Tuesday 26th April 2016

NNPC Offers to Pay $10bn Disputed Arrears to IOCs Experts forecast sharp drop in Nigeria's oil output Ejiofor Alike with agency report As Nigeria seeks to ramp up oil production, the Nigerian National Petroleum Corporation (NNPC) has approached its joint venture

partners and proposed to pay disputed arrears of between $8 billion and $10 billion, saying that oil production shortfalls “could cripple” the industry

if left unaddressed.

A letter from the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, to the Managing Directors

of Chevron, Shell and the Nigerian subsidiaries of Exxon and Eni named three “unresolved challenges”: arrears from the joint ventures;

the payment structure of the joint ventures; and a dispute related to production-sharing contracts.

The letter, dated March

Sule Lamido to Contest for Presidency in 2019 … Page 10

31 and seen by the Londonbased Financial Times (FT) newspaper, also laid out “guidelines” for NNPC and the oil majors to resolve these issues by mid-May. Continued on page 6

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MTN CEOs Were Paid N560m Severance Package After Fine Emma Okonji with agency report The former chief executive officer of MTN Group in South Africa, Mr. Sifiso Dabengwa, and his counterpart in Nigeria, Mr. Mike Ikpoki, were paid $2.8 million (about N560

million) as severance package after they were forced to resign, following the N1.04 trillion fine imposed on MTN Nigeria by the Nigerian Communications Commission (NCC).

Continued on page 6

Buhari’s Ministers Sensitise Nigerians on Govt’s Programmes Kachikwu administers ‘oath on change’ Ejiofor Alike and Shola Oyeyipo The commemoration of the first anniversary of the Muhammadu Buhari administration kicked off yesterday in Lagos with a town hall meeting that had six ministers in attendance.

Moderated by the Minister

of Information and Culture, Alhaji Lai Mohammed, the ministers used the occasion to review the key programmes of the administration within the context of the current plight and expectations of Nigerians.

Continued on page 6

SNAGS A KEY CUSTOMER Fulani Herdsmen Sack Enugu NTEL L-R: Chairman of NatCom, Mr. Tunde Ayeni; Minister of Communications, Mr. Adebayo Shittu; and CEO of ntel (formerly Community, 48 Feared Dead… Page 9 NITEL), Mr. Kamar Abass, when the minister visited the telecoms operator at its office in Marina, Lagos, and registered his SIM on the network… yesterday

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TUESDAY, April 26, 2016 • T H I S D AY

PAGE SIX

Court Strikes out Saraki’s Application to Stay Trial Adjourns Dasuki, Metuh, Kanu's appeals Tobi Soniyi in Abuja The Abuja Division of the Court of Appeal has struck out an application by Senate President Bukola Saraki to stop his trial at the Code of Conduct Tribunal (CCT) pending the determination of his appeal.

The court struck out the application after it was withdrawn by Saraki's lawyer, Chief Kanu Agabi (SAN).

Although the motion was slated for hearing, Agabi however informed the court that he was withdrawing the motion and apologised to the court for making the justices

go through the voluminous processes he filed in respect of the appeal only for him to withdraw it.

The presiding judge, Justice Abdul Aboki, subsequently struck out the motion.

However, no date was fixed for hearing of the substantive appeal as Justice Aboki said the adjourned date would be communicated to the parties in the matter as soon as all the court processes have been filed and exchanged by the parties.

In the substantive appeal, the Senate president is challenging his trial at the tribunal on the grounds that due process was

not followed before the 13-count charge was slammed on him.

Among others, Saraki is contending that he was not invited by the Code of Conduct Bureau (CCB) to make a statement on the alleged discrepancies in the assets declaration forms he submitted to the CCB as required by law before he was arraigned at the tribunal.

In another suit, the appeal filed by the former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd), could not be heard yesterday, as it was adjourned to a date to be communicated

to the parties.

The appellate court could not hear the appeal following the inability of the federal government (respondent) to file the brief of argument.

The federal government’s counsel, Mr. Rotimi Jacobs (SAN), told the three-member panel of justices of the appeal court that the appellant’s brief of argument was served on him last week and that by the practice of the court, he had 10 days to file the respondent’s brief of argument.

Jacobs asked for a brief adjournment to enable him file his brief, to which Justice

Aboki said that the date for hearing would be reserved until all processes had been filed.

Also, the appeal filed by the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, was adjourned to May 5, 2016 to enable the counsel to the EFCC, Mr. Sylvanus Tahir, file his brief of arguments to the issues raised

by Metuh in his appeal.

Metuh is asking the Appeal Court to set aside the ruling of Justice Okon Abang of the Federal High Court in Abuja, that he has a case to answer in the money laundering and corruption charges brought

against him by the federal government.

Destra Investment Limited, a company allegedly owned by Metuh, has engaged Tochukwu Onwubuifor (SAN) to represent it in its appeal on the matter. Dr. Onyeachi Ikpeazu (SAN) had withdrawn his representation from Destra Investment Limited.

Meanwhile, the appeal by the leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, could not be heard yesterday, as it was not slated on the course list.

Justice Aboki subsequently adjourned Kanu’s appeal to May 5, 2016 for hearing.

roads across the country on the non-passage of the 2016 budget, noting that the delay in signing the budget was affecting plans to repair dilapidated roads across the country.

“There is a plan to deal with the road challenge, but unfortunately as I speak, there is no budget. Those of us that are tuned to public service will understand that budget is the article of faith; without appropriation, you can’t spend money,” Fashola said.

