealed that the upgrade of the 50-year old Ogbogu Flow Station oil treatment plant to increase production and improve safety, was a major challenge for the

project team, adding that with the discovery of a network of underground pipes, the teams had a major obstacle to investigate the entire underground of flow station and finalise the designs.

Speaking on the NOPL, Terraz said the 300 million standard cubic feet per day of gas capacity NOPL, which would deliver 100mmscf/d of gas to Alaoji Power Plant, is a pipeline network that transverses 76 communities from Rumuji in Rivers State to the treatment plant in Owaza area of Imo River in Abia State.

According to him, the NOPL takes gas from the 42-inch 45km OUR pipeline at Rumuji through Obigbo to treatment plant at Owaza through a total of 50 kilometres, where the gas feeds into the facility of the

Nigerian Gas Company (NGC), a subsidiary of the Nigerian National Petroleum Corporation (NNPC).

The 24-inch NOPL is a $900 million project, which will also supply feedstock to Alaoji Power Plant, Indorama and a fertiliser plant, as well as impact industries in Aba and environs via gas delivery by the NGC. Terraz said the investment was a demonstration of his company’s support for the federal government’s aspiration on gas utilisation and improvement in power supply.

According to him, the project, which will be completed in July this year, also demonstrates Total’s commitment to and compliance with the Nigerian Continued on page 24

New Initiative to Transform Agriculture in Africa Launched Crusoe Osagie More than 200 research and development partners and experts, last week, met at the International Institute of Tropical Agriculture (IITA), Ibadan to unveil an initiative that will transform agriculture on the continent and ensure that Africa is able to feed itself through agriculture. Discussions at the three-day workshop were on a new initiative known as “Africa Feeding Africa” or the Technologies for African Agricultural Transformation (TAAT) programme.

According to the organisers, the major goal of the TAAT

AGROBUSINESS Programme is to eliminate extreme poverty, end hunger and malnutrition, achieve food sufficiency, and turn Africa into a net food exporter as well as set Africa in line with global commodity and agricultural value chains. It also plans to adopt modernised, commercial agriculture as the key to transforming Africa and the livelihoods of its people, particularly the rural poor.

To carry out these objectives, the African Development Bank (AfDB), working with IITA and other partners, has identified eight priority agricultural value

chains relating to rice sufficiency, cassava intensification, Sahelian food security, savannas as breadbaskets, restoring tree plantations, expanding horticulture, increasing wheat production, and expanded fish farming.

The Forum for Agricultural Research in Africa (FARA) and the CGIAR Consortium and 12 of its 15 international agricultural centres active in Africa support this initiative by the Bank and the co-sponsors to revitalise and transform agriculture through the TAAT programme within the shortest possible time while restoring degraded land and maintaining

or strengthening the ecosystems that underpin agriculture. The workshop was organised

by IITA in partnership with the Support to Agricultural Research for Development of Strategic Crops (SARD-SC) project for the African Development Bank, which is funding this mega initiative.

The identification and preparation workshop is a preliminary step to establishing and operationalising the programm. The workshop is a response to the Action Plan for Agricultural Transformation in Africa resulting from the AfDBContinued on page 24

Managing Director of NIPCO Plc, Mr. Venkataraman Venkatapathy has said that the company has made a significant investment in the hydrocarbon industry by expanding its storage capacity to 84 million litres to boost the company’s efforts at meeting the needs of stakeholders at all times.

Speaking on the sidelines of the company’s 12th Annual General Meeting [AGM] held in Abuja, the NIPCO boss said the new investment led to the construction of additional tanks for storage of white products .

According to him, the new storage facility can store 34 million litres of petroleum products, a feat that would drive the company to further consolidate the company’s leadership role in the downstream.

The MD affirmed that going into construction of new projects at this time is a vindication of the company’s belief in the resilience of the Nigerian economy, stressing that even though this is a very challenging period in the nation’s history, the company is still upbeat of better days ahead.

He told the exited shareholders that with the additional storage, the company’s storage capacity for petroleum products has now increased to 84 million from the erstwhile 50 million litres, thereby enhancing her capacity to take deliveries of bigger vessels laden with huge products with no stress on where to discharge.

Eunisell Gets 2016 TRACE Certification

Specialty fluids management company, Eunisell Limited has again been rewarded for its standards and compliance with international best practice with an international certification for anti-bribery compliance by TRACE International.

With this development, Eunisell has retained its status as one of the few companies in Nigeria to be recognised among its international counterparts and partners in this regard.

TRACE, an international anti-bribery compliance solutions body in a clearance certificate signed by its president, Alexandra Wrage, revealed that Eunisell had completed a comprehensive background review and was certified to have complied with all standards and measures world-wide, in accordance with international best practices.

While commenting on this development, the Chief Executive Officer, Eunisell Chemicals, Mr Ken Amadi noted that the company had not failed in any way to meet and comply with international standards and best practices since it began operations in fluid solutions for the oil and gas and manufacturing industry almost two decades ago.

“We are not new to business in Nigeria and other parts of the world, although there are peculiarities in each market, our standards and policies are never compromised.” Amadi said, adding that Eunisell had been certified for five years consecutively since 2011.

Kuwait Lowers Crude Oil Output Kuwait reduced its crude oil output and refining production on Sunday as part of an emergency plan to help the OPEC member deal with the largest petroleum workers’ strike in years.

Thousands of Kuwaiti oil and gas workers are striking to protest against a government plan for public sector pay reforms, although non-Kuwaiti workers in the industry are not on strike. Unions have not said how long the walkout will last.

Kuwait Oil Company (KOC) spokesman Saad Al-Azmi said in a posting on KOC’s Twitter account that the company had cut crude output to 1.1 million barrels per day (bpd) from its normal production level of about 3 million bpd.

State refiner Kuwait National Petroleum Company (KNPC) has also reduced production, to some 520,000 bpd from 930,000 before the stoppage started on Sunday, Kuwait’s state-owned news agency KUNA reported.

“Even though this is a very challenging period in the nation’s history, we are still upbeat of better days ahead”

Managing Director, NIPCO Plc, Mr. Venkataraman Venkatapathy

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T H I S D AY • TUESDAY, APRIL 19, 2016

BUSINESSWORLD GAS SUPPLY: NNPC, TOTAL INVEST $5.7BN ON OML 58 UPGRADE PROJECTS

Content Law as over 84 per cent of project team are Nigerians.

He also spoke on the company’s OUR pipeline, which he described as a 42inch gas pipeline, extending 45 kilometres from Obite via Ubeta to Rumuji in Rivers State. Terraz said with the acquisition of 120 hectares of land to lay out the Right of Way, the pipeline crossed 20 different communities.

Speaking on the Field Logistics Base, Terraz said from a four-storey building, the field logistics base was modified to a 10-storey building with addition of new floors and modification of all the internal systems. The Total boss also stated that a new flare has been erected at the company’s Obite Treatment Centre to reduce gas flaring, adding that a new train has also been installed to raise capacity.

NEW INITIATIVE TO TRANSFORM AGRICULTURE IN AFRICA LAUNCHED

led high-level conference held in Dakar, Senegal, in October 2015. The major objective is to execute a bold plan to achieve rapid agricultural transformation across Africa and raise agricultural productivity.

This initiative was led

by IITA, FARA, CGIAR, national agricultural research systems, and the Alliance for a Green Revolution in Africa (AGRA). This will involve close partnerships among AfDB, the World Bank, and major development partners to ensure increased funding for agricultural research and development along the value chains in Africa. CGIAR, FARA, AVRDC - The World Vegetable Centre, Africa Harvest, and other partners provide the technical and developmental support for the bank’s quest of widespread agricultural transformation.

“IITA supports AfDB and partners in ensuring that TAAT is effectively set up,” said IITA Director General, Nteranya Sanginga.

Group Business Editor

Chika Amanze-Nwachuku Maritime Editor

John Iwori

AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (AgriBusiness)

NEWS

Total’s FPSO for $16bn Egina Field to Arrive Nigeria April 2017 Ejiofor Alike The 200,000 barrels per day capacity Floating Production Storage Offloading (FPSO) vessel for Total’s $16 billion Egina deepwater field will arrive Nigeria in March or April 2017, the company has said.

The FPSO is being built by Samsung Heavy Industries of Korea at a cost of $3.3 billion, while the entire Egina field development project, including the FPSO will cost $16 billion.

Speaking to journalists during a recent facility tour of the company’s facilities in Port Harcourt, Rivers State, the Deputy Managing Director of Total E & P in charge of Deepwater District, Mr. Ahmadu-Kida Musa said Egina was the company’s next deepwater field in development phase after the discovery in 2003 and the signing of the Final Investment Decision (FID) in 2013.

He stated that the company’s target is to produce 200,000 barrels per day of crude oil from the Egina by 2018.

Musa said the development of Egina by Total and the Nigerian National Petroleum Corporation (NNPC) at a critical time when most other companies were not willing to invest, was a demonstration of Total’s boldness.

According to him, for Total to embark on such $16 billion project when other companies were not willing, showed the company was confident in Nigeria’s operating environment.

He said the Egina project is

about 54 per cent completed with 11 wells drilled – seven oil producing wells and four water injection wells.

Musa also revealed that a lot of the fabrication work for Egina field, which is located two kilometers into the waters, had been completed by Saipem, Nestoil, Nigerdock, Dorman Long and Aveon.

“Egina is the next field on development phase. It was discovered in 2003 with FID taken in 2013. It is in the same environment with Akpo in the same Oil Mining Lease (OML) 130. For Total to sanction $16

billion project when nobody was willing to invest shows the company’s boldness.

Total committed hundreds of millions of dollars without guarantee. Egina FPSO is one of the largest in the world.

Sometime in March or April 2017, the Apapa Wharf will be blocked when the 300 metres FPSO will come into the country,” Musa explained.

On the Nigerian Content scope of the Egina Project, Musa said the project was caught up with the Nigerian Oil and Gas Industry Content Development (NOGICD) Act

of 2010, stressing that despite the challenges in the operating environment, Total was in full compliance to the Act. According to him, 70 per cent of the project is local content, adding that “the framework of Egina is always local content.”

Speaking on the Akpo deepwater field, Musa said Akpo, a developed asset on OML 130 was currently producing 145,000 barrels per day.

Musa, who also spoke on the field’s milestones, noted that Akpo does not flare gas,

except safety flares in the case of emergency.

He said the field achieved seven years with loss time injury on March 29, 2016.

According to him, the field was shut down between February and March this year because of two much activities on the FPSO. “So, we shut down Akpo, which saw its last field development plan a month ago. The water depth is 1,400 meters, about 1.5 kilometres, while the storage capacity of the FPSO is 2 million barrels,” he added.

DEEPENING THE CAPITAL MARKET

L-R: Managing Director, FBN Registrar, Mr Bayo Olugbemi, Executive Commissioner Legal and Enforcement, Securities and Exchange Commission (SEC), Sa’adatu Bello, Director General, SEC, Mounir Gwarzo, Executive Commissioner Corporate Services, SEC, Hon. Zakawanu Garuba, and Head, Vertical Market Group, Nigeria Inter-Bank Settlement System Samuel Oluyemi, during the First Quarter Capital Market Committee meeting press conference in Lagos...recently.

Gainful Employment of Youth is My Priority, Says Nigeria’s Fast Food Sector Dangote Employs over 500,000 People President of Dangote Group, Aliko Dangote, has assured Nigerians that topmost on his priority is how to contribute his own quota towards reducing the high rate of un-employment in the country.

Speaking in Okpella, Edo State last week at the ground breaking ceremony of its new 6 million metric tons capacity cement plant, Dangote said with more of his cement plants ready for inauguration in the next few months, more qualified youth will be gainfully employed.

“The high rate of unemployment in the country is worrisome. No doubt, the government is trying by creating an enabling environment for private businesses to grow and employ people and with the right policies, I am optimistic that the high unemployment rate will soon be significantly reduced” Noting that the Okpella Cement Plant will employ a minimum of 45,000 Nigerians in both direct and indirect capacity, he said the number of Nigerians that would be employed in its ongoing fertilizer and petrochemical plants, would be far more than the cement plants figure.

He urged the youths to shun

unpatriotic acts, assuring them that the country is surely on the right track of growth and development.

Earlier, the Governor of Edo State, Adams Oshiomole lauded Dangote Cement for investing in Edo State. He urged other rich Nigerians to take a cue from Dangote and invest in the country.

The new six million metric tons cement plant is coming on the heels of similar arrangement for another 6 six million mtpa cement plant in Itori, in Ogun state where the company is currently running a 12million mtpa cement plants at Ibese, in Yewa division of the state.

By this investment, Dangote’s production capacity will go up further to 41m mtpa, in Nigeria alone.

Impressed at the continuous investments in cement production despite having met local demands, the federal government said the gains of the backward integration in the cement sector of the construction industry, as championed by the Dangote group is saving the nation huge billions of foreign exchange.

The Minister for Solid Mineral Development, Dr.

Kayide Fayemi and his counterpart in Trade and Investments, Dr. Okechukwu Enelamah, said government was pleased with the exploits of the Dangote cement in ensuring that the nation freed itself from the shackles of endless importation and becoming net exporter.

This development, they stated, tallied with the change agenda of the present government that all hands must be on deck to substitute importation with local production and consume only products that are produced locally.

They stated that the volatility in the international oil market and the excessive dependent on importation have both combined to put pressure on the naira, adding that the government is putting in place strategies to free the naira from such pressure.

The Ministers commended Dangote for believing so much in the nation’s economy and has continued to invest even where others have contrary opinion.

They therefore called on other investors to take a cue from Dangote’s firm commitment and support to turn the nation’s economy around through active production.

The growth in the fast food industry in Nigeria has been a key contributor to the Nigerian economy through the creation of employment opportunities for Nigerians. According to a report by the Oxford Business Group, as of 2014, there where over 500,000 workers employed in the fast food industry. Nigeria’s food industry at large will be discussed at Food Nigeria which will hold from 18 -20 May 2016 in Lagos.

The food industry is one of the best-performing sectors in Nigeria. The industry has grown rapidly due to affordability and convenience.

Furthermore a fast-growing overall population and an increasing urbanisation are other catalyst encouraging this growth.

In recent times, the food industry in Nigeria has experienced vast growth. The fast food industry in Nigeria became prominent in the 1970s.

In 1973, Nigeria’s oldest fast food chain Mr. Biggs, owned

by UAC, was founded and the restaurant was arguably the largest functioning fast food restaurant up until the 80s.

In the 80s and 90s, other fast food companies such as Mama Cass, Big Treats, Tastee Fried Chicken, Tantalizers and Sweet

Sensation were in operation in Nigeria.

Additionally, the food processing sector is also one of the best-performing industries in Nigeria. A subsidiary of Unilever, UAC has been serving the Nigerian food sector since the 1930s. Since the inception of UAC foods, the food processing sector has expanded with over 100 food processing companies functioning in Nigeria with main growth drivers such as UAC foods, Leventis Foods Limited, Dangote, Olam, BUA, and Honeywell, who have been key influencers of the food processing sectors growth. The sector sources products locally and has creative innovations in various categories such as noodles, dairy, baked goods, poultry, pasta, rice and noodles.

The recent importation bans in Nigeria and declining value of the naira has seen more businesses sourcing and processing food locally, which has grown the industry rapidly.

The growth in the food processing sector has had a major role in the development of the agriculture sector. If more businesses process food locally, it will raise awareness for the Nigerian agriculture sector and also provide economic benefits to the country.

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T H I S D AY • TUESDAY, APRIL 19, 2016

BUSINESSWORLD

ENERGY

Rescuing Discos from Vandalism Ejiofor Alike writes on the need for collaborative efforts among communities, government, security agencies and power companies to tackle vandalism of installations, which has plunged many high risk communities into darkness In spite of the current low level of power generation caused by vandalism of gas pipelines , which account for low supply to customers, the distribution companies are also facing perhaps, the most pervasive and worrisome challenge of vandalism of power installations, thus worsening the woes of the consumers.

Electricity firms, especially the transmission and distribution companies are having sleepless nights over the activities of vandals who destroy, cannibalise or steal power accessories such as transformers, cables, and others to resell for pecuniary benefits.

Power consumers watch, sometimes in utter bewilderment, as these vandals shortchange electricity transmission and distribution companies by feasting on their installations and vandalise equipment running into millions of naira.

This dastardly act has plunged many towns and communities into darkness for several months.

This inglorious act is not palatable for power consumers, who wait, sometimes endlessly, for the vandalised cables to be replaced either by voluntary contributions by the communities or the Discos. The menace is equally burdensome for the Discos which have to incur huge expenses on the replacement of the damaged equipment or accessories in an era where they are grappling with low revenue collection arising from poor generation from the grid and the reluctance of equally aggrieved customers to pay electricity bills.

For instance, the Abuja Electricity Distribution Company (AEDC) recently raised the alarm over the increasing rate of vandalism of its equipment in the Abuja City centre, mostly in Wuse District and other parts of the city centre within one week.

The company said no fewer than 10 different power system equipment were vandalised and in most cases carted away by unknown persons in Wuse area under its FCT Central Region.

It listed some of the wrecked power systems to include a feeder pillar which was vandalised and taken away from No.2, Bangui Street, Wuse II; the low voltage side of two transformers which were vandalised along Monrovia Street, also in Wuse II, with all the bus bars, feeder pillar units and low voltage cables taken away by the vandals.

The Enugu Electricity Distribution Company, (EEDC) had also decried the activities of vandals, stressing that it recorded about 50 cases of vandalism in 2015 leading to loss of hundreds of millions of naira worth of equipment.

According to the company, several arrests were made including the arrests of Oluebube Njoku, Osita Ezeugo, and Ndidi Ohanwe.

Others include:Mr. Cyprian Nwachukwu for vandalising armoured cables in Amakpu Agbani, Nkanu West, Enugu State; Mr. Kingsley Precious for vandalism at Orlu Stadium; Ifeanyi Okoye for vandalising transformer at Eke Obinagu, Emene, Enugu State; Mr. Uduma Ama-Iro for the same offence in Abaomege, Ebonyi State; and Ifeanyichukwu Okoye, who was apprehended in Ndieze Inyimagu Loko, Izzi, Ebonyi State for transformer vandalism.

The company also announced the arrests of Mr. Ifeanyi Nwankwo at New Market Road, Enugu, Enugu State, while Aminu Musa, Musa Yusuf, Aminu Yakubu and Ani Sunday were arrested at Independence Layout, Enugu, Enugu State for vandalising armoured cables.

Also Salif Samaila and Muhktari Salihu were arrested at Ariaria, Aba District, Abia State; Mr. Friday Ogboji was captured at Ndufu Amuzu, while Mr. Akpu Sunday and Odinaka Nwafor were also arrested at Agbaja Ebia, Izzi, Ebonyi State for transformer vandalism.

Benin Disco as worst hit However, despite this nefarious act, providence has a way of rewarding the culprits of power vandalism in a manner that could be likened to the law of karma-reaping what you sow or better still the case of nemesis catching up with them.

Such is the case of the Benin Electricity Distribution Company (BEDC), the electricity

Vandals at work distribution company covering Edo, Delta, Ondo and Ekiti states. The company has been confronted with the worst cases of power vandalism as confirmed by the Association of Nigerian Electricity Distributors (ANED), an umbrella body of the 11 Discos.

The worst incidents of vandalism have occurred in various locations across the company’scoverage states, in recent times. However, nemesis caught up with many of the culprits.

For instance, in Ekiti State, three people were electrocuted in different locations between February and March 2016, while trying to vandalise power installations.

The first was an unknown middle-aged man, who got electrocuted while trying to vandalise the Oke-Ayedun sub-station under the Ido-Ekiti Business Unit in Ikole Local Government Area on February 13 at about 7:30 p.m.

The vandal had succeeded in removing one of the up risers in a transformer and kept it in the bush. He was said to have gone back to remove another one, without knowing that electricity had been restored and he got himself electrocuted and burnt beyond recognition.

Another incident occurred in Ado-Ekiti, the state capital on February 14, just a day after the Oke-Ayedun incident. On this occasion, a man, who tried to damage power installations at Oke-Ureje area of Ado-Ekiti, was said to have been electrocuted when power supply was restored to the transformer at Oke Ureje where he met his waterloo.

In the process of cutting the cable he got electrocuted and burnt beyond recognition and was subsequently deposited at the morgue of the Ekiti State Teaching Hospital.

Still in Ado-Ekiti, one Niyi Ogunmola, a middle-aged man, was on March 20 electrocuted at Basiri area of Ado Ekiti. The man, identified as an electrician allegedly got electrocuted while carrying out illegal reconnection of power. He was said to have fallen from a pole and died on the spot. The incident was reported at the New Iyin Police Divisional headquarters for investigation In Edo State, the story of vandalism is the same but the vandals have not been as unfortunate in their acts as those in Ekiti. Reports of vandalised power equipment, especially in new and developing areas, are common in the

state capital, Benin, and other towns in the Civil Defence. Nothing stops communities from state. Some of the highly affected areas are organizing committee to cater for the safety of Ugbiyoko, Irhirhi, parts of Aduwawa and some these installations. It is not too much because 08093842953 are the first and other communities in the outskirts of theezeibe.aguwa@thisdaylive.com city. members of the communities A source at BEDC told THISDAY that many immediate victims of power vandalism. We Community Development Associations (CDAs) also expect security operatives to move fast had reported cases of power outages occasioned when they are alerted by the communities,” by vandalised power installations, especially Tayo further explained.

In order to encourage the communities to cables.

Delta and Ondo states are also experiencing safeguard power installations in their areas, the same situation. THISDAY gathered that in the BEDC, last year, rewarded members of the Ondo State, a section of the state has been in Ugbiyoko community, a suburb of the Benin perpetual darkness for more than a year now metropolis, with gifts for apprehending three largely due to large scale acts of vandalism vandals who attempted to remove some cables carried out on power installations and equipment from transformers in their locality.

The company had described members of the in the area.

According to the Head of Corporate Affairs community as “partners in progress”, while of the BEDC, Mr Adekunle Tayo, the activities expressing delight that the vandals were not of vandals are really taking toll on the capacity BEDC staff as many people erroneously believe of the company to distribute power to affected that power installations vandals are those working areas. He said the company could no longer with the distribution companies.

A member of the community, Michael Abodeje, watch as activities of the vandals assumed a more terrible dimension and further add to poor was quoted as saying that the community has supply of power to communities. He proposed been on the receiving end from the activities a new initiative, to curb the activities of the of vandals for too long, hence they decided to vandals. He advocated that curbing vandalism safeguard the installations within their community.

“We will henceforth watch out for more requires the joint effort of the people living in the communities, security operatives and vandals. We as youths will not sleep, and we will ensure that those apprehended will not the BEDC. “First, it is the responsibility of the people go unpunished. We got three of them while living in the communities to watch over the they were dismantling the armoured cables,” installations and equipment since they are host Abodeje said.

The Chief Executive Officer of the BEDC, to them. They are the first persons to know if anything happens to the equipment,” he said. Mrs. Funke Osibodu, praised members of the “The security operatives such as the Nigeria Ugbiyoko community saying “we have seen Security and Civil Defence Corps (NSCDC), situations where people don’t even understand the police and other security operatives, also that public infrastructure in the communities play a key role in minimizing the menace. As belong to them”.

“Anything that happens to the infrastructure it is one of the fundamental responsibilities of security operatives is to see to the safety of at the end of the day affects the lives of members critical infrastructure including power facilities. of the community. We have also seen situations The fight against vandalism, not only vandalism where it is the people of the community that of power equipment, but vandalism of other destroy the things there. You did not destroy, critical infrastructure, cannot be won without but you also made sure that you stopped those the support of the communities and security who planned to destroy these infrastructures.

So, today, we’ve decided to reward you with a operatives,” he added.

“We expect the communities to be alert. token and l make sure we publicise it that the When they suspect an act of vandalism, they people of Ugbiyioko have done exceptionally should quickly draw the attention of security agencies such as the police or operatives of the Continued on page 26

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BUSINESSWORLD

ENERGY

FG to Reduce Contracting Cycle to 6 Months, Says Kachikwu Ejiofor Alike The Federal Government of Nigeria is set to cut the contracting cycle in Nigeria’s oil and gas industry from its current stretch of two to four years to just six months, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu has said.

Speaking at a recent stakeholders’ interactive workshop on Nigerian Content Policy organised by the Senate Committee on Petroleum Resources (Upstream) in Calabar, Cross Rivers State, the minister said the long contracting cycle was a major contributor to the high cost per barrel of the Nigerian crude oil compared to other OPEC member countries.

He listed the other challenges to include multiplicity of bidders, application of manual tools in bid evaluation and

divergent tender requirements by approving entities such as the Nigerian Content Development and Monitoring Board (NCDMB), National Petroleum Investment and Management Services (NAPIMS) and the international operating companies (IOCs).

The minister, who was represented by the Group General Manager, (NAPIMS), Mr. Sajebor Dafe Stephen, said the contract approving entities were already implementing his directive for them to strategise and develop a single contracting procedure, which would soon be issued to the industry.

He also confirmed plans to categorise companies that have invested heavily in the economy aslocal content champions for specific work scopes in a way that would facilitate contract opportunities and enhance transparency and further boost

investor confidence.

While noting that a good number of Nigerians had been motivated by the Nigerian Oil and Gas Industry Content Development (NOGICD) Act to acquire high cost marine vessels and oil rigs, Kachikwu assured stakeholders that the Act’s provision of first consideration for Nigerian owned assets shall always apply in tenders related to utilization of rigs or marine vessels.

With the emergence of a new crop of indigenous owners of marine vessels, he stated that the new focus was on the local construction of vessels, adding that an assessment of shipyards was ongoing and government will provide incentives and enablers that will enable local yards to construct vessels at competitive cost.

While expressing gladness that some firms, including the Lagos Deep Offshore Logistics

Base (LADOL) had accessed the Nigerian Content Development Fund (NCDF) for its ongoing fabrication and integration yard expansion, the minister decried the challenges faced by some other companies in accessing the NCDF. He stated that government was currently reviewing the operating model for NCDF, adding that “it is my hope that the revised model will see increasing number of

Nigerians accessing NCDF for commercial and developmental interventions.”

Speaking further, Kachikwu charged Nigerians to keep faith with the local content policy as an instrument for the industrialisation of Nigeria’s economy, noting that other prosperous jurisdictions succeeded because they adopted their preferred development policies and sustained the programs for long periods.

Agbami Oil Field Dispute: Court Adjourns Statoil’s Suit Challenging Arbitral Award Davidson Iriekpen Justice Chuka Obiozor of the Federal High Court in Lagos has adjourned to June 6, 2016, the suit filed by a Norwegian company, Statoil Nigeria Limited, to challenge the final award in an arbitration proceedings against it following a disagreement on the Agbami oil field.

The respondents in the suit are Texaco Nigeria Outer Shelve Limited, Star Deep Water Petroleum Limited, Famfa Limited and Peroleo Brasileiro Nigeria Limited. When the matter came up last Friday, counsel to Peroleo Brasileiro, A. Tunde-Olowu, withdrew his first set of initial processes filed in response to the suit and same were struck out by the court.

He then moved his application for extension of time with respect to his second set of processes filed in response to the suit which was granted by the court. Counsel to Famfa, Oseni Enemosah, on his part, applied for an adjournment to enable him file his own processes. The case started when the Norwegian firm initiated arbitration proceedings against the four respondents on October 18, 2013.

Hearing commenced on June 22, 2015 and was concluded on June 24, 2015. The arbitral tribunal then delivered its final award on November 2015 and dismissed the applicant’s claim in its entirety.

The tribunal upheld the findings of the expert in the

equity re-determination exercise which formed the grounds upon which the applicant brought the arbitration.

But not satisfied with the judgment of the arbitral tribunal, Statoil filed a suit at the Federal High Court, asking the court to set aside the award. However, in their objections filed on their behalf by their counsel, Mr. Uche Nwokedi (SAN), Star Deep Water Petroleum and Texaco Nigeria Outer Shelve, urged the court to dismiss the suit.

Nwokedi argued that the law and practice of arbitration in Nigeria is far too developed and established for the applicant to engage the time of the court in a contrived and frivolous application.

He argued that it would amount to travesty of justice for any serious consideration to be given to the applicant and its application, especially where all the other courts and tribunals before whom any aspect of the matter had been raised had consistently defined the true position.

The learned senior advocate who cited a plethora of authorities to back his argument, said the application by the applicant was cynical, contrived and calculated to frustrate the effect of a duly issued final award in a well contested arbitration brought at its instance where all the parties who were represented by their team of lawyers and proceedings were conducted on mutually agreed terms.

MANAGING YOUR RISK

L-R: Publicity Secretary, Risk Managers Association (RIMAN), Mr. Goodhope Idawu; Executive Secretary, Mr. Victor Olannye; President, Mr. Jude Monye ; Financial Secretary, Mrs. Adetola Omotayo and the General Secretary, Mr. Joshua Uwedinisu, at a media briefing in Lagos… recently

Lekoil Targets 10,000bpd in Otakikpo Field by End of 2016 Releases well results

Ejiofor Alike Africa focused oil and gas exploration and production company with interests in Nigeria and Namibia, Lekoil Limited has announced the successful well tests of C5 and C6 zones in the Otakikpo Marginal Field in Oil Mining Lease (OML) 11 at the rates of 6,404 barrels of oil equivalent per day and 5,684 bopd and with a target to hit 10,000 barrels per day by the end of this year.

The company, at the weekend, provided an update on operations and the well results from the Otakikpo Marginal Field, being undertaken by the joint venture (JV) partners -- Green Energy International Limited (GEIL) as the operator and Lekoil Oil and Gas Investment Limited as technical and financial Partner.

According to the results, the Otakikpo-002 well flowed oil from two upper zones during two production tests concluded

on April 10, 2016.

The results showed that the C5 zone flowed at a peak rate of 6,404 bopd and according to geological parlance, at a 36/64 choke, while the C6 zone successfully flowed oil at a peak rate of 5,684 bopd at a 36/64 inch choke, for over 24 hours.

The company further stated that the production testing at the well was curtailed due to storage capacity limits on well-testing equipment.

The JV however expects to start commercial production by the end of second quarter of 2016. “As previously announced on September 7, 2015, the lower E1 zone produced from the first of four planned production tests, flowing oil at various choke sizes for over 24 hours at a peak rate of 5,703 bopd at a 36/64 inch choke,” the company added.

“However, during completion operations the well encountered cementing issues resulting in the temporary suspension of

the E1 zone to allow remedial work to take place. To keep Phase 1 of the Field Development Plan (FDP) on track and under budget, the JV prioritised production from the second and third planned production zones, in the C5 and C6 reservoirs, and will pursue development options for the E1 zone in the future. The encouraging flow tests of upper zones, C5 and C6, reconfirm the sizeable potential of the oil field,” the results indicated.

The company further revealed that following the completion of Otakikpo-002, well re-entry operations on Otakikpo-003 are expected to begin later in second quarter of this year and will target the E1 and C5 zones.

The company said it expected to commence commercial production from Otakikpo-003 in third quarter of 2016 with a target of 10,000 bopd by year-end 2016.

“The facilities construction

and permits are at an advanced stage to meet the Company’s timeline for commercial production. Following the conclusion of Phase 1 of the FDP, which is expected by the end of 2016, the company will then proceed to Phase 2 with new wells planned to bring aggregate production to an estimated 20,000 bopd by the end of 2017,” the company added.

Chief Executive Officer of Lekoil, Mr. Lekan Akinyanmi, said in about a year and half, Lekoil and its partner, GEIL had managed to bring to life a marginal oil field, which is expected to produce 10,000 bopd by year-end.

He said the feat was a demonstration of its technical and financial strengths as well as illustrating the fast-track approach by the Department of Petroleum Resources (DPR) to developing previously marginal fields and unlocking value for the benefit of Nigeria.

RESCUING DISCOS FROM VANDALISM well,” Osibodu added.

PH Disco seeks tough laws Late last year, vandalism of electricity transformers and outright stealing of electrical installations by vandals led to load shedding, which plunged consumers in Yenagoa, tBayelsa State, into darkness. The Port Harcourt Electricity Distribution Company (PHEDC)’s Public Affairs Manager,

Mr. John Onyi had said that the Yenagoa Business Unit alone had lost 10 distribution transformers ranging from 200kva-250kva to the nefarious activities of vandals.

He said the company had identified Gwegwe Street, Ebis Mechanic Road, Ministry of Tourism, Bossy Water Tombia Road, Mgbongbon Plaza, Opolo Housing Estate and Sani Abacha Expressway as areas in

the state capital as the most badly affected by the unwholesome acts of vandalism.

However, while Benin Disco is advocating for collaborative approach among the companies, communities and other stakeholders to tackle vandalism of power assets, the Managing Director of 4Power Consortium Limited, the core investor in PHEDC, Mr. Matthew Edevbie, said

the National Assembly should enact a strong anti-theft legislation to empower the power companiesto prosecute electricity vandals and customers, who attack utility personnel, while discharging their duties.

He stated this while receiving the members of the House of Representatives’ Committee on Commercialisation and Privatisation, who were in Port Harcourt on their oversight visit to

various successor companies to the defunct PHCN. He, however, lamented that the condition of the network his company inherited was worse than envisaged, listing higher average technical, commercial and collection (ATC&C) Loss than the Multi Year Tariff Order (MYTO) assumption and vandalism among the challenges experienced by PHEDC.

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BUSINESSWORLD

INDUSTRY

Oye: Govt Must Urgently Fix Nigeria’s Economy Vice President of the Nigerian Association of Chambers of Commerce and Industry Mines and Agriculture, Mr. Dele Oye is calling on the federal government to stop the nation’s current economic drift by quickly implementing the 2016 budget, among several other measures. He spoke to Crusoe Osagie Federal government plans to generate revenue from non-oil sectors. How achievable is that?

First of all, I commend the government for finally coming out to take that challenge. The only problem is that, like everything we do, you have to invest first before you can bear the fruits. When we had substantial oil revenue, we did not put adequate investment in the non-oil sectors, so it has become very difficult to turn the potential there to cash. Had there been major investments, the revenue yield from oil would not have been able to match that of the non-oil sectors.

The idea is good, but we will need to tighten our belts further, because it will take more than a year’s investment before we can start yielding any meaningful result. If we are talking about solid mineral investment, it is a business that needs about ten years, before you can even take anything out; and this is in terms of financing and very few countries have banks that have that kind of risk appetite. Australia and Canada are one of these few countries, so it is a big problem really and there is no local bank in Nigeria that can give you loan for up to ten years. So what this means is that we need what is called a calculated investment towards that before it can turn into cash.