The minister also said the 5,000MW of electricity currently being generated was inadequate to address the nation’s power problems, adding however that the problems could be surmounted.

According to him, Nigeria does not generating sufficient power to go round its 170 million people, but promised that efforts were being made

by Buhari’s administration to deliver sustainable power.

“I will summarise the power issue simply in one word: there is insufficient power; 5,000MW for 170 million people is just not enough. The solution is delivering more power on an incremental and sustained basis,” he said.

“As far as roads are concerned, especially for road workers, road transporters and

the unions, it is ultimately an index of doing business. The cost of transportation affects how cheaply or expensive food reaches the table; how efficiently services are

delivered,” he added.

“If you just throw back a little bit, this country earned $100 per barrel of crude oil for

BUHARI’S MINISTERS SENSITISE NIGERIANS ON GOVT’S PROGRAMMES Other ministers present at the town hall meeting, which is the first in a series of others that would be held across the six geopolitical zones of the country, were the Ministers of Power, Works and Housing, Mr. Babatunde Fashola; Foreign Affairs, Mr. Geoffrey Onyema; Transportation, Mr. Rotimi Amaechi; Industry, Trade and Investment, Mr. Okechukwu Enelamah; and the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu.

Aside from using the occasion to give the scorecards of their respective ministries, the ministers also used the event that was attended by Nigerians from all walks of life to plead for patience with the government.

Speaking on the essence of the interactive gathering, Mohammed said the event was not a fix-it measure but was an opportunity for Nigerians to air their views on the process of governance and created an opportunity for those in authority to meet the populace directly.

He also informed his audience that the federal government has domiciled over N2 trillion in the Treasury Single Account (TSA) since the enforcement of the policy, reported the News Agency of Nigeria (NAN).

“This administration decided to plug all financial loopholes through the Treasury Single Account (TSA), into which over N2 trillion has accrued so far.

“Funds that ordinarily would have gone into private pockets are now finding their way into the public treasury, to be used for the benefit of all.

“Also, about 36,000 ghost workers have been discovered and weeded out, saving the government millions of naira,” the minister said.

According to him, the 2016 budget will different from others as capital expenditure was increased by this administration to 30 per cent.

He said: “Beyond that, there are six social intervention areas that will directly touch the lives of millions of citizens and lift them out of poverty.”

Mohammed noted that 500,000 graduates would be employed and trained as teachers, added that 370,000 non-graduates (artisans, technicians) would be trained and employed, while one million people (farmers, market women, etc.) would be granted loans to set up small businesses.

He also noted that there would be conditional cash transfers to the most vulnerable people; a school feeding

programme targeting 4.5 million school children; as well as bursaries/scholarships for STEM (Science, Technology, Engineering and Mathematics) students.

He urged all Nigerians to rise and be part of the war against corruption, stating: “All of us must be part of the war. It is not Buhari’s war. It is not APC’s war. It is Nigeria’s war of survival and defeat will only sentence all of us and our generations yet unborn into perpetual penury.

“Our nation’s economy or whatever is left of it, poses a great challenge. For one, we have lost a sizeable chunk of our earnings to the massive crash in the price of oil.

“Think about this, if you lose 70 per cent of your monthly salary, your life can never be the same again.”

He noted that at its worst, oil crashed from over 100 dollars to about 30 dollars a barrel.

“It (oil) has recently inched up to about 40 dollars per barrel but that is still very low, compared to a high of over 100 dollars per barrel. For a mono-product economy, this is nothing short of disaster,” the minister said.

In his remarks, Fashola blamed the inability of the federal government to fix bad

NNPC OFFERS TO PAY $10BN DISPUTED ARREARS TO IOCS However, according to FT, insiders say this deadline is unrealistic, particularly because of a lack of guarantees about NNPC reforms.

Even if these issues were resolved, the oil sector’s fiscal regime would not be clear until Nigeria’s long-awaited Petroleum Industries Bill is passed, said Ronke Onadeko, a Lagos-based Nigerian energy sector expert.

Various drafts of the bill have remained stuck in Nigeria’s congress, known as the national assembly, for the past eight years.

“Who in their right mind will make investments without rules, terms and conditions?” Ms. Onadeko said. “Money is scarce with low oil prices and people would rather put their money in a place where they know what their risks are and can mitigate them.”

Concerns that Nigeria’s oil output is set to decline sharply over the next decade, because of uncertainty over promised reforms to the cash-strapped and

debt-laden NNPC have become widespread.

President Muhammadu Buhari came to power a year ago partly on a vow to shake up Nigeria’s oil industry, where corruption and mismanagement have long held back production. With 37 billion barrels of crude, Nigeria is Africa’s top oil producer and has the 11th-largest oil reserves in the world.

However, details of a promised overhaul of NNPC remain unclear, putting investment on hold and stoking frustration in the sector.

Wood Mackenzie, the energy consultancy, has cut its output forecast for Nigeria by more than a fifth, to 1.5 million barrels a day (mbpd) on average over the next decade. Its previous forecast for the period was 2.1mbpd, roughly in line with present output levels.

“The government is not doing a good job of signalling and this could hurt (Nigeria’s oil production) in the medium term even if oil prices recover,”

said Gail Anderson, lead Nigeria analyst at Wood Mackenzie.

The oil price collapse that began in mid-2014 has forced companies to cut investment worldwide, but there has been even less incentive to back Nigerian projects because of the country’s policy uncertainties.

A drop in production would be another blow to government finances, as low crude prices have sparked the country’s worst economic slowdown in 15 years.