The idea is good but I hope the government will keep faith, and I also hope when the oil prices come up again we do not lose focus. Rather the essence of the crude oil profits, which we will be deriving from the current benchmark, should go into these real investments, so that whenever the oil goes up or down again, we are not so affected because we will have other alternatives.

This is probably one of the means we can use to generate the cash to finance these long term investments. The government has to have a deliberate policy on solid minerals investment, and they can even create a law that says we have put the benchmark of oil prices at $38 per barrel or $40 per barrel, and anything outside the benchmark will be used for capital investments in different sectors, so that when the prices rise again, it will stop the government from running to the supreme court to say that we must share all the money.

So, we must make arrangement for the rainy day by channelling the cash for investment into solid minerals development. I think that is the way to go and I am quite happy that the oil price is coming up slowly. But, surely, I think from every kobo we invest in that sector, we can change everything.

What is the impact of the financial challenge on the private sector?

I can start, first, as a lawyer. We have had lot of problems facing the big time investors, foreign investors; before the election, they left the country and none of them have returned.

First of all, the budget is a major index to determine government policies; we are in April and the budget is still not in place. It is based on the government budget the private sector make their own budgets. Also, there is clear fiscal policy from the government. So, nobody will take you serious and no serious investment will happen until you resolve those issues. They are still watching and I can give you a good example. In Abuja, Julius Berger abandoned the airport road since and immediately they saw that there is provision for them in the budget, they have resumed to site. A lot of people have had to sack their staff because they are not sure of what government’s policy is going to be.

Government should put its house together in solving the quarrel between the national assembly and the executives because there are lots of other sectors depending on them for payment of salaries; the government cannot even do anything until that budget is passed. So, this quarrel about Calabar-Lagos railway project is not even necessary; if any mistake has been made, they should forget about apportioning

Oye blames and focus on development. It is even more outstanding to see that it is the same party that is in control in both the executive and the legislation. They should save us these quarrels and focus on real development, because people are suffering.

Governments increase in taxes and levies to fund projects. How will this play out?

Well, like they say, if a tree is not strong and another tree falls on it, both of them will collapse. If you are not running a viable business, you will not be able to pay tax on profits, you do not pay tax on liabilities. Recently, the present Comptroller General of Customs complained that because of the small import we are currently experiencing, it is affecting their own revenue target. If you go to the Federal Inland Revenue Service, you will know that they are making aggressive effort to collect taxes. But from where? Is it the dead companies that are going to pay the tax, or the workers that you they have fired, who were not even paid their contributory pension, since there was no salary? What I am trying to say is that you can only make more money from taxation if you have an efficient policy in place and, secondly, a thriving economy.

But a dead economy where things are on the stand still and people are waiting for the government to resolve their quarrels and have focus, there is nothing more tax can do because you can only tax on profits but not on losses, and most private sectors, like I told you are, laying off staff and losing money. In fact we heard recently that about 3500 people in the oil sectors are being threatened to be laid off; the federal government is still trying to see that it does not happen. But you cannot keep paying salaries, when you have no work for the people.

What I am trying to say is that government must really come up with credible policies that will support businesses, because if the businesses are doing well, they will make more revenues, but if we are still struggling and even the fiscal policies are still not set for this year and it is almost half of the year, so what kind of policy are you running. I am not blaming government, because like every

new government, you have your own learning curve. But they have a duty to resolve some issues urgently, they must be focused; the situation now is that everybody is actually slowing down and I can tell you, without being pessimistic, that the tax revenue for this year will be one of the worst. No matter how efficiently you are going to collect, you can only collect from a thriving business; look at the stock exchange, everything is looking down, there is no sector you can say, today, is standing on two legs, unless you are into smuggling and even then, it will not be easy. These are things that fuel all sorts of problems we have, such as the issue of insurgency, because when you are idle and hungry, you are a waiting time bomb for any agent of the devil to be used. The federal government needs to create an enabling environment so that people can have alternative things to do, because if they have nothing to do, they will be queuing up for people to use them.

Advise for Nigerians on areas to invest in the economy That is a very difficult question because even me, as a lawyer, I am actually experiencing the slowdown in my work, because everything is still tied down to the financial resources available to the people. Let me give you an example. I just finished a conference, which I chaired, on power and petroleum. This year alone, the National Electricity Regulation Commission (NERC) is supposed to issue three tariffs increasing electricity bill. The first increment proposed was in February and it is still a subject of litigation. What I am trying to say is that people cannot even pay the current tariff. Things are so bad for people that we do not know where the hope is coming from.

I do not know the sector to advise anyone to go into. Government needs to cautiously do things that will put money in people’s hands. Take for example, if government pays the contractors they are owing and they, in turn, pay their people, that makes money go round, and all the people dependent on them will get money to spend. This is the only way money goes round. The government must find a way of putting money in people’s hands by

making sure that they pay salaries promptly, pay people that have retired so that they can face their own individual lives. Government is still a major player in the economy and the government must focus on that role.

Another thing I must mention, and which has also continued to contribute to the hardship, is the Treasury Single Account (TSA). In as much as the TSA is doing a lot of good, what it is creating is that the money you locked down since is not available to banks for lending, and what this means is that the public sector funding which the private sector could have also accessed indirectly through the banks, is not available for the economy, and this makes it difficult even for bankers. Our government puts some money abroad in private banks, so why will you now deprive your own banks in Nigeria of having that kind of money. In as much the government wants to create a control, they must have an efficient way to say every government agency apart from the TSA, must have three or four accounts for their operations which they can domicile in the commercial banks, so that the huge chunk of money can be used. The money locked down in CBN is not yielding interest for anybody; it is not supporting any part of the economy.

So a lot of projects that the banks are already financing are suffering. The government itself can do certain things through its own fiscal policies to start opening up the economy and putting money in public and private sectors by saying that every agency of the government must have about five accounts and stating the rules for operating it; at least all that money will come back to the banks and the banks will have more money to finance projects. And when projects are financed, more employment opportunities are created.

The government can also target different sectors that they want to support. I will give you an example on how to finance mining and those kind of fundamental issues which ordinarily banks in Nigeria cannot finance because they have a one year accounting cycle.

The longest loan you can get in Nigeria is 18 months and when you are charged with high Continued on page 28

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INDUSTRY OYE: GOVT MUST URGENTLY FIX NIGERIA’S ECONOMY

interest rates, you will find out that what you get is barely 70 per cent of what you have applied for and 30 per cent is the 28 per cent interest on it. And unless you are selling drugs you cannot make profit. This is why you see people doing buying and selling in Nigeria, because that is the only business you can turn around in six months. But if you want to go into production, you will need to do market survey, locate your industry, and source your raw materials. All these take about three to four years to put together, and when the entire banking finance available to you is just 18 months, how can you survive if you are using short-term money to pursue long-term investments? All these factors are creating hardship and the government can change all of these.

The money the government is locking down under TSA should be made available under certain conditions so that we can change the fundamentals of banking in Nigeria, because locking it down does not help any one of us.

If the CBN locks down the money for as long as it needs to, it is not creating any form of production, it is not helping the economy. In fact there was one time in Nigeria when the banks were virtually financing everything in the public sector because they had the money.

So why are they not playing that role today?

Instead of this government going abroad to borrow, help can come from home. If these banks are actually bigger and better, they can finance parts of our budget. It is for the government to believe in its own institutions. The people the government are going to meet abroad, like the Chinese development bank, were financed by the Chinese government; they do not go abroad to borrow money. So why can’t we take part of this our excess crude and put it into institutions in Nigeria so that they can be strong enough, and in our own rainy days like this, we can run to them for shelter. If you look at the Chinese story, everything they do is financed by the Chinese development bank. They have said that they are going to give us a $6 billion loan, but no kobo is going to come in as cash, it is going to come in as goods manufactured by Chinese companies; that money will advance their economy to create value for themselves, they will have production value, they will have workers value in terms of wages, and at the end of the day it reflates their economy. You are getting the projects here, but they are actually getting paid for it. If today we fix our benchmark at $38 per barrel and say that every dollar that comes in outside this benchmark goes into our Nigeria Export Import Bank (NEXIM), into our Bank of Industry (BOI), for them to focus on financing solid minerals, agriculture or any of our priorities.

Then we also put in place a very strong management in these institutions, a management that will not necessarily bow to political directives, then we can even invite international financial institutions to buy shares in these banks. Then we can see our own BOI financing things in China. For example, NEXIM can be able to finance a Nigerian businessman who wants to set up a factory in China. This is how the Chinese have done their work, this is how the Chinese have done everything they have done, they have built their banks to develop their country.

Recently, I heard the federal government is planning to hire 10,000 policemen and they are happy that they are creating employment.

What kind of employment is that? I am not saying that the police do not contribute to the economy, but I would have preferred if the government says that there are five companies entering Nigeria with plans to employ 10,000 people, because the kind of production those five companies will do will employ another 50,000 people who will be supporting that industry. I know peace and security will create an enabling environment and I like it, but the kind of effect and impact we will get from a private sector driven investment, the impact will be much more.

Your take on the call for the devaluation of the naira?

My take on this is that it is good to have one rate so that you do not create a window where people who have access to political power get dollars at the official rate and go and round trip. Secondly, the issue of devaluation is a case of chicken and egg. If

even have a foreign bank account because you will be contradicting certain sections of the Code of Conduct Bureau.

So that is why it is good for people to open up, so that we can actually know if some people are using it to conduct some other big businesses.

And this is why people are curious, and it is making people resign in different countries.

It is not because they have created the law; it is because that you have that kind of money locked up and you are telling us to tighten our belts as a public officer.

So it is not generally illegal, but depends on which side you are.

Oye we were a big and producing country and we do a lot of production for export, if we devalue, we will get immediate benefits in the sense that your goods will be cheaper at the international markets and this creates a lot of demand for your goods. But, in Nigeria, we are a net importer. So, even if we devalue, what you are supposed to gain as a nation does not accrue to us. In fact, you create misery for people. For example, take the airline industry where many of your costs are dependent on foreign exchange. What it creates is people increasing the prices of their goods and services and the benefits that you are supposed to get from devaluation come with inflation. So I support the federal government’s move not to devalue, but we can reflate our economy. Still, the beginning and the end of the story is how the banks are faring, because the banks are the major engine of growth anywhere in the world. Anything you are doing and you do not involve the banks, you are just like a subsistence farmer producing for yourself and your family. If you want to sell to China, Germany and other countries, you need financial support, and if government can make that sector very stable, it will do so much. But when you keep locking down the money that is supposed to be made available to the sector in the vaults of the CBN . . .

Let me give you a practical example. What

For a private business, you have the right to minimise your tax, but what is illegal is when you try, in that process, not to declare your assets for the purpose of taxation

is happening to the MDAs presently is that if someone is owing the federal government $5 million, the MDAs say pay $3 million to our TSA and bring the remaining in cash. What I am trying to say is that the crooks they are trying to catch for that $2 million cannot be trailed. A crook is a crook, no matter what policy you put in place, they will find another way to counter it. People are already beating the TSA. So it is better you let them pay all the money into the account and know how they applied it. We have smart people. We have people who have resolved so many things and I do not see why we should still be doing banking in Nigeria like it is the government against the banks.

The Nigerian government has to see the survival of the banking industry itself as part of its responsibility, because once you shake the banks, you shake everything; every industry is tied to it, every serious business is tied to it.

Take for example the last power sector review.

Almost all the Nigerian banks involved took to foreign finance; not one of them was able to pay that money directly because they are not strong enough. We need to invest in these banks; we need to put resources at their disposal.

Your thoughts about the Panama papers Tax avoidance is not illegal; it is tax evasion that is illegal. For a private business, you have the right to minimise your tax, but what is illegal is when you try, in that process, not to declare your assets for the purpose of taxation. A good example is what is happening in England with the Prime Minister, who said his investment has this, but every kobo he makes out of it, he paid his taxes. So it could be a legitimate way of doing business or to minimise your tax, so that you can have more money to invest back in the business.

But where it is completely illegal is if you are in public service. But for us a private person, it is also has tax liability issues, but for a public person, under our Code of Conduct act and certain sections of the constitution which says you must declare your assets and failure to declare, it leads to infringement to that law which can render you to be investigated by Code of Conduct Bureau, if you deny the allegations.

But when you admit the allegation under that law, you can go into something like a plea bargain process where you decide either to forfeit or you reach agreement with the agent of the Code of Conduct Bureau.

So, for the purpose of this thing, it is generally not an individual act, depending on whether you are a private or public person. If you are a private person, it has tax implications. If you are a public person, under the law, you cannot

You turned 50 today (last Thursday). What are the most important things you have had to deal with in the past 50 years?

I am always very shy to talk about myself. I have headed some organisations; I have had to advocate new models in various fora; But what I would say generally is that I always see hope first of all, because the day we stop hoping, then we are as good as dead. But I think, to some extent, we deserve this trouble now as a country, because when we had the oil, we were doing whatever we liked. I remember a governor saying it is his right to buy a private jet because his state can afford it. I have not heard such boasting again recently. What I am trying to say is, like every vagabond child, we filtered away all we had. This is the time to be focused to solve this hardship, first of all to make us stronger and even united as a country, so that when w have another opportunity tomorrow we would have learnt a lot from this hardship by putting structures in place.

Secondly as a person, I have always believed in God and God has been kind to me. It has not been an easy journey. I have trials and tribulations down the line; I have gone through everything a man should go through, but one thing that has kept me is that once you have peace in your heart and you have a smile on your face, you can actually affect your environment, instead of going around squeezing your face.

Anytime you see me I am always laughing.

For me, everything is a joke. What I mean by that is that I do not think there is anything that will make a man not to smile. No matter how much is at stake, I always learn to smile and it actually calms people down when they see me because when you squeeze your face, you do not know how you have affected that person. The person probably just needs a smile to continue his own journey.

You also have to share whatever you have to people who are not so privileged, I have also tried in my own little way, although it is not easy, because we are all affected by the change mantra to share with the community and people around me.

And, again, I have also kept faith with my staff. I have staff that I have done over 20 years with, because they see me as their government, their institution, their career. So that is why I have a duty as an employer to say when the month ends I pay promptly. because they also have dependants.

God has also blessed me with aged parents who I take care of. They are both over 90 and it is in the bible that you have to take care of them so that your days will be long. It is the only commandment that comes with a promise, and I also encourage people that no matter what situation you find yourself, you must always remember your parents and be there for them.

I think, generally, God has been kind to me and I also think I have not achieved my optimum. But wherever I find myself, I try to change things for the better. No matter what capacity I have served in any organisation I must shake it, and I mean shake it positively, so that when you leave, people will know that someone passed through there.

I have also done many first things. I do not want to praise myself. But what I am trying to say is that God has used me to do so many things positively to affect the different organisations I have served and worked with. I think people just believed in me even when I had my worst moments and those kinds of people are one of the reasons I wake up every day and I can see hope. So, not everybody is bad. There are genuine people. I have wonderful friends, colleagues, family and I am also very happy and proud of this country.

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INDUSTRY

FCMB Restates Commitment to Economic Growth, as Nestle Inaugurates N5.7bn Water Factory First City Monument Bank (FCMB) Limited has assured its stakeholders that it will continue to deepen its support for projects and other initiatives that would impact significantly on Nigerians and the nation’s economy in a sustainable manner. This, according to the bank, is in line with its values as a simple, reliable and helpful financial institution committed to the well-being of individuals and businesses.

The assurance was given by the Executive Director, Business Development of FCMB, Mr. Adam Nuru, during the inauguration ceremony of a new water factory of Nestle Nigeria Plc in Abaji, Abuja last week.

The project was guaranteed by the bank through a N5.7 billion loan secured from the Bank of Industry(BoI). The new factory occupies 14.13 hectares of land with a potential for future expansion.

According to Nuru, FCMB’s involvement in the project is another demonstration of its drive to enhance living conditions and contribute actively to the development of the country in spite the challenges confronting the economy.

“Apart from the business inclination of this landmark project, we are proud to be part of the venture, especially

because it leans towards one of our core pillars, which is environmental sustainability.

Water is a major component of human and industrial needs.

Being a scarce resource, the challenge of providing clean and safe water as well as conserving our shared scarce resources should be a collective effort. We are optimistic that our support to Nestle on this project would increase access to safe water supply, stimulate job creation and subsequently aid socio-economic development.”

Nuru noted that Nestle’s latest investment in Nigeria is a reaffirmation of the nation’s broad-based economic opportunities, wide flexibility and friendliness offered to both local and foreign investors alike.

He emphasised FCMB’s commitment in the support of initiatives that create opportunities, add value and make positive impact on the country’s economy.

“As an inclusive lender, we will continue to partner the private and public sectors to raise the well-being of the people with our array of value-adding products and bespoke solutions that enhance customer experience,” Nuru assured.

FCMB Limited is a member of FCMB Group Plc, which is one of the leading financial

services institutions in Nigeria with subsidiaries that are market leaders in their

respective segments. Having led group, FCMB expects to successfully transformed to a continue to distinguish itself by retail and commercial banking- delivering exceptional customer

experience, while empowering its customers to achieve their aspirations.

Firm Showcases Packaging Solutions for Consumer Market Executives from Dow’s Packaging and Specialty Plastics (PSP) business recently hosted customers in Lagos, for an inaugural “meet and greet” event.

The event showcased Dow’s leading products and solutions for the West African packaging market as well as information on the Sadara petrochemical project – Dow’s joint venture with Saudi Aramco – which began production start-up with its first polyethylene (PE) unit at the end of 2015.

Themed “More…”the event explored Dow’s broad portfolio of products, technologies and solutions for applications in transportation and food packaging specifically related to the West African region.

Customers throughout the value chain, from converters to brand owners, are increasingly seeking innovative solutions to meet the growing demands of changing consumer preferences.

Nigeria is a key market for the packaging industry with almost 50 per cent of the population living in urban areas and a new generation

of consumers driving Gross Domestic Product (GDP) growth, which is expected to reach $294 billion by 2020 ( from $178 billion in 2012).

The session also provided the ideal platform to provide further information on Dow’s sustainability platform, the integral role of the packaging industry in addressing these challenges and the Sadara project. Lifestyles are changing due to a globalised economy, increased urbanisation, population growth, affluence and mobility. Today, consumers require packaging which provides enhanced functionality, versatility and safety.

It is estimated that between 2008 and 2020, the food and consumer goods market will grow by $40 billion in Nigeria which is the largest level of growth in Africa.

And in response to these regional and global trends, Dow has implemented a growth strategy to support the increasing demand for high performance packaging.

Situated in Jubail, the Kingdom of Saudi Arabia, Sadara is the

largest petrochemical complex ever build in a single phase and is an integral part of this growth strategy.

Sadara will provide 1.3 million tons of high performance plastics products from four state-of-the-art PE units supported by a high-tech cracker facility. These extra volumes will enable Dow to increase participation in West Africa and will add greater access to a more secure supply to serve fast growing markets across the wider African continent, Turkey, Asia Pacific, Eastern Europe, and certain regions of the Middle East.

The second PE unit is expected to start-up in the second quarter, with the remaining two units scheduled for start-up over the coming nine months and full production capacity to be reached within the first year of operation.

“The West African region presents a wealth of opportunities for our customers and Dow P&SP is working hand-in-hand with members of the value chain to ensure this promising future becomes a reality,” said

Sales Director, Dow Packaging and Specialty Plastics in the Middle East, Africa and Turkey, Sami Mainich.

“Dow is taking serious steps to support its next generation of growth and products in emerging geographies. We are a growth business in a growing region. In 2012, Dow opened its first West African office in Ghana, followed by the office in Nigeria in 2015.

Now with Sadara in motion, we will further enhance our collaboration with customers throughout West Africa, bringing additional capacity to the region and providing more access to our global expertise through our teams on the ground. ” Managing Director, Dow West Africa, Tony Groosman, said:“In growth regions like West Africa, it is events like these that provide ideal platforms to encourage and strengthen dialogue with customers, to ultimately further understand market needs and explore new ways in which we can collaborate and capture more opportunities together.

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T H I S D AY • TUESDAY, APRIL 19, 2016

PROPERTY & ENVIRONMENT Lagos’ 4th Mainland Bridge to Boost Ikorodu, Ajah Property Markets, Say Experts The resolve by the Lagos State Government to construct the much-talked about 4th Mainland Bridge to link Ikorodu, an ancient town to Ajah, an emerging settlement on the Lagos-Epe Expressway, is beginning to stir the property markets in Ikorodu and Ajah axis that are going to be linked directly, writes Bennett Oghifo

Mainland bridge, Lagos

T

he Fourth Mainland Bridge will run from Ajah to Ikorodu to Isawo and berth at Ojodu, Ikeja back to the Ibadan expressway.

The state government would formally sign a Memorandum of Understanding (MoU), with investors for the construction of the proposed 4th Mainland Bridge before the end of next month, according to Governor Akinwunmi Ambode.

Once the agreement is signed, work would begin on the bridge, which according to him, would go a long way to boost the economy of Lagos East Senatorial District.

“Many investors have shown interest in the actualisation of our dream for the 4th Mainland Bridge, which By the grace of God, we will sign an MoU and commence action before May 29.”

Property value…

According to a Director in Union Homes, a foremost Mortgage Bank, “With the 4th Mainland Bridge, land value will appreciate by about 500% of the present land value. This will be witnessed in the green areas of Ikorodu town where good and intentional planning by Lagos State Government can create a replica of Lekki Scheme 1.”

He said Ikorodu is centrally located to drive regional retail and inter states transportation business in a massive way, adding that there would an increase in the development of affordable and decent housing for the middle class.

The proposed bridge would boost and redefine modern living in Ikorodu, “as the location provides an uncommon advantage of a developing water transportation sector and a recently improved

road-link expansion.

“The water fronts of Ikorodu offer a new opportunity for hospitality and recreation business “As things stand, Ikorodu is set to be the new practical city and now is the time to invest. The caveat is the challenges caused by the activities of vicious and illegal land grabbers which the government must deal with ruthlessly if they are to reap the benefits of this city poised to be recreated. Another advice for the government is for them to be at the forefront now in modernising this ancient city.”

As in all cases, such a new bridge would have generate a range of economic benefits for the surrounding neighborhoods. It will create jobs and boost property values, stimulate additional development, increase tourism, drive leisure spending by tourists and local residents, expand

opportunities for local businesses, and generate tax revenues for local governments.

The bridge’s construction will expand opportunities for local businesses in adjacent communities, and additional local revenue.

There will also be an increase in real estate development adjacent to the bridge, and additional local revenue; and higher values for existing properties adjacent to the bridge, and additional local revenue.

According to the former Chairman, Housing Faculty, Nigerian Institution of Estate Surveyors and Valuers, Chief Kola Akomolede, “It will definitely increase property values on Ikorodu.

Many more people will live in Ikorodu and work in Lagos. This will lead to increased demand for properties in Ikorodu and it’s environs. Increased demand will lead to higher values and rent.”

How to Deliver Profitability in Real Estate Projects in a Challenging Economy

A

s Nigeria’s economy passes through a very challenging period, the thought of players in the nation’s real estate sector is how to ensure sustainable business.

Some specially selected experts will provide very useful tips on how real estate developers can cope in this environment at a training being organised by Fine and Country International (W.A) in collaboration with the Institute of Real Estate Excellence (IREE).

According to Fine and Country, “In a volatile, uncertain, and competitive real estate market, real estate developers must engage rapidly changing market conditions, competitive pres-

sures, shifting client demands and expectations, to deliver creative real estate solutions that are valuable to consumers and yet achieve their business objectives of sustainable profit.”

The mid-year Training/Conference with the theme, ‘Intelligent Real Estate Marketing for Developments,’ is targeted at developers, real estate investors, brokers, and all real estate professionals. It will provide in-depth case-studies, practical approach to Product Positioning, Pricing and Profitability for Real Estate Developments.

This training/conference follows the highly successful Refined Investor Series which held in November last year.

The full-day session, the organisers said

would have a faculty of seasoned experts in marketing, branding and legal matters.

Some of the programme highlights include: ‘Understand the Core Principles and Process of Strategic Marketing’; ‘Learn about Intelligent Real Estate Marketing’: ‘A Marketing Case Study of Global and Local Real Estate Projects with a focus on Premium Residential, Commercial and Mixed Use Developments’; ‘Develop a Practical Model for Deciding What to build and What sells in an emerging market?’

Participants will also Learn about ‘Creating a Winning Project Experience’; Develop a system for Positioning Developments for Profitability; Learn effective strategies for Identifying Your Ideal Target Market and

Qualifying your Clients; Investigate Creative Funding and Pricing Strategies for Sustainable profits; Explore Effective Digital Marketing in Real Estate; Understand the Role of Legal Documentation in Real Estate Marketing and Customer Engagement; and Learn the importance of Structuring and Negotiating Contracts for Profitability.

Fine and Country is a premium advisory and marketing real estate brand to leading developers in Nigeria and globally, and has garnered knowledge and experience over the years and understands the need for real estate developers to create massive impact and high profitability in an emerging market such as Nigeria’s.

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PROPERTY & ENVIRONMENT

Record Number of Signatures Expected for Climate Change Agreement Tomorrow A record number of countries are expected to sign the historic climate agreement adopted last December in Paris at a signing ceremony to be hosted

by United Nations SecretaryGeneral Ban Ki-moon tomorrow.

A statement by UNEP said more than 130 countries have confirmed that they will sign the Paris Agreement on April 22, the first day that the agreement will be open for signature. This would surpass the previous record of 119 signatures for an opening day signing for an international agreement, set by the Law of the Sea in Montego Bay in 1994.

In addition, more countries have informally indicated that they will sign the agreement, with the numbers increasing rapidly each week. Over 60 Heads of State and Government will attend the ceremony, including French President François Hollande, demonstrating the continued high level of engagement by world leaders to accept and implement the Paris Agreement.

The signing ceremony will mark the first step toward ensuring that the Paris Agreement enters into force as early as possible.

The agreement will enter into force 30 days after at least 55 countries, accounting for 55 per cent of global greenhouse gas emissions, deposit their instruments of ratification or acceptance with the SecretaryGeneral.

A number of countries have also indicated that they will deposit their instruments of ratification immediately after signing the agreement on 22 April. Tomorrow’s signing ceremony will also bring

together leaders from civil society and the private sector to discuss efforts to boost financing for climate action and sustainable development, and to increase actions that would achieve the Paris Agreement’s goal of limiting average global temperature rise to well below 2 degrees Celsius.

“Paris was historic,” the Secretary-General said. “But it’s only the beginning. We must urgently accelerate our efforts to tackle climate change.

I encourage all countries to sign the Paris Agreement on 22 April so we can turn aspirations into action.” The 2015 United Nations Climate Change Conference, COP 21 or CMP 11 was held in Paris, France, from 30 November to 12 December 2015. It was the 21st yearly session of the Conference of the Parties (COP) to the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and the 11th session of the Meeting of the Parties to the 1997 Kyoto Protocol.

The conference negotiated the Paris Agreement, a global agreement on the reduction of climate change, the text of which represented a consensus of the representatives of the 196 parties attending it.

The agreement will become legally binding if joined by at least 55 countries which together represent at least 55 percent of global greenhouse emissions.[3] [4][5] Such parties will need to sign the agreement in New York between 22 April 2016 (Earth Day) and 21 April 2017, and also adopt it within their own legal systems (through ratification, acceptance, approval, or accession).

Printers in Awka Request Land from Govt Emeka Osondu in Awka The Masters Printers Association in Awka, Anambra State, has appealed to Governor Willie Obiano to allocate to it a piece of land in the city for industrial use. The industrial land, the group said would enable it co-ordinate the activities of members and to improve on their practice.

In a chat with newsmen in Awka, recently, the assistant chairman of the association, Charles Nosike Chukwurah said the industrial land, if approved, would help the members curtail losses involved in the frequent transfer of printing machines and other hardware from one location to another.

Chukwurah also said the industrial land would go a long way to complement the increase in the spate of development in the capital city by Governor Obiano.

He said the land would also enable the association harness the potentials of its members for effective development of the printing industry and create jobs for the teaming youths, among others.

He said there was need for every well-meaning individual to support the giant strides of

Obiano, through the construction of three fly-over bridges, link roads and by providing an enabling environment for investment, thus, uplifting the infrastructural and economic standard of Awka.

The group also sent an appeal to President Muhamadu Buhari to complete the Dry Seaport in the state’s commercial hub, Onitsha, as well as ensure the extension of the railway line from Enugu to Awka to facilitate easy movement of goods and services in the state. Chukwurah urged President Buhari to enhance the development of commerce and industry in the South East zone, especially in Anambra, by providing the necessary platform for both social and economic growth.

According to him, “While we commend the president for his sustained fight against corruption, which has gone a long way to restore the dignity of Nigeria among the comity of nations, we passionately appeal to him to ensure the completion of the dry seaport and ensure the extension of the railway line to Awka, the state capital. Anambra as a commercial-oriented state has the greatest need for these facilities.”

Nigerite Embarks on Merchandising at Distributors’ Outlets Bennett Oghifo As part of its commitment to creating mass awareness for its different range of quality products, Nigerite, a complete building solutions company has commenced aggressive merchandising at its distributors outlets in the South West region.

The leading Nigerian building materials manufacturing company has also concluded plans to honour and reward some of its distributors that have remained loyal and stead fast in trade partnership over the years.

Dropping the hint in Lagos,

Nigerite’s Marketing Communications and Research Manager, Mr. Victor Jolaoso said “the idea of embarking on merchandising is to maintain top –of-the mind awareness while also ensuring constant and consistent visibility for our brands at the point of purchase.

His words; “we want to improve products visibility and brand awareness at the distributors point of sale so that our customers can easily differentiate our products from that of the competitors, Jolaoso said.

During the exercise, accredited distributors and sales

agents would be engaged and trained by brand executives on how to promote the Nigerite brands at their point of sales terminals. Similarly, all trade partners involved in the handling of Nigerite products are to be trained.

Speaking further, he hinted that the training is aimed at enabling distributors/trade partners understand the metrics of brand building and awareness which will ultimately lead to improved demand and customer affinity for its products”.

According to Jolaoso, “as the brand owner, the training

will help our distributors/ trade partners understand the metrics of brand building and awareness which will lead to improved demand and customer affinity for our products and services”.

Meanwhile, Nigeirte has concluded plans to honour its long-serving distributors for their loyalty and sustained patronage over the years. The company which has been in operations in the last 56 years initiated this move as a way of rewarding the trade partners who have been part of its success stories in the years gone by.

A house re-roofed by Nigerite

New Secretary Appointed for Intergovernmental Panel on Climate Change Current Vice-President of the World Meteorological Organization (WMO) Mr. Abdalah Mokssit, from Morocco, has been offered and has accepted the position of new Secretary of the Intergovernmental Panel on Climate Change (IPCC).

The announcement was made at the forty-third session of the IPCC, convening in Nairobi last week.

Dr. Petteri Taalas, SecretaryGeneral of WMO said, “I have had the pleasure to collaborate with Mr. Mokssit for more than a decade as a colleague, WMO Director and as an Executive Council member.

He has special organizational and diplomatic skills; these will be needed to engage more developing country experts and governments in the IPCC’s work. I am convinced that he will be a very useful asset for IPCC.” UN Under-Secretary-General and Executive Director of the UN Environment Programme (UNEP) Achim Steiner said, “I welcome the selection of Mr. Mokssit as the New IPCC Secretary. He brings to the position years of experience at the national, regional and global levels and UNEP looks forward to continuing to support the vital work of the IPCC, especially through the joint efforts of the UNEP-WMO Secretariat.”

Mr. Mokssit has extensive

experience with the IPCC, WMO and at the national level. Under his leadership, the Meteorological Service of Morocco became one of the leading meteorological agencies in Africa, meeting high international standards.

The final selection for the position was made by WMO Secretary General, the UNEP Executive Director and the IPCC Chair, following UN procedures.

The Intergovernmental Panel on Climate Change (IPCC) is the world body for assessing the science related to climate change.

The IPCC was set up in 1988 by the World Meteorological Organisation (WMO) and United Nations Environment Programme (UNEP), endorsed by the United Nations General Assembly, to provide policymakers with regular assessments of the scientific basis of climate change, its impacts and future risks, and options for adaptation and mitigation.

The IPCC does not do its own research, conduct climate measurements or produce its own climate models; it assesses the thousands of scientific papers published each year to tell policymakers what we know and don’t know about the risks related to climate change. The IPCC identifies where there is agreement

in the scientific community, where there are differences of opinion, and where further research is needed.

Thus the IPCC offers policymakers a snapshot of what the scientific community understands about climate change rather than promoting a particular view. IPCC reports are policy-relevant without being policy-prescriptive. The IPCC may set out options for policymakers to choose from in pursuit of goals decided by policymakers, but it does not tell governments what to do.

To produce its reports, the IPCC mobilises hundreds of scientists who work as volunteers. These scientists and officials are drawn from diverse backgrounds. Only fourteen permanent staff work in the IPCC’s Secretariat.

The members of the IPCC, comprising the Panel, are the195 member states of the UN and WMO. They work by consensus to endorse the reports of the IPCC and set its procedures and budget in plenary meetings of the Panel.

The word “Intergovernmental” in the organisation’s name reflects this.

IPCC reports are requested by the member governments and developed by authors drawn from the scientific community in an extensive process of repeated drafting and review. Scientists and

other experts participate in this review process through a selfdeclaration of expertise. The Panel endorses these reports in a process of dialogue between the governments that request the reports and will work with them and the scientists that write them. In this discussion the scientists have the last word on any additions or changes, although the Panel may agree by consensus to change something in the summaries for policymakers of the reports.

The IPCC produces comprehensive assessment reports on climate change every six years or so. Among its other products it also issues special reports on particular topics requested by its members, and methodology reports and software to help members report their greenhouse gas inventories (emissions minus removals).

The IPCC completed the Fifth Assessment Report (AR5) with the release of the Synthesis Report on 2 November 2014. AR5 is the most comprehensive assessment of climate change ever undertaken. Over 830 scientists from over 80 countries were selected to form the author teams producing the report.

They in turn drew on the work of over 1,000 contributing authors and over 1,000 expert reviewers. AR5 assessed over 30,000 scientific papers.

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INTERNATIONAL

email:foreigndesk@thisdaylive.com

US Slams Turkey on Human Rights, Press Freedom Zacheaus Somorin

The United States has slammed Turkey on human rights and press freedom, accusing it of restricting civil rights and arrogantly violating basic human rights in a long annual human rights report released recently. The report berates the country’s“challenging security environment”and attacks on party officials, saying in many instances, it“hindered contestants’ ability to campaign freely”, and expressed concern that media restrictions during the campaign period“reduced voters’access to a plurality of views and information during the election process on November 1, which led to the formation of a government on November 24 by Prime Minister Ahmet Davutoglu, even though it was considered a generally free election.

The report revealed that multiple provisions in the law created the opportunity for the government to restrict freedom of expression, the press, and the internet.

The report said:“Government pressure on the media continued.

As of November authorities had arrested an estimated 30 journalists, most charged under anti-terror laws or for alleged association with an illegal organization. The government also exerted pressure on the media

through security force raids on media companies; confiscation of publications with allegedly objectionable material; criminal investigations of journalists and editors for alleged terrorism links or for insulting the president and other senior government officials; reprisals against the business interests of owners of some media conglomerates; fines; and internet blocking.

It said a number of media outlets affiliated with the Fethullah Gulen movement were dropped from digital media platforms (cable providers) and five outlets were taken under the control of government-appointed trustees.

Representatives of Gulenist and some liberal media outlets were denied access to official events and in some cases, denied press accreditation.”

The report added that “wide leeway granted to prosecutors and judges contributed to politically motivated investigations and court verdicts that were not consistent with the law or with rulings in similar cases. Authorities applied the broad anti-terror laws extensively with little transparency to arrest opposition political party members and individuals accused of association with the PKK or the Fethullah Gulen movement.

Authorities continued to make arbitrary arrests, hold detainees for lengthy and indefinite periods, and conduct extended trials’’.

“The government also indicted six judges and prosecutors involved in investigating alleged corruption of high-level govern-

ment officials, a move interpreted as an attempt by the executive branch to intimidate members of the judiciary,“ the report added.

According to the report, ‘peace courts’ created legal confusion due to unclear hierarchy and authority. “The courts in December 2014, for example,” it said,“ordered the arrest of Samanyolu Broadcasting Company CEO, Hidayet Karaca and other members of the media as well as 33 police officers with alleged ties to Fethullah Gulen, a Muslim cleric accused of operating a clandestine network within the executive and judicial branches with a goal of overthrowing the government.”

“After a higher-level court

ruled on April 26 that detainees should be released, the Istanbul chief public prosecutor stated the higher court’s decision was null and void because another peace court had simultaneously ruled for the continuation of their detention. The defendants were indicted on September 17, and the case continued at year’s end.”

The report suggested that the country’s system for educating and assigning judges and prosecutors created close connections between them; observers (including the European Commission) claimed this led, at least, to the appearance of impropriety and unfairness in criminal cases.

It pointed out that“prosecutors and judges studied together

at the country’s Justice Academy before being assigned to their first official posts by the HSYK; after appointment, they often lodged together, shared the same office space, worked in the same courtroom for many years, and even switched positions over their careers.

“Prosecutors entered courtrooms through doors reserved for judicial officials and sat next to judges throughout court proceedings. Human rights and bar associations noted that defense attorneys generally underwent less rigorous training than their prosecutorial counterparts and were not required to pass an examination to demonstrate a minimum level of expertise.”

Erdogan

Ecuador’s Quake Toll Rises to 350 Ecuador’s earthquake death toll rose to 350 yesterday as traumatised survivors rested amid the rubble of their homes and rescuers dug for survivors in the Andean nation’s shattered coastal region. More than 2,000 were also injured in Saturday’s 7.8 magnitude quake, which ripped apart buildings and roads and knocked out power along the Pacific coastline.

Giving the new tally of fatalities from Portoviejo town inside the disaster zone, President Rafael Correa told Reuters he feared the number would rise even further.

“Reconstruction will cost billions of dollars,” he added.

The normally upbeat socialist president looked deeply moved as he chatted with victims during a tour of the shattered town in the South American OPEC nation, which was already suffering from the global slump in crude oil prices.

Further north, in the beach locality of Pedernales, survivors curled up on mattresses or plastic chairs next to flattened homes. Soldiers and police patrolled the hot, dark streets overnight while pockets of rescue workers plowed on.

At one point, firefighters entered a partially destroyed house to search for three children and a man apparently trapped inside, as a crowd of 40 gathered in the darkness to watch. “My little cousins are inside. Before, there were noises, screams. We must find them,” pleaded Isaac, 18, as the firemen combed the debris.

Tents sprang up in the town’s still-intact stadium to store bodies, treat the injured, and distribute water, food, and blankets. Survivors wandered around with bruised limbs

and bandaged cuts, while those with more serious injuries were evacuated to hospitals.

The disaster is dreadful news for Ecuador’s economy, already forecast for near-zero growth this year due to plunging oil income.

The energy industry appeared largely intact although the main refinery of Esmeraldas was closed as a precaution. However, exports of bananas, flowers, cocoa beans and fish could be slowed by ruined roads and port delays.

Michael Henderson, analyst at risk consultancy Maplecroft, said Ecuador was less well equipped to recover than Chile where a 2010 earthquake caused an estimated $30 billion in damage. “Whereas Chile’s economy was rebounding strongly from the global financial crisis when its own earthquake struck, Ecuador has been slowing sharply recently as lower oil prices depress activity,” he said.

“But total damage to assets in dollar terms may be quite a bit lower than in Chile due to the smaller magnitude of the earthquake and the fact that Ecuador is a much poorer country.”The quake could also play into political dynamics ahead of next year’s presidential election.

The government’s response seemed relatively speedy, with Vice President Jorge Glas - a potential candidate in the February 2017 vote - flying into the disaster zone within hours and Correa coming straight back from a trip in Italy.

But some survivors complained about lack of electricity and supplies, and aid had still not reached some areas. With Ecuadoreans jittery about possible looting, armed men

UNBELIEVABLE

A re ghter walks past a collapsed building after an earthquake struck off the Paci c coast, in Guayaquil, EcuadorÖ Weekend

Ethiopia: Death Toll from Raid Rises to 208 The death toll from a raid carried out by South Sudanese gunmen in western Ethiopia has risen to 208 people and the assailants kidnapped 108 children, an Ethiopian official said on Sunday.

The attack took place on Friday in the Horn of Africa The nation’s Gambela region which, alongside a neighbouring province, hosts more than 284,000 South Sudanese refugees who fled conflict in their country. By Sunday afternoon, the number had

risen to“208 dead and 75 people wounded”from 140 a day earlier, government spokesman Getachew Reda told Reuters, adding the assailants had also abducted 108 children and taken 2,000 head of livestock.

“Ethiopian Defence Forces are taking measures. They are closing in on the attackers,” he said. Getachew did not give further details, but officials in Gambela said on Saturday Ethiopian troops had crossed

the border in pursuit of the attackers.

Cross-border cattle raids have occurred in the same area in the past, often involving Murle tribesmen from South Sudan’s Jonglei and Upper Nile regions - areas awash with weapons that share borders with Ethiopia.

Previous attacks, however, were smaller in scale.

The gunmen are not believed to have links with South Sudanese government troops or

rebel forces who fought the government in Juba in a civil war that ended with a peace deal signed last year. South Sudanese officials were not immediately available for comment.

Under pressure from neighbouring states, the United States, the United Nations and other powers, South Sudan’s feuding sides signed an initial peace deal in August and agreed to share out ministerial positions in January.

France, Italy, Spain Call for Broader EU Naval Mission in Libya France, Italy and Spain have urged their European partners to move the EU’s Mediterranean naval mission into Libyan waters, if requested by a new government in Tripoli, to stop a new tide of migrants and uphold a U.N. arms embargo.

An expanded naval mission is one part of the EU’s emerging support plan for Libya, which EU foreign and defence ministers will discuss over dinner in Luxembourg, and could see Europe return to the country with 100 million euros in aid.

“It is indispensable to ensure Libya’s stability, the security of Libyans and also its borders,”said French Foreign Minister Jean-Marc

Ayrault, after a weekend visit to Tripoli. “We must do all we can to fight against the human smugglers and arms trafficking,”he told reporters, referring to the United Nations arms embargo on Libya, in place since 2011.

More than 50 ministers will discuss the plans that also include sending security personnel to train Libyan police and border guards and that could mark Europe’s most significant intervention in North Africa in decades.

Europe is eager to support the new unity leaders to tackle Islamic State militants and stop migrants, though the new government is still trying to establish itself in Tripoli

and is wary of being seen as a foreign-imposed body with no legitimacy.

Europe’s failed efforts to help its neighbours since 2003 has created what some officials have described as “a ring of fire” on the EU’s borders, with refugees teeming towards the European Union. Reports of another mass drowning of migrants over the weekend in the Mediterranean, off Egypt’s coast, demonstrated that people smugglers were still operating freely and flows could increase as the weather improves.

Italian Foreign Minister Paolo Gentiloni circulated a list of ideas to ministers, which set

out how the EU naval mission should start “new phases and tasks, including the training of the Libyan coastguard.”Asked if the naval mission should operate in Libyan waters, Spanish Foreign Minister Jose Manuel Garcia-Margallo said: “Yes, it is very urgent.”

The EU’s “Sophia” mission is operating in international waters near Libya and has saved some 8,000 lives since it started in mid-2015, but it is too far out to destroy boats used by people smugglers, catch traffickers or head off an expected surge in migrants trying to reach Europe by sea from Libya.

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NEWSEXTRA

Gbajabiamila Writes Chinese President, Accuses Ekiti Gov of Economic Sabotage Fayose slams Oyegun, others for criticising him Damilola Oyedele in Abuja and Olakiitan Victor in Ado Ekiti

The Majority Leader in the House of Representatives, Hon. Femi Gbajabiamila, has described the action of Governor Ayo Fayose of Ekiti State for cautioning China against granting a $2 billion loan to Nigeria, as attempted economic sabotage and subversion.

Gbajabiamila, in a letter dated April 18, 2016 addressed to President Xi Jingping of China, urged a complete disregard of the letter written by Fayose, whose duties, he noted, do not extend to foreign affairs or economic diplomacy.

“Fayose is a governor who overreaches himself and can be described as a meddlesome interloper,” the majority leader said, adding that the governor’s actions

should be excused as vituperations and exuberance.

“Nigeria’s principle of the separation of powers between the federal, state and local government, have made Fayose’s action a clear affront on the constitution, by delving into matters outside his state, particularly as it concerns international agreements between two sovereign nations,” he added.

“Indeed the Seventh Schedule to the Constitution contains the oath of office sworn to by the governor of a state on assumption of office and it states:“........that I will exercise the authority vested in me as governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria,” the letter read.

Gbajabiamila added that for Fayose to refer to a $2 billion

Lagos CP Brokers Peace Between Warring Linda Ikeji, Wizkid Chiemelie Ezeobi The Lagos State Commissioner of Police, Fatai Owoseni, has brokered peace between the warring duo of blogger, Linda Ikeji and popular musician, Ayo Balogun known as ‘Wizkid.

Owoseni was said to have waded into the feud after the blogger had petitioned the command over an alleged threat to beat her up made by the musician on social media.

Using Alternative Dispute Resolution (ADR), both factions hashed out the issues of the alleged threat to life and left in peace.

This is contrary to claims that Balogun would soon be arrested by the operatives of the state command on the orders of the CP.

The musician was said to have threatened to send his 16-year-old cousin to beat her up over a story the blogger published on her blog weeks ago.

The blogger had published that the musician was evicted from his home over his inability to pay the rent.

Confirming the incident, the state Police Public Relations Officer, Dolapo Badmos, said a peace deal had been brokered.

She said: “Indeed the state police command received a petition of threat to life from Linda Ikeji against Ayo Balogun.

“But the CP has waded into the issue between Wizkid and Linda Ikeji. Alternative dispute resolution was used and the parties left in peace.”

loan as a $6 billion investment package shows that he is not fully aware of the transaction between Nigerian and China.

Meanwhile, Fayose has advised the All Progressives Congress (APC) National Chairman, Chief John Odigie Oyegun; his Deputy, Segun Oni, and others who criticised him over his opposition to the alleged borrowing of $2 billion loan by the federal government to stop displaying hypocrisy in the interest of the nation.

Fayose said his reaction to the attempt by President Muhammadu Buhari to borrow the money was done out of national interest and not because of his personal animosity against the president, adding that what the APC did against him was tantamount to hypocrisy.

He described President Buhari’s non-signing of any direct loan agreement with the Chinese Government during his visit as a vindication of the governor’s position, maintaining that: “What Nigeria needs is the collaboration of the government of China in the area of technology transfer, rather than granting loan that

will be mismanaged under the guise of building infrastructure.”

In a statement issued yesterday in Ado Ekiti by his Special Assistant on Public Communications, Lere Olayinka, Fayose said: “People like Oyegun, Oni and Prof Itse Sagay lack moral rights to complain even if Buhari is called whatever names because they never complained when as a sitting President, Dr. Goodluck Jonathan was called unprintable names by APC stalwarts and leaders.”

The governor said he only exercised his rights as a Nigerian, asking: “Where were the likes of Oyegun, Oni, Sagay and others when APC promoted crude politics and anti-Nigeria posturing to an unprecedented level when Peoples Democratic Party (PDP) was in power?

“It is on record that APC wrote to the United States of America not to sell arms to Nigeria, reported the country to the European Union, United Nations and went to the bizarre extent of reporting the then Chief of Army Staff, Azubuike Ihejirika, to the International Criminal Court (ICC), not for committing the kind

of genocide committed against the Shiite Muslims in Zaria and Agatus in Benue State, but for killing Boko Haram insurgents.

“On one occasion, a certain APC stalwart insinuated that Jonathan’s visit to Chad was to plan further attacks on the North, tweeting that ‘Boko Haram: Jonathan visits Chadian President Idris Deby for the second time in two months, to plan further attacks.’

“It is also on record that instead of lending his voice to the federal government efforts to dislodge Boko Haram insurgents, President Buhari opted to describe the clampdown on Boko Haram as injustice against the North. He went on to accuse the government of killing and destroying the insurgents’ houses while the Niger Delta militants were given special treatment by the government.

“Even when Oni was Ekiti State governor as a PDP member, Action Congress (AC) as APC then wrote against his government move to obtain a N5 billion loan. Isn’t it then funny that because he is now in APC, the same Oni is now against Fayose doing the same

thing done against him by the APC elements in Ekiti State?

“Isn’t it also funny that in Oyegun, Oni, Sagay among others political dictionaries of hypocrisy that it was right for APC stalwart to have reported the federal government to ICC but wrong for Fayose to have written to the Chinese government on the federal government’s plan to mortgage the future of Nigeria and its people?”

The governor’s spokesperson said since the federal government claimed it has recovered and still recovering trillions of naira allegedly looted from the treasury, there was no need to borrow money from anywhere to finance the 2016 Budget.“With the $200 billion they claimed is coming from Dubai, $700 million cash they said was found in Diezani Alison Madueke’s house, N3 trillion said to have been saved from the Treasury Single Account (TSA) and N4.5 trillion the Federal Inland Revenue Service (FIRS) said it will generate this year, what then is the rationale behind the federal government seeking any loan?

BAOSA Elects Idowu, Akiotu into National EXCO Two media executives were among nine officers elected to pilot the affairs of the Baptist Academy Old Students Association (BAOSA) for the next three years.

They are Mr. Lanre Idowu, Chief Executive Officer, Diamond Publications and Mr. Tony Akiotu, Managing Director, Daar Communications. While Idowu emerged as the National President, Akiotu was elected National Public Relations Officer.

In a keenly contested election at the association’s national convention held over the weekend in the hall of the 161-year-old school, the nine officers elected are: Mr. Lanre Idowu, president, Mr. Yomi Jones, Deputy President, Mr. Niyi Thompson, General Secretary, Mr. Dotun Lampejo, Deputy Secretary, Mr. Alex Okoh, Treasurer, and Mr. Olumide Ajomale, Financial Secretary, Mr. Tony Akiotu, Public Relations Officer, Mr. Niyi Onifade, Deputy PRO, and Mr. Ademola Adebise, Auditor.

Held in an atmosphere of lighthearted banter and subtle campaign, the day started with an address of welcome by Chief Tunde Onakoya, the outgoing

president, who expressed delight at the association’s rejuvenation in the last seven years.

He enumerated areas of intervention in the school that BAOSA has been involved in.

These include the annual founder’s day celebration, prize giving day, inter house sports meet, and the ongoing library being built by its Chairman, Board of Trustees, Chief Adebutu Kessington.

After receiving the reports of the treasurer, secretary, and school principal, the convention witnessed the accreditation of financial members for the purpose of the elections, which were done by secret balloting.

Eminent Professor of Mass Communication, Idowu Sobowale was the returning officer.

In his acceptance speech, the new president, Idowu promised to run an administration that would consolidate on the worthy legacies bequeathed by predecessors, consult widely on fresh initiatives, and communicate effectively to fellow alumni, the school and its proprietors and the public. Delegates thereafter went on a tour of the 161 year old school.

CHANGE OF GUARD

New Director General, National Youth Service Corps (NYSC), Brigadier General Sule Zakari Kazaure (left), taking over from Brigadier General Johnson Bamidele Olawumi, during the handing over ceremony at the NYSC Headquarters in Abuja ...yesterday Enock Reuben

Gumi: Boko Haram 100% Muslim Problem, Preaching Bill Unconstitutional A prominent Muslim cleric, Sheikh Ahmad Gumi, has said that Boko Haram is 100 per cent a Muslim problem, accusing some people in the North of “cooperating with and working to protect them.”

Gumi said in the current April edition of The Interview, that, “Boko Haram as it now is cannot prosper in Ibadan, because the locals will expose them. The same in Enugu.

The people agitating for Biafra cannot prosper in the North because they will be exposed.

“We have to understand,” he said, “that these people are from amongst us and that the society was not doing enough to bring

these elements out. I can tell you that Boko Haram is 100 per cent a Muslim problem.”

Gumi, who also described the agitation for Biafra as “analogue,” challenged Muslim leaders to do more to combat Boko Haram.

Commenting on the controversial bill to regulate preaching in Kaduna State, Gumi said the bill had gone too far and was an infringement on the constitution.

“If you are trying to fight terrorism and extremism,” he said, “you don’t clamp down on the freedom of speech, freedom of thought and freedom of

propagation of thoughts. These liberties are enshrined in the constitution.”

The Kaduna State Governor, Nasir el-Rufai, had said the bill was an updated version of an existing law required to curtail inflammatory sermons by faith leaders.

Gumi however said the bill could drive extremism underground. The cleric also spoke on the militaryShiite clash in Zaria; the ongoing investigation into the $2.1billion arms scandal involving the former National Security Adviser, Sambo Dasuki; and the anti-corruption war of President Muhammadu

Buhari’s government.

In this edition, Captain Lola Odujinrin, the Nigerian aviator who could become the first black man to make a successful solo flight around the world this April, also granted his first full-length interview.

“You can only truly chase a dream when you are prepared to sacrifice the world for it,” Odujinrin said.

The issue also contains interviews with former Lagos State Chief Judge, Justice Ayotunde Phillips; US-based Nigerian basketball prodigy, Temi Fagbenle; and computer scientist-turned-foodie, Nky Iweka, amongst others.

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CRIME&PUNISHMENT

Army Killed Our Relatives, Ogonis Insist Wike: Misguided politicians sponsor false reports of political killings

Ernest Chinwo inPortHarcourt Tears flowed freely yesterday at the auditorium of the Rivers State House of Assembly complex as relatives of victims of alleged killings by the Nigerian Army in Ogoniland before and during the March 19 rerun elections in the state recounted their ordeals to the House of Representatives Committee on the Army.

It was a town hall meeting of the House of Representatives Committee on the Army with stakeholders including the Civil Liberties Organisation (CLO) and families of victims of alleged killings and harassment by the army in the state.

This came as the state Governor, Nyesom Wike, declared that reports of alleged massive insecurity and political killings in the state before the March 19 rerun elections were concocted by misguided politicians to mislead Nigerians.

Addressing the stakeholders, the Chairman of the House of Representatives Committee on the Army, Hon. Rimamde Kwewum, said the committee was in the state on a fact-finding visit following petitions to the National Assembly by the CLO on alleged killings by the army deployed to parts of Ogoniland before and during the rerun elections, and army’s forceful occupation of a land belonging to a family in Ogbum-nu-Abali Community in Port Harcourt metropolis.

He assured the stakeholders that his committee had no predetermined decision and would be fair to all concerned.

“We are APC, PDP and APGA and not here to promote the interest of any political party. We are here to find out what happened. We are not here to pursue anybody’s agenda,” he said.

The Chairman of the Southsouth zone of the CLO, Chinedu Uchegbu, while presenting the stand of the document of the organisation jointly signed by the Zonal Director, Styvn Obodoekwe

and the Facilitator, Livingstone Wechie, said the CLO had raised issues against the army over alleged illegal killings in the state.

“We raised concerns about the purported search by the army for Chief Solomon Ndigbara, an ex-Niger Delta agitator and the wanton demolition of his houses by the army and the continuous occupation of his Port Harcourt residence by the army including the incessant arrests of indigenes of the area by the same army particularly those from Khana, Gokhana, Tai and Eleme Local Government Areas of Rivers State, most of whom are still in the Army custody at Bori Camp and other cells.

Then flood of tears as relatives of the victims, one after the order, told the committee how they lost their loved ones.

In his testimony, the paramount ruler of Bua Yeghe, Israel Barinade, said his people had been under siege since the military invaded and occupied his community on February 22.

He appealed to the House of Representatives committee to prevail on the soldiers to leave his community as they (army) had been terrorising and harassing his people.

The traditional ruler also absolved Ndigbara, who had since been declared wanted by the army of any complicity in the crisis in his community, saying the ex-militant leader did not do anything wrong to warrant the military invasion.

“If the army leaves my community, my people would be singing praises. If Solomon Ndigbara is out [declared free], there will be peace in my community”, he said.

He also faulted the claim by the military authorities that nobody was shot or killed during the Yeghe invasion as he said several people were killed.

He said: “The army was not saying the truth before the House committee panel. I am standing

Police Arrest Woman for Alleged Attempt to Kill Husband

before God and man; we have lost more than 30 souls to the army invasion.

“It is the Ogoni people who are presented here today (Monday) that can say the truth about what happened. Many of our people had been killed through the army invasion.”

Another traditional ruler of Zaakpor, Chief Smason Adamgbo, also said soldiers shot dead one person, injured three others and destroyed several boreholes when they invaded his community.

He said the victim was Bariture Zigbo, adding, “Nobody is telling lies here. The people that came to my community are soldiers.

They shot these people. I am not talking about other communities because I was not there.”

Also testifying before the committee, a youth leader from Yeghe, Christian Barile, said his

brother, Saturday, was killed by the invading soldiers, along with a pregnant woman and a palmwine tapper who was shot on top of a raffia tree.

“There was no crisis in Yeghe before the invasion. But the army, as soon as they stepped into Yeghe, they started shooting, killing people and destroying things,” he said.

Solomon Ndigbara’s counsel, Eugene Odey, also absolved his client of any crime and expressed hope that the House committee would help restore the freedom of his client.

Odey said Ndigbara, though a former militant, should be declared a free man, being a beneficiary of the amnesty programme.

“Ndigbara was undoubtedly a militant who fought for the Niger Delta agitation. But he has been granted amnesty. There was no conviction against Ndigbara; he

was not charged before any court.

“By virtue of this, Ndigbara is a free citizen. After the amnesty programme, there is no record of his activities that breached the amnesty and thus warrant the manhunt for him. His rights has been infringed.

“First of all, call the army to order by telling them to leave Yeghe and Ndigbara’s property.

His damaged property should also be repaired”, Odey said.

A 27-year-old widow, Sorbarinoi Dornubari Nwibani, said her husband was shot dead by soldiers at the Polytechnic Road/Hospital Junction, Bori on February 23, 2016.

Justus Tombari Winka told a pathetic story of how his son, Joel, who was about to write the Joint Admissions Matriculation Board (JAMB), was allegedly shot dead on February 23.

Meanwhile, Rivers State Governor, Nyesom Wike, has declared that the reports of alleged massive insecurity and political killings before the rerun elections were concocted by misguided politicians to mislead Nigerians.

He declared that the state was largely peaceful with increasing internally generated revenue, IGR, that indicate that businesses are thriving and functional.

Wike spoke yesterday when he received the members of the House of Representatives Committee on the Army investigating the military invasion of Ogoni communities.

He noted that after the rerun elections the sponsored propaganda reports no longer dominate the media because there are no political killings in the state.

PAIN OF A COUNTRY

A cross section of women affected by military invasion weeping profusely during a stakeholders’ meeting by the House of Representative Committee on Army with victims and stakeholders of Ogoni and Ogbumnabali crisis in Rivers State... yesterday Nwankpa Chijioke

Cultists Smash Colleague’s Head in Osogbo Yinka Kolawole in Osogbo

Two members of a cult group in Osogbo on Sunday killed a man denied the allegations, the victim suspected to be one of them in a Rebecca Ejifoma also accused her of destroying their dastardly manner.

The two cultists, one of whom Men of the Lagos State Police property worth millions of naira.

The victim, who has been was said to be a recent jail-returnee, Command attached to the state Criminal Investigation and married to Florence for 18 years had tricked the victim to the back Intelligence Department (SCIID) now, said he had filed for divorce of Winners’ Primary and Secondary School located at Tinumola Estate Panti, Yaba, have arrested Mrs. before a Lagos High Court.

Accusing her of attempted before they smashed his head with Florence Chukwuma for an he said the a stone. alleged attempt to kill her murder, marriage collapsed due to her The victim’s brain was said to husband.

The mother of five was accused incessant harassments and fighting. have shattered immediately as the According to reports, their cultists fled the scene. of attempting to set her husband, The ugly incident occurred Chinedu, ablaze following an traditional ruler in Nnewi, Igwe ongoing disagreement over a Kenneth Orizu, and his council around 6p.m. The victim simply property at the Ejigbo area of had separated the couple after identified as Wale died instantly. they discovered the marriage Residents of the area had fled the state. when the corpse of the victim was The police said the suspect, who had broken down irretrievably.

However, the suspect was said to discovered. is estranged from her husband, had Police operatives from Dada allegedly poured petrol on him have insisted the marriage would and attempted to set him ablaze. continue given that she already Estate Police Division were said to have arrived the scene and took He was however, said to have has five children for him.

The Lagos State Police the remains of the victim to the scaled a fence to escape being burnt, although he sustained spokesperson, Dolapo Badmos, mortuary in Osogbo. said investigation into the case A police source who did not minor injuries. want his name in print, told Though the suspect had since was still ongoing.

THISDAY that a phone found in the pocket of the victim had rang few minutes after he was murdered.

The source said the victim’s father had called to know his whereabouts and ask him to return home.

The source also said a suspect was arrested yesterday.

When contacted, the Police Public Relations Officer, Mrs. Folasade Odoro, said policemen on patrol received a call that some people were fighting at Tinumola Estate and moved to the scene immediately.

“When policemen got to the scene, they saw a young man whose age and name were unknown lying down dead in the pool of his blood.

She said one suspect had been arrested in connection with the crime while body of the deceased had been deposited at LAUTECH mortuary.”

She added that the Commissioner of Police, Mr. Kola Sodipo had ordered a full scale investigation into the matter.

Navy Declares Fake Captain, Others Accused of Bribery Wanted Senator Iroegbu inAbuja The Nigerian Navy has declared an alleged impostor, who collected bribe from unsuspecting members of the public as a senior naval officer, wanted for impersonation.

The Director of Information (DINFO), Commodore Christian Ezekobe, made this clarification yesterday, following a report that one “Captain Olugboyega Olubiyi Ayokunle” who claims to be a senior officer of the Nigerian Navy collected the sum of N100,000 from Mr. Olugbemiga Ayeni as mobilisation fee for investigation into alleged fraudulent dealings involving another naval officer, whose name was given as Prince Aderemi, Aderemi’s wife and one Mr. Olugbenga Ayeni.

Ezekobe said in view of the report and a formal complaint forwarded to the Naval Headquarters by Mr. Olugbemiga Ayeni on the behavior of the said “Captain Olugboyega Olubiyi Ayokunle,” the Nigerian

Navy carried out a thorough investigation on the identity of the names mentioned and discovered that the men who are parading as officers of the Nigerian Navy are impostors.

“To this end, the Nigerian Navy wishes to state categorically that the said Prince Aderemi is not a naval rating as alleged. Also Captain Olugboyega Olubiyi Ayokunle whose photograph is hereby attached to this disclaimer is not a Nigerian Navy officer. The naval uniform insignia worn by the suspect is fake as such not that of the Nigerian Navy,” he stated.

“Therefore he cannot be serving in the Western Naval Command of the Nigerian Navy as alleged in the news report,” he added.

The DINFO declare that the said “Captain OA Olugboyega is a wanted person by the Nigerian Navy for offences ranging from impersonation and illegal possession of fire arms as shown in the attached pictures.”

42

T H I S D AY • TUESDAY, APRIL 19, 2016

BUSINESS/MONEYGUIDE

Access Bank Launches N1bn ‘AccessNolly’ Fund Obinna Chima Access Bank Plc has launched a N1 billion ‘AccessNolly’ fund.

The bank explained that the move was part of efforts to improve and provide solutions for markets and the communities where it operates.

The AccessNolly Fund is primarily targeted at movie producers and distributors for the production and distribution of films of international quality and standard The fund, according to a statement from the bank, was launched recently in Lagos.

The Nigerian film industry is the third largest film industry in the world with annual revenue of $200 million and currently employs approximately one million people making it the second largest employer of labour.

Speaking on the initiative, the bank’s Executive Director, Business Banking Division, Titi Osuntoki said: “The N1 billion fund is primarily targeted at players within the industry that have the capacity to produce and distribute movies as well as meet other set eligibility criteria.

Some of which are number of movies produced, number of years in the industry and annual business turnover.”

Based on the key market segments identified in the sector, research had shown that the industry has the potential to contribute up to 1.5 per cent to the national Gross Domestic Product (GDP) but has been hampered due to an existing funding gap.

“The bank has set aside these funds in order to facilitate the production and distribution of quality Nigerian movies,

purchase of new film production equipment and the expansion and enhancement of production centers and film making hubs,” she added.

According to Osuntoki, only commercially viable scripts and well thought out storylines will benefit from the scheme.

“We have identified the potential of this sector of the economy and we have chosen to revolutionize and transform the entertainment industry with a major focus on Nollywood as well as be the lead banking partner to this industry hence the birth of AccessNolly Fund,” she said.

Access Bank is a full service commercial Bank operating through a network of 350 branches and service outlets located in major centres across Nigeria, Sub Saharan Africa and the United Kingdom.

Shareholders Approve Transcorp Hotels’ Expansion Drive James Emejo in Abuja Shareholders of Transcorp Hotels Plc have approved its expansion programme to build new properties in Lagos and Port Harcourt and effect upgrade to the Trancorp Hilton Abuja.

The investors further approved the sum of N2.81 billion as dividend, which translated to 40 kobo per share for the 2015 financial year.

Speaking in Abuja during its 2nd Annual General Meeting (AGM), Chairman, Transcorp Plc, Olorogun O’tega Emerhor said the company grew by 20 per cent from N4.5 billion in 2014 to N5.4billion in 2015 while its total assets increased by 30 per cent from N70 billion to N91 billion within the period under review.

The company also recorded a profit after tax of N3.6 billion in 2015 compared to N3.3 billion in the previous year.

He said: “I strongly believe

that we will continue to enjoy growth across all our business lines. We have demonstrated our capabilities across products, customer segments and markets. We intend to continue to leverage on this solid platform to achieve our aspirations and deliver value to all our stakeholders.

“The confidence of you the shareholders has been a considerable source of strength for us at Transcorp Hotels Plc. As we step into a new phase of vitality, we continue to rely on this support and confidence.”

Also speaking at the AGM, Managing Director/Chief Executive, Transcorp Hotels, Abuja, Mr. Valentine Ozigbo said the company increase profitability “despite the negative economic fluctuations during the financial year.”

According to him: “The results in the fiscal year 2015 were possible due to efficiency, hard work and resilience of our team members which are hallmarks

of our corporate culture.”

He said: “We were recognized globally by the World Travelers Award, winning five awards for the second year consecutively, and adjudged the best case study for the Kaizen Institute West Africa in August 2015.

“We consolidated on our excellent service ratings and won national, regional and international awards and look forward to steady progress in our new expansions and new ventures. All of these could not have been possible without the support of our dear shareholders, bondholders and our entire stakeholders.”

The shareholders also commended the management for the significant improvement in its financial performance as well as offering a dividend in the face of difficult operating environment.

They further hailed the company for successfully issuing its corporate bond following necessary regulatory approvals.

Managing Director, Access Bank Plc, Herbert Wigwe

MARKET INDICATORS MONEY AND CREDIT STATISTICS Broad Money (M2)

20,489,166.72

-- Narrow Money (M1)

9,095,578.34

---- Currency Outside Banks

1,377,483.11

---- Demand Deposits

7,682,095.23

-- Quasi Money

11,429,588.38

Net Foreign Assets (NFA)

5,471,351.78

Net Domestic Assets(NDA)

15,017,814.94

total beneficiaries, 2,085 were males while the remaining 1,729 were females.

In the previous year, there were also more male beneficiaries of such facilities than the females, as the male beneficiaries in 2014, for instance, were a total of 2,300, while the females were 1,986.

In 2014, the bank gave out a total micro loans of N659.7 million but stepped it up by N52.7million in 2015.

And on the N220 billion federal government’s micro, small and medium scale enterprises (MSME) development fund in

which it is also participating in its disbursement, in partnership with Enugu State Government, the UPMFB disbursed a total of N180,740,000 to 548 beneficiaries in 2015.

Ngene expressed happiness that despite the hash economic condition of the present times the bank’s credit beneficiaries were doing well.

He however advised the bank’s loan beneficiaries to always ensure prudent use of the facilities on viable ventures and to avoid multiple borrowing because credibility matters a lot in borrowing.

Ecobank Projects Flat Loan Growth on Slowing African Economies Pan-African lender Ecobank has said it expects flat loan growth and revenue this year.

The commercial bank has adopted a cautious strategy to lending and expects to gradually reduce the foreign currency portion of its loan book, Chief Executive Ade

Ayeyemi told an analyst call.