“This is unfortunate because, if you think about what is happening in the Middle East, the Saudis are drilling like hell and the Kuwaitis and Emiratis are doing the same,” a former executive at one of the international oil companies operating in Nigeria said.

“The way the cycle works, the oil price will recover and those countries that have the capacity then will have the market.”

Global oil companies are concerned that NNPC will continue to fail to fund its share of

joint ventures — a problem that has stymied Nigeria’s ambitions to double production to 4mbpd.

Oil executives argue that the target would be achievable if NNPC were freed from direct government control and run as a commercial enterprise. About $15 billion of investment is needed just to maintain current production levels and compensate for a natural decline in production of about 250,000bpd each year as some oilfields mature, according to insiders.

“This funding issue is more important to Nigeria’s future oil production than other issues such as militancy, sabotage and theft,” said Aurelien Mali, a senior Africa adviser at the rating agency Moody’s.

The Niger Delta, the country’s oil-producing region, has had long-running problems with militants and a February attack on the Shell-operated Forcados terminal knocked national production down to 1.7m-1.8m bpd.

Continued on page 9

MTN CEOS WERE PAID N560M SEVERANCE PACKAGE AFTER FINE According to Bloomberg, the information on the severance package was disclosed in MTN Group’s annual report published yesterday in Johannesburg, South Africa.

The report said Dabengwa was handed a 23.7 million rand ($1.6 million) payout for resigning from Africa’s biggest wireless operator after the company was fined by the Nigerian telecoms regulator, which equates to almost three years' basic salary and took Dabengwa’s total 2015 remuneration to 40.6 million rand.

In Nigeria, MTN also paid Ikpoki the sum of 17.3 million rand ($1.2 million) in compensation, totalling $2.8 million (N560 million) that was doled out to both executives by the group.

MTN was fined N1.04 trillion in October last year, for contravening the directives of NCC on unregistered SIM card deactivation.

Though the fine was later reduced to N780 billion, Dabengwa and Ikpoki were forced to resign over the fiasco.

MTN is still in talks with the federal government on the payment of the fine.

Bloomberg reported that MTN shares fell 1.7 per cent to 144.86 rand as of 3.08 pm in Johannesburg, valuing the company at 267 billion rand.

The stock has declined 24 per cent since the fine was made public.

The two executives were rewarded even after they resigned to take responsibility for the Nigeria penalty, which equates to about three years of MTN’s earnings before interest, taxes, depreciation and amortisation (EBITDA).

The former CEO of MTN, Phuthuma Nhleko, who returned as executive chairman to resolve the Nigeria crisis after Dabengwa resigned, was said to have been paid 5 million rand for work from November 9 until the end of the year. His contract runs until May 9, indicating a total payout of 17.5 million rand for six month’s work. He may

also be due a bonus when his contract expires, according to the annual report. The company expects to name a new CEO by the end of June.

MTN and Nhleko have yet to settle the fine, despite hiring former U.S. Attorney General Eric Holder to represent the company and making a N50 billion ($251 million) down payment.

In March, the wireless operator proposed a $1.5 billion package that included cash, government access to its wireless network and an offer to buy Nigerian sovereign debt.

While the offer hasn’t been formally rejected, negotiations are not currently underway, Nigeria Minister of Communications Adebayo Shittu said last week.

“I am sure shareholders are not happy to pay out exorbitant golden parachutes to management that were asked to leave because they were incompetent,” Michael Treherne, a money-manager at Vestact Ltd., which holds MTN stock, said by phone.

However, the payout to Dabengwa may be the cheapest option if Nhleko can resolve the fine in MTN’s favour, he said.

Nigeria is the biggest of MTN’s 22 markets across Africa and the Middle East, with about 61 million subscribers.

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PAGE EIGHT

Come and Rescue Us, Abducted Twins Tell Dad Kidnappers demand N10m ransom Chiemelie Ezeobi For Blair and Clinton Roberts, they woke with the excitement of re-connecting with their father last Sunday evening, after a long break between dad and kids.

They were also travelling to Lagos to take part in a music concert tagged, Voice Stars.

The duo, a set of 20-yearold male twins, had recently returned from South Africa where they had gone to further their fortunes in their music career.

Last Sunday morning, they had set out from Abuja, where their mother lives, to reunite with their father, Chief Robert Opara, in Lagos, where he presently has a business. Along with 13 other passengers, they boarded a Lagos-bound Toyota Hiace bus with registration number: LSD 817 XP at the Ekeson transport bus service in Abuja.

They chatted heartily between themselves as their excitement to meet their father grew.

But they had barely done

two and a half hours into the trip, when their bus ran into a roadblock around Kabba, near Obajana, Kogi State, on the Abuja-Kogi highway.

The roadblock was manned by some men wearing army uniforms. The driver, Mr. Lucky Edebor, had taken them for men of the Nigerian Army and so stopped. But they were not soldiers; they were armed criminals.

They ordered all the passengers out of the bus, and with one gunshot, shattered the windscreen of the bus, perhaps to send a clear message that they meant business. Next, they used the butt of their gun to hit the driver in the eye.

Then all passengers were robbed and ordered to run into the bush.

Blair and Clinton also ran into the bush. But after some 30 minutes, some of the beleaguered passengers began to find their way back to the road. The bus was still there with their driver writhing in pain. The assailants had vanished into the bush.

All but the twins failed to return to the bus. All efforts

N6 million, giving today as deadline for the payment, failing which they will be killed.

When one of the young men spoke with their dad, all he could let out in a hushed tone was: “Dad please come and rescue us,” before the phone was

snatched from him by his captors, and switched off.

No other communication channel has been opened between the family and the kidnappers.

Perplexed by the trauma, Opara who spoke to THISDAY, narrated how he had gone to Ekeson Motors, but the manager, a certain Chief Obi, did not show concern, seeming to be more interested in establishing the company’s non-culpability, than helping to find the kidnapped boys.

Opara lamented that “one of the boys, Clinton, is asthmatic and did not travel with his inhaler and so could be in dire health risk by now”.

Bemused by the incident, Opara, a media consultant, explained that his sons “are good hardworking kids”, adding that their stage name is The Voice Stars DNA Twins, and pleaded with the police to help rescue his boys.

He also pleaded to the abductors to release the children without harm, even as he craved for them to communicate with him.

Opara, who immediately left for Abuja after news of the abduction reached him, also called on members of the public with useful information to contact the nearest police station.

THISDAY learnt last night that Opara eventually got a call from one of the kidnappers who spoke with a heavy Hausa accent demanding for N10 million as ransom for the safe return of the twins.

The kidnappers also forced the young men to use their phones to call and solicit for the ransom from the contacts saved on their phones.

Highway abductions may have become the new tactic used by kidnappers, as the Benin-Sagamu highway in recent times, has been plagued with multiple cases of kidnappings.

Three officials of the Osun State Government, including Mrs. Adebimpe Ogunlumade (a permanent secretary), Mr. Tajudeen Badejoko (director) and Mr. Oladapo Ajani Arogundade (driver) were also kidnapped along the same Abuja-Kogi highway last Friday. The trio were released on Sunday.

pain and demolition as he seeks to bring development the transport sector.

Amaechi reminded those present that the reason they voted for “change” was because of the extreme difficult they had experienced and the only solution was to change the government and bring in a new set of government officials to ensure that you and they could eat.

He told the audience that although the change desired

by Nigerians could not possibly happen in just one year, they would soon start to see an improvement in the transportation sector, as a lot of work was going on in the background.

He blamed past administrations for failing to construct rail lines, saying: “The only place they tried a bit was with the one from Kaduna to Abuja, which is yet to be completed and we are working extremely hard to ensure that between June and July, we will commercialise that rail line and it will start services.

“That will reduce the challenges of production to convey goods and services between Kaduna and Abuja.”

On the Lagos-Kano rail line, he said: “Imagine that work starts on that rail line now, how many jobs will we create?

“And I can assure you that

by God’s grace, before the end of the year, we will commence work on the Lagos-Kano rail line.”

Amaechi also pledged to work with the private sector to complete the Itakpe-Warri rail line, which has been under construction for 32 years.

“There’s a rail line most Nigerians can’t remember easily, the Itakpe-Warri rail line.

For 32 years now, Nigeria has

been struggling to construct it.

The ministry has decided to concession it out now,” he said.

“We have distanced the federal government from the project and we are negotiating with a Chinese company that intends to take that rail line with theAjaokuta steel plant.

They will carry it on from Itakpe down to Abuja and down to Warri seaport.”

All these developments, he said, would be accompanied by pain for the people.

“Know that this is development, because when we come, don’t forget there will be pain,” he said.

“There will be demolition of houses. If we don’t demolish, then there will be no rail lines.

“You don’t expect that I will come from Ibadan to Tin Can and I will not touch some houses. I am just saying this, so that when we begin to approach you to negotiate for you to shift the house a bit, just allow the rail line pass through,” he said.

On aviation, he mentioned a few airports where new terminals were under construction. “As you hit us, we hit the contractors,” he added.

“Aviation is not only about creating terminals, aviation is the ability to leave Lagos and get to Abuja safely. Before, communication was not easy. But now, you can ask the pilots, they communicate easily and freely; this means we have things under control.”

On maritime, he said: “Maritime is very challenging; too many interest groups are found in the maritime sector.

“The president has kindly agreed for me to undetake a performance audit. We want to understand what is going on in the maritime sector: why

are we not making the kind of money we can make in maritime sector?

“Why is the maritime sector not funding the economy like other parts of the world? All this we will be able to answer when the performance audit is completed.”

Also, Onyema, the foreign affairs minister, defended the numerous overseas trips embarked upon by Buhari, saying they were carefully selected in line with certain priorities and the development objectives of the country.

He said the president was not embarking on the trips just for the fun of it, insisting that some of them were already yielding results.

“When the president assumed office, the problem at that time was how to get the confidence of neighbouring countries to support the war on terror.

“So what the President did was to travel to Chad, Cameroun and other neighbouring countries to seek a joint coalition, and now we can all see the results the country is recording against Boko Haram,” he said.

The minister also said some of the president’s trips to certain Western countries were at the invitation of these nations because they were impressed with Buhari’s credentials and goodwill.

Onyema listed the United States, the United Kingdom and France as some of the countries whose leaders invited Buhari, based on his goodwill.

Onyeama also said the president’s recent trip to China was to attract the much-needed investments in agriculture, solid minerals, and other important sectors of the economy.

Blair and Clinton Roberts, the abducted twins to trace them failed. Not even the call to their phone as the numbers indicated in the bus manifest, was successful. Alas, the twins had been kidnapped.

Later that evening, the kidnappers, using Clinton’s phone called the boys’ father and demanded a ransom of

BUHARI’S MINISTERS SENSITISE NIGERIANS ON GOVT’S PROGRAMMES a decade; other countries earned that kind of money. Are we as competitive as they were, or as they have become? Clearly, we have not spent our money wisely. Otherwise, we shouldn’t have broken roads; otherwise, we should have more power,” Fashola explained.