Loans declined by nine per cent last year. According to Reuters, Ecobank expects flat revenue this year, compared with a decline of eight per cent to $2.1 billion in 2015.

First-quarter revenue dropped six per cent to $502 million.

Nigeria, Africa’s biggest economy, is reeling from a fall in the price of crude oil, it main export, which has battered its currency, government revenue and weakened the economy.

Inflation rose to its highest in nearly four years to 12.8 per cent in March.

22,414,322.75

-- Net Domestic Credit (NDC) ---- Credit to Government (Net)

3,424,029.62

---- Memo: Credit to Govt. (Net) less FMA

4,807,604.55

---- Memo: Fed. and Mirror Accounts (FMA)

1,383,574.93

---- Credit to Private Sector (CPS)

18,990,293.13

--Other Assets Net

7,396,507.81

Reserve Money (Base Money)

5,095,380.23

--Currency in Circulation

1,711,623.51

--Banks Reserves

3,383,756.72 • Source - CBN

MANAGED FUNDS

UMFB Disburses N712.4m to Small Businesses The Umuchinemere Pro-credit Micro Finance Bank (UPMFB) said it made a total funds disbursement of N1.142 billion in 2015, out of which was a total of N712.4million micro credit funds that were given to 3,814 active poor people..

This was contained in an unaudited management report of the bank provided by the bank’s Head of Credit, Mr. Ikechukwu Ngene. The gender distribution of the facilities indicated that there were more male beneficiaries of the bank’s micro credit funds than females in 2015. Of the

(MILLION NAIRA)

FEBRUARY 2016

Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

20

120.47

120.47

Stanbic IBTC Ethical

1

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • Monetary Policy Rate - 13%

OPEC DAILY BASKET PRICE AS AT FRIDAY, 15 APRIL 2016 The price of OPEC basket of thirteen crudes stood at $38.05 a barrel on Friday, compared with $38.58 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).

SOURCE: OPEC headquarters, Vienna

43

T H I S D AY • TUESDAY APRIL 19, 2016

Nigeria’s top 50 stocks based on market fundamentals

18-Apr-16

15-Apr-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

161.03

160.97

0.04%

2,744,032,907,427.15

10.64

15.13

5.58

4.97%

4.26

02 Nigerian Brew. Plc.

104.50

106.00

-1.42%

828,591,042,796.00

5.37

19.47

3.00

3.44%

4.86

03 Nestle Nigeria Plc.

640.01

640.01

0.00%

507,307,927,842.52

29.95

21.37

3.35

4.53%

13.35

15.35

15.37

-0.13%

451,768,601,088.40

3.38

4.54

1.97

11.53%

1.09

278.57

278.57

0.00%

362,832,160,862.71

4.45

62.62

2.91

1.24%

7.84

06 Zenith Bank Plc

11.30

11.45

-1.31%

354,780,379,781.80

3.37

3.36

0.82

15.93%

0.60

07 Lafarge Africa Plc.

74.00

74.00

0.00%

337,062,733,940.00

5.93

12.48

1.26

4.05%

1.91

08 Ecobank Transnational Incorporated

14.00

13.87

0.94%

256,893,717,010.00

1.39

10.05

0.50

4.43%

0.69

332.15

332.15

0.00%

183,782,020,462.95

23.48

14.14

1.63

4.79%

0.65

10 Guinness Nig Plc

99.49

99.90

-0.41%

149,820,815,824.12

0.78

127.83

3.01

0.00%

3.35

11 Stanbic IBTC Holdings Plc

14.30

13.65

4.76%

143,000,000,000.00

2.04

7.02

1.21

0.70%

1.27

12 FBN Holdings Plc

3.30

3.33

-0.90%

118,454,466,213.60

2.16

1.53

0.30

30.30%

0.21

13 United Bank for Africa Plc

3.20

3.24

-1.23%

116,094,484,230.40

1.64

1.95

0.37

18.75%

0.35

29.25

29.25

0.00%

110,661,415,312.50

0.32

92.81

1.87

0.17%

13.83

3.62

3.69

-1.90%

104,719,257,304.22

2.28

1.59

0.31

15.19%

0.28

16 7-Up Bottling Comp. Plc.

147.00

147.00

0.00%

94,166,783,361.00

11.12

13.21

1.21

1.50%

3.92

17 P Z Cussons Nigeria Plc.

21.22

21.22

0.00%

84,253,522,894.90

1.10

19.34

1.16

6.13%

2.00

18 International Breweries Plc.

20.00

20.00

0.00%

65,884,985,600.00

0.64

31.29

3.56

1.25%

5.47

19 Dangote Sugar Refinery Plc

5.17

5.25

-1.52%

62,040,000,000.00

0.96

5.38

0.61

9.67%

1.07

43.00

43.00

0.00%

56,760,000,000.00

1.85

23.26

0.42

3.49%

2.34

21 Mobil Oil Nig Plc.

151.25

151.25

0.00%

54,540,033,377.50

13.51

11.19

0.85

4.76%

3.55

22 Total Nigeria Plc.

159.00

159.00

0.00%

53,983,972,083.00

11.92

13.34

0.26

8.81%

3.32

19.36

19.36

0.00%

50,805,231,940.32

1.84

10.52

0.15

10.33%

0.50

24 Oando Plc

4.18

4.56

-8.33%

50,304,706,976.92

0.50

8.36

0.09

17.94%

0.32

25 Sterling Bank Plc.

1.56

1.56

0.00%

44,913,052,276.56

0.36

4.36

0.41

5.77%

0.47

19.40

19.40

0.00%

37,264,769,107.80

2.70

7.19

0.51

5.15%

0.50

0.96

1.00

-4.00%

37,172,157,528.00

0.05

18.30

0.91

0.00%

0.42

35.01

35.01

0.00%

35,010,000,000.00

3.28

10.68

3.08

0.29%

1.56

29 Fidelity Bank Plc

1.18

1.24

-4.84%

34,175,851,116.56

0.48

2.46

0.23

13.56%

0.19

30 Diamond Bank Plc

1.41

1.30

8.46%

32,656,148,444.88

0.92

1.54

0.17

21.28%

0.15

31 Okomu Oil Palm Plc.

32.00

32.00

0.00%

30,525,120,000.00

2.76

11.60

3.13

0.31%

2.53

32 Glaxo Smithkline Consumer Nig. Plc.

24.97

24.97

0.00%

29,861,035,905.36

0.81

30.94

0.97

1.20%

2.26

0.73

0.70

4.29%

28,159,360,239.13

0.06

12.10

0.61

0.00%

0.61

34 Cadbury Nigeria Plc.

14.77

14.77

0.00%

27,741,044,130.80

3.21

4.61

0.82

8.80%

2.68

35 Cap Plc

38.50

38.50

0.00%

26,950,000,000.00

2.49

15.49

3.82

2.99%

17.73

36 Custodian And Allied Insurance Plc

3.90

3.90

0.00%

22,939,270,360.50

0.71

5.46

0.77

5.13%

0.88

37 Mansard Insurance Plc

2.04

2.04

0.00%

21,420,000,000.00

0.16

12.89

1.29

2.45%

1.23

38 National Salt Co. Nig. Plc

7.40

7.40

0.00%

19,605,843,997.20

0.79

9.31

1.21

7.43%

2.77

39 FCMB Group Plc.

0.94

0.92

2.17%

18,614,548,134.14

0.24

3.91

0.12

10.64%

0.11

40 Skye Bank Plc

1.01

0.97

4.12%

14,019,104,424.10

0.85

1.18

0.10

29.70%

0.10

41 Honeywell Flour Mill Plc

1.38

1.36

1.47%

10,943,672,768.04

0.14

9.77

0.22

11.59%

0.51

42 Continental Reinsurance Plc

1.01

1.01

0.00%

10,476,471,755.12

0.21

4.89

0.53

0.00%

0.67

43 Cement Co. Of North.Nig. Plc

6.68

7.03

-4.98%

8,394,607,476.88

0.96

6.99

0.64

1.50%

0.83

44 Unity Bank Plc

0.70

0.70

0.00%

8,182,536,559.40

0.54

1.29

0.13

0.00%

0.10

45 UACN Property Development Co. Limited

4.00

4.00

0.00%

6,874,999,980.00

1.81

2.21

0.61

17.50%

0.21

46 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,126.00

0.10

5.16

0.94

6.00%

0.45

47 Nigerian Aviation Handling Company Plc

3.99

3.99

0.00%

6,480,632,812.50

0.33

12.05

0.76

5.01%

1.06

48 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

49 AIICO Insurance Plc.

0.69

0.72

-4.17%

4,781,841,091.20

0.28

2.50

0.15

7.25%

0.49

50 Fidson Healthcare Plc

2.10

2.10

0.00%

3,150,000,000.00

0.50

4.23

0.38

2.38%

0.50

04 Guaranty Trust Bank Plc. 05 Forte Oil Plc.

09 Seplat Petroleum Dev. Co. Ltd.

14 Unilever Nigeria Plc. 15 Access Bank Plc.

20 Julius Berger Nig. Plc.

23 Flour Mills Nig. Plc.

26 U A C N Plc. 27 Transnational Corporation Of Nigeria Plc 28 Presco Plc

33 Wema Bank Plc.

TOTAL

7,875,209,469,766.18

TOTAL MARKET CAP

8,480,006,139,246.50

% OF MARKET CAP Annotation - MA* = Simple Moving Average

92.87%

Table 1 Market Statistics Mkt Indicators

Open 15-Apr-16

NSE All Share Index NSE Market Cap (N'Trillion)

24,719.27 8.50

24,652.51 8.48

-0.27 -0.27

101.36 7.89

101.14 7.88

-0.22 -0.22

Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Close 18-Apr-16

Change %

Table 3 Top 5 Gainers Stock

Open Close Change 15-Apr-16 18-Apr-16 %

Diamond Bank Plc Stanbic IBTC Holdings Plc Wema Bank Plc. Skye Bank Plc FCMB Group Plc.

1.30 13.65 0.70 0.97 0.92

1.41 14.30 0.73 1.01 0.94

8.46 4.76 4.29 4.12 2.17

Table 4 Top 5 Losers Stock

Open Close Change 15-Apr-16 18-Apr-16 %

Oando Plc Cement Co. Of North.Nig. Plc Fidelity Bank Plc AIICO Insurance Plc. Transnational Corporation Of Nigeria Plc

4.56 7.03 1.24 0.72 1.00

4.18 6.68 1.18 0.69 0.96

-8.33 -4.98 -4.84 -4.17 -4.00

Market starts week on a bearish note as ASI drops 0.27% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday April 18, 2016 closed bearish due to profit taking activities. This was further highlighted by negative performances from all the NSE Sub sectors; Banking, Consumer Goods, Oil & Gas and Insurance.

Trading activities decreased in volume as 129.69 million shares worth N582.45 million in 1,660 deals exchanged hands today. This is a decrease from the 437.85million shares worth N1.02 billion in 2,647 deals carried out on Friday. Topping in volume terms was Equity assurance Plc, FBNH Plc and Zenith bank Plc, while Guaranty Trust Bank Plc and Zenith Plc ended trading as the most active stocks in value terms.

The All Share Index (NSEASI) closed negative with a 0.27% (-66.76) decrease to 24,652.51 from 24,719.27 the previous trading day. Market Capitalization appreciated in tandem to N8.48 trillion from N8.50 trillion of prior trading day. However, the Thisday BGL 50 also followed suit with a 0.22% decline to close at 101.14 from 101.36 the previous trading day, while its market capitalization stood at N7.88 trillion from N7.89 trillion of the previous trading day.

A total number of 13 stocks gained on the bourse today while 21 stocks declined, leaving 60 stocks unchanged. Diamond Bank Plc emerged the toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 8.46% to close at N1.41 per share. It was followed Stanbic IBTC Holdings Plc with a gain of 4.76% to close at N14.30 per share.

Others on the gainers list includeWema Bank Plc, Skye Bank Plc and FCMB Group Plc., while on the decliners’ list; Oando Plc led with a loss of 8.33% to close at N21.22 per share. It was followed by CCNN Plc with a loss of 4.98% to close at N278.57 per share. Others on the losers list include; Fidelity Bank Plc, AIICO Insurance Plc and Transnational Corporation Of Nigeria Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

44

T H I S D AY • TUESDAY, APRIL 19, 2016

MARKET NEWS

Zenith Bank Records N27bn Profit in First Quarter Goddy Egene and Eromosele Abiodun Zenith Bank Plc yesterday announced profit after tax (PAT) of N26.573 billion for the first quarter ended March 31, 2016, showing a decline of about four per cent compared to N27.680 billion recorded in the corresponding period of 2015.

The bank ended the period

with gross earnings of N84.177 billion, up from N81.421 billion, while net interest income stood at N58.157 billion as against N42.631 billion in 2015. It recorded impairment charges of N2.557 billion, up from N2.1 billion in 2015.

Commenting on the Zenith Bank Q1 results, analysts at FBN Capital, said PAT declined more than profit before tax(PBT)

because Zenith Bank booked a significant positive result in other comprehensive income (OCI, N1.1billion) in Q1 2015.

“This year, the OCI line came in at just N147 million. Returning to profit before provisions, while net interest income grew strongly by 36 per cent to N58.2 billion, non-interest income fell 52 per cent to N15.3 billion. Relative to our forecasts, as aforementioned,

both PBT and PAT surprised positively. The main drivers were better-than-expected results on the provisions and operational expenses (opex) lines, with variances of 41 per cent and 10 per cent respectively.

Although net interest income actually beat our forecast by seven per cent, the weakness on the non-interest income line (32% below our forecast) proved

significantwlt of technical issues the NSE experienced earlier during the trading session. The Exchange noted that throughout the incident it maintained open communication with trading community. However, trading recommenced at 2.15p.m and was extended to 4.00p.m. (from the usual time of 2:30 pm) in order to give investors the opportunity to complete their

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

desired transactions for the day.

The exchange said it regretted any inconvenience the incident might have caused.

“NSE wishes to reassure investors and stakeholders of its commitment to provide best in class trading services with optimal availability.

The exchange it intends to open for trading at the normal trading hours tomorrow(today),” it said.

45

T H I S D AY • TUESDAY APRIL 19, 2016

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

CAF’s ‘A’ Licence Coaching Course Holds in Abuja Olawale Ajimotokan in Abuja The first-ever CAF ‘A’ Licence Coaching Programme in the history of Nigeria started in Abuja yesterday, organised by the Nigeria Football Federation (NFF).

Before now, a number of CAF ‘B’ and ‘C’ Licence courses have been held in the country over the years. But the two-week programme that started at the FIFA Technical Centre, Abuja is the first CAF ‘A’ course in the country.

National Technical Director, Shaibu Amodu, is coordinating the programme alongside assistant technical directors Rafiu Yusuf and Siji Lagunju (both ex-Nigerian internationals), with former NFF General Secretaries Bolaji Ojo-Oba and Tijjani Yusuf, FIFA Advisor Linus Mba, former NFF Technical

Director, Kashimawo Laloko and former Nigeria coaches Adegboye Onigbinde and James Peters among the resource persons.

“We are very happy that this programme is finally taking place. Previously, we had been doing CAF ‘B’ and ‘C’ courses. The ‘A’ License programme means that we are stepping up. I am also happy about the response of our coaches to this programme,” Amodu said in Abuja yesterday.

Assistant Director (Technical), Rafiu Yusuf, disclosed that over 40 persons registered for the two-week course, which will end on April 30.

Yesterday, Amodu introduced the course content to the participants, while Onigbinde and Laloko began the series on ‘Soccer Simplified’ which will last for

a number of days. Laloko also spoke on ‘Fitness for Success in Football’ and ‘Typical Training Session.’

Today and Wednesday, the ‘Soccer Simplified’ series will continue, and on Thursday,

Director of Sports Medicine in the Federal Ministry of Youth and Sports, Dr. Abdulkadir Muazu will speak on ‘Injuries and Rehabilitation, Recovery and Regeneration, Conditioning for Pros, Drug

Testing and Fitness Testing Environmental Problems.’

Mr. Linus Mba will speak on ‘The Laws and the Coach; the Laws and the Spirit of the Game: Analysis of New Proposals.’

The programme is a 240-hour course, with the second phase billed for the mid-season period of the Nigeria Professional Football League next month.

Akwa United to Macaibi Haifa: No Deal Yet on Ubong Nigeria Professional Football League (NPFL) side, Akwa United FC of Uyo, has announced that Under- 23 striker, Ubong Ekpai, remains a bona fide player of the team despite speculations that the player may have joined Israeli clubside, Macaibi Haifa.

According to a press statement by the Media Officer of the club, Uwem Ekoh, at no time did Akwa United negotiate the signing or the release of the player to Macaibi Haifa, not talk of the payment of transfer fees and so on.

The statement said that after undue pressure from Macaibi Haifa and the player, Akwa United’s Chairman, Paul Bassey only consented to Ubong visiting Israel to “see things for himself before deciding on whether he wants to play in Israel or not.”

“This came after we personally advised Ubong to have patience that as a key member of Samson Siasia’s national Under -23 squad to the Rio Olympics in August, he is most likely to attract better offers especially from European clubs,” Bassey was quoted as saying.

It is even on record that the chairman told Ubong’s agent that the timing of the visit was wrong as Akwa United is in the fore front of the quest of returning to Africa through the league, but was assured that though the star striker will miss the Lobi Stars match that he will return in time for the Enyimba clash in Uyo in week 13.

“Should we decide to let Ubong go to Israel or any other club for that matter, you can bet that it will only be after the current league season,” the

release announced.

The Akwa United spokesman said that it was a rude shock to later learn that Ubong has signed a deal with the Israeli club.

“Is that how a player’s transfer is done? Have we entered into any agreement? Has a contract been formalised, have they paid? This is ridiculous, to say the least.

“As a club we will never stay in the way of a player who decides to move on in life by seeking greener pastures elsewhere but we owe it to our youth to advice them properly as the lure of the dollar can sometimes be deceptive,” the statement from the club’s spokesman observed.

Meanwhile, Akwa United has taken exception to the unprofessional behaviour of Ubong’s agent and insists that it has no deal with the Israeli club on Ubong Ekpai.“If they want him, they should come to us and negotiate the player’s release.

Shooting Stars’ Muyiwa Lawal (left) and Zoumana Doumbia of Heartland battling for ball possession during their Match Day 12 clash in Ibadan last Sunday Photo courtesy LMC Media

‘Giwa’s Group Should Wait Till 2018’ The first university graduate to play for the senior national team of Nigeria, Dr. John Oganwu, has advised aggrieved members of the Nigeria football family to sheathe their sword in the interest of the nation, and wait to contest elections in September 2018, when the tenure of the Amaju Pinnick –led board of the Nigeria Football Federation (NFF) would be over.

Speaking at the weekend, Oganwu was of the view that “since the highest court in sports, the Court of Arbitration for Sports, has dealt conclusively with this matter, and dismissed it, any other discussion or deliberation on it is ill-advised.”

He was referring to the case

by Chris Giwa and group against the election of the Pinnick executive committee.

Oganwu earned a Bachelor of Science degree in Geography from the University of Ibadan in 1971 before turning out for the then Green Eagles in 1972.

He was in the Nigeria team for the football event of the 2nd All-Africa Games but had to leave the camp for his graduate work few months before the competition.

“I dare say that the resurrection of this unwholesome matter has to do with the non-familiarity of the present Minister of

Sports, Solomon Dalung, with the principles of association football. If he were acquainted with the FIFA rules and regulations, he would simply have dismissed the case from the first time it was brought to his notice.

“As a member of FIFA, we are bound by the FIFA rules and regulations, as captured in the FIFA Statutes. You don’t take football matters to ordinary courts. It is there, clearly spelt out,” stressed the ex international.

Oganwu, who got his doctorate degree in Urban and Regional Planning at Cornell University, USA, advised that

the agitators be brought up to speed with the dictates of FIFA and trends in modern football administration.

“The responsibility rests with those of us who are familiar with the FIFA rules to advise Giwa and his group to wait for the next elections, after the four-year tenure of Amaju Pinnick and his board.

Football unites the country, more than the entertainment purpose it serves. Anything that will lead to exclusion of our country from the international football community should be discouraged, even vehemently opposed,” concludes Oganwu.

Zenith Bank WBL: Hurricanes Fail to Hold down Elephants Dolphins, Immigration win Group B leaders, First Bank Basketball Club of Lagos yesterday walloped Taraba Hurricanes 104-17 in one of the matches of the second phase of the Zenith Bank Women Basketball League in Asaba, Delta State.

Also yesterday, defending champions, Dolphins of Lagos defeated AHIP 77-54 to make their passage to the

Final Eight a done deal.

In some of the other games played, Immigration defeated Oluyole Babes 38-36 in a low scoring game that could have gone either way.

Both teams were lethargic and struggled to see the game through, while FCT Angels beat Nasarawa Amazons 38-28 to record another victory

in this second phase.

However, First Bank who are yet to lose a game since the first phase in Abuja, were at their best yesterday dominating their opponent throughout the games.

The Elephant Girls (First Bank) showed better understanding of the game and took apart the hapless ladies from Taraba, who may not have a part to

play in the final round of the league, which comes up in Lagos.

The FIBA Zone Three champions are benefitting from arriving in Asaba two weeks before the jump-ball and have dished out many eye-catching performances, which have left the fans asking for more. The inclusion of home-girl, Nkechi Akashili in the First Bank team has

also drawn support to the team.

First Bank’s coach Peter Ahmedu while assessing his team’s performance to date attributed their good run to hardwork put in by the coaching crew and the players.

He added that they are also reaping the benefits of arriving in Asaba early for the second phase.

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T H I S D AY •TUESDAY APRIL 19, 2016

TUESDAYSPORTS CA F C H A M P I O N S L E AG U E

Enyimba, Others Jostle for Final Eight Spot Paul Bassey in Algeria for Bejaaia, Zamalek clash

Enyimba’s Joseph Osadiaye has been ruled out of the battle in Tunisia Despite a convincing 3-0 CAF Champions League first leg victory against Etoile Sportive du Sahel in Port Harcourt a fortnight ago, Nigerian Champion, Enyimba FC, is set for a strange midweek fixture that may turn out to be a do or die confrontation tomorrow in Sousse, about 150 kilometres from the Tunisian capital city of Tunis.

Already in Tunis for the top of the bill confrontation that will be handled by Moroccan officials with Sinko Zeli of Cote d’Ivoire as match commissioner, the Nigerians are confident of holding on to their impressive 3-0 advantage.

The Tunisian media has applauded CAF for the appointment of the Moroccan referees who they consider as

“justice” in reference to the Togolese officials that handled the first leg match.

They are however wondering why a West African has been appointed a match commissioner same as Alhaji Dauda Jawula of Ghana who handled the first leg match No stranger to the vociferous support expected from Etoile supporters in Sousse, Enyimba Chairman, Felix Anyansi-Agwu told the media before departure Lagos yesterday night that they were ready for the worst.

“We have trained under floodlight and on artificial turf.

We are ready for a capacity and sometimes unfriendly crowd.

Enyimba will not be intimidated.

The three goals we scored back home cannot be disputed and we will endeavour to re-establish

our superiority before their very own fans,” stressed Anyasi-Agwu before departing Lagos yesterday.

In another development , respected CAF and FIFA Match Commissioner, Paul Bassey, is in Algeria to superintendent over what is expected to be an explosive return leg match between Mouloudia Olympic Bejaaia of Algeria and Zamalek of Egypt.

The North African derby will have Tunisian referees headed

by Youssef Essrayi.

While flying out aboard Emirates Airlines from Abuja last Friday, Bassey modestly contested the view that he was specifically picked for the match by CAF considering its high risk nature.

“No. I know it will be tough, with Mouloudia hoping to overturn a two-goal deficit, but don’t forget that at this stage all the matches are considered tough being the last matches that will guarantee qualification to the group stage,” observed Bassey who also doubles as chairman of Akwa United FC. The Mouloudia versus Zamalek match is to kick off at 6pm this evening in the beautiful town of Bejaaia home town of Mouloudia.

FIXTURES TUESDAY 19 APRIL Al Ahly Tripoli v ASEC Mimosas (0-2) Zesco Utd v Stade Malien (3-1) MO Bejaia v Zamalek (0-2) ES Setif v Al Merreikh (2-2) WEDNESDAY 20 APRIL TP Mazembe v Wydad Casablanca (0-2) Etoile du Sahel v Enyimba (0-3) Mamelodi v AS Vita (0-1) Al Ahly v Young Africans (1-1)

NFF Mourns Former Board Member, Olaiya A former President of the Nigeria School Sports Federation (NSSF), Dr. Thomas Adeleke Olaiya is dead. Family sources announced yesterday that Olaiya died last Friday.

Olaiya died at the Wesley Guild Teaching Hospital, Ilesa, less than two weeks after the burial of his wife, Adeola.

While reacting to the news of the death of the former NSSF president, Nigeria

Football Federation (NFF) expressed shock and sorrow over the demise of Olaiya who was a former member of then NFA board under the leadership of Brigadier -General Dominic Oneya (rtd). He was a representative of inter -collegiate sports on the NFA board.

“We are very sad to hear about the death of Dr. Olaiya, moreso when it was only

recently that he buried his dear wife. The NFF and the Nigeria football family feel the pain and grief of the children and close family members at this time,” said NFF General Secretary, Dr. Mohammed Sanusi.

A former NFF Board member, Mr. Taiwo Odebunmi, said that burial arrangements for the late Dr. Olaiya would be announced soon by the family.

Soccer Management Company to Organise Coaching Clinic In a bid to enhance coaching content in Nigerian football, Michael Adjuya of the Three Golden Ventures Ltd., plans to run a week-long coaching clinic.

Adjuya, a Brazil-based Director of the company said his organisation had concluded arrangements for 30 coaches to participate in the event, scheduled to run from June 5 to June 11 in Lagos.

He told NAN via telephone from Sao Paulo, Brazil that the clinic would aim at exposing some select Nigerian coaches to advanced techniques in

coaching. ``We have observed that the quality of coaching in Nigeria declined considerably, thence the need to improve and re-equip our coaches with latest theoretical and scientific approach to coaching. ``There are many things involved in this business, which many coaches in Nigeria ignore; that is why our coaches are performing poorly,’’ he said.

The director added that international certified coaches from Europe and South America had been contracted

to handle the clinic.

He said the programme would avail the coaches, who could not afford the resources to travel abroad for coaching programmes to benefit from the clinic. ``We have taken cognisance of the fact that a lack of finance will not allow our coaches to travel abroad for coaching courses; this programme will help to reduce costs. ``They will receive certificates of attendance at the end of the event,’’ he said.

47

T H I S D AY •TUESDAY APRIL 19, 2016

TUESDAYSPORTS

Alli: I Will Rather Hang My Boots than Play for Arsenal Tottenham Hotspur midfielder Dele Alli would rather ‘hang up his boots’ than play for Spurs’ North London rivals Arsenal.

The 20-year-old has been instrumental to the club’s title charge this season, scoring eight goals assisting a further nine - in 31 Barclays Premier League appearances.

Spurs are on course to finish above the Gunners in the league for the first time since 1995. Mauricio Pochettino’s troops are five points clear of their fiercest rivals with five games remaining.

Asked whether he’d play for Arsenal or rather consider retirement from the game, by YouTube Channel Copa 90, Alli chose the latter.

“I’m hanging up my boots, then,” said the midfielder.

The England ace further revealed why he favoured a move to North London instead of Liverpool.

“I knew I’d get a chance (to play) if I came here, that’s one of the main reasons I decided to sign for Spurs,” Alli told Spurs TV. “We’ve got a great

manager who does a lot of good work with youngsters.

“You can see that this

season. We’ve got great youngsters in the team and everyone is looking to fight for their place.

mounting on the Catalans to recapture the form which saw them go 39 games unbeaten this season.

Figo said that their slump is “not normal” and has challenged them to show sufficient mental strength to defend both their league and Copa del Rey crowns.

“I don’t normally speak with the Catalan press but I’ll make an exception,” Figo said.

“What’s happened to Barca isn’t normal. To lose so many games in a row is not logical, but when you’re in that situation, everything

yesterday evening as Tottenham played Stoke City at the Britannia Stadium.

EPL:Vardy Faces Further Ban after FA Charge Leicester City striker Jamie Vardy has been charged with improper conduct by the Football Association following his red card in Sunday’s 2-2 Premier League draw with West Ham. The England forward was given a second yellow card for simulation after

going to ground in the penalty area following a tangle of legs with Angelo Ogbonna.

Vardy was incensed with referee Jon Moss and was alleged to have sworn at the official before leaving the pitch.

The 29-year-old will miss Leicester’s next game

Figo Urges Barca to Show Character Former Barcelona winger, Luis Figo, has called on Luis Enrique’s side to prove their mettle after Sunday’s loss to Valencia.

Figo wants Barcelona to show their character if they are to defend their Liga title.

The Liga leaders’ 2-1 defeat at Camp Nou means they are level on points with Atletico Madrid and one ahead of Real Madrid with five matches of the campaign to play.

With three defeats in a row in La Liga and having lost to Atleti in the Champions League quarter-finals, pressure is

It has been a crazy year and I never expected it to happen this quickly.”

Alli was in league action

goes wrong.

“These are issues in the dynamic, it doesn’t only depend on the quality of players. But the league is open and anything can happen.

“Things get tense and you have less of a margin for error, and that’s when you see the character of teams.”

Figo - who joined Madrid in an acrimonious transfer in 2000 - hit out at suggestions he has celebrated Barca’s slump and insists any suggestion of bias has simply been created by the media.

“I don’t celebrate when

other teams lose, it doesn’t bring me any happiness,” said the former Portugal star. “I’m a sportsman, I have nothing against Barca - but you (the press) have something against me.

“I spent five amazing years there, I went for sporting and financial reasons and for a lack of recognition.

“Honestly, on Saturday I played golf, on Sunday I played golf, and my life does not depend on Barca or Madrid. I’m happier doing other things.”

at home to Swansea City but could now also face a longer suspension, meaning he could sit out the trip to face Manchester United at Old Trafford on May 1.

Leicester has also been issued a charge of failing to control their players after their reaction to the awarding of West Ham’s penalty in the 83rd minute, which came about after Wes Morgan was adjudged to have pulled back Winston Reid.

“Leicester City’s Jamie Vardy has been charged with improper conduct for his behaviour following his second half dismissal against West Ham United on Sunday,” an FA statement confirmed yesterday.

“Leicester has also been charged for failing to control their players following the awarding of an 83rd minute penalty to West Ham. “Both the player and the club have until 6pm on Thursday 21 April 2016 to reply to their charge.”

Vardy’s dismissal was one of a number of controversial incidents during the draw, in which Leonardo Ulloa equalised from the spot deep into injury time after Andy Carroll was adjudged to have pushed over Jeffrey Schlupp.

Carroll accused Moss of trying to “even out” the match after the dismissal of Vardy and penalty to West Ham caused uproar among the home fans inside the King Power Stadium.

Chelsea striker Diego Costa was given a two-game ban after admitting to a charge of improper conduct following a similar incident during Chelsea’s FA Cup exit to Everton in March.

The Spain international remonstrated with referee Michael Oliver on the pitch after receiving a second booking, prompting the FA to issue an additional one-match suspension, a fine of £20,000 and a warning over his future conduct.

A

19.04.2016

WEEKLY PULL-OUT

‘GOVERNMENT MUST DEVELOP DEVEL A POLICY THAT WOULD MAKE NIGERIA AN ARBITRATION HUB’

Professor Fabian Ajogwu SAN

2/DASHBOARD

19.04.2016

An Action Brought in Court After the Time Stipulated by the Rules of Court must be Brought with an Application Seeking an Extension of Time PAGE 4

Lagos Chief Judge Frees 184 Inmates from Kirikiri and Ikoyi Prisons PAGE 5

The Financial Autonomy of the Judiciary Will Enhance the Sustenance of Democracy - Former Niger CJ PAGE 5

Badeh’s Trial Reveals What is Wrong with the Way Our Armed Forces are Run PAGE 6

‘A Career in Law Requires a Passion for the Job Including Reading, Learning and Re-learning’ QUOTABLES

PAGE 6 ‘What needs to be done, at both federal and state levels, is to set out a strategic multiyear plan for reforms; say a four or five year plan, that has been developed collectively with stakeholders in the “justice” sector and then mobilise efforts to implement the plan.

At this time, we have, as it were, not agreed or set out a vision for the Judiciary. It’s nearly a case of every leader has his (or her) own take.

That approach is unsystematic and cannot deliver sustainable results over the long term.’

– Director, Access to Justice, Joseph Otteh

Kaduna Anti-Preaching Law: A Regulatory Misstep PAGE 7

Enforcing the Right to Life of Victims of Extrajudicial Killings PAGE 11

COLUMNISTS MICHAEL JONATHAN NUMA The word “Canvass” in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in details.

This column will attempt to critically analyse trending legal issues across several jurisdictions bordering on topics making rounds at the material time, ranging from judicial decisions to policy statements guided political simulations and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives.

The writer, Michael obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary University of London respectively.

He is a member of the School of International Arbitration London, Member of the Chartered institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (San) & Co in F.C.T, Abuja. He is an Intellectual Property and a Private international law practitioner.

GREG NWAKOGO Greg Nwakogo is the Managing Partner of Rosberg Legal Practitioners & Arbitrators.The focus of his expertise in the past decade has been transactions advisory, commercial litigation, arbitration and Alternative Dispute Resolution. He is an Executive Committee member of the Chartered Institute of Arbitrators (UK) Nigeria Branch and Member of Regional Coordinating Committee for Africa, Middle East and Turkey Chapter of the International Chamber of Commerce,Young Arbitrators Forum (ICCYAF).

He is a recipient of the Excellence Award by Nigerian Top Executives where he was rated in the top 4 percent of all Nigerian executives in the Law, Legal and Information Services Industry in the 2015 Publication and Rating. In his column The Transaction he offers titbit transactions advisory and would sometimes delve into general contemporary legal issues.

MAY AGBAMUCHE-MBU EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

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Power Supply: Natural Gas, Natural Solution

T

he last few months have been particularly trying for Nigerians, no light, no fuel and for a good many no water, stretching our patience like never before. A cursory review of the power sector for example shows that electricity generation in Nigeria dates as far back as the end of the 19th century, when the first power generating facility was installed in Lagos in 1898. Electricity generation at this time was on a regional basis but there were some Federal Government owned facilities operated by the Public Works Department, Native Authorities and the Municipal Authorities.