Fashola argued that the country cannot continue to solve a 66-year old problem with old methods.

On housing, the minister said standardising housing in the country was a way of starting the country’s industrialisation.

“Housing is perhaps my toughest challenge right now but we are close to delivering a standardised model,” he added.

“As far as housing is concerned, that is my most difficult responsibility. But there is a template I have experienced, with which to move from. There have been some interesting housing initiatives in the past, by Lateef Jakande, by Shagari, by Gemade, who is now a senator, but have they been sustained?

“Clearly we have had starts and stops, because there are no housing models that we can say, ‘This is the Nigerian home’. We are trying to develop models that address cultural issues, because it is one thing building houses and it is another thing to get people to live and own them,” Fashola explained.

“We are here because we care; we believe this job can be done; we believe the right to know is very important in a democracy,” Fashola added.

Kachikwu, in an elaborate assessment, highlighted the efforts of the present administration to end the perennial scarcity of petrol.

Kachikwu said the Buhari-led government had reduced a lot of excesses within the oil and

gas sector with losses at the Nigerian National Petroleum Corporation (NNPC) dropping significantly between August 2015 and January 2016.

According to him, the country was close to ending the era of subsidy payments, while making sure the refineries would commence production shortly.

Kachikwu appealed to Nigerians to be patient and hopeful, stressing that a lot was being done to address the current challenges in the oil industry.

He however raised the alarm that some of those efforts were being sabotaged by private interests, and appealed to Nigerians to be instruments of change and to continue to support the Buhari-led administration.

Before he ended his presentation, Kachikwu proceed to administer an oath of loyalty to change. He asked everyone at the town hall meeting stand up and repeat after him: “I am a Nigerian. There is a reason why God made me a Nigerian. I have a stake in this country. I have the skills and determination, the focus and belief in my capacity, to be the best in what I do, and to help this country change and make progress. Today! This day!

This moment! I commence to be an instrument of change and to work hard with my brothers and sisters to move this country forward. So help me God. Thank you.”

In his speech, Enelamah said without infrastructure, no country would be industrialised, stressing that that the country needed to create long-term institutions to sustain the march towards industrialisation.

He said the federal government has commenced

the reactivation of Nigeria Industrial Revolution Plan (NIRP) initiated by Goodluck Jonathan administration, in order to reposition industries in the country.

He also stressed that Buhari had given the ministers the mandate to deliver on the follow up on the trip by the president to China early this month.

According to him, diplomatic relations between Nigeria and China started in 1971, adding that China is Nigeria’s biggest trading partner with over $15 billion in trade.

Enelamah, who restated that Nigeria attracted $6 billion in new investments from the Chinese trip, added that it takes only one committed generation to rebuild and make a country and people prosperous.

“While we were there, the president met with all the key citizens, starting from the president to the premier and some of the other key people in China.

“Why this trip is important is that the president was able to go with a number of governors, ministers and several businesses; over 200 Nigerian businesses actually came on this trip.

“The Nigerian government also acknowledges that there’s much Nigeria can learn from China. For example, we view with admiration, what China has accomplished by lifting hundreds of millions of its people out of poverty over the cause of just one generation.

“It has been said that it takes only one committed generation to rebuild a country, why can’t it be this generation? China has done it; Nigeria can do it,” Enelemah said.

Amaechi, in his remarks at the town hall meeting, warned that Nigerians should expect

TUESDAY APRIL 26, 2016 • T H I S D AY

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

Military Narrows down Location of Chibok Girls to Sambisa Forest, Chad-Niger Border Security experts cautions on making lead public

Senator Iroegbu in Abuja The Nigerian military has once again confirmed the possibility that most of the over 200 girls of Government Secondary School, Chibok, Borno State, kidnapped by the Boko Haram terrorists in 2014 are alive and allegedly kept in two locations in the North-east.

This was disclosed by the Commander, Operation Lafiya Dole, Maj-Gen. Leo Irabor, through the CNN Special Report yesterday on the ongoing counter-terrorism and counter-insurgency operations.

Irabor said credible military intelligence indicates that Chibok school girls are still being held in a Sambisa Forest, which is the remaining stronghold of the terrorists, and as well as a location close to the Chad-Niger border.

The commander’s lead is coming barely two months after the Nigerian Air Force (NAF), Director of Public Relations and Information (DOPRI) of the Air Force, Group Capt. Ayodele Famuyiwa, disclosed that the military had discovered the location of the girls but that the areas cannot be attackedfor the safety of the girls.

“We have no fears that the girls are not there because that particular location has been under surveillance for quite a while and we suspect that maybe it’s a kind of ammunition depot or maybe a workshop that they are using as their logistics place.

“Once you take off the logistics base, of course you gradually weaken the resolve of the enemy to be able to prosecute any campaign,” Famuyiwa was quoted to have stated.

In the same vein, Irabor while speaking to CNN, said that intelligence surrounding the current location of the Chibok girls does, in fact, point to the Sambisa corridor, where his forces continue to advance deeper. But while proud of the

accomplishments of his men, he says they need more international support.

He said: “The question of the Chibok girls remains a sore point in our history. The biometrics -- as it were -- of the Chibok girls are not known to us. Those are the issues which I believe are among the challenges.

“We think, from the intelligence available to us, that the remaining areas that we are working to move into, that is where we are hoping to be able to rescue the Chibok girls.”

He expressed belief that following a two-year-old trail while waging war against Boko Haram’s brutal insurgency, the missing teens are now being moved in clusters so as not to attract unwanted attention.