To integrate the generation of electricity, the government passed the Electricity Corporation of Nigeria (ECN) ordinance No. 15 of 1950. This ordinance placed all the electricity departments and units under the control of one body, the ECN. During its existence the country generated about 165.2 megawatts of power, increasing transmission lines and by 1964, adding new power plants in Kano, Lagos and also close to the Oji and Afam Rivers. Comprehensive western and eastern grids grid were created, as was in 1962, the Niger (River) Dam Authority, which was created and charged with the provision of hydro power. The Kainji Dam project followed shortly afterwards.

Subsequently, the ECN was merged with the Niger Dams Authority to become the National Electric Power Authority (NEPA).

NEPA had a variety of power generation plants including hydro, diesel, gas and coal powered plants. It was responsible for operations, power generation, transmission and distribution. Specifically Section 7 (2) of the National Electric Power Authority Act 1972 charged NEPA among other things with:(c) supplying electricity and promoting economic and efficient electricity generation, distribution and supply at reasonable prices.

Section 7(2)(b) further empowers NEPA to construct, reconstruct, maintain and operate electric generating stations, transmission and distribution lines on, above or below ground, transformer stations and all other stations, buildings and works necessary for carrying out its duties under this Act. Notwithstanding the fact that NEPA increased its generating capacity, it was not able to meet the growing demand for electricity for domestic and industrial use especially for the steel, mining and fertilizer industries.

NEPA’s largest generation plant was located at Egbin with a total installed capacity of 1320 megawatts. Between 1985-1987 due to the malfunctioning of NEPA’s older generating sets including four generating units at Kainji and other units at Afam and Ughelli there was a loss of over 1000 megawatts. Although they were repaired there were still cases of disturbances in the grid system especially with gas fired plants.

NEPA was riddled with issues of bad management and poor performance that was evidenced by frequent power outages due to collapses in its transmission lines resulting in instability in its grid system.

Regretfully, towards the end of the 1980s NEPA was transmitting only half of its installed capacity and was unable to meet its statutory obligations. In response to these challenges government started an initial restructuring process, amending the Electricity and NEPA Acts in 1998 to remove NEPA’s monopoly and encourage private sector participation.

However these reforms were not very extensive so more reforms by way of a National Electric Power Policy, 2001, were introduced. This policy set out the following objectives for the power sector: a. To ensure that the power sector attracts private investment both from Nigeria and from overseas; b. To develop a transparent and effective regulatory framework for the power sector; c. To develop and enhance indigenous capacity in electric power sector technology;

d. To ensure that the Government divests its interest in State-owned entities and entrenches the key principles of restructuring and divestiture in the electric power sector; e. To promote competition to meet growing demand through the full liberalization of the electricity market; and f. To review and update electricity laws in conformity with the need to introduce private sector operation and competition into the sector.

These principles were encapsulated in the Electric Power Sector Reform Act (ESPRA) which was passed into law in March 2005. The Act removed government’s monopoly in the power sector and began the process of opening it up to private investment and participation in electricity generation, transmission and distribution.

The Act provided for the creation of the Power Holding Company of Nigeria (PHCN) to assume the assets, liabilities and employees of NEPA in the interim period.

It also established the Rural Electrification Agency and a consumer assistance fund to bridge the funding gaps for low income earners.

PHCN like its predecessor NEPA struggled with low capacity generation, high costs, inadequate distribution of electric power, inability to finance new or expanded infrastructure and inadequate machinery for effective billing and collection of bills.

Eventually as provided for by EPSRA, it was privatised and broken down into various units - Distribution Companies (DISCOs), Generation Companies (Gencos) and the Transmission Company of Nigeria (TCN).

PHCN was unbundled into 18 different successor companies (6 generation, 11 distribution and 1 transmission firm) and its assets and liabilities were transferred to these companies in a landmark $2.5 billion transaction. The generation companies are: Shiroro Hydro Power Plc, Kainji Hydro Power Plc, Afam Power Plc, Sapele Power Plc, Ughelli Power Plc and Geregu Power Plc. The successor transmission company is the Transmission Company of Nigeria (TCN) and the following are the 11 successor distribution companies: Abuja Electricity Distribution Plc, Benin Electricity Distribution Plc, Eko Electricity Distribution Plc, Enugu Electricity Distribution Plc, Ibadan Electricity Distribution Plc, Ikeja Electricity Distribution Plc, Jos Electricity Distribution Plc, Kaduna Electricity Distribution Plc, Kano Electricity Distribution Plc, Port Harcourt Electricity Distribution Plc and Yola Electricity Distribution Plc. The Nigerian Electricity Liability Management Company is to assume the liabilities of the successor companies whilst the Nigerian Bulk Electricity Trading Plc (NBET) would make power purchases from the Gencos and IPPs (Independent Power Plants).

During the initial privatisation exercise government sold 100% of its equity in the above successor companies (except TCN) and the African Development Bank provided a partial risk guarantee of US$180 million to guarantee the obligations of the NBET under its power purchase agreements with selected independent power plants. The second phase of privatisation involves the sale of 10 government-owned independent power plants, called National Integrated Power Projects (NIPPs). In 2004, the Nigerian government established a special purpose vehicle to build and own these assets, in order to address power shortage. However the NIPPs generated only 600 MW of power compared with the anticipated 2,500MW. With all the effort put into reforming the power sector its challenges still linger on.

Gas accounts for 81% of electricity generation but unfortunately Gencos continue to suffer frequent gas shortages even though Nigeria has one of the largest gas reserves in Africa. Transmission is also a major challenge as this is still handled by the Transmission Company of Nigeria which remains a government owned entity lacking

modern facilities, among a host of other challenges.

While the process of producing electricity does inevitably involve these three distinct phases - generation, transmission and distribution, the break in the service provider chain causes an absence of liability for failure to provide electricity to the end consumer.

DISCOs cannot be held liable for failing to provide electricity to end consumers because the electricity is supplied by the TCN. The TCN in turn cannot be held liable for transmitting below the required quota since they receive the electricity from the Gencos. Gencos in turn cannot be held liable for not producing the required quotas of electricity because of the Nigerian Gas Company is responsible for supplying the gas needed for their gas turbines to produce electricity. Therefore at any and all points of the electricity production chain it is possible for a breach to cause a shortage or absence of agreed electricity supply for end consumers which they are powerless to demand accountability for. I recently read that the Nigerian Electricity Regulatory Commission (NERC) has established 16 customer complaint forum offices. These offices are being established as an ‘appellate court’ within the operation area of every Disco to resolve customer complaints not resolved at the Disco level. I fully expect these ‘appellate courts’ to be inundated with extremely angry consumers who just cannot be appeased as the problem of power supply regulation appears to be way beyond NERC, as presently constituted.

The System and Market Operation Departments of the transmission company explained that Nigeria’s electricity generation is low because of gas shortages to the generation plants in southern Nigeria which led to a nationwide system collapse.

The distribution companies were on station supply meaning that they did not have power for their customers but only enough to power gas stations. Vandalism of pipelines has been declared as the main cause of the epileptic electricity supply in recent times causing serious shortage of gas.

These attacks on the gas transportation lines have been a bone of contention for years for the government. Where an attack on the Escravos-Warri- Lagos pipeline occurs its impact is felt in the power stations in Kogi, Lagos, Ogun and Ondo states and beyond. The country it appears is being held to ransome by these vandals. Improved community relations should be encouraged and nurtured, so also must stiffer penalties be introduced, coupled with new and more effective means of policing and protecting these invaluable assets.

With all the effort being exerted to bring our electricity supply to par one cannot but mention the wastage caused by gas flaring, the absence of a gas pipeline network to take the gas from where it is processed in the Niger Delta to where it is used to produce electricity across Nigeria and the prohibitive domestic policy on producing natural gas. These cumulative inefficiencies conspire to leave us incapable of making meaningful progress in the production of power for the electricity sector.

The low cost of natural gas in itself means that it is cheaper to flare gas than to process, store and transport it. Secondly, in order to produce electricity with 80% feedstock of natural gas Nigeria needs 10 times more gas pipeline networks than exist currently.

However, without investments in creating this gas-to-power pipeline network the dream of constant electricity, based on the current plans, will not come to fruition because of the gaps in the supply of gas to the Gencos. It would therefore follow that the Government should be investing in creating this gas-to-power network, however at an exorbitant cost which some have estimated as high as $12 billion.

MAY AGBAMUCHE-MBU

LEGAL EAGLE may.mbu@thisdaylive.com

The Federal Ministry of Environment commissioned and had the National Oil Spill Detection and Response Agency manage a satellite data measurement system monitoring the visible rate of gas flaring in Nigeria. The system is powered by the VIIRS (Visible Infrared Imaging Radiometer Suite) instrument on board one of the US’ National Aeronautics and Space Administration (NASA) Partnership Satelite and shows real time data on the amount of gas flared in Nigeria, the economic cost of the wasted gas, fines to be assessed for same and the amount of CO2 (greenhouse gas produced which itself increases global warming) released as a by-product.

As at 24 March 2016: - 222 cases of gas flares were occurring in the Federal Republic of Nigeria - The quantity of gas flared amounted to 384,976,100 MSCF (Million Standard Cubic Feet) and counting, - The accruable fines from these flares amounted to $1.347 billion (USD) increasing per second - Value of the flared gas came to $967 million (USD), and increasing per second - The flares emitted over 20 million tonnes of CO2 and increasing per second These measurements show the unprecedented amount of wastage that is occurring right now in Nigeria and it is increasing by the second. The website that records this data alleges that by comparison, where as Nigeria produces 5000-6000 Megawatts of electricity the gas wasted by flaring can produce 25,000,000 Megawatts of electricity.

To put that in perspective gas flared till date can provide electricity to run Nigeria 5,000 over and is 5 times what China, the world’s largest electricity producer produced in 2013 and indeed more than 100% of all electricity produced in 2013 worldwide.

A strong case for developing the gas pipeline networks should be made as it is one of the vital keys to Nigeria’s economic future. Apart from domestic use of our gas, an integrated West African/ECOWAS gas pipeline would give Nigeria access to an African market with a largely limited supply of alternative products to our high quality SWEET GAS (0% Sulphur).

The government I understand is in discussion with Algeria and Niger Republic on the possible signing of an MOU to create a 4,400km Tran-Saharan Gas Pipeline which would allow Nigerian Gas reach the wider African region. The planned network has been incorporated into Nigeria’s long-term goals for natural gas - the Gas Masterplan.

On a final note I cannot but quote from the Tuesday 12th April 2016 THISDAY LAWYER cover interview I had with Alhaji Sadiq Adamu Executive Director and General Counsel, ExxonMobil Companies in Nigeria titled ‘The Development of the Gas Sector should be made a National Priority’ where he eloquently stated that ‘natural gas development is a low hanging fruit for Nigeria. With the kind of international oil companies’ presence in Nigeria all that is needed is very attractive gas development terms and the country will open up. All the big players are already here.’

4/LAW REPORT

19.04.2016

An Action Brought in Court After the Time Stipulated by the Rules of Court must be Brought with an Application Seeking an Extension of Time

I

t is a general principle of law that where the law provides a time limit within which an action can be brought in court, such period must be complied with before the Court will have jurisdiction to adjudicate on the said action. The principle further states that if an applicant is unable to apply within the time limit, he must apply for an order granting him extension of time within which to institute the said action. The Court of Appeal in applying this principle, dismissed the appeal and affirmed the decision of the trial court striking out the Appellant’s application for judicial review on the grounds that it was not filed within the time prescribed by the Rules of Court and subsequently not filed with an application seeking extension of time within which to apply for judicial review.

Facts The Appellant being dissatisfied with the decision of the Nigerian Navy Board dismissing him from the Nigerian Navy filed an application dated 29th February 2008 at the Federal High Court, Lagos Judicial Division (“trial court”).

The Application was made vide an ex-parte application brought pursuant to Order 34 Rule 4 and Order 48 Rule 4 of the Federal High Court Rules 2001. In the application, the Appellant sought an order granting him leave to apply for judicial review of the decision of the Respondent and an order grating him leave to make the said application by way of originating summons.The Appellant filed this application after three months of the dismissal which was contrary to the time limit stipulated by Order 34 rule 11 of the Federal High Court Rules 2001.

On the 14th day of April 2008, the trial court granted the prayers sought by the Appellant in the application.

The Respodent, thereafter filed a motion dated 22nd July 2009 seeking an order dismissing the judicial review proceedings of the Appellant for lack of jurisdiction. The Respodent also filed a counter affidavit dated the 2nd day of Novemeber 2009 to the Appellant’s application for judicial review and raised the issue of the Appellant’s failure to file the originating summons within three months from the dismissal as prescribed by the Rules.

The Appellant, after receivng the Respondent’s counter affidavit, filed an application dated 30 November 2009 seeking an order extending time within which to file his originating summons. The Respondent in response, filed a counter affidavit dated 8 December 2009. On 24 February 2010 , the trial court granted the Appellant’s application for extension of time and heard arguments by both counsel for and against the Appellant’s applciation for judicial review.

The trial court on the 12th day of January 2011, gave judgment in favour of the Respondent and struck out the Appellant’s application for judicial review on the ground that the application was filed out of time.

Being dissatisfied with the judgment, the Appellant filed a Notice of Appeal to the Court of Appeal,Lagos Judicial Divison (“the Court”) dated 4 April 2011 and raised three issues for determination; a. Whether the trial judge was right in striking out the Appellant’s origiating summns having earlier granted the Appellant’s motion exteding time to file the roiginating summons? b. Whether the delivery of the judgment 11 months after final address occassioned a miscariage of justice? c. Whether the trial judge ought not to have granted the claims of the Appelant as set out in the originating summons for judicial review?

The issues were adopted by the Respondent and subsequently the Court.

Arguments canvassed by Counsel On Issue one, the Appellant’s Counsel argued that the trial judge was wrong in striking out the originating summons on the grounds that it was not filed within 3 months as provided for under Order 34 Rules 11 of the Federal High Court Rules 2001, having earlier granted an order extending time within which the Appellant could file his originating summons. He further argued that the trial judge had earlier held that the Appellant had complied with the provision of the said rule and had subsequently paid the penalty and as a result it will be an act of injustice to shut the Appellant out from ventilating his case. He thereafter submitted that the trial court was

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Tuesday, the 23rd Day of February, 2016 Before Their Lordships Sidi Dauda Bage Joseph Shagbaor Ikyegh Yagarta B Nimpar Justices, Court of Appeal CA/L/553/2013 Between Ex-Navy Captain O.C.Ibitoye ...... Appellant And The Nigerian Navy Board ....... Respondent (Judgment Delivered by Sidi Dauda Bage, JCA)

functus officio over this issue and could not revisit same while considering the originating summons and that the Respondent’s only remedy if he was dissatisfied with the ruling of the trial court granting the Appellant extension of time to file his originating summons was to appeal the said ruling which the Respondent had failed to do. He urged the Court to set aside the decision of the trial court and hold that the trial court was functus officio to determine the issue of whether or not the originating summons was filed within time having regard to the earlier ruling of the trial court extending time to for the Appellant to file his originating summons.

In response, the Respondent’s Counsel argued that it is trite that the prescribed conditions in the rules of Court in Nigeria for claiming certain acts or taking certain steps in a proceeding must be complied with and that failure to comply with such conditions renders the steps incompetent and deprives the court of jurisdiction to adjudicate on such matters. He relied on the cases of DREXEL ENERGY AND NATIONAL RESOURCES LTD & 2 ORS v TRANS INTERNATIONAL BANK LTD & 2 ORS (2009) 173 LRCN 114 at 133, MADUKOLU v NKEMDILIM (1962) 2 NSCC (Vol. 2) 374, (1962) 1 ALL NLR (Part 4) 587, OKOROCHA v P.D.P. & ORS (2014) LRCN 70 at 116. He further argued that the leave granted by the trial court on the 14th day of April 2008 was a nullity and subsequently the order granted extending time within which the Appellant could seek leave was an incompetent order and not the proper prayer the Appellant should have asked for. He based his argument on the fact that the order sought by the Appellant on the 30th of November 2009 for extension of time to file his originating summons

and deeming same as properly filed and served was not the same as an order extending time within which the Appellant could apply for a judicial review.

The Respondent’s Counsel further argued that the trial judge made two great mistakes; a. He ought not to have granted the leave because the process before him on 14 April 2008 was incompetent and hence the court lacked jurisdiction to have entertained the suit. b.,The relief granted on 24 February, 2010 to the Appellant to regularize the originating summons was granted without jurisdiction on the ground that, you cannot put something on nothing and expect it to stand. He placed reliance on MACFOY v U.A.C. (1061) 3 NLR 1405 AT 1409.

He thereafter submitted that the trial judge should have struck out the suit for want of jurisdiction and that the court is without power to review any matter which it had struck out save on application of either party. Additionally, he argued that the matter was merely struck out for incompetence and lack of jurisdiction and on this basis, the court was not functus officio to revisit the case.

He placed reliance on LAKANMI v AKELE (2003) 10 NWLR (Pt. 823) 353; OBI v INE (2008) 155 IRCN 58 at 93 and Order 14 Rule 10 of the Federal High Court Rules 2001. Furthermore, he submitted that the setting aside order of the trial court on the 14th of April 2008 had invalidated the extension of time order granted by the trial court on the 24th day of February 2010 because it had no structure to stand on.

In reply, the Appellants’ counsel contended that the arguments of the Respondent’s counsel were misconceived and flawed in law and fact. He argued that the originating summons, even if erroneous as contended by the Respondent, is valid and binding until set aside on appeal.

Court’s judgment and rationale In resolving issue one, the Court referred to Order 34 Rule 4 of the Federal High Court Rules 2011 which states that an application for judicial review must be brought within three months of the date of the occurrence of the subject of application and Order 48 Rule 4 which grants the judge discretion in extending time within which an Applicant can perform an act. Furthermore, the Court stated that it was not a disputed fact that the originating summons was filed out of time by the Appellant. The Court further stated the order granting leave to file the originating summons was void on the grounds that it was filed out of time and the subsequent order extending time within which the Appellant may file his originating summons had no base and must therefore fail. The Court further held that the order striking out the Appellant’s application for judicial review was a mere surplusage and had no place in law being predicated on a void order. The Court relied on I.B. ANIMASHAUN v OUTA OSUMA & ORS (1972) 4 S.C. 200 at 212 and K.AKPENE v BARCLAYS BANK OF NIGERIA LTD & ANOR (1977) 1 S.C. 47 at pages 58-59 where it was stated that if an act is void then it is in law a nullity which does not need an order of the Court to be set aside.

Additionally, the court stated that where a court has no jurisdiction to hear and determine a case but proceeds to adjudicate on the issue, the exercise is in futility and the decision arrived at amounts in law to a nullity irrespective of how well the proceedings were conducted. The Court thereafter stated that a party taking a step in the cause before that court does not waive his right to object to the courts want of jurisdiction and relied on THE QUEEN EXPARTE OIJEGBO IKORO OF NGODO v THE GOVERNOR, EASTERN REGOIN & ANOR (1962) 1 All Nlr 40, UWAIFI v ATTORNEY GENERAL OF BENDEL STATE & ORS (1982) 7 S.C. 124 at 279. The court in concluding, resolved issue one against the Appellant On issue two and three, the Court held that the both issues have become academic questions and it is trite that the Courts are refrained from answering such questions.

The Court finally held that the appeal lacked merit and subsequently dismissed it and affirmed the decision of the trial court.

For the Respondent:J.A. Asemotar Reported by Ibukunoluwa Omotorera Owa, Aluko & Oyebode, Lagos

19.04.2016

NEWS/5

Contract Dispute: Court Fixes June 14 to Hear Arco’s Suit against Agip, Others Akinwale Akintunde

Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade and the Deputy Comptroller, Ikoyi Prison, Julius Ezeugwu (middle) flanked by judges, magistrates, the Chief Registrar, officials of the Lagos Ministry of Justice and members of the Nigerian Bar Association during the prison decongestion exercise at Ikoyi Prison, last Thursday

Lagos Chief Judge Frees 184 Inmates from Kirikiri and Ikoyi Prisons Akinwale Akintunde

Lagos State Chief Judge, Justice Olufunmilayo Atilade last week granted amnesty to 184 prison inmates, majority of whom have been awaiting trial for 18 months to 15 years both at the Kirikiri and Ikoyi Prisons in the state.

The Chief Judge, who was accompanied last Wednesday and Thursday to the two prisons by senior members of the judiciary including judges, magistrates, the Chief Registrar, officials of the Lagos Ministry of Justice and members of the Nigerian Bar Association (NBA), released 24 inmates from the Kirikiri Maximum Security Prison, 129 from the Medium Security Prison and 31 from Ikoyi Prison.

In her remarks, Justice Atilade asserted that the amnesty granted to the released inmates was part

of her statutory duty to continuously ensure that the prisons are decongested.

She explained that the release of the inmates was in exercise of her power as the Chief Judge of the state pursuant to the provisions of Section 1(1) of the Criminal Justice Release from Custody Special Provision Act CAP C40, 2007, Laws of the Federation of Nigeria.

The chief judge stated that the gesture was not just aimed at decongesting the prison but also to ensure that deserving inmates are made to breathe the fresh air of freedom.

She admonished the freed inmates never to return to crime again but see their freedom as a new beginning and as an opportunity to start afresh.

"Those of you that have been released today should see this as an opportunity for a new beginning. You

must henceforth be of good behaviour and never return to crime" she told the freed inmates", the Chief Judge asserted.

Justice Atilade noted that her administration is committed to decongesting the prisons and that situations where cases are allowed to prolong unnecessarily in court will not be tolerated.

"The purpose of carrying out this exercise is to achieve a reduction of the awaiting trial population in the prisons. Situations where cases are allowed to unnecessarily drag on in court will no longer be tolerated," she noted.

She called on all relevant stakeholders in the justice sector to join the prison decongestion effort.

The Chief Judge also enjoined the Lagos State Directorate of Public Prosecution (DPP) and other stakeholders in the

administration of justice to always provide the Prison Decongestion Committee detailed information about the awaiting trial inmates.

She further urged the DPP to develop mechanisms where case files of inmates can easily be accessed and reviewed by the committee.

Justice Atilade also noted that the prison authorities must also be proactive and should provide adequate and relevant information to the decongestion committee.

The Deputy Comptroller of Kirikiri Maximum Prison, Seye Oduntan and his Ikoyi Prison counterpart, Julius Ezeugwu thanked the Chief Judge for the amnesty granted to the inmates.

The CPs also pleaded with the Chief Judge to ensure that the programme is a continuous one as more inmates who qualify for the exercise still abound in the prison.

A Federal High Court sitting in Port Harcourt, Rivers State has fixed June 14, 2016 for the hearing of arguments on the originating summons, contempt of court and preliminary objections in a suit between an indigenous oil service company, Arco Group Plc. and Nigerian Agip Oil Company Ltd. Justice Muhammed Liman while fixing the date advised all parties in the suit to put their house in order.

Arco had initiated proceedings against Agip, Nigerian National Petroleum Corporation (NNPC), Conoco Philips Petroleum Nigeria Limited and the National Petroleum Investment Management Services (NAPIMS) before the court.

It wants the court to determine whether, in view of the provision of section 3 subsections (2) and (3) of the Nigerian Oil and Gas Industry Content Development Act, 2010, having demonstrated ownership of equipment, Nigerian personnel and capacity to execute the task of performing the contract for the maintenance service of rotating equipment at the Nigerian Agip Oil Company gas plants at OB/OB, Ebocha and Kwale, it is entitled, being a Nigerian company, to the exclusive right to be considered and granted such a contract, including any extension of its duration.

The trial judge who just took over the matter stated that he is new to the case so he should be allowed to familiarise himself with all the files and details of the case.

He also ordered that the 3rd defendant who was not represented in court at the

last hearing date should be served the hearing notice on the adjournment.

The judge also suggested that arguments on originating summons, contempt of court and preliminary proceedings on the matter should be taken on the same day in order to save time.

Earlier, Mr. Albert Akpomudje SAN who led other counsels for the Plaintiff, Arco Group Plc stated that they had commenced contempt proceedings against the defendant for allegedly flouting two orders of the court.

He had argued that the court should first dispose of the contempt proceedings before entertaining any other matter relating to the suit.

"There was an order to maintain the status quo. We have complained to the court that the orders were being flouted. We have commenced contempt proceedings. We are talking about two orders of courts. No appeal against them by the defendants.

Our submission is that His Lordship should take the contempt proceedings first before we go to the other issues", he pleaded.

Responding, lead counsel to Agip, Chief Joseph Thompson Okpoko SAN explained that the case came to the court by way of originating summons, adding that it was their argument that the court had no jurisdiction over the case. He said both parties later filed written addresses.

He also queried the form of status quo the court said the parties should maintain. “But what is this status quo in this case. The claim before the court is the one we say that the court does not have jurisdiction to entertain the matter", he emphasised.

The Financial Autonomy of the Judiciary Will Enhance the Sustenance of Democracy - Former Niger CJ

Laleye Dipo in Minna

Former Chief Judge of Niger State, Justice Fati Lami Abubakar, has made a strong plea for financial autonomy to be granted to the judiciary.

Justice Lami Abubakar explained that by doing this the country could have "a strong, independent and testable judiciary as contemplated by the Constitution of federal Republic of Nigeria 1999" (as amended).

She made these remarks at a valedictory session organised in her honour by the Bar and the Bench in Niger state on Tuesday.

Justice Fati Abubakar voluntarily relinquished her position as Chief Judge of Niger state after only three years, having served the

judiciary in and outside the state for more than 35 years.

She appreciated the fact that so many states government in the country had granted full financial autonomy to the judiciary with "good results" being seen in the states.

"I pray and call on the Niger state government to join that wagon (autonomy) so that the judiciary can be seen not only as an independent arm of government but also empowered to discharge its functions more efficiently for the advancement of the administration of justice in the state".

Justice Fati Lami Abubakar decried the infrastructural decay in the judiciary and low morale of staff.

"It is no news that the Niger state judiciary has serious infrastructural and welfare challenges both at the higher and lower bench".

However, Justice Fati Abubakar applauded the efforts being made by the present administration in the state to turn things around.

"This is demonstrated in its (governor's) pledge to renovate and/or repair all the courts in the state.

Indeed he has begun implementing this policy by the remittance of funds recently made to the high court for capital projects" "As I speak (Tuesday) preparation for work to commence on Magistrate's courts five, Chanchaga and the Chief Magistrate court 2 has commenced. No doubt this development will

strengthen the judiciary as an arm of the state and engender confidence in its ability to dispense justice".

Justice Fati Abubakar called on the Bar and the Bench to join hands to achieve the quick dispensation of justice.

Speaking at the session, Niger state governor, Alhaji Abubakar Sani Bello promised to intervene in the infrastructural and welfare challenges facing the judicial workers in the state.

A prominent member of the Bar and the Bench, as well as the former Military head of state , General Abdulsalami Abubakar, immediate past governor of the state, Dr. Muazu Babangida Aliyu attended the valedictory session.

Justice Fati Lami Abubakar

6/

19.04.2016

Badeh’s Trial Reveals What is Wrong with the Way Our Armed Forces are Run Alex Enumah The desire of president Muhammadu Buhari to stamp out corruption from the very fabrics of Nigeria if elected president, arguably was one of the factors that endeared him to many Nigerians; and consequently his victory at the polls that earned him the ticket to the coveted Aso Rock Villa, Nigeria’s seat of power.

True to his promise, PMB did not leave anyone in doubt about his commitment to fight corruption, neither did he waste any time before tackling headlong the ferocious monster perceived by majority to be the bane of development in the country: corruption.

Today a lot of high ranking politicians and public servants particularly under the last administration are currently facing trials on alleged corruption charges across various courts in the country.

Notable among these trials is that of the immediate past Chief of Defence Staff, CDS, Air Chief Marshall Alex S Badeh, who is accused of allegedly diverting funds meant for the Nigerian Air Force.

A lot of people both from within and outside have been commending the president for his guts to fight corruption, particularly with the prosecution of the perceived high and mighty in the society.

However, many see the trial of the former CDS, as not just the trial of Badeh but, as that of the Nigerian Armed Forces. This according to those familiar with Nigeria’s military system, the Ex-CDS has not done anything that has not been done before by past chiefs of Air Staff.

While this is not to exonerate the accused from the allegations levelled against him by the Federal Government, however, one is of the opinion that the best approach the government should adopt is to carry out a total overhaul of the armed forces to forestall future occurrences.

Right from inception, there was an indication that

all monies not spent were given to the chiefs.

A peep into the testimony of the prosecutor's principal witness during cross examination confirms that this practice had been on before Badeh assumed the position of CDS. The witness, Air Commodore Salisu Abdullahi Yusha’u (retd.), during cross examination by the defence counsel, Chief Akin Olujimi, SAN disclosed that the N588m given monthly to Badeh was a practice that predated him as CDS. He stated that earmarking N558 million for the office of the Chief of Air Staff, was a usual monthly practice in the Nigerian Air force, and that the practice has been in existence even before Air Chief Marshal Alex Badeh came into office.

He also confirmed he used to set aside the same amount for Badeh's predecessor Air Marshall Umar.

Testifying further the witness said similar amounts of money were readily made available at the end of the month to Air Marshal Umar long before Air Chief Marshal Badeh was appointed Chief of Air staff.

Yusha’u also confirmed that Air Marshal A.S Badeh was not a signatory to the air force account, neither could he produce any written authorization from the defendant requesting for money to be transferred or paid to anybody.

Air Commodore Salisu Abdullahi Yusha’u also confirmed he informed Air Marshall A.S Badeh of the usual practice.

In his words "I gave the Chief the Complete Brief of the financial position of the Nigerian Airforce which included the usual practice".

He added that, the sum of N4 billion was released to the Force as statutory monthly allocation for personnel salaries and allowances between September 2012 and December 2013.

Yusha’u, however, disclosed that out of this amount, only N2.3 billion is actually used for the emoluments.

He said that of the N1.7 billion outstanding,

N558 million was usually earmarked for the office of Air-staff for general administration while the rest was disbursed to the various commands and units for priority projects and training.

He confirmed under cross-examination that he was the person who informed Air Chief Mashal Badeh of the usual practice and recommended that the money be released.

From the above one would say the decision to try Badeh shows that this administration does not approve of the practice of just given money to heads of Armed Forces, even though past administration condoned the practice.

Therefore the proper place to start for the Buhari’s government is to reform the internal administration of the armed forces i.e the army, navy and air force.

While we are not saying Badeh should not answer for his alleged crimes, we are saying that to prevent a re-occurrence in future, there is need to re-organize the way money is spent in the armed forces. Otherwise we would wake up tomorrow and discover that the leadership of the armed forces has done the same thing. As at now, many people in the armed forces belive that Badeh is being used as a scapegoat.

The effort by the present administration to recover stolen loots remains commendable.

However the best legacy the president can leave behind is to make sure that he puts mechanism in place to forestall a practice where public funds are filtered away by senior public officers.

The adoption of the innovation introduced by former president Umaru Yar’ Adua, that made it mandatory for all agencies and institutions of government to return all unspent monies to the treasury is likely the best place to start.

It is also advisable that the Economic and Financial Crimes Commission (EFCC) focuses on the trial within the court room and not

doing the trial through the media in order not to prejudice the mind of both the public and the trial judge. This much was stated by Badeh’s former counsel Samuel Zibri in a statement he issued in respect of a report that the EFCC found the sum of $1m in a building allegedly belonging to Badeh.

Parts of the statement read thus: “Our attention has been drawn to a false and libelous publication in some newspapers in which operatives of the Economic and Financial Crimes Commission (EFCC) reportedly recovered $1million cash from a mansion located at No 6 Ogun River Street, Maitama Abuja, a house allegedly belonging to Air Chief Marshall Alex S. Badeh (Rtd).

"According to the report, an ubiquitous and amorphous detective at EFCC who does not want his name in print, reportedly told the newspapers that the EFCC operatives returned to the location and “in the presence of several witnesses including neighbors, searched the house and recovered $1million in cash”, said funds of which has already been lodged as evidence.”

It went further to state that, “Much as it now appears to be the trend to sensationalize news headlines in the hopes of grabbing the public’s attention and vilifying the intended victim in the eyes of the public, we sincerely believe that it is the lowest form of journalism and prosecutorial underhandedness for the EFCC to facilitate the publication of these false and libelous statements against Air Chief Marshall Alex S. Badeh (Rtd.), a man with impeccable credentials in the Nigerian Air Force who has dedicated his whole life to serving in the Armed Forces of The Federal Republic of Nigeria.

“While it is not in doubt that Air Chief Marshall Alex S. Badeh (Rtd.) is facing criminal charges, he like every other Nigerian citizen, has a constitutional right to a fair hearing as enshrined in Section 36 of the Constitution of The Federal

CONTINUED ON PAGE 10

Legal Personality of the Week Desire Olufemi Botoku

‘A Career in Law Requires a Passion for the Job Including Reading, Learning and Re-learning’ I see myself as an Advocate of "Avocat sans frontières" otherwise known as "The Globalisation of Legal Services". I cannot imagine what my legal practice would have been like without my proficiency in French.

I hold a first degree in French from Ogun State University and a Masters’ degree in French with specialisation in Translation (English/French) from the University of Lagos. I have practised for several years as a Translator, Interpreter, Teacher of French in secondary and tertiary institutions as well as an Educational Tours Expert within French speaking countries in Africa and Europe. I fell in love with Law upon discovery of the huge potential for Nigerian lawyers in the globalisation of legal practice.

I read Law at Lagos State University and was called to the Nigerian Bar. I equally hold a Post Graduate Certificate in Law from the University of London with specialisation in International Criminal Justice.

My law practice otherwise known as "Bilingual Legal Practitioners" specialises in civil, criminal and commercial litigation, exploration of business opportunities in French speaking countries and enforcement of foreign judgments from courts of competent jurisdictions and vice versa to translation of legal documents etc. We assist in the protection of the interest of the francophone diplomatic and business community in Nigeria and vice versa.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

A major challenge I have with regards to the profession is the difficulty in explaining to my clients from foreign jurisdictions who

experience?

I recall the day I received a call from a Senior Advocate who got my contact details from one of the Diplomatic Missions in the country. He was in desperate need of a lawyer called to the French Bar. His client's vessel was arrested in France and all efforts to get a French Lawyer proved abortive. I volunteered to assist him and within an hour of instruction, I was able to contact a colleague in France who appeared in court the next day to defend the Nigerian client.