The commander explains that while his forces advance on the Sambisa Forest, they are also running down other leads on the whereabouts of the Chibok girls.

“It’s a belief,” he says. “But beyond that, we’re also getting some intelligence that (they) maybe somewhere on the Niger-Lake Chad border areas.”

Despite the obstacles his men face, Irabor is optimistic the Nigerian Army will ultimately be victorious in their mandate. The recent “proof of life” video obtained by CNN, has reinvigorated their resolve to bring back the girls. “(It) gives us hope that what we have in mind -- in terms of operations -- that that is going to yield results.”

There are few things worse than a child being ripped away from its mother. For two years, this has been the unimaginable reality for the parents of the missing Chibok girls. But the commander has a message for them: “Keep hope alive.”

Irabor said: “We are working assiduously so that all of them are rescued and brought back to live in their communities.

“I think that the light is beginning to shine and in a short while we’ll see the light at the end of the tunnel.”

However, the revelation was not well received by the former Director of the Department of Security Services (DSS), Mike Ejiofor, who warned that it could jeopardise operations and safe rescue of the girls.

Ejiofor reminded that the United States (US) were highly secretive about the whereabouts of Osama Bin Ladin until he was captured and killed.

“That information given by the commander is a very critical information that ought not to be

given out. You could recall how Osama Bin Ladin was captured and that the Americans did not give any lead to his whereabouts.

This is because if you give out such important lead, they might harm those girls.

“It is also very important that this current administration ensures that those girls are rescued because it is the cardinal point of their electoral campaign and promises,” he said.

The security expert also called on the federal government to look into the recommendations and findings made in the Chibok girls committee report, saying it will be helpful to resolving the conundrum.

“I believe that the present

government has a duty to look into that report and recommendations.

One is to ensure that safe return of those girls and the second is to prevent future occurrence,” he added.

Meanwhile, Gen. Irabor has assured that Nigeria has been working closely with the US, running operations based off of air reconnaissance that they have provided. He said that this has led to clearing a significant portion along the east of the forest and some promising wins.

The Theatre Commander also claims over 2,000 women and girls have been rescued in the last several months.

“We do have pockets of the Boko Haram terrorists still left in some places but very largely we’ve decimated them,” he says.

According to him, there is a sense among the military that as Boko Haram has lost their territorial footprint, they are regrouping and using asymmetrical tactics, deploying waves of would be suicide bombers -- some successful, some not -- to inflict terror as opposed to the ground assaults they once unleashed.

Irabor believes the militant group’s current capacity is “limited” and credits his force’s recent missions for the halt in attacks.

BEGGING FOR PATIENCE FROM NIGERIANS

L-R: Minister of Transportation, Mr. Rotimi Amaechi; his counterparts from Power, Works and Housing, Mr. Babatunde Fashola; Information, Arts and Culture, Alhaji Lai Mohammed, during a Town Hall meeting with the people of South-west zone in Lagos ...yesterday Kola Olasupo

Fulani Herdsmen Sack Enugu Community, 48 Buhari Asks African Leaders Feared Dead to Ensure Social Justice

Tobi Soniyi in Abuja President Muhammadu Buhari yesterday in Abuja called on African leaders to work harder to ensure social justice for all their citizens in order to achieve greater peace and political stability in their countries.

A statement issued in Abuja yesterday by the Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, said Buhari made the call while speaking at an audience with the Foreign Minister of Equatorial Guinea, Mr. Agapito Mba Mokuy.

Buhari also maintained that as leaders of sovereign nations, African Heads of Government must be allowed to discharge their responsibility for peace and security within their countries, without external interference.

The president said this was why Heads of State and Government of the African Union decided against sending peacekeeping troops to Burundi during the country’s recent political crisis.

Buhari said he expected the Government of Burundi to work towards greater peace, national unity and social justice for all Burundians to justify the decision of the African Union.

“Governments should be responsible for the security of their countries. Burundi must therefore ensure social justice for all of its people so as not to disappoint Africa in the eyes of the world,” the President told the minister who was in Abuja as a Special Envoy of President Obiang Nguema Mbasogo.

Buhari assured him that Nigeria would continue to work with Equatorial Guinea and other nations to strengthen the African Union and its various organs for the good of the continent.

He said Nigeria would also welcome more cooperation with Equatorial Guinea and other members of the Gulf of Guinea Commission to curb piracy and enhance security in the gulf.

Christopher Isiguzo in Enugu Tragedy struck in the sleepy Ukpabi Nimbo community in Uzo-Uwani council of Enugu State, yesterday, as rampaging Fulani herdsmen attacked the area killing scores of residents mostly farmers and destroyed property worth millions of naira.

Sources in the area put the casualty figure at 48, though the police is yet to put a definite figure.

Sixty persons reportedly sustained varying degrees of injuries while tens of residential buildings were equally torched, according to sources in the area.

Eye witness accounts had it that the herdsmen in their numbers invaded the community in the early hours of yesterday with guns, bows and arrows, machetes and swords and ensured that any human being within sight was hacked down.

But for the arrival of a combined team of police and military personnel led by the Police Commissioner in the state, Nwodibo Ekechukwu, in the community, the situation would

have degenerated and perhaps gone out of hand as they made efforts to repel the attack.

As at the time of filing this report, no fewer than 30 corpses, most of which were recovered from farmlands were said to have been deposited at the Bishop Shanahan Hospital, Nsukka, while intensive search for more bodies are ongoing in the area. Those injured were also taken to different hospitals for medical attention.