I felt fulfilled that my proficiency in French is an added advantage to my legal practice.

Desire Olufemi Botoku

have investments in the country, why cases linger for such a long time in Nigerian courts.

"Justice delayed is justice denied" they keep telling me.

What was your worst day as a lawyer?

The day I disagreed with my client and refused to carry out his instructions which involved compromising my professional integrity just to satisfy his immediate needs against my conscience.

What was your most memorable

Who has been most influential in your life?

God has been the biggest influence in my life. My spouse and friend for 32 years, who is a Chief Magistrate with the Lagos State Judiciary has been very instrumental to my success as a lawyer by providing constant encouragement and support.

Why did you become a lawyer?

I have served as a court interpreter translating into French in several cases involving litigants from French speaking jurisdictions and upon discovery that very few Nigerian lawyers and judges spoke French, despite the fact that Nigeria is surrounded by French speaking countries, I decided to read Law being aware of the huge potential for Nigerian Lawyers in the globalisation of legal services.

Being versatile in French and familiar with the French related environment in Africa and Europe is my competitive advantage in legal practice. I cannot imagine what my legal

practice would have been like without my proficiency in French.

What would your advice be to anyone wanting a career in law?

Success in Law means different things to different people but a career in law requires a passion for the job including reading, learning and re-learning.

If you had not become a lawyer, what would you have chosen?

Once a teacher, always a teacher. I meet several of my former students in court on a regular basis and I feel so fulfilled having contributed in moulding their lives. I was involved in a matter with one of them and interestingly, we reached terms of settlement the first day we met in court. I am looking for the opportunity if time permits me, to teach French and Law (combined) in one of our Universities to contribute my quota towards training lawyers that meet global standards.

Where do you see yourself in ten years?

Only God knows tomorrow but if he spares my life, I wish to be called to the French Bar as I see myself as an Advocate of "Avocat sans frontières" otherwise known as "The Globalisation of Legal Services" Over time, the Legal profession has operated traditionally within national borders. We cannot overlook the cross jurisdictional hurdles which include challenges of different laws, different jurisprudence, language barrier etc. It is my desire to propagate the establishment of "legal practice without borders" within Africa through my skills and proficiency in the two major official languages within the continent.

19.04.2016

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Kaduna Anti-Preaching Law: A Regulatory Misstep Sam Amadi

on religious belief and practice. In this case the proposed law directly regulates religious practice. It is not a reasonable response to a social problem. It is a wholescale regulation of religion.

This contradicts Section 10 of the Constitution.

T

he proposed Kaduna State law on religion is generating controversy. This is expected.

Any law that tries to regulate the exercise of religion in a society with a deep religious consciousness, like Nigeria, is bound to generate strong disputation. This is more so in an environment of distrust, discredit and distemper. As expected, people have taken different positions for and against the law without reading it. The typical Nigerian pastime of taking strong positions without the assistance of facts and logic is enhanced in the era of instantaneous communication through tweets or blogs. So we blow hot and dusty air and befog our way through the challenge.

I have gone through the proposed law. Two things stand out for me about the law. Yes, there is a reason to venture to regulate the exercise of religion in Kaduna State. The perennial incidence of religious violence and the recent violent clampdown on members of the Shiites provide a background of security anxiety. The second point is that the law is a poor and presumptive response to an eminent, but in no way unique, social problem.

All said and done, the promoters of that law either do not understand the essence of freedom of religion or are in pursuit of mischief. I will believe the former for I do not think a wise administrator would play such a dangerous gambit. This must be a result of some form of shortsightedness. The proposed law is plain error that should be reversed as soon as possible.

The rest of this piece will show that the proposed law violates the freedom of religion in clear and fundamental ways that no reasonable administrator or court should accept it as a legitimate regulation of the exercise of the freedom of religion. It is an unreasonable and illegal attempt to regulate the exercise of freedom of religion.

Disproportionate Response The main purpose of the law is to regulate religion in Kaduna State by requiring strict licensing of all forms of religious preaching. Bear in mind that religious preaching is a form of religious speech. The law makes it a criminal offence for any person to preach without a license. Such an offender could be imprisoned for two years or fined N200,000. The law does not prohibit certain kinds of religious preaching (as would be expected if the problem is some kind of violent preaching) but generally requires that only those licensed to preach are authorised to speak. The prescribed license is granted by an inter-faith committee composed almost entirely by nominees of the Governor of Kaduna State. The Governor’s committee reviews the recommendation of another committee of either the Christian Association of Nigeria (CAN) or the Jama’atu Nasril Isam (JNI) for Christians and Muslims respectively.

The primary problem with this response is that it is an unreasonable response to any possible risk that religious expression may pose. A fundamental principle of regulation, whether it is finance, toxics or religion, is that the response must be proportionate to the perceived risks. Now what are the possible risks associated with religious expression in Kaduna State? They are evident in the history of the state. The main risk is religious violence arising from hateful and inciting religious speeches and sacrilegious practices. The proposed law could have targeted its intervention by focusing on those forms of preaching that clearly pose a threat to peace and security. As I will argue later, such targeting needs further to be secular in purpose to pass the constitutional requirement of legality.

If a regulatory intervention is overbroad to the extent that it overregulates a whole sphere of activity without necessary discrimination it becomes unreasonable and therefore subject to nullification by the court. A regulator ought to exercise its powers to effect a public good or deter a public bad narrowly.

Therefore, the proportionality of action to threat is fundamental to intelligent regulation.

Obviously, the Kaduna law wants the government to determine the entire sphere of religious preaching. On what basis should the government be responsible to determine who enjoys the right of religious speech and who does not, when such speech does not pose any threat to security in the state? It is totally unreasonable to believe or assume that every form religious preaching -religious speech- threatens the peace or would threaten the peace. Therefore, it is totally unreasonable to attempt to regulate the entire gamut of religious preaching.

Where there is no harm there should be no prohibition. Where there is harm prohibition should be targeted to the extent of the harm such that the regulatory action is justified by credible threat or risk. The US Supreme Court laid the clear principle of proportionality in the case of SHERHERT v VERNER 374 U.S. 398(193). The court laid the rule that a law that interferes with the enjoyment of freedom of religion can only be justified if the state has a compelling interest in its application and such interest cannot be achieved by any other means except by enacting the law. What is that compelling interest that the Kaduna State government has that cannot be achieved except every preacher obtains an approval from the inter-faith committee? Clearly, all

Kaduna State Governor, Mallam Nasir el-Rufai

such interest, especially the interest of securing peace and order in the state, can be attained without this draconian law. We do not need to require preachers to have license to control inciting preaching or violent actions of religious groups.

The Principle of Secular Purpose: Section 10 of the Constitution begins the protection of the freedom of religion by providing that neither the Federal Government nor the government of the state in Nigeria can establish any state religion. This is the so-called principle of secularity. Many Nigerian religious and legal theorists debate whether this section made Nigeria a secular state in the proper sense of secularism. The non-secularists argue that section 10 simply restrained the Nigerian state from projecting one religion as the official religion of the state but does not intend that the Nigerian state should be completely agnostic of religious values and practices. The secularists argue that the constitution makes Nigeria a secular state that should have no place for religion.

It builds an inseparable wall between the church (mosque) and the state.

This debate seems interminable and I do not intend to settle it in this piece. But what is clear is that the non-establishment clause of the constitution (that is Section 10) has an irreducible minimum. Whether we interpret it to mean strict secularism or religious neutrality, that section places an obligation on the government not to intervene deeply in religious affairs. The wordings of Section 10 of our Constitution is similar to the nonestablishment clause in the US Constitution that states “Congress shall make no law respecting the establishment of religion…”.

The courts have interpreted the Non-Establishment Clause to have three important implications. First, any intervention that affects exercise of religion must have a secular purpose. The government should not make law aimed at regulating religion per se. The wall of separation should operate such that neither government nor religion should interfere in each other’s domain.

Secondly, where in pursuit of secular purpose the law affects freedom of religion there must be a compelling government interest. And thirdly, such interests must be such that could not be realised without such interference. That is, the law should not be too burdensome on religious belief and practice.

Unfortunately, the Nigerian Supreme court has not had the opportunity to fully adjudicate on the full implication of section 10. But the US Supreme Court has done so. In ALLEGHENY COUNTY v GREATER PITTSBURGH ACLU 109 U.S. 493 (1988), Justice Blackmun, writing for the court, reviewed previous decisions in cases like EVERSON v BOARD OF EDUCATION and LEMON v KURTZMAN, and opined that “Under the lemon analysis, a statute or practice which touches upon religion, if it is to be permissible under the Establishment Clause, must have a secular purpose, it must neither advance or inhibit religion in its principal or primary effect; and it must not foster an excessive entanglement with religion”. This is the three-pronged test for Section 10 compliance, irrespective of the theory of non-establishment we accept.

The proposed Kaduna law is not focused on a secular purpose.

It is aimed at regulating the two religions. It does not pretend that its only purpose is to regulate Christianity and Islam in the state. Section 10 of the constitution that prohibits the government from establishing any religion discourages government from dabbling into religion beliefs and practices. Providing for how religious people should engage in one of the critical forms of religious expression- preaching -is a prohibited headlong plunging into the waters of religion. If the law addressed a secular purpose like the level of noise permitted in a neighborhood and consequently affected religious worship, it would have been a pursuit of a secular purpose and the only question would have been whether the law laid an excessive burden

The Free Exercise of Religion The proposed law does not pay serious consideration to the real essence of freedom of religion, which is the right of free exercise.

Freedom of religion has now become customary international law. This means that the obligation to protect and guarantee to everyone the freedom of religion cannot be validly excused by national laws. Nigeria, like other countries, has recognised the freedom of religion in its Constitution, clearing any hurdle to its enforcement by courts. Section 38 of the Constitution guarantees the freedom of religion of every citizen and resident of Nigeria in the terms of “freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice or observance”.

The history of the struggle for freedom of religion enlightens us on what the ‘free exercise clause’ means. The fight between the dogmatist Christians and enlightenment thinkers lies at the heart of the modern democratic state. The enlightenment tradition which is the basis of Westphalian state replaces religious feud with tolerance. The doctrine of religious tolerance championed by philosophers like John Locke and Jean Jacques Rousseau and statesmen like James Madison and Thomas Jefferson established the link between conscience, thought and religion as the fundamental fact that the proper religion of every man or woman should be left “to conviction and conscience of every man”. Every man or woman should also be allowed to determine the appropriate form to practice that religious form.

Free exercise of religion requires that the state does not put any obstacle or impediment in the exercise of the freedom of religion. The state does not need to facilitate freedom of religion but it must not impede it. The doctrine of free exercise therefore guarantees to every person the right to determine what beliefs he or she holds and liberty to hold such beliefs and practice them in company of other believers. The trend of judicial articulation of the free exercise has always prioritised freedom of thought and conscience over religious practices. The argument here has been that the freedom of thought and conscience does not entertain any derogation. It is the most fundamental component of freedom of religion. Practices can be regulated as long as the government pursues secular purpose and does not unduly restrain the practice of religion. As the US Supreme Court puts it in CANTWELL v CONNECTICUT 310 U.S 296 (1940), the free exercise clause “embraces two concepts, - freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society…. In every case the power to regulate must be so exercised as not … unduly to infringe the protected freedom”.

If you consider the requirement that every would-be preacher of the Islamic or Christian religion must seek and obtain a license from the state government, then it becomes clear that the proposed Kaduna law “infringes the protected freedom”. It limits the exercise of freedom of religion to the extent that anyone who does not secure a license commits an offence. The requirement of licensing is an actual censorship of belief which violates the inviolable freedom of conscience and thought. On what basis would a preacher be deprived of the license to preach except that his beliefs are considered unpopular or unconscionable?

When the freedom of religion is so constrained by the view of the majority or the imprimatur of the ecclesiastic or secular authority, then the inviolable freedom of belief, thought and conscience has been violated.

Worst case, the proposed law does not provide any intelligible principle for its fanciful inter-faith committee to scrutinise and approve applications for the preaching license. This makes the grant of the license arbitrary. Such arbitrariness is damaging to the free exercise of religion.

Unequal Protection: The proposed law violates the guarantee of equal treatment for religious believers. Another important principle of freedom of religion deriving from both the non-establishment and free exercise clauses is the prohibition against privileged or unfavorable treatment of some religious believers. If we treat religious believers differently on the same issues, we are violating the freedom of religion. By the proposed Kaduna law, members of the CAN and JNI committees that will make recommendations, and the inter-faith committee, are adherents of some religious beliefs. To ask them to determine whether a person who shares different religious beliefs should be granted a license to exercise his or her religious beliefs is to privilege the religious beliefs of members of the committees and disfavor the religion of the applicants.

Perhaps, the promoters of this law could not see this problem because they think of religious beliefs in terms of two monolithic religions- Christianity and Islam. But the fact is that the

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19.04.2016

‘Government Must Develop a Policy that Would Make Nigeria an Arbitration Hub’ Arbitration has maintained its increasing popularity in Nigeria despite the deficit in infrastructure and adequate legislation. Notwithstanding this fact, most ADR specialists and Arbitrators are desirous for Nigeria to develop into a major arbitration hub, at least in the West African sub-region. Nigeria’s first Professor of Corporate Governance, Professor Fabian Ajogwu SAN in this interview with May Agbamuche-Mbu and Jude Igbanoi recommends a strategy for promoting ADR in Nigeria including making it an Arbitration hub amongst a plethora of legal issues.

Professor Fabian Ajogwu SAN PHOTOS: Sunday Adigun

Y

ou are theVice-President of the Lagos Court of Arbitration and a member of several arbitration organisations.

We have observed a steady growth in these organisations and the activities they are involved in, but holistically how can they work together to promote arbitration in Nigeria? What should constitute our national policy on arbitration?

You have observed rightly that there has been a steady growth in arbitral institutions and the activities they are involved in. These organisations have in the past few years put in some collaborative work to promote arbitration in Nigeria. One particular instance that comes to mind is the opposition to the draft National ADR Bill which sought to regulate ADR bodies in Nigeria. Arbitrators from different organisations came together and voiced their opposition to the Bill, which eventually led to its being dropped (we hope).

Another example is the Lagos Court of Arbitration which had an inaugural board which consisted of members of the Chartered Institute of Arbitrators Nigeria and the Chartered Institute of Arbitrators UK (Nigeria Branch). One of the Board’s several achievements is the establishment of the International Centre for Arbitration and ADR which currently houses a number of key arbitration organisations in Nigeria.

From a policy perspective, the important thing to note is that arbitration practice thrives on the availability of infrastructure, enabling arbitration

legislation, quality of arbitration practitioners and judicial support. Nigeria currently has Federal arbitration legislation, the Arbitration and Conciliation Act of 1988 which was modelled in line with the UNCITRAL Model Law 1985 and incorporates the New York Convention 1958.

A lot has happened in the field of arbitration since 1988 and our current law is in need of overhaul. It would also be instructive to consider recent arbitration reform which has taken place in Mauritius. I would recommend that the Federal Government embraces a policy that develops Nigeria into an international arbitration hub, at the least for the West African sub region.

Currently, many arbitration proceedings between Nigerian parties take place in London, Dubai, Paris, etc even when the dispute and the parties have no connection with the seat or venue. For one, legal practitioners who prepare arbitration agreements on behalf of their clients should suggest making Nigeria the seat of the arbitration, especially when the subject matter of the dispute is based in Nigeria. Not only will this promote arbitration practice, it would also enhance tourism and create a notable surge in foreign direct investment which would in the long run, boost the Nigerian economy. To achieve the objective of becoming an international arbitration centre, the Government has to positively encourage the growth of arbitration in Nigeria by encouraging autonomy of arbitration bodies and organisations.

There is a debate among arbitration experts about whether institutional or ad-hoc arbitrations are more effective. With your vast knowledge in arbitration and years of practice as an arbitrator which would you favour institutional or ad-hoc arbitrations?

To answer this question appropriately, I must first begin by giving a brief explanation of both concepts. On one hand, institutional arbitration refers to a situation in which a specialised institution intervenes and takes on the role of administering the arbitration process.

Some common institutions are the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), the Dubai International Finance Centre (DIFC) and the Dubai International Arbitration Centre (DIAC).

On the other hand, ad hoc arbitration is one which is not administered by an institution such as the ICC, LCIA, DIAC or DIFC. In this case, the parties will have to determine all aspects of the arbitration themselves – such as the number of arbitrators, appointing those arbitrators, the applicable law and the procedure for conducting the arbitration.

One major point to note is that the effectiveness of any arbitration proceeding depends on the

"FROM A POLICY PERSPECTIVE, THE IMPORTANT THING TO NOTE IS THAT ARBITRATION PRACTICE THRIVES ON THE AVAILABILITY OF INFRASTRUCTURE, ENABLING ARBITRATION LEGISLATION, QUALITY OF ARBITRATION PRACTITIONERS AND JUDICIAL SUPPORT"

cooperation of the parties involved. Having said that, I must also note that with institutional arbitrations, parties have the opportunity to choose from a list of qualified arbitrators and have an organisation with an established format to assist with the arbitration proceedings. Given this, institutional arbitrations tend to cost more than ad hoc arbitrations due to the administrative fees that may accrue.

Therefore, the decision to go for either institutional or ad hoc arbitration may be dependent on the nature of parties’ transaction and the size of the parties’ pockets. As such, for claims of a small nature and less wealthy parties, ad hoc arbitration may prove appropriate. On the other hand, for major claims and for parties for whom cost is not the main consideration, institutional arbitration may be preferred. Both forms of arbitration can prove to be quite effective – as long as parties to the proceedings are cooperative and work towards reaching an amicable settlement.

Usually, litigation and arbitration are regarded as mutually exclusive dispute resolution methods, is it possible to combine both forms of dispute resolution to develop an effective strategy?

While many consider litigation and arbitration as mutually exclusive dispute resolution methods, I beg to differ for a myriad of reasons. It has been my experience that both forms of dispute resolution are often combined to achieve an effective strategy. Both methods are adversarial, and arbitral awards cannot be enforced without recourse to the Courts. Once parties have obtained an award from the arbitral tribunal, they need to approach the Courts for the judgment to be recognised and enforced. Parties would also

19.04.2016 "I WOULD RECOMMEND THAT THE FEDERAL GOVERNMENT EMBRACES A POLICY THAT DEVELOPS NIGERIA INTO AN INTERNATIONAL ARBITRATION HUB, AT THE LEAST FOR THE WEST AFRICAN SUB REGION" require the machinery of the Court – Sheriffs and the likes to enforce an award.

The arbitration process also relies on the Courts for interim injunctions to preserve the subject matter (res) among other things. For example, where there is an arbitration clause in an agreement, and one of the parties proceeds to Court to litigate the dispute, the other party to the contract can approach the Court for an order staying proceedings pending the determination of arbitration proceedings.

Accordingly, while it may be argued that both follow different procedures, with arbitration dispensing with a lot of the formalities typically the preserve of litigation, I see some difficulty with the conception of mutual exclusivity of arbitration and litigation.

Many International Arbitrations in the oil and gas industry are held in foreign countries, even where the issue are wholly Nigerian. How can we make Nigeria a more attractive Arbitral Seat for the African sub region?

My response to this question is relatively the same as my response to your first question.

Like you have rightly noted, even when the issues are wholly Nigerian, most disputes in the oil and gas industry are often referred to arbitration tribunals seating in foreign countries.

I would like to point out that arbitration is consensual and based on party autonomy.

Therefore, parties can, by agreement, decide to have their arbitration wherever they desire. It happens that parties prefer to have the arbitration proceedings take place abroad.

One way to change this trend is for the government to take active steps to make Nigeria a more attractive Arbitral seat. One such way is to address the infrastructural problems that bedevil Nigeria, namely: power, transportation network and security. Another way is to create a legal framework that meets international best practices. There is a need to ensure the continuous training of judges, lawyers and arbitration practitioners in order to enhance effective dispute resolution and administration of justice. There is also a need to develop existing and more arbitration institutions that have global appeal and capacity to administer diverse oil and gas related disputes.

In addition, promoting the idea that international or domestic Awards can be enforced as the Judgment of either the Federal or the State High Court in Nigeria without having recourse to the subject matter of the dispute to determine proper jurisdiction makes Nigeria an attractive choice for the seat of International Arbitration.

Basically, in order for an arbitration seat to be chosen as a place in which to conduct arbitration, it must be attractive to the parties.

This can be achieved through a combination of features, namely: a dynamic arbitration legislation, supportive court system, well-trained and qualified arbitration practitioners and state of the art facilities and support services.

The general consensus of opinion is that “Pathological clauses” affect the likelihood of the swift resolution of disputes between parties to an arbitration agreement because of their inherent ambiguity and inconsistent wording. In your opinion how can individuals and arbitral institutions deal more effectively with them?

The issue of “pathological clauses” have to do with the draftsman, that is, persons who draft contracts. This can be avoided by going through the agreement with a fine toothcomb to avoid any ambiguities. The onus falls majorly on legal practitioners to exercise the utmost level of expertise when drafting contracts and agreements.

As I stated in my new book, ‘Oral & Written Advocacy: Law & Practice’, co-authored with Chief ’Folake Solanke, SAN, CON, pathological arbitration clauses constitute an abuse of written advocacy. Arbitration lawyers must avoid such outrageous blunders and rather, demonstrate their professional competence.

Sustaining a significant amount of foreign direct investment is necessary for the growth of Nigeria’s GDP, however this should inevitably, be directly linked to a viable legal framework. Could you give an

COVER/9 appraisal of our current legal framework for the retention and protection of foreign direct investment in Nigeria?

As you have rightly stated, sustaining a significant amount of foreign direct investment is necessary for the growth of Nigeria’s GDP. The current legal framework has created opportunities for the growth of foreign direct investment. For instance, by virtue of Section 17 of the Nigerian Investment Promotion Commission Act, any person, be it Nigerian or Foreigner can participate and invest in the operation of any enterprise in Nigeria (except for items on the negative list). Also, pursuant to Section 54(1) of the Companies and Allied Matters Act, although all foreign companies are required to register with the Corporate Affairs Commission, a company may apply to the Federal Executive Council for exemption if it satisfies the requisite conditions. In addition to this, there also exist a number of incentives that many foreign companies can take advantage of.

Such as pioneer status (tax relief for a period of 3-5 years), duty draw back and suspension scheme, Rural Investment Allowance, tax relief for investment in export processing zones, repatriation of 100% of capital and profits if importing capital through an authorised dealer.

All these are geared towards promoting and enhancing foreign direct investment in Nigeria.

Recently, hackers extracted $441,000 from the Central Bank of Nigeria. Attacks like this put a spot light on the effective policing of cybercrime and cyberattacks. Do you believe the cybercrimes Act 2015 adequately provides protection for unsuspecting internet users, especially considering the complexity of third-party platforms and internet liability?

I am of the opinion that to the extent of its provisions, the Cybercrimes Act of 2015 provides some protection for unsuspecting internet users.

The Act is a good initiative by the Nigerian legislature. With respect to the adequacy of these provisions the challenge would be in their implementation. The approach adopted by the Act is a decentralised and distributed enforcement framework, which involves the collaboration of the National Security Agency and all other relevant enforcement agencies. The Act also provides for Cybercrime investigation, prosecution and enforcement. Looking at the provisions of the Act, it is doubtful that the Government considered the cost implications of the implementation. It would cost millions of dollars to set up cybercrime investigation systems in all law enforcement agencies. Furthermore, I am of the view that the definitions in the Act

are too specific. In the long run, this would give room for offenders to devise other means of committing cybercrimes outside the specific definitions of the law. These are the gaps which the Nigerian legislature must fill after considering the opinions of stakeholders in order to ensure adequate protection of unsuspecting internet users.

You recently co-authored a book titled “Oral & Written Advocacy: Law & PracticeTraditional and Modern Trends in Advocacy with Chief Folake Solanke SAN. Some legal practitioners are of the view that lawyers are losing their advocacy skills because of our court rules which encourage written arguments leaving little or no room from real court-room advocacy. Could you share your thoughts on this perspective?

You will observe that the first female SAN, Chief Solanke CON, and I sought in our recent book, to present both the traditional (oral) and the modern (written) trends in advocacy.

Whilst I have always been in support of written advocacy, I have also advocated for a bit of oral advocacy. Oral advocacy predated written advocacy, however, certain factors such as the extraordinary amount of time, high costs expended on trials and the congestion in law courts, caused a shift towards a preference for written advocacy over oral advocacy. The shift was inevitable and is indeed laudable, however, both oral advocacy and written advocacy are part of the adjudication process. One cannot exist without the other, and I am so disturbed by the recent trend in law courts which seeks to further quash or stifle the limited amount of time provided by the Rules of Court for oral addresses. It is said that practice makes perfect, and so, the more lawyers are encouraged to speak up and engage in oratory, the sharper their advocacy skills will be, and the more public confidence will be instilled in the judicial system. No one can forget the moving and eloquent oratory of outstanding advocates such as the late Chief F. R. A. Williams, SAN, Chief G.O.K. Ajayi, and the late Chief G.C.M. Onyiuke, amongst others. It was in fact, their excellent oral advocacy which compelled quite a number of individuals to venture into the legal profession.

As a seasoned advocate you know that oratory and court advocacy are skills learnt and developed by guidance and consistent practice. Tone, cadence, argument structure etc are all parts of the elocution of great oratory in court, these take years to learn.

While advocacy is taught as a separate module

in law schools in most other jurisdictions and therefore these lawyers are furnished with the advantage of advocacy training from their day of call, Nigerian lawyers do not have any such advantage since the Nigerian law school does not teach an active module for advocacy. Do you think there is some advantage in teaching advocacy in the Nigerian law school?

In my recent book, ‘Oral and Written Advocacy: Law & Practice’ which was co-authored with the First Lady Silk of Nigeria, Chief ’Folake Solanke, SAN, CON as lead author, we made the point that advocacy is the specialty of lawyers, whether oral, or written. Lawyers often refer to jurisdiction as the life blood of a case; we refer to advocacy as the life blood, essence, the very core of legal practice. To practice as a legal practitioner in Nigeria, one must have been called to the Nigerian Bar as a Barrister and Solicitor of the Supreme Court of Nigeria. Be it by way of litigation, alternative dispute resolution, corporate/ commercial work, transactional work, etcetera, in every mode of representation of a client by a legal practitioner, the legal practitioner acts as an advocate; he puts his best foot forward on behalf of his client, he supports his client’s cause, acts in his client’s best interest, and is always seeking the good of his client. There can therefore be no practice of the law without advocacy.

As such, I wholeheartedly support the call for advocacy to be taught as a separate module at the Nigerian Law School. The law school curriculum should be amended to include courses which are designed to hone public speaking and trial advocacy skills, bearing in mind, the Rules of Professional Conduct for Legal Practitioners.

Students must be taught the art of persuasion; they must learn to persuade any audience of the merits of a cause or proposal and of the credibility of any proponent. Whether written or oral, the lawyer must communicate effectively.

This is not limited to the courtroom but also to client meetings, business negotiations and presentations to public agencies.

You assisted the Securities and Exchange Commission with drafting Nigeria’s pioneer code of Corporate Governance. Could you comment on the rationale behind these rules?

Could you also give us insight into the extent to which these rules are being enforced?

The SEC Code of Corporate Governance was issued because of the need to ensure the highest standards of transparency, accountability and good governance, without unduly inhibiting enterprise and innovation. It has been observed that weak corporate governance was responsible for the corporate failure in Nigeria up to the period when the Code was enacted. The aim of the Code is to align Nigerian companies with international best practices.

As with all forms of legislation in Nigeria, the enforcement of the Code has been gradual. With time, the Securities and Exchange Commission has gained influence in its regulatory compliance activities. Other institutional agencies which have assisted with the enforcement of this Code include the Nigerian Stock Exchange, the Corporate Affairs Commission, and the Central Bank of Nigeria, amongst others. There has clearly been a reduction in the failure of companies in recent times, due to the creation of awareness on the importance of sound corporate governance practices as well as a close monitoring and supervision of companies by all the regulatory agencies involved.

The recent restructuring of the NNPC by the Minister of State for Petroleum Resources Mr. Emmanuel Kachikwu has been met with mixed reactions, some major stakeholders in the oil and gas industry have expressed reservations on its outcome. In your opinion what impact will this have on the oil and gas sector?

I am of the school of thought that there is a need to reduce the non-essentials functions from the NNPC. I agree with the Honourable Minister of State for Petroleum Resources that the NNPC has to operate in a more efficient way than it did previously. The NNPC needs to run not like the sluggish elephant that it used to be in the past. It needs to be efficient and productive. The NNPC needs to impact on the lives of its shareholders who are really the people of this country. It needs to deliver on the reasons for which it was established in 1977. If you have set up something for more than 38 years and it turns out like the NNPC, it needs to be born anew.

One way of achieving this is by restructuring the NNPC. As such, for operational efficiency and service delivery, the Nigerian National Petroleum Corporation has been restructured into seven divisions. It is important to understand

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19.04.2016

‘GOVERNMENT MUST DEVELOP A POLICY THAT WOULD MAKE NIGERIA AN ARBITRATION HUB’ CONTINUED FROM PAGE 9 that NNPC was reorganised years ago, starting from 1988 in strategic business units, covering the entire spectrum of the oil industry operations, exploration and production, gas development, refining, distribution, petrochemicals, engineering and other commercial investments. One of the things we needed to see is a streamlining of all of these different units, to bring them to more manageable sub-divisions.

Most countries are developing sustainable solutions to their future energy needs due to climate change and the fluctuation in crude oil pricing. Could you suggest a possible strategy to guarantee energy security in the short-term and in the long-term for Nigeria?

Energy security goes hand in hand with economic development. As such, a country that has failed to establish a secure energy source will face severe challenges just as Nigeria is currently facing. This is because a sustained availability of affordable energy in its various forms is fundamental to the provision of jobs, health services, education, etc.

Nigeria’s economy is mono-cultural as every economic activity revolves around oil and gas.

There is an urgent need for Nigeria to diversify its energy supply as any major breakdown in the sector will lead to an economic meltdown.

The Nigerian government would do well to explore alternative sources like solar, wind, biofuel and, perhaps, nuclear energy. Nigeria should strive for a well rounded energy mix, combining the available renewable energy with the non-renewable fossil fuel. Nigeria’s dream of being among the top 20 world economies in 2020 would remain a dream, if the energy issue is not properly and urgently addressed.

Accordingly, there should be in place a deliberate effort towards increasing Nigeria’s energy independence.

You wrote an authoritative book ‘Mergers & Acquisition in Nigeria Law and Practice.’

Given the fact that lawyers from other jurisdictions have led their Nigerian counterparts in most mergers and acquisitions executed so far in Nigeria, how should Nigerian Lawyers be building proficiencies that put them in a better position to take advantage of the Nigerian market as globalisation brings previously unknown law firms to our shores?

Nigerian lawyers should not take their engagement with foreign Counsel in Mergers & Acquisitions (M&A) lightly, as there is a lot to be learnt from them. Mergers & Acquisitions cover various aspects of law: the regulatory aspect, the antitrust aspect, the litigation aspect, due diligence, etc. A broad range of experience is indispensable, and a lawyer who aims to build his proficiency in Mergers & Acquisitions must successfully rotate through different practice areas.

It is a difficult practice; specialisation is always much easier, but acquiring experience in a broad range of subjects is beneficial for M&A. The lawyer must also learn effective communication because in M&A, no party wants to be taken by surprise. Also, as a lawyer that wants to be proficient in M&A, you must read broadly.

You can never know too much. Read financial literature, such as the Wall Street Journal, the

Economist, Financial Times, Fortune and Forbes, which aid in the understanding of the business context of M&A. Reading widely enables the lawyer to understand where the Client is coming from, and Clients love to be understood by their lawyers. Another way by which proficiency can be built is by attending trainings in that area. The Nigerian Bar Association, Section on Business Law has a role to play in capacity building and the creation of awareness in this area.

You chaired the committee of the Nigerian Communications Commission on Corporate Governance that drafted the 2014 NCC Code of Corporate Governance for the telecommunications sector. Kindly share with us some of the highlights of that code?

The NCC Code of Corporate Governance for the telecommunications sector was enacted based on the need to strengthen the growth of the telecoms industry and increase economic development. The Code was necessary as good corporate governance in institutions encourages corporate success and business accountability.

Some of the highlights of the Code include the following: a) The abolition of the single person ‘dual offices of Chairman of Board of Directors and CEO’ in any telecommunications company operating in Nigeria. This is to institute independence in the conduct of affairs in these companies, as well as uphold the principle of checks and balances. b) In the NCC Code, effective leadership and organisational efficiency are encouraged.

The principle is to the effect that the decisions and deliberations of the Board are value-based (a good principle of corporate governance) by ensuring accountability, transparency, responsibility, independence, integrity, reputation and fairness, amongst others. The aim is for these companies to grow and outlive their founders. c) The Boards of communications companies are encouraged in the Code to ensure the equitable treatment of all shareholders and that the interests of minority shareholders are protected. The Code provides that there should be dialogue and engagement between the Board and the shareholders of telecommunications companies to align the appreciation of and attain the mutual understanding of corporate governance.

You are a member of the General Council of the Bar and the Council of Legal Education.

Stakeholders in the legal profession have raised concerns about falling standards in the legal profession and about the quality of lawyers leaving law school. In your opinion what can be done to address these issues?

Thank you for that question. I addressed this burning issue at my lecture given at the 50th anniversary of the Nigerian Law School/ Council of Legal Education in 2014. It is received wisdom that sound education is a prerequisite for honouring the trust we hold as legal practitioners in our different callings. We hold this trust for the future generation of lawyers. One of the factors responsible for the decline in the quality of lawyers leaving the law school, is the general decline in the quality of education in Nigeria.

Education has a cost which must be borne by someone. The government has over the years,

"ONE WAY TO CHANGE THIS TREND IS FOR THE GOVERNMENT TO TAKE ACTIVE STEPS TO MAKE NIGERIA A MORE ATTRACTIVE ARBITRAL SEAT. ONE WAY IS TO ADDRESS THE INFRASTRUCTURAL PROBLEMS THAT BEDEVIL NIGERIA, NAMELY: POWER, TRANSPORTATION NETWORK AND SECURITY" given less capital allocation to the education sector. Many Federal and State Universities are bereft of funds due to low priority given to education these days. The falling standards in the legal profession can be attributed to the poor system of legal education as the proper education of a lawyer starts at the University.

It is important for the government to increase its capital allocation to education until the minimum of 25% of the national budget prescribed by UNESCO is achieved and surpassed. Where the government is unable to fund the cost of quality education, parents who can afford to pay the fees of their children should be made to do so, as what we have in Nigeria at the moment is a system of free education which is not matched by a commensurate financial

backing. There is the need to provide the basic and fundamental tools required for the realisation of high level and functional legal education.

The law school curriculum also needs to be updated in line with the current economic, political, and administrative trends in society.

We also need to train lawyers to be firm and courageous and to stand for the Rule of Law. In spite of the unpredictable political climate, lawyers need to be trained not to kowtow to the government’s every dictate, but to stand for what is right, and encourage due process. The teaching method should also not be limited in scope; law teachers need to consistently improve their teaching schools, reach beyond the regular law subjects and make learning more practical for the law students using case studies, analysis and research. More emphasis should also be placed on research. A sharp contrast lies between what is taught at the law school and what obtains in actual legal practice.

You are the founder and fellow of the AIFA Reading Society which aims to promote and entrench the reading culture among young people. What practical steps is this organisation taking to improve the literacy levels of young people in rural areas?

Good question. This is a community development project. The AIFA Reading Society has several programmes which have been established in Lagos State and Enugu State, such as the AIFA book revolving scheme (an annual book drive which involves the donation of educational textbooks and other instruction materials to select public secondary school libraries), the iRead2Lead Initiative (which encourages children to talk about their favourite books), the Little Writers Awards (an essay competition) and the Calculate2Succeed programme (which empowers students with the tools necessary to succeed in Mathematics and Science subjects. We at AIFA are of the belief that individuals who read are the ones who lead.

Every child must be fully enabled to read in order to succeed in school and discharge his responsibilities as a citizen of a democratic society. A good education encourages reading, and reading is a cornerstone for a person’s success throughout life. With this knowledge in mind, AIFA is taking steps to extend its programmes and initiatives to schools in rural communities, such as Zaria, Kaduna State, a school in rural Ikare, Lagos State, and a school in the rural part of Enugu State. We plan to upgrade the libraries in those schools, and set up AIFA Study Centers, similar to the community libraries in the United Kingdom and other countries. This is because we recognise the fact that empowering others to read is not restricted to providing reading materials, but also providing a conducive environment where the reading can be done. We are in the era of globalisation, and everything seems to be digitised. However, the vast majority of information in the world today is still in print form, mostly hidden in books. We also intend to identify, encourage and support outstanding and committed teachers in these rural areas, as they have a very important role to play in the reading culture among the youths.

BADEH’S TRIAL REVEALS WHAT IS WRONG WITH THE WAY OUR ARMED FORCES ARE RUN CONTINUED FROM PAGE 6 Republic of Nigeria,(1999) as amended. He is also presumed innocent until proved guilty by a Court of competent jurisdiction.

“It therefore stands to reason that the prosecution should and ought to be preoccupied with ensuring that Air Chief Marshall Alex S. Badeh (Rtd.) is apprized of his rights under these circumstances, and receive a fair hearing in court rather than deliberately leaking these untruths to the newspapers to turn public sentiment and opinion against him.

“The trial by the press which has become the stock in trade of the EFCC is not only unconstitutional and unethical; it is fast losing its appeal and credibility before discerning members of the public who have become desensitized to such under handed and Gestapo tactics."

Similarly, a group, The New Nigeria Patriots, which condemned the media dimension the trial has assumed, while speaking with journalists at the last court’s sitting, called for the suspension of the trial, advising that government should not be spending tax-payers money on a wild-goose chase.

National Coordinator of the group, Samuel Ndubuisi, who spoke on behalf of the group, maintained that the media trial has only succeeded in putting the Nigerian military to ridicule and must be stopped. While claiming

that they are in support of the government’s current anti-corruption drive, he insisted that government should stop distracting Nigerians with the current media show.

"Such cases that lack substance should be discontinued in public interest", he said, and urged the government to direct its attention to solving the nations challenges rather than embarking on a wild-goose chase.

Speaking further a member of badeh’s team condemned the Federal Government for engaging in acts considered to have negative effect on the chances of the accused.

He recalled an interview by Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu where he was quoted to have said; “The former Chief of Defense Staff is someone whose country home came under attack. In fact his own community had been seized by Boko Haram up to three times. Then they gave money to go and buy weapons to secure your own community but you would rather build palaces in Abuja...”.

The member while describing the statement as deliberately false and misleading statement maintained that it “was invidiously calculated to tarnish the unblemished professional reputation of a distinguished professional who has spent the better part of his life protecting and defend-

ing this country from external aggression and securing the territory of the Federal Republic of Nigeria.

“While one may excuse the attempt by the Senior Special Assistant to garner publicity by the proclamation of headline-grabbing utterances which do not have a modicum of truth, it is simply unprofessional for a person of his status to engage in these careless remarks and comments about a matter which is presently being adjudicated before a court of competent jurisdiction.

“The Senior Special Assistant on Media and Publicity should rightly direct his Media and Publicity functions to addressing the increasingly deteriorating plight of the good people of The Federal Republic of Nigeria whose welfare should and ought to be his primary concern, rather than continuing in this woeful attempt to deliberately misleads the public”.

EFCC had on February 29, 2016 filed a 10-count charge against Badeh and Iyalikam Nig Ltd, a company believed to be owned by him at the Federal High Court in Abuja.

Badeh was accused of diverting funds from accounts of the Nigerian Air Force and used same to purchase choice properties in Abuja.

The charge marked FHC/ABJ/CR/46/2016, was signed by the Deputy Director of Legal &

Prosecution Department at the EFCC, Mr. Aliyu M. Yusuf. A firm, Iyalikam Nigerian Limited, was equally cited as the 2nd defendant in the charge.

Count one of the charge reads: “That you Air Chief Marshal Alex S. Badeh (whilst being the Chief of Air Staff, Nigerian Air Force) and Iyalikan Nigeria Limited, between January and December, 2013, in Abuja, within the jurisdiction of this honourable court, did use dollar equivalent of the sum of N1, 100, 000, 000.00 (One Billion, One Hundred Million Naira only), removed from the accounts of the Nigerian Air Force, to purchase for yourselves a mansion situate at No. 6 Ogun River Street, Off Danube Street, Maitama, Abuja, when you reasonably ought to have known that the said funds formed part of proceed of unlawful activity (to wit: criminal breach of trust and corruption) of Air Chief Marshal Alex S. Badeh, and you thereby committed an offence contrary to section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3) of the same Act”.

The former CDS however pleaded not guilty to the charges and was admitted bail in the sum of N2 billion and two sureties in the sum of N1 billion each by the trial judge, Justice Okon Abang to enable him prepare for his defence.

19.04.2016

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Enforcing the Right to Life of Victims of Extrajudicial Killings Francis Chigozie Moneke

T

he fundamental right to life is enshrined in Section 33 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). It provides that “every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

Section 46 (1) of the same Constitution also provides that “any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.” Similarly, the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREP Rules) enjoins any person alleges that any fundamental right to which he is entitled has been, is being or likely to be infringed to approach a High in the State where it occurs for redress.

Hitherto – during the era of the 1979 version of the FREP Rules – in view of the wordings of the enforcement provisions set out above, which incorporate phrases like ‘any person who alleges’, ‘in relation to him’, ‘to which he is entitled’, the law seemed to lean more towards the position that it is only the direct victim of human rights violation that has the competence and capacity to approach the court for redress. The principle of locus standi was therefore employed to shut out third parties from suing on behalf of victims of human rights violations, who may otherwise be unable to sue personally – such as victims of incommunicado incarceration, enforced disappearance, and extra-judicial killing. However, the position of the law has now changed with the advent of the 2009 FREP Rules, which enjoins the courts not to strike out any fundamental rights enforcement application for want of locus standi, but instead to encourage and welcome public interest litigations. The said 2009 FREP Rules also provides in its Preamble that human rights activists, advocates or groups as well as any non-governmental organisation, may institute human rights application on behalf of any potential applicant. It further stipulates that in human rights litigation, the applicant may include: a. anyone acting in his own interest; b. anyone acting on behalf of another person; c. anyone acting as a member of, or in the interest of a group or class of persons; d. association acting in the interest of its members or other individuals or group; and e. association acting in the interest of its members or other individuals or groups.

The question now is whether a dead person

still has the right to life, or whether that right is not foreclosed by reason of death? Commonsense would answer the question in the affirmative, for otherwise the right to life will be meaningless and devoid of any substance whatsoever.

Come to think of it, it is by the act of unlawful killing of another that the right to life is said to be violated. If the right to enforce cannot crystallise when the right to life is violated by unlawful killing, the implication is that there is no such right, and the provision of Section 33 of the 1999 Constitution and other regional and international instruments safeguarding the right to life will become absolutely lacking in content. Indeed the Supreme Court had, even during the restrictive regime of the 1979 FREP Rules answered the above legal question with a definitive affirmation in the case of NOSIRU BELLO v AG, OYO STATE (1986) 5 NWLR Pt. 45 pg. 828 In that case, which apparently set the stage for the introduction of the auspicious and broad scope for human rights enforcement, a person who was convicted of armed robbery and sentenced to death but had filed a Notice of Appeal, was executed before the hearing of his appeal. His relatives claimed damages for wrongful and premature termination of his life. The Supreme Court held inter alia that the unlawful termination of his life by the Oyo State Government before his appeal could be heard was a contravention of his right to life enshrined in Section 30 (1) of the 1979 Constitution. Karibi-Whyte, JSC in that Judgment held that “action will lie for the violation of the right to life in S.30 by or on behalf of any person who has an interest in the continued existence of the deceased”.

In the fairly recent decision of the Federal High Court, Lagos Judicial Division in the case of SHOBAYO v COP, LAGOS (Suit No. ID/760m/2008) the Applicant – wife of a deceased victim of police impunity – brought an enforcement application praying the court for a declaration that the arrest, detention, torture and killing of her husband by some police officers was unlawful and unconstitutional being contrary to the fundamental rights guaranteed under Sections 33, 34, 35 & 41 of the 1999 Constitution. Oyewole, J. (as he then was) in his judgment delivered on 15/1/2010 held that “insisting that only the citizen subject of an infringement can approach the court when such a right is violated could create an absurdity. This would imply the non-realisation of a fundamental right expressly created by the Constitution. This is more so in relation to the right to life when already contravened for in this case, the citizen victim of the deprivation would have been dead. Restricting redress for violation of the fundamental right to life is antithetical to the letters of the Constitution and to avoid this anomaly, the next of kin of such deceased citizen must be permitted to enforce the right so allegedly deprived. The

depositions before the court indicate that the Applicant was the wife and next of kin of the deceased, who reportedly died in custody of the Respondent. Denying her the right to maintain the action would create a situation never contemplated by the framers of the Constitution, as an unenforceable right would thus have been created. The Applicant without contradiction was the wife of the deceased, a relationship not too distant to fathom. That she will be affected by the deprivation of the life of her husband goes without saying. The wife of a deceased whose right was supposedly violated would naturally be affected by the violation and comes within the purview of persons affected by the infraction, who could, pursuant to Section 46 (1) of the Constitution, approach the court for redress”.

The Court of Appeal, Lagos division (per Amina Augie, JCA) in a very recent decision delivered on 28/7/2015 in the case of OMONYAHUY & ORS. v IGP & ORS. (2015) LPELR 25581 relied heavily on the foregoing cases to hold that “it appears that we have charted a way to the answer to our question – the constitutional right to life of a dead man can be enforced by his dependents.

In arriving at this answer that is in line with modern-day pronouncements, I will say that I was swayed by the mischief rule of statutory interpretation, which is the oldest of the rules….

Under the mischief rule, the Court’s role is to suppress the mischief the Act is aimed at and advance the remedy……In this case, I believe that the 2009 FREP Rules was enacted to cure shortcomings in the 1979 FREP Rules, and decisions under FREP Rules that were enacted 30 years apart cannot be the same, as the law is not static, it moves and pulsates with every generation as different cultures unfold, and as criminal elements find new ways to terrorise and torment citizens. I am strengthened in this view by the Preamble to the 2009 FREP Rules, which sets out the overriding objectives of the Rules that are farreaching, and geared towards moving with modern trends in human rights actions”. The above case resulted from the unlawful killing of two young men by a police officer under the pretense that they were armed robbers at a checkpoint along LASU/Igando expressway, Lagos on 15/12/2012.

In the case of ORJIEH v THE NIGERIAN ARMY & ORS (cited and relied upon by the Court of Appeal in the above Omonyahuy’s case), the Applicant prayed the Federal High Court, Lagos for a declaration that the fatal shooting and killing of her husband by a soldier, was a gross violation of the deceased fundamental right to life and dignity of his human person contrary to Sections 33(1) and 34 (1) (a) of the 1999 CFRN and Articles 4 & 5 of the African Charter on Human & Peoples’ Rights (Ratification & Enforcement) Act, LFN 2004 and therefore unconstitutional and illegal.

Inspector General of Police, Solomon Arase

In a judgment delivered on 20/2/2013 per M.B. Idris, J. the Court held, inter alia, that: “In the instant case, the Applicant’s husband’s rights were breached with wanton impunity. Clearly, the 7th Respondent acted with the belief that his action cannot be questioned by anyone.

Indeed, till date, none of the Respondents took any action and none of them has apologised to the Applicant. The shooting of the deceased, who was unarmed while pursuing his daily activities, was unjustified by any of the exceptions and therefore, constitutes a substantial violation of the Constitution. The right to life imposes on an individual the obligation not to deprive another intentionally of his right to life…..” The judge therefore entered judgment in favour of the Applicant, and awarded her N300 million as general and/or exemplary damages/compensation for the breach of her deceased husband’s fundamental right to life and dignity of his human person.

The right to life is the most important human right; it is the foundational human right because every other human right depends on it. See Communication 295/04: Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi (represented by Zimbabwe Human Rights NGO Forum) v. Zimbabwe (decided by the African Commission on Human & Peoples’ Right at its 51st Ordinary Session from 18th April to 2nd May, 2012). In that Communication, the African Commission recognised the right to life as the foremost human right, and affirmed the capacity and competence of the next of kin or relations of unlawfully killed victims to enforce the right to life of such victims, and to obtain adequate compensation for the unlawful deprivation of the lives of their loved ones.

Moneke is the Executive Director of Human Rights & Empowerment Project.

KADUNA ANTI-PREACHING LAW: A REGULATORY MISSTEP CONTINUED FROM PAGE 7 freedom of thought, conscience and religion is not guaranteed to adherents of mainstream or fringe Christianity or Islam. It is guaranteed to every person and for every religious belief, no matter how heretical. It is guaranteed to the mainstream believer as well as the fringe or nutty believer. Unless the adherents of such a religion acts in a manner that violates a ‘secular and significant government interest’ there is no reason to place restrictions on their exercise of freedom of religion. Conceivably, there are many Christian groups that may not recognise CAN because their core values diverge fundamentally from those of members of CAN. If it falls on a CAN committee to determine whether members of these groups can practice their religion, then the law has discriminated against them. Discrimination against religions may not be express in the law but actual in its administration.

The Kaduna law also discriminates against religious groups by singling out the Christian and Islamic religions for regulation. This could be interpreted in one or two ways. It could

be that whereas adherents of other religions need not apply for a license to preach, members of the Christian and Islamic religion would need to be licensed to preach. Or it could be understood to mean that only adherents of Christian and Islamic religion are recognised in Kaduna State, such that all other forms of religions are otherwise outlawed. This second reading will be totally abhorrent. So, we could take it that the promoters of the preaching law intended to have adherents of Christian and Islamic religion subjected to licensing before they can practice their religion. This is discriminatory as it places an additional burden on adherents of Christianity and Islamic which is not placed on adherents of other religions. The second reading would be much more problematic.

The major error of the Kaduna law is to presume that CAN and JNI capture the entire gamut of religious beliefs. There is just no reason to ask a committee of CAN and JNI to recommend who should be licensed to preach. Recognising that preaching is the essence of religious belief and practice, it amounts to toll-gating access

to freedom of religion.

Freedom of Speech Freedom of religion is akin to freedom of speech. Expression of religious beliefs is a kind of speech. Section 38 of the Nigerian Constitution guarantees every person “the freedom of expression, including freedom to hold opinions and to receive ad impart ideas and information without interference”. It is not acceptable to constrain or hinder exercise of speech except there is an overwhelming threat to other rights.

And when such a threat exists the government usually resorts to criminal laws that address secular criminal offences like defamation, riot or criminal assault. The government does not address such a threat by proscribing free speech. If there are instances of violence arising from inciting preaching the government could criminalise incitement to violence through religious preaching and other forms of speech.

Enough laws exist on the statute books to deal with this. And the new administration with its developmental zeal could prosecute inciters. If

new and more effective laws are needed they can enact such laws in line with the principle of generality, secularity and proportionality.

Inhibiting religious preaching in the manner that the law proposes contradicts freedom of speech and expression.

Conclusion Basically, there is no reason to enact the proposed Kaduna State Religious Preaching Law. It does not address any significant threat that cannot be addressed utilising laws that pursue secular aims like the penal code. In fact, ironically, if the Kaduna government is anxious about the security situation, then the law has not addressed it. That law misses the point on this score. Apart from illegally restricting the playing of religious cassettes and CDs it does not advance security and peace in Kaduna State.

But it shreds freedom of religion and unwittingly creates a nursery bed for religious crisis.

The law should be pulled off the table.

Dr. Sam Amadi is a lawyer and policy and development strategist

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19.04.2016

The Dispute Resolution Process Between Foreign-Owned Oil Companies and Developing Oil Producing Countries Olawale Akoni

T Introduction

he incidence of disputes in human endeavours is as old as human existence itself. The term “dispute” can be defined as a disagreement on a point of law or fact, a conflict of legal and/or factual views or interests between parties. It has therefore been a primary feature of any community of persons to have and maintain appropriate mechanisms for effective resolution of disputes which will inevitably arise.

As society has progressed, various methods of dispute resolution have evolved ranging from the use of brute force, war, royal or celestial authority, litigation and alternative dispute resolution (ADR) schemes.

Since the discovery of oil in commercial quantities at Oloibiri in present-day Bayelsa State (formerly part of Rivers State), this natural resource has become the main sustenance of Nigeria’s economy. The task of successive governments of the Federation has been to develop laws and policies to harness this valuable resource to stimulate and indeed accelerate the overall economic development of the nation. However, the need for sufficient expertise, technology and capital has continued to necessitate the involvement and participation of foreign-owned oil companies in the exploitation of Nigeria’s petroleum resources. According to M. M. Olisa, The lack of sufficient expertise, technology and capital on the part of Nigerian citizens, which may result in foreign economic domination, is undoubtedly one of the reasons for the establishment of petroleum joint venture operations between the Federal Government and later, Nigeria’s national oil entity and foreign-owned oil producing companies in Nigeria.

As with other countries that are largely dependent on oil revenue resulting from foreign investment and expertise, the principal challenge of policy-makers is to strike a mutually-acceptable balance between foreign exploitation and national interest. In the quest to achieve this balance, there are bound to be disputes between the regulating government and the operating oil companies. The focus of this presentation is the appraisal of the various legal options available for the resolution of such disputes.

The petroleum industry in Nigeria Nigerian legislation on petroleum had existed for a few years before exploration actually commenced.

The first legislation was the Petroleum Ordinance of 1889 and subsequently, the Mineral Regulation (Oil) Ordinance of 1907. While the 1907 law stipulated that only British subjects or companies controlled

by British subjects would be eligible to explore for oil resources, the first company to ever carry out exploration (albeit unsuccessfully)) in Nigeria was a German entity, the Nigerian Bitumen Corporation which carried out exploration activities in 1908 around Araromi area in Western Nigeria. These pioneering efforts ended abruptly with the outbreak of the First World War in 1914.

In 1938, an oil exploration licence covering the entire mainland of Nigeria (about 375,000 square miles) was issued to Shell D’Arcy Petroleum Development Company (now Shell Petroleum Development Company of Nigeria Ltd). Shell’s activities were also interrupted by the Second World War but they resumed operations in 1947 after the War. After about half a century of concerted exploration efforts and an investment of over N30 million, commercial discovery of oil was eventually achieved by Shell sometime in 1956 at Oloibiri in present-day Bayelsa State.

In 1958, Nigeria joined the ranks of oil producers when its first oil field came on stream with output of 5,100 bpd. Shell enjoyed its sole concessionary right until 1959 when the right was reviewed and various rights were extended to other companies such as Mobil, Agip, Gulf, etc. Nevertheless, Shell remains the largest producer of Nigerian petroleum.

In 1969, the Petroleum Act was enacted to repeal and replace the previous legislations and set the foundation for the regulation of the petroleum industry in Nigeria. Shortly after the enactment

of the Petroleum Act, the Nigerian National Oil Corporation (NNOC) was formed in April 1971 and Nigeria joined the Organisation of Petroleum Exporting Countries (OPEC) in July 1971.

Nigeria’s membership of OPEC further necessitated Government’s participation in the petroleum industry and in 1977 the Nigerian National Petroleum Corporation (NNPC) was created under the Nigerian National Petroleum Corporation Act from the merger between NNOC and the Federal Ministry of Mines and Power. Since its creation, the NNPC (through its subsidiaries) has been the Government’s vehicle for participation in the industry and also for regulation of the activities of other participants in the industry. Nigeria is currently regarded as the sixth largest producer of oil in the world with proven reserves in excess of 21 billion barrels.

Petroleum production and export play a dominant role in Nigeria’s economy and account for about 90% of the country’s gross earnings. This dominant role has since relegated agriculture, the traditional mainstay of the economy in the fifties and sixties, to the background.

Legal framework for the petroleum industry in Nigeria The petroleum industry in Nigeria is governed by various statutes and regulations, which regulate petroleum operations at various levels. An elaborate examination and analysis of these statutes and regulations is not the focus of this presentation but it is important to emphasise that the fundamental underlying principle of these statutes and regulations is the State ownership and control of petroleum resources. In this regard, section 44(3) of the 1999 Constitution states inter alia that “…the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.”

Perhaps the most important piece of legislation in the petroleum industry is the Petroleum Act 1969. The Act vests ownership and control of all petroleum resources in the State and empowers the Minister of Petroleum to grant various licences and leases relating to exploration, prospecting, mining, refining, transportation and distribution of petroleum products. Several regulations have been made under the Petroleum Act including the Petroleum Regulations and the Petroleum (Drilling and Production) Regulations.

Other laws which regulate various aspects of the petroleum industry in Nigeria include the Oil Pipelines Act, Petroleum Profits Tax Act, Oil Terminal Dues Act, Oil in Navigable Waters Act, Nigerian Oil and Gas Industry Content Development Act and the National Oil Spill Detection and Regulatory Agency (Establishment) Act. Options for dispute resolution in the petroleum industry There are no industry-specific dispute resolution mechanisms peculiar to the petroleum industry. The same range of options available in other areas of endeavour is applicable to the petroleum industry.

The prevailing alternative dispute resolution (ADR) drive has resulted in the development of several ‘hybrid’ ADR options such as Neutral Evaluation, Mini-Trial, Med-Arb and Expert Determination.

However, for the purpose of this presentation, I would restrict myself to the conventional options which, in my view, adequately cover the aforementioned ‘hybrid’ innovations. These are: Negotiation This may be formal or informal and generally entails discussions by parties either personally or through representatives. Amicable negotiations are often attempted before recourse is made to full-blown adversarial processes such as arbitration or litigation. This is usually advisable in order to maintain the working relationship between the parties.

Mediation/Conciliation This involves formal dialogue between the parties under the supervision of a neutral third party without any scope for an imposed outcome. In other words, the third party is expected to use his skills to assist the parties to arrive at a negotiated

settlement without making or imposing any decisions on the parties.

Arbitration This involves a referral of the dispute to a neutral third party (or parties) authorised by the parties to make a binding determination based on the parties’ selected arbitration rules/ law. The arbitrator(s) are usually appointed by the parties or by a mutually-agreed independent appointing authority such as the court or an arbitration organisation.

Litigation This also involves submission of the dispute to the regular courts of law having jurisdiction over the subject-matter of the dispute. As with arbitration, the decisions of court are also binding on the parties subject to the applicable appellate procedure.

Disputes between foreign-owned oil companies and the Nigerian Government As indicated earlier, there are bound to be disputes between operators in the petroleum industry on one hand and the Government in its regulatory capacity on the other hand. Such disputes become even more inevitable when it is considered that these operators (mainly foreignowned companies or better known as “IOCs”) are primarily (and understandably) profit-oriented while the Government ideally seeks to protect national interest.

There are diverse areas of disputes between the Government and foreign-owned oil companies.

These areas may be loosely categorised under production or operational disputes, revenue (tax) disputes and environmental disputes.

Production or Operational disputes These are disputes arising from the operations of the foreign-owned companies under the various licences, leases and contracts envisaged under the applicable laws. In view of the arbitration clause(s) inserted in most of these licences, leases and contracts, most disputes arising from such transactions are usually settled by arbitration with little or no reference to the regular courts established under the Constitution. In this regard, section 42 of the First Schedule to the Petroleum Act provides that: If any question or dispute arises in connection with any licence or lease to which this Schedule applies between the Minister and the licensee or lessee (including a question or dispute as to the payment of any fee, rent or royalty), the question or dispute shall be settled by arbitration unless it relates to a matter expressly excluded from arbitration or expressed to be at the discretion of the Minister.

In practice, most transactions in the petroleum industry are intrinsically international and this usually lends credence to the need to have disputes arising from such transactions resolved by submission to international arbitration organisations.

Indeed, there are a good number of recognised international arbitration organisations, each with their own peculiar set of rules such as the UNCITRAL Rules, the London Court of International Arbitration Rules (LCIA), the International Chamber of Commerce Rules (ICC)) and the rules of the International Centre for Settlement of Investment Disputes (ICSID).

Revenue (tax) disputes These are disputes relating to the domestic tax obligations of the foreign-owned companies. In view of the exclusive jurisdiction vested in the Federal High Court under section 251(1)(a) of the Constitution, there is considerable doubt as to whether such disputes can be validly submitted to arbitration since they relate to the revenue of

the Government of the Federation. This is one of the issues before the FEDERAL INLAND REVENUE SERVICE v STATOIL & ANOR which is yet to be determined.

Environmental Disputes These are disputes that may arise between the companies and the appropriate regulatory agencies with regard to environmental pollution and degradation attributable to operations or negligence of the companies. A significant legislative intervention in this regard is the National Oil Spill Detection and Response Agency (Establishment) Act 2006.

The said Act establishes the National Oil Spill Detection and Response Agency (NOSDRA), which is responsible for ensuring compliance with all existing environmental legislation and the detection of oil spills in the petroleum sector. The Act and Regulations thereunder contain guidelines for the clean-up of any environment impacted by an oil spill as well as the assessment and payment of compensation for damages occasioned by such spill.

It is reasonably anticipated that disputes arising between operators and NOSDRA would either be amicably resolved or submitted to the Federal High Court for determination.

Possible reasons for aversion to litigation Without doubt, the general preference in the industry is to avoid litigation as much as possible in the resolution of disputes between operators and regulatory authorities. This explains the manifest dearth of case law on policy, technical and operational issues relating to the petroleum industry. Indeed, the tendency is for such issues to be resolved by submission to domestic or international arbitration without any recourse to the regular courts established by Nigerian law.

Several arguments can be advanced for this deliberate avoidance of litigation in the petroleum industry. These arguments include: Delay Time is a very important factor for commercial players and litigation in developing countries, including Nigeria, is a very slow process. This situation is substantially occasioned by the extant legal system in Nigeria including the largely unlimited right of appeal which creates ample room for devastating delays in the conclusion of cases. The petroleum industry involves monumental investments and any hindrance of production on account of delay in the judicial process often leads to very substantial losses.

Undue adherence to technicalities Closely related to the issue of delay is the predominance of procedural technicalities in litigation.

Several issues of huge commercial significance have been left unresolved on account of technical points such as proper signing of court processes, payment of adequate filing fees, admissibility of documents, etc.

Technical limitations It is also generally perceived that the regular court system has no technical capacity to appreciate and adjudicate over the considerably technical concepts and arrangements which characterise the petroleum industry. Practitioners in this field usually undergo in-depth post-graduate training and are therefore unwilling to submit disputes to regular Judges with little or no expertise or exposure in the field. There is a tendency for disputing parties to opt for internationally-renowned experts to act as arbitrators over their disputes.

Absence of confidentiality The details and intricacies of transactions in the petroleum industry are usually highly confidential.

CONTINUED ON PAGE 13

19.04.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR The Lawyer, Engineer and Doctor

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, Your kind assistance would be most appreciated. I have been separated from my husband for over seven years, after a turbulent five year marriage. But our children have been staying with me since our separation.

Due to his anxiousness to get married soon, he filed for divorce and the court granted me custody of the children.

When the upkeep of the children was getting too difficult for me to handle, the court ordered that he pays monthly child-support and maintenance to enable me cater for the children.

Considering his fairly high income, I considered N28, 000 highly inadequate, he managed to pay for 11 eleven months and he visited the children at least once a month.

For three years now, he has not sent any money contrary to what he agreed before the court and he only visits the children in school.

Now, I have lost my job and I invested all my money into a small business I am trying to nurture. I went looking for him and discovered that he is now fully settled with another woman and has completely forgotten about the need to support me with the upkeep of the children.

I approached his brother and another member of his family. They promised to talk to him, but it has been over five months now and nothing has happened. What should I do? I bear the financial burden of taking care of

these children, including their education and medical bills.

Lady K, Abuja.

Dear Lady K., One can only imagine how many women go through similar situations like this. This happens because most people are quite ignorant about their rights.

Although you did not state whether the divorce proceeding is still ongoing and whether you retained the services of a lawyer in the case. I am sure a lawyer would have taken the necessary steps to deal with this problem accordingly.

However, I need to point out here that since the court had made an order for payment of maintenance or costs in respect of the children, you can effectively enforce this against your ex-husband.

Section 88(1) of the Matrimonial Causes Act, Cap 17, Laws of the Federation of Nigeria adequately provides for this. It states ‘Subject to the rules of court, a court having jurisdiction under this Act may enforce by attachment or other process an order made by it under this Act for payment of maintenance or costs or in respect of the custody of, or access to, children.’ In my view you will need the services of a lawyer for this.

A Lawyer, an Engineer and a Doctor boarded a plane.

As the plane was flying over the sea, the devil came out and said to them: "I want you to drop something into the sea, if I find it you die, but if I don't, you live".

The Engineer quickly threw a tool box into the sea, the devil dived into the sea and came up with the Toolbox. ''see!'' he said and killed the Engineer. The Doctor threw a stethoscope into the sea, the devil dived and came out with the stethoscope. ''See!'' he said and killed the Doctor.

The Lawyer brought out a glass of water, and poured the contents into the sea holding back the glass. He said to the devil ''find water inside water...''

The Mafia Godfather and his Bookkeeper

A Mafia Godfather finds out that his bookkeeper, Guido, has cheated him out of $10,000,000. His bookkeeper is deaf. That was the reason he got the job in the first place. It was assumed that Guido would hear nothing so he would never have to testify in court. When the Godfather goes to confront Guido about his missing $10 million, he takes along his lawyer who knows sign language.

The Godfather tells the lawyer, "Ask him where the money is!"

The lawyer, using sign language, asks Guido, Where's the money?

Guido signs back, "I don't know what you are talking about."

The lawyer tells the Godfather, "He says he doesn't know what you're talking about."

The Godfather pulls out a pistol, puts it to Guido's head and says, "Ask him again or I'll kill him!"

The lawyer signs to Guido, "He'll kill you if you don't tell him."

Guido trembles and signs, "OK! You win! The money is in a brown briefcase, buried behind the shed at my cousin Bruno's house."

The Godfather asks the lawyer, "What did he say?"

The lawyer replies, "He says you don't have the guts to pull the trigger!"

THE DISPUTE RESOLUTION PROCESS BETWEEN FOREIGN-OWNED OIL COMPANIES AND DEVELOPING OIL PRODUCING COUNTRIES It is therefore regarded as counter-productive to compromise this confidentiality by submitting disputes to public courts which easily expose confidential documents and information to the general public.

Cost Litigation is also widely perceived as more expensive than ADR processes. This notion is largely informed by the appellate framework which allows final and interlocutory appeals from the court of first instance to an intermediate Court of Appeal and a further appeal to the Supreme Court.

Neutrality concerns There is considerable concern that in the determination of disputes between foreign-owned oil companies and Government agencies, Judges are likely to slightly lean in favour of protecting national interest rather than the commercial objectives of the IOC. In other words, it is perceived that there is a real risk that cases may be determined based on patriotic sentiments rather than actual merits.

Arguments in favour of Litigation Without undermining the merits in the above arguments against litigation, there are equally cogent reasons for submitting petroleum industry disputes to litigation. These reasons include: Inadequacy of ADR Processes As indicated above, not all disputes are suitable for arbitration.

In STATOIL & ANOR v FIRS & Anor (2014) LPELR 23144, a dispute arising under a Production Sharing Contract (PSC) between Statoil and NNPC was submitted to arbitration. The dispute involved Statoil’s allegation that NNPC had not properly computed Statoil’s tax obligations arising under the PSC. In this regard, the FIRS took out a Summons at the Federal High Court to challenge the competence of the arbitral tribunal to resolve the dispute. Statoil challenged the locus of the FIRS in view of the latter’s status as a stranger to the arbitration agreement but the Federal High Court held that FIRS has the requisite locus since the revenue of the Government is involved. The decision of the Federal High Court was affirmed by the Court of Appeal.

Inevitability of litigation Under extant laws, arbitration awards are ‘practically’ unenforceable without an enforcement order of court and there is also ample scope within the law to either resist enforcement or move the court to set aside the award. This is a very frustrating aspect of arbitration which has led to several long-drawn commercial disputes which were purportedly resolved by arbitration several years ago but have nevertheless remained in court till date.

Certainty There is a considerable advantage of certainty in litigation. This is because there are established procedures which are intended to ensure fair hearing and adherence to judicial precedents.

CONTINUED FROM PAGE 12

Development of the law There is no gainsaying the fact that entire petroleum industry is largely dominated by statute. However, most of these statutes, particularly the Petroleum Act, have been in existence for over half a century with little or no amendments or improvements.

This is hardly surprising since most of the provisions of these statutes have not been tested in active litigation. This incessant recourse to alternative dispute resolution has effectively impeded the growth and development of petroleum law in Nigeria. By its very nature, arbitration awards issued at the conclusion of arbitration between Government and foreign-owned oil companies remain confidential and are therefore not useful in articulating areas of reform for the legislature.