A mortician at Bishop Shanahand Hospital who spoke to THISDAY on the condition of anonymity said 30 dead bodies were brought to the hospital this morning with 22 injured persons.

“I also learnt that some dead bodies and other injured persons were taken to other neighbouring hospitals for treatment,” he said.

Despite the presence of security operatives, most villagers have already deserted the community for fear of more attacks by the herdsmen who were said to have made the area an attack centre in recent times.

However, Police Public Relations

Officer, Enugu State Police Command, Mr. Ebere Amaraizu, who informed THISDAY that the Commissioner of Police, Mr. Nwodibo Ekechukwu, led other officers and men to the area, said the total number of casualties could not be ascertained as of the time of filing this report.

Amaraizu, said the situation in the community had been brought under control.

“We moved in to ensure that the situation did not degenerate beyond control and right now everything is under control. The Commissioner of Police is there with other officers and men and the area is being secured. We can’t give the total number of casualties yet, it is when the operation is concluded that we will collate figures and give a definite number,” Amaraizu said.

Many members of the Ukpabi Nimbo community, who are mostly farmers, have their homes around their farmlands. The herdsmen did not spare their houses, as well as farms and crops as they were all destroyed.

ThisDay checks learnt that the

herdsmen had previously fallen out with the villagers over their grazing activities in the community.

Sources in the community disclosed that the villagers had been resisting the use of their farmlands as grazing fields by the herdsmen.

It was equally learnt that the situation further degenerated after some herdsmen who operate in Ukpani Nimbo and other communities in the Uzo-Uwani area claimed that their cows were missing.

There were also claims by the herdsmen that some of their colleagues were killed in the area.

The villagers alleged that most of the herdsmen that were involved in yesterday attack were ‘imported’ from Nasarawa State by other Fulani herdsmen who were already operating in Enugu.

It was gathered that, before the herdsmen struck, there was tension in Ukpabi Nimo and other communities in the Uzo-Uwani area over widespread rumour that about 500 herdsmen were mobilising to attack them.

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TUESDAY APRIL 26, 2016 • T H I S D AY

NEWS

Ekweremadu Calls for Restructuring of 36 States into Six Zones Buhari, Gowon, Saraki, others to attend deputy senate president’s book presentation tomorrow

Omololu Ogunmade in Abuja and Segun James in Lagos In what could be a major constitutional restructuring, the Deputy President of the Senate, Ike Ekweremadu, has called for the collapse of the 36 states of the federation into six geopolitical zones as part of a drastic measure to correct the country’s federation failing which has hindered development.

Even though he did not say how wieldy his suggested measure would be, given Nigerians penchant for ethnic loyalty, he however opines that abolishing the 36 states structure would release the latent potentials for growth by the regions, which he said, were over the years foiled by the reckless derailment of the country’s federalism by successive military governments.

Ekweremadu’s positions

were offered in his new book, entitled: ‘Who Will Love My Country: Ideas for Building the Nigeria of Our Dreams,’ which is due for public presentation tomorrow in Abuja with President Muhammadu Buhari, former Head of State, Gen. Yakubu Gowon (rtd); Senate President Bukola Saraki and Speaker of the House of Representatives, Yakubu Dogara, expected to be in attendance While praising the nation’s founding fathers, Chief Obafemi Awolowo, Dr. Nnamdi Azikiwe and Sir Ahmadu Bello, for espousing federalism as the basis of the country’s federation at independence, he said suggestions that fiscal federalism would bring about distortive growth were untenable, affirming that even in a forest, not all trees are equal.

“The major blame for our fumbling and abortive federalism

should always be laid at the doorstep of the military. From the first military coups d’état and the promulgation of Decree 34 of 1966 to the termination of the last military rulership on May 29, 1999, the Nigerian armed forces snatched away not only the nation’s democracy, but also her federalism.

“They then took deliberate steps to unmake or mar the nation’s federal arrangement. Decrees, policies and constitutions devised by the military all resulted in the termination of fiscal federalism, the balkanisation and distortion

of federating units, and weird policing arrangements, among a myriad of anomalies that have not only left our federation like a bat, (neither a bird nor a mammal), but have compromised national development, unity and peace.

“Unless we reform the nation’s federalism, Nigeria might never recover again because the current arrangement results in underdevelopment, inequity, bad blood, corruption, maladministration, incompetence, ineptitude and indolence. Many things have gone wrong with our brand of federalism.

“I am a staunch disciple of

self-determination. However, at the risk of sounding contradictory, we must be frank enough to admit that the number of states we have today, or plan to create, is simply not sustainable.

“They have put so much pressure on the scarce resources because the states, as we know them today, are not platforms for wealth creation, but for wealth sharing. The more the number of states and local government areas a people can boast of, the greater the chunk of the ‘national cake’ they take home every month.

“This act of robbing Peter

to pay Paul, which I term feeding bottle federalism, is at the heart of poor governance, underdevelopment, indolence, and ineptitude in the Nigerian federation. It is also the reason financial trepidation grips the land each time there is a hiccup in the flow of free money, usually occasioned in the crash in oil price.

Ekweremadu called for a reduction in the number of federating units and the devolution of more powers to the federating units as the centre has obviously bitten off more than it could actually chew.

Sule Lamido to Contest for Presidency in 2019 APC is a party of deceit, says Wike Onyebuchi Ezigbo inAbujawith agency report Former Governor of Jigawa State, Sule Lamido, yesterday said he would contest for presidency on the platform of Peoples Democratic Party (PDP) in 2019.

Lamido made this known to journalist in his village –Bamaina –in Birnin-kudu Local Government Area of the state.

He, however, said a party’s ticket was not given to anybody on the platter of gold, adding that a candidate must earn it.

“If my party finds me worthy of the party’s presidential ticket to serve Nigeria, I will thank God and oblige.

“Although there are issues in the party that we are all working to resolve, we hope to have success soon and come out united.

“As I’m talking to you now, we are working silently to resolve our differences and bring back to our fold those who left the party for All Programme Congress APC,” he said.

The former governor, according to the News Agency of Nigeria (NAN) held that the internal crisis in PDP was the reason for its defeat in 2015 general election.

He said the party had the capacity to rule the country again but the members must work hard to achieve that.

Lamido denied any rift between him and his successor, Governor Muhammad Badaru of the APC. He stated that both of them had mutual respect for each other and he had no differences with him other than political ideologies.

Meanwhile, Rivers State Governor, Nyesom Wike has declared that the PDP will take over the reins of governance in 2019 because Nigerians have discovered that the APC, is a political party founded in deceit.

Speaking in Dutse, Jigawa

State yesterday during the PDP membership mobilisation programme, Wike from the mammoth crowd that turned up for the event, said it was obvious that there was no APC in Jigawa State.

He said for tens of thousands to come out for an opposition event, it shows that there was no APC in the state.

He said: “What happened in 2015 has opened the eyes of Nigerians. Nigerians have lost faith in the APC. From what we have seen, it is obvious that Nigerians were deceived. They have seen the deceit of APC and they have returned to where they belong.

“They have seen the truth and they are back to their original party.

The false stories of 2015 will no longer be accepted and come 2019, PDP will bounce back to power.”

The governor added: “I am going back to the Niger Delta to tell the people that PDP is fully rooted in the North.”

In his remarks, former Jigawa State Governor, Sule Lamido declared that PDP is the antidote of the APC. He said that PDP would provide answers to the developmental needs of Nigerians.

The National Chairman of the PDP, Senator Ali Modu Sheriff, said the visit to Jigawa State was to mobilise more people to register as members of the party.

He said: “There is PDP in Jigawa State, APC is finished.”

The Jigawa PDP Membership Regiatration Rally was attended by former Kano State Governor, Mallam Ibrahim Shekarau, former Kaduna State Governor, Ramalan Yero, members of the PDP National Working Committee, serving

Cont’d on page 12

ONTHE MARCH AGAIN

L-R: Former Governor of Jigawa State, Alhaji Sule Lamido; National Chairman, Peoples Democratic Party (PDP), Senator Ali Modu Sheriff; Rivers State Governor, Nyesom Ezenwo Wike, at the PDP membership registration rally in Dutse...yesterday

Assault on Lawmaker: Prisons CG Seeks Amicable Resolution Aide denies incident as c’ttee establishes assault Damilola Oyedele in Abuja The Controller General (CG) of Prisons, Dr. Peter Ezenwa Ekpendu, has appealed to the House of Representatives for an amicable resolution of the assault on Hon. Mkrapor Onyemaechi by one of his aides last Wednesday.

This is as the aide in question, Senior Inspector Idah Odeh, denied hitting Mkrapor despite being identified by at least two witnesses.

Ekpendu, speaking at the fact-finding hearing conducted by the House Committee on Interior yesterday, described the incident as barbaric and embarrassing.

“Sometimes some of these boys are overzealous, but please whatever it is, try and help us to resolve this matter amicably,” he said.

He had earlier denied knowledge of any alteration between the officers in his convoy and Mkrapor, as the vehicle bearing him had already

gone ahead.

The controller general read about the incident as it broke last Thursday, he said, adding that the cars in the convoy were six.

The pilot vehicle, his vehicle and back up vehicle had all gone through the (MOPOL) gate before the Tundra vehicle bearing the lawmaker attempted to overtake the remaining three vehicles, and was blocked by one of them.

Ekpendu added that he had already commenced investigation into the incident and had directed some of the officers involved to report to the Divisional Police Officer, National Assembly, to write their statements.

The CG however drew the ire of the committee for issuing a statement at the weekend denying that any altercation happened, while investigations were still ongoing.

The committee headed by Hon. Jagaba Adams Jagaba heard from several witnesses that the lawmaker’s vehicle was speeding

and was being flagged to stop by security agencies at the gate.

The committee also established that Deputy CG, Budget, and Finance, Mr. Kangiwa Shehu, were the ones who banged on the lawmaker’s vehicle. Kangiwa was absent from the hearing as according to the CG, he had travelled on an official assignment.

The sergent-at-arms, Mr. Chike Igbo, said Onyemaechi vehicle had no plate number, and was fully tinted.

He confirmed that after the vehicle was stopped, a prison officer did indeed poked his finger into the face of the lawmaker, hitting her in the face.

“Her glasses fell down,” he said, and identified Odeh, when asked to identify the person who hit the lawmaker in the face by the committee.

A female corporal also identified Odeh as the person who assaulted Mkrapor when she rolled down her window glass.

Mkrapor, in her narration, said her driver made to overtake the vehicle and was blocked.

She noted that when some of the prison officials started to bang on her car, she instructed her orderly not to disembark.

“Because people have been harassing my orderly since the incident. I asked him not to get down because he was armed and anything could have happened,” she said.

Onyemaechi also identified Odeh as the person who poked her in the face.

Meanwhile, while Odeh insisted he did not assault the lawmaker, no one present corroborated his claim