Capacity building Submission of petroleum industry disputes to regular courts would also help in building the technical capacity of Judges and the legal practitioners who are involved in such cases. This would ultimately result in the development of the law as such Judges and practitioners would be constrained to conduct thorough and extensive research into the relevant issues.

Sovereignty To the extent that ownership of petroleum resources within Nigeria is vested in the State, it is only logical that disputes concerning the exploration and exploitation of such State-owned resources should be determined by the national courts and not some privately-constituted tribunal. In this regard, it would be recalled that companies participating in the Nigerian petroleum industry are registered at the corporate affairs commission and are therefore, in a strict sense, corporate citizens of Nigeria.

Cost The general notion that litigation is more expensive than ADR processes is quite misleading. Most arbitration in the petroleum industry involves the appointment of foreign experts as arbitrators and these experts charge astronomical fees. Considerable expenses are also incurred in engaging counsel and funding other logistics such as travel and accommodation especially where the seat of arbitration is outside Nigeria. Ultimately, domestic litigation may be substantially cheaper than ADR.

associated with litigation: Capacity building for Judges The concerns raised about technical competence of the regular courts to adjudicate over petroleum industry disputes are best addressed by strategic training and development of Judges. If the capacity of Judges is developed in this way, the Judiciary may eventually consider having specialised divisions with peculiar rules and procedures to deal with the various complexities and concerns associated with petroleum industry disputes. This is a common practice in the UK Judiciary where the High Court has been split into various specialised divisions to deal with diverse industry demands.

Shun technicalities There is a crucial need to actually move away from all forms of technicalities which hinder the consideration and determination of substantive issues. The legal circle has been deprived of several landmark pronouncements on substantive legal issues due to various technical points. It is important that litigants who make recourse to the court system are not left frustrated at the end of the day without any definite pronouncement on their substantive rights and obligations.

Efficient Case management at all levels Most of the problems of delay in the determination of cases and appeals are due to inadequate and inefficient case management practices. There is a need to review the relevant rules to ensure that trials and hearings are carried out, in each case, on a day-to-day basis to enable the Judge and the counsel to devote adequate attention to the matter without the avoidable lapses occasioned by the prevailing piecemeal approach.

Court-assisted ADR The establishment of Multi-Door Court houses by some State High Courts especially the Lagos State Judiciary has significantly improved the dispute resolution process in such States. However, disputes within the petroleum industry are constitutionally within the exclusive jurisdiction of the Federal High Court and there is a need for that court to establish its own multi-door courthouse to encourage the resolution of petroleum industry disputes in a manner which is commercially expedient and at the same time, sanctioned by the coercive power of the court.

Recommendations A close scrutiny of the above justifications for avoiding litigation reveals that the complaints are by no means peculiar to disputes arising in the petroleum industry. In other words, the issues are more general than specific, which means the issues can be holistically addressed and surmounted through appropriate reforms. If the problems associated with litigation are adequately addressed, parties may be more inclined to submit their disputes to litigation.

The following are suggested ways of addressing the concerns

Conclusion In the final analysis, the courts remain the best avenue for effective dispute resolution. It is therefore important for adequate attention to be devoted to ensure that the justice delivery system is constantly updated to meet contemporary commercial expectations.

Being a paper presented by Olawale Akoni, SAN at the 2nd National Workshop for Judicial Officers on the Nigerian Energy/Power Sector organised by the National Judicial Institute in collaboration with IIPELP on Tuesday, 5th April 2016.

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19.04.2016

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Dissenting Decisions and Future Relevance (Part II)

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art 1 of this Article considered an overview of the subject matter and arguments for the possible use of dissenting decisions beginning with the “best fit” standpoint. This part of the article will consider other perspectives (such as issue reframing and best practical outcomes) earlier stated for the use of dissenting decisions and their potency in future cases.

which, if correct, would preclude the Supreme Court from intervening. The power of reframing therefore lies in its provision of a different account of the issue before the court. Of course, legal reasoning in countries without a federal system (such as the UK) is not amendable to reframing so as to turn the dispute into one about the right balance between state and federal power.

Nonetheless, arguing in terms of reframing is possible in those jurisdictions, too; concepts like Federal and State just need to be replaced with other legal content.

Issues Reframing Apart from the “best fit” approach, there are other arguments in support of the use of dissenting decisions as a way of persuading a court that the dissent should be adopted as law. One of such arguments includes the “proper framing” of legal issues. Dissenting reasons can be adopted as law where the account of legal issues are different – and in future cases, more relevant or appealing – than the majority’s account. It is inevitable that this kind of dissent exist, because perceptions of the material facts (and law) can differ subtly but crucially between judges both at the trial court and appellate courts alike. These differences translate into differing descriptions of legal tests and the rationale behind them. The dissenting description then leaves available alternative ways of looking at a particular legal issue so that in a future case they may be deployed as a different way of deciding the case. Notably, the American legal realists have long recognised this technique, with accounts of ‘rule-skepticism’.

This applies all the more forcefully with respect to past dissenting propositions, because the past dissent is a ready-made reclassification, a different way of looking at things, waiting for counsel to pick up and argue from.

In the United States, and indeed in any federal nation, it has been shown that reframing facts and arguments in terms of the balance of state and federal power is a common way in which dissent becomes the law. A good illustration is the decision in VANESSA BAIRD v TONJA JACOBI (2009) 59 Duke LJ 183 at 189. US Supreme Court, wherein a Senator in his will, donated land to the State of Georgia to be used as a park for white people only. When challenged in the United States Supreme Court, the majority held that the case was about racial discrimination and was therefore within the court’s ambit. The minority reframed it as a case about states’ powers to enforce wills and trust

In Nigeria, the Supreme Court decision in OGUEBEGO v PDP (2016) 4 NWLR pt 1503 received a favourable verdict due to reframing of the issues and the reliefs sought by the appellants.

Though there was no dissent from the lower court’s decision, but some pronouncements in the passing by the unanimous decision perhaps informed the appellant to reframe their issues, which then attracted a favourable verdict. Also the case of MARWA v NYAKO (2012) 6 NWLR (pt 1296) 199, the decision of the Nigerian Supreme Court which decided the computation of tenure of state governors (pursuant to Section 180(2) of the Constitution) whose elections have been nullified and were subsequently returned in the re-run election. . The trial Court’s decision by Adamu Bello J. (Retired) of the Federal High Court sitting in Abuja agreed with the plaintiff and stated in passing that this case brought forth by the plaintiff was not a case of tenure elongation but tenure completion. However, on getting to the Supreme Court the issues were varied by the appellant within the context of the same judgment of the lower court as to whether or not those governors under reference could stay in office more that the constitutionally prescribed four year term under any guise.

Interestingly, the Apex Court found in favour of the appellant and upturned the concurrent finding of the two lower courts after acceding to a clever tweaking of the issues for determination.

Although this technique is rarely used outside Federal legal systems, the US cases show its potential as a powerful, legitimate form of legal reasoning. Legal reframing takes advantage of the fact that the legal landscape, which is to be mapped, is always flooded with new material to be digested and new problems to be solved.

The only challenge is that issues cannot be reframed outside the records of proceedings.

Best Practical Outcomes

In determining tricky legal questions, where logic leads down a path beset with practical difficulties, the courts have not been frightened to seek the pragmatic solution. Therefore arguments for the use of dissent must address the consequences of adopting the dissent, in practical terms. The dissent will more likely be adopted where the court accepts that it will result in better practical outcomes for the parties or the community at large. See the dissent of Katsina Alu JSC (retired) in MOBIL PROD (NIG) UNLTD v MONOKPO (2003) 18 NWLR pt 852 which now represents the law in several cases before the Superior Courts because it holds the most practical situation in recent circumstances.

Another good example is the New Zealand case of WILSON v WHITE (2005) 3 NZLR 619, where the court of appeal considered the scope of the evidential “limited use rule’. One legal outcome open to the court was that an undertaking as to the limited use of evidence discovered in litigation applied unless the court discharged or modified that undertaking. The Court in WILSON v WHITE (Supra) rejected this approach, however, in favour of the dissenting view in the English decision, this being that the undertaking lapses once the information has been put in evidence. A major reason for favouring the dissent was the better practical outcome flowing from its account. The court was persuaded that it would mean information surfacing during litigation would be treated consistently in each case. This was contrasted against the consequences of adopting the Lords’ Majority position, which was said to depend on accidents as to the way in which documents are referred to in open court. The court also accepted it was important that the dissenting view was already the prevailing view (and indeed practice) in the legal profession in New Zealand. Conceivably, arguing that a dissent represents the better practical outcome is best done in combination with other arguments, such as those from the best fit or reframing.

Its complementary role does not, however diminish the power of practical arguments in persuading a court to adopt a dissent. Courts will always be attracted to practical reasoning and it is all the more persuasive when it comes from a past (dissenting) judgment rather than counsel’s own musings.

Considerations for Use of a Dissent Firstly, before citing a dissenting decision to the court in a bid to sway them to adopt the dissent, it is worth considering whether

the judge dissented alone or with others. The relevance of doing so has been explained in terms both boldly rhetorical and meticulously empirical. In the former, a major proponent is late Justice Antonin Scalia of the US Supreme Court, extra-judicially declaring that the dissent most likely to be rewarded with later vindication is, of course, a dissent that is joined by three other Justices. Empirical studies make the same point, and are most commonly backed by statistics from US appeal Courts. It therefore pays to double check whether the dissent that a lawyer seeks to rely on as law was a close call in its original context.

Secondly, is the dissenter(s) still on the bench?

This is an important consideration because, at first glance, if the dissenter is on the bench the second time round, it looks as if the lawyer advancing the argument is more likely to have at least one sympathetic vote. On the other hand, it has been suggested that judges have not infrequently sublimated their judicial egos, suppressed their individual voices, and voted against themselves, in the name of upholding the rule of law and in deference to the doctrine of precedent. The reason in the writer’s opinion is not far-fetched, the fact that nearly every common law judge began as an advocate, trained to push one side of an argument, we can see why they might be reluctant to abandon their own position and overrule themselves.

Lastly, the lawyer using a dissent should consider whether the justices making up the majority in the original case are still on the bench when the dissent is reconsidered. If they are, the dissenting reasoning is of course unlikely to be adopted. This is due to the simple fact that majority judges, like dissenting ones do not seem to enjoy overruling themselves their own perspective. If the judges comprising the majority are set to hear the case in which counsel wishes to advance the dissenting view, he may simply have to wait until that majority is absent. After all, as Justice Dyson Heydon aptly puts it “ the absent are always wrong, timing is important.

Conclusion Dissent and assent, minority and majority are concepts that only make sense in a relational way. And, over time, there can be a shifting sea of majority and minority voting blocs’ contributing to whether any opinion is in dissent. In the same way, the wider context –the human element-contributes to whether a dissent is adoptable at a future time.

“Putting Our House in Order”– Re-Organisation of NNPC Ola Alokolaro

T

he GMD of NNPC and Minister of State for Petroleum Dr. Ibe Kachikwu recently announced that the state oil company -the Nigerian National Petroleum Corporation (“NNPC”) is to be restructured into units to include upstream, downstream, refineries, gas and power, ventures, finance and corporate services. Five of these seven units are to be profit oriented whilst two are to focus on service delivery.

The raison d’être for the restructuring is premised on the renowned inefficiency of the National Oil Company and its use as a vehicle for corruption by past administrations. The restructuring is seen as the commencement of the long awaited reform in the oil and gas sector which hopefully, will lead to the eventual unbundling and sale of segments

of the oil and gas value chain.

Whilst the aim of the restructuring is indeed laudable, there is perhaps some need for caution. This need is borne out of the predicament Petrobras, the Brazilian state oil company presently finds itself. It would be recalled that Petrobras’s monopoly status was broken in 1997 with the part sale of shares in the company to the public, though the government remained a majority shareholder with 64% shareholding. The restructuring of Petrobras was initially hailed as a success but has in recent times come under scrutiny.

Apart from the corruption scandal presently engulfing the company, it is chronically in debt and with the current decline in oil prices, it is struggling to service its debts.

The majority view is that Petrobras finds itself in this quagmire as a result of its over optimistic planning, persistent political interference, impunity and greed of its officers; and consequently finds itself contemplating the

unbundling and spinning off of companies within its value chain. The divestment if approved, would see the introduction of value chain specialists in Petrobras’s non-core businesses such gas transportation and distribution, effectively opening up the multi-billion dollar gas & power industry in Brazil.

Given Petrobras’s experience above and the possibility of continued government interference in the affairs of NNPC, it may be prudent once the enabling law (Petroleum Industry Bill) is passed, to immediately unbundle NNPC and hive off its none core businesses particularly gas transportation and distribution, given the lack of critical gas to power infrastructure in Nigeria. The benefits of this process would be multiple. Firstly, there is the possibility of attracting private investors to the gas subsector with the necessary funds required for the development of the much needed gas to power infrastructure; secondly, the diversification of the economy being sought by the Federal

Government would be achieved far more rapidly than is presently being realised through the creation of vibrant agriculture and solid minerals sectors. A robust private sector led gas market would see to the creation of gas hubs across the country as contemplated under the Nigerian Gas Master Plan. This would drive the growth of petrochemical plants for the production of fertilizers as well as ammonia which would help accelerate agricultural growth and create an efficient electricity market,that in turn would help with industrial growth.

The passage of the Petroleum Industry Bill in whatever name, is central to attaining the unbundling and sale of the gas assets of NNPC. It is imperative that the Government sensitises the National Assembly and the populace on the gains of the early passage of the Bill.

Ola Alokolaro is a Partner at Advocaat Law Practice.

19.04.2016

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THE TRANSACTION GREG NWAKOGO

greg@rosberglegal.com

Taking the Clogs off the Wheels of Transactions

D

Preamble

oing business in Nigeria is by no means easy and this to a large extent stems from its regulatory approach. This piece attempts a cursory look at the activities of regulatory agencies in Nigeria and how they impact commercial transactions.

Intellectual papers focusing on the effect of business regulations on economic growth abound. Many of the studies reveal a strong correlation between regulation indices and economic growth. They find that even Foreign Direct Investment (FDI) does not spur growth in economies with excessive business and labour regulations. Further, they find that economies having less onerous business regulations grow faster. See S. Djankov, C. McLiesh, R. Ramalhom, Regulation and Growth Economics Letters (2006), p. 92. More recently key empirical studies find that business regulatory reforms are good for economic growth. See J.I. Haidar, The impact of business regulatory reforms on economic growth, Journal of The Japanese and International Economies, 26 (2012), pp. 285–307. The author of the referenced paper postulates that each business regulatory reform is associated with a 0.15% increase in growth rate of GDP. Further, that reforms which improved business and investment climate, may have helped to mitigate the effects of the 2008 global slump in economic growth and those countries with more business regulatory reforms enjoyed higher economic growth rates.

In the current global economic climate, growth remains a key government priority and the World Bank has published series of annual Doing Business reports since 2004 investigating regulations that enhance business activities and those that constrain same. It is here noted that the relative importance of the World Bank Business regulatory indicators (See World Bank Doing Business Database, available online at http://www.doingbusiness.org.) are not in dispute as they help governments gauge the strength of their regulatory regime through country benchmarking. They provide an impetus for the formulation of reforms that will be of utmost benefit to the ranking as the indicators are backed by extensive description of regulations.

It is worthy of note that regulation in itself is good as it provides supervisory and oversight functions for the benefit of the public at large.

The justification for regulatory and oversight functions over transactions is hinged on the complexity of certain areas of human endeavour and business, therefore requiring expertise attention while rapidly implementing public authority in those sectors and doing so without political interference. Regulators therefore are empowered by statutes to perform administrative roles whilst they are themselves guided by legislation. In performing their functions, regulators will use methods such as transparency of information and decision making, procedures for consultation and participation and give reasons for their actions.

They are not to follow principles that promote arbitrariness and there are also arrangements for the review of their administrative decisions by courts or other tribunals. A more plausible explanation is that business regulations may have positive effect on growth by removing certain market failures and improving economic efficiency.

Business regulations could also have undesirable effects on economic growth by generating significant costs and objectionable distortions.

Ultimately the impact of business regulations on growth would depend on which effect is larger. It has been postulated that economic policymakers can reduce business costs and risk and increase competitive pressure by improving administration and fiscal policies amongst other

things. See Boudhiaf Messaoud, Zribi El Ghak Teheni, Business regulations and economic growth: What can be explained? International Strategic Management Review 2 (2014) p.77 (available online at http://www.sciencedirect. com/science/article/pii/S2306774814000039#) The crux of the matter In the course of writing this piece I administered a survey on selected transactional lawyers to find out what their experiences have been with respect to ease of transactions and the feedback points to the fact that in Nigeria, regulations and regulatory agencies seem to be stifling transactions due to onerous business regulations characterised by bureaucracy, inefficiency, and graft amongst other things.

The role of lawyers advising on and facilitating transactions has indeed become wearisome due to regulatory bottlenecks. Consequently lawyers sometimes appear incompetent before their clients for not getting things done as fast as they should because of the inefficiencies of regulatory bodies that they have to deal with.

Some of the practical challenges faced by lawyers include the absence of some regulatory agencies charged with the responsibility of regulating certain commercial activities in the cities where they practice; and sometimes when they have presence in such cities, certain transactions can only be finalised in Abuja, FCT. It is disheartening to know that some regulators do not have functional offices in Lagos and so transactions that emanate from Lagos would need to have recourse to offices in Abuja for conclusion. This is disturbing because Lagos is a major financial centre not only in Nigeria but in Africa. The mega city is said to have the highest GDP and also houses one of the largest and busiest ports on the continent. It is indeed safe to say that it is the economic nerve centre of Nigeria. It is disconcerting therefore, that Lawyers in Lagos for instance would have to instruct other lawyers or sometimes non lawyers in Abuja to transact or interface with a regulator on their behalf. The result of these sorts of arrangements is shoddy services except the lawyer has to travel to engage the regulators thereby impacting on cost of transactions. In some cases the regulators’ offices in the region only act as receiving agents for transactions or enquiries, thus the lawyer is better off dealing directly with the offices at the centre (Abuja) and this also impacts on cost.

Also there have been instances where lawyers who are supposed to be dealing directly with a regulatory body are constrained to contract an official of that body because such persons have their way around issues that cause delays. The lawyer therefore is compelled to make use of such officials in order to conclude transactions within reasonable timelines. The whole arrangement is so exasperating but I am constrained to not be specific with the identities of such regulatory agencies that for the smallest bit of transaction one has to deal with the Headquarters in Abuja, if you want to get any meaningful response.

Further, graft has been somewhat legalised in these agencies such that lawyers have found a way to accommodate these by making provision for what is now termed as ‘facilitation fee’ in fee notes. In practical terms, facilitation fee is more often than not, bribe money, but this is what lawyers have to put up with if transactions must make headway.

As noted earlier the relative significance of the World Bank Business regulatory indicators are not in dispute as they help governments gauge the strength of their regulatory regime through country benchmarking. It remains unfortunate that we are constantly rated poorly and this buttresses the experiences of transactional lawyers as have been described above. In the World Bank’s Ease of Doing Business index, countries are rated from 1st to 189th and Nigeria is currently rated 169th, leaving us at the bottom of the list with a few African nations having understandably harsher economic conditions like prolonged national conflicts or natural disasters. Interestingly Ghana is more highly rated than Nigeria as it is currently ranked 114th in the index.

In June 2015 at the Nigerian Bar Association’s (NBA) Section on Business Law (SBL) 2015 conference, themed “Regulators as Catalysts for Economic Growth”, related issues were discussed.

At the conference which was declared open by the Vice President, Professor Yemi Osinbajo SAN with Keynote address delivered by Dr. Ekwow Spio-Garbrah, Ghana’s Minister for Trade and Industry, it was noted that sustaining meaningful development would be difficult unless the government put in place enabling policies to attract high quality investments. Speakers blamed various regulatory bodies and institutions for Nigeria’s economic woes. They maintained that because our regulators are inconsistent, heavy handed, unfair and under capacitated we cannot attract high quality internal or foreign investment or sustain meaningful growth. Amongst the key recommendations and action points from the conference were that Government should take heed of the “Ease of Doing Business Report” of the World Bank by ascertaining the specific indicators underpinning each aspect of the rankings, identifying the global leaders in relation to each indicator and devising the means to properly and effectively replicate those success factors here. It was resolved that to foster an enabling environment for appreciable economic growth and human capacity development, the Government should ensure that its affairs are performed objectively and transparently and that there is a need for law reform particularly in the business law area to enhance competitiveness, accountability and reduction of red-tape with respect to the ease of conducting business in Nigeria; And that Nigeria should ensure that its laws and regulations align with current economic realities in order to have a conducive predicate to engage the business community, amongst other resolutions.

It is almost one year since these resolutions were made and another SBL Conference is approaching, but it would be nice to know that the communiqué and resolutions of last year’s

conference have been or are being implemented.

Who is following up on these communiqués and recommendations? It is important that we lawyers do because at the end of the day, these impact us mostly as practitioners in this sphere in addition to its general impact on the economy.

The benefits of business-friendly regulations are well established in economic literature. Reforms simplifying business registration result in increased business formations. Burdensome and badly functioning business regulation undermines entrepreneurship and economic performance.

Lofty as online and electronic services are, they remain luxurious services to expect from our regulatory agencies, at least for now. Practitioners would be most obliged to have effective and efficient offices at the regions and this will be an excellent place to start the much needed reforms.

It is here recommended that the government can work with the private sector in providing efficient regulatory services. The truth is that many of these regulatory bodies are ‘tired’. Some of the services being rendered by the agencies can and indeed should be outsourced to private entities for effective and efficient management.

Public Private Partnerships (PPPs) have worked well in other areas of the economy and it is strongly believed that this is an area where it can be of immense value and this should indeed be explored.

A discourse on taking the clogs off the wheels of transactions would be incomplete without reference to effective dispute resolution. Enforcement of contracts is a major index for measuring ease of doing business. Parties will be quick to fulfil their contractual obligations if default can be penalised expeditiously. This does not appear to be the case in Nigeria. Judicial system reforms are therefore imperative to keeping transactions clog free. There must be a resolute effort to improve our justice delivery. Further, the role of Arbitration and Alternative Dispute Resolution (ADR) in improving justice delivery cannot be overemphasised. Arbitration and ADR must be encouraged, its extant laws must be reviewed and brought to speed with global realities so that Nigeria becomes an arbitration friendly jurisdiction and investor confidence is boosted.

This must be done with proper consultation with stakeholders as there have been previous attempts at sponsoring ludicrous arbitration bills in the National Assembly which ran contrary to the tenets of arbitration but same were happily scuttled. It is hoped that a new and improved federal arbitration law will be enacted as this will enhance the free flow of trade.

Conclusion I have identified that there is a strong correlation between regulation indices and economic growth and that even FDI will not spur growth in an economy with onerous business and labour regulations. Further I identified that regulations and regulatory agencies seem to be stifling transactions in Nigeria due to onerous business regulations characterised by bureaucracy, inefficiency, and graft amongst other issues, and this has resulted in the consistent poor rating Nigeria has had in the World Bank’s Business regulatory indicators. Also identified is that business regulatory reforms are essential for economic growth and that such reforms are imperative for our economy. It is recommended that the communiqué and resolutions at the NBA Section on Business Law 2015 conference be implemented as indeed Regulators can be catalysts to economic growth. The offices of regulatory agencies in the regions should be made to be more effective especially in Lagos which is the commercial nerve centre of the economy. Government can work with the private sector in providing efficient regulatory services through PPPs which have worked in some sectors of the economy. Perhaps this option is worth exploring if the wheels of transactions would thereby become clog free.

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19.04.2016

The International Institute for Petroleum, Energy Law and Policy (IIPELP) in collaboration with the National Judicial Institute recently organised its 2nd National Energy Workshop with the theme “Emerging Legal and Policy Reforms in the Petroleum and Power Sectors of Nigeria� at the Andrew Otutu Obaseki Auditorium, National Judicial Institute, Abuja. Here are some of the distinguished members of the Bench, Bar and key stakeholders, who graced the occasion. photos: Julius Atoi

IIPELP President, Mr. Niyi Ayoola-Daniels (left) and Minister of Power, Works and Housing, Mr. Babatunde Fashola SAN

L-R: Mr. Dele Oye, Mrs. Wola Joseph-Ojoye, Mrs. May Agbamuche-Mbu and Mr. Gozie Okoye

Hon. Justice Bode Rhodes-Vivour of the Supreme Court (left) and Hon. Justice Nwali Sylvester Ngwuta of the Supreme Court

Hon. Justice Walter Samuel Nkanu Onnoghen of the Supreme Court, representing the Chief Justice of Nigeria (left) and the Administrator of the National Judicial Institute, Hon. Justice. R.P.I. Bozimo

Mr. George Etomi (left) and Minister of Power, Works and Housing, Mr. Babatunde Fashola SAN

Chief Judge of the Federal High Court, Hon. Justice Ibrahim Auta and Bayelsa State Chief Judge, Hon. Justice Kate Abiri

Mr. Niyi Ayoola-Daniels (left) and Chief Adetokunbo Kayode SAN

Mr. Olawale Fapohunda and NBA Executive Director, Mrs. Ifueko Alufohai

Dr. I.M Okon (left) and Professor W. Iledare

Mr. Henry Chibor (left) and Mr. Esosa Omo-Usoh

Hon. Justice Taiwo Taiwo

Hon. Justice Adamu Jauro

Hon. Justice Peter Essen Affren

Tuesday April 19, 2016

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Price: N250

MISSILE NLC to National Assembly “It is quite intriguing that it took the trial of the Senate president for the Senate to discover these flaws in the law(s). Putting it bluntly, in spite of the spirited defences by the deputy Senate president to the contrary, not a few believe that this legislative move is a desperate attempt to scuttle the trial of the Senate president, Saraki, at CCT.” – The Nigerian Labour Congress (NLC) condemning the Senate over its attempt to amend the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Acts.

EHIEDUIWERIEBOR GUEST COLUMNIST

Dangote and Africa’s Renewal A

liko Dangote’s emergence as a major force in Africa’s economic transformation through his expansive investments over the past 10-15 years has necessarily generated multiple responses and have given rise to varied narratives around the person, business style, vision, motivation, strategies and his paths to stupendous business success, product ascendancy and iconic stature in contemporary Africa. The various narratives have varied but they can be roughly divided into two dominant streams that I describe as the Affirmative Africa Narrative or Paradigm and the Pathological Africa Narrative or Paradigm. In the Affirmative Africa Narrative, the accomplishments and development advances of Africa and its people since independence in the context of well-known infrastructural shortages, are studied, appreciated and lauded as important strides on the convoluted and dialectical pathways of development. This is based on the appreciation of concrete social and economic investments and their transformational outcomes, with the understanding that the remaining serious infrastructural deficits are essentially surmountable development challenges. It is premised on the assumption that Africa’s forward motion is the result of Africans self-conscious responsibility to develop itself.

On the other hand, the Pathological Africa Narrative studies, perceives, and presents Africa and Africans as a compound of irredeemable defects and deficits that inhere in the nature of Africa and Africans. In this perspective, Africa is seen essentially as frozen in developmental, moral and spiritual failure. Its infrastructural shortages, severe and minor in areas such as transport, fuel, power, water for example are presented as expressions of Africa’s arrest in a development quagmire from which Africans are inherently incapable of self-advancement without the impetus, direction, action, dogmas or agencies of external forces.

Dangote’s extraordinary business success, autonomous and self-made and especially its powerful impact on Africa’s transformation and its promotion of the renewal of Africans’ faith in self-actuated development and its general liberatory potential, powerfully and effectively challenged and undermined the pathological framework and its narrative of African incapacity. Consequently, and not surprisingly, Dangote’s “unexpected” business success has generated or more accurately revived the long-established colonialist antiAfrican narratives that began with Africans’ encounter with the West from the era of the slave trade through the age of imperialism and colonialism to the neo-colonial present - this is the Pathological Africa Narrative. In its long evolution over time, this perspective variously labelled Africa as an “uncivilised” space populated by “savages” and “natives” who lived in benighted stasis. These hapless people therefore deserve colonisation to transport them to civilisation and modernity.

In the colonial period, as part of the control mechanism, this Pathological Africa Narrative created, propagated and tried to implant a software of servility and disempowerment in which Africans were presented as lacking

Dangote the autonomous capacity for self-actuated development without the guidance, diktat, directions and agency of the new colonial masters. In short, the Pathological Africa Narrative of the slave trade and imperialism era was enlarged to incorporate a narrative of Africans’ inherent incapacity for selfpropulsion without external or exocentric foreign, preferably Western guidance, impetus, dogmas, agencies and motive-forces.

In the present post-independence, neocolonial era, this anti-African propaganda and attempt to programme and psychologically incapacitate Africans away from their responsibility for self-development has been undertaken through several tactics.

The two most prominent are first, the attempt to elevate Foreign Direct Investment (FDI) (an exocentric force) as the necessary, primary, inevitable, motive force, director and generator of African “development”.

The second aspect of the pathologisation of Africa and Africans has been the creation, invocation and propagandist deployment of a massive arsenal of accusatory, libelous and demonising claims such as bribery, corruption, illegality and dodginess as the norms of African social conduct and routine interactions. In this narrative, Africans are portrayed as naturally “corrupt” and that business transactions cannot be properly, legally, successfully and straight-forwardly done without the “bribery and corruption” of state agents (politicians, bureaucrats and technocrats) and state agencies, (ministries, departments and parastatals).

However, since corruption is a universally common occurrence and also a universally denounced social ill, the attempt to present Africa and Africans as the most “corrupt” people in the world is misleading but not accidental. In Africa, Nigeria is routinely labelled and libeled as the most corrupt country that is populated by the most “corrupt” people and most governments in the world.

This libelous denunciation of Nigerians is so sweeping that it is almost as if all children

born in Nigeria are automatically “corrupt.”

This attempt to capture and entrap Nigeria in the externally created corruption narrative has been eagerly adopted by components of Nigeria’s follower elite and intelligentsia.

Like the Nigerian leaders that they routinely and habitually denounce, these elite eagerly accept, borrow and automatically use concepts, dogmas and frameworks fabricated by their Western masters whom they consider their superiors to approach, study, perceive and describe of their societies. In their perspective, these ideologically servile elite quite lazily accept “corruption” as the single most important reason and if not the primary explanation for Nigeria’s poor development record. While “corruption” undoubtedly exists in Nigeria quite pervasively, escalates the cost of public and privates projects and distorts business interactions and transactions; to put it quite bluntly “corruption” is not responsible in any way for Nigeria’s unimpressive development record.

The primary reason for Nigeria’s poor development performance and record was its acceptance, adoption and application of the exocentric development strategy and programmes partly inherited from colonialism and partly renewed, re-enforced and sold by the multilateral imperialist agencies, World Bank and IMF, and happily accepted by Nigeria’s ideologically backward leadership. This dependent Nigerian leadership maintained and used this exocentric economic system that by its basis in the production and export of raw materials and import of manufactured consumer goods, consumer durables and technology inherently and effectively incapacitates a society’s ability for self-actuated development. With this non-developmental exocentric system in place, even if Nigeria is corruption free, or if it exists minimally and even if the country is governed by sinless and uncorrupt imams and pastors, Nigeria cannot achieve successful development.

The corruption narrative serves Nigeria’s historical dominators as a weapon to demonise, control and disorganise Nigerians and misdirect Nigeria from realising its potential as an African global power. The Nigerian follower elite as thoughtless propagators of other people’s views use it as a whip to flog Nigerian leaders as incapable and Nigerians as inherently corrupt people. For both foreign and Nigeria traducers as a site and haven of corruption, it gives them a pedestal for moral posturing and hectoring. The corruption label is also used to tar successful state and private sector investments, to hamstring such efforts and portray these investments as havens of corruption and to enclose them in a cloud of corruption and negation, and in this way attempt to diminish these Nigerian achievements. In this sense, the labelling and routine repetition and habitual reiteration of Nigeria as “corrupt” should be understood for what it is, a massive psychological warfare intended to psychologically disempower the Nigerian elite and its people and put them permanently on the defensive rather than face the challenges of societal development.

This is the context to see and understand the attempt to capture, enclose, reduce and

sully the historic significance of Dangote’s grand business success and transformational impact into a narrative of success by perversity: corruption; bribery of state leaders, friendship with politicians and senior government officials; manipulation of state policies; procurement of favoritism, illicit, special incentives and concessions. This is clearly intended to diminish and cast doubt on the sources of Dangote’s entrepreneurial success and tomorally compromise it by giving the impression that he succeeded not through self-effort but because he bribed and corrupted leaders to procure illicit favours, waivers and concessions.

However careful observations and serious analysis of the course of Dangote’s business evolution, outside the pathological Africa framework, will disclose that his great success is the outcome of a complex admixture of ancient and modern Nigerian entrepreneurial heritages that produced a unique African entrepreneur who possesses a rich mix of positive entrepreneurial traits, acumen, gifts and skills. These include determination, titanic effort, steadiness, tenacity, visionary insight, strategic moves, smart choices, business savvy, capacity for resource mobilisation, profitable investments, personal agility and the uncanny ability to identify, mobilise and recruit a strong, experienced and effective high level management cadre and committed work force. Added to the above is an overt patriotic urge to contribute to national and African development. It is the admixture of some of the above traits that made him the successful and powerful economic and social force that he has become.

In terms of the actual processes of economic development in human societies, the corruption narrative apart from its reiteration and repetition of the age-old colonialist anti-African perspectives, is essentially obscurantist and ahistorical. Historically in all processes of development – ancient and modern – the role of the state in providing direct and indirect support has been overt, decisive and central.

In modern times, both capitalist and socialist states have played deliberate and active roles in promoting the kind of development that they want their nation-states to accomplish.

The forms of state provided support have varied and include direct public financial investments in the development of catalytic infrastructural, industrial or technology sectors and industries as among socialist states and self-regarding post-independence developmental states. In the capitalist states such support for development often takes the form of tax breaks, general and special research funds; equipment and infrastructure support and sometimes direct investments funds for special national projects and the construction and equipment of specialised institutions to service the private sector; all these are provided by the capitalist states to the private firms and investors.

• Iweriebori is a professor and former Chair, Department of Africana and Puerto Rican/Latino Studies, Hunter College, City University of New York, New York The rest of the article continues on www.thisdaylive.com

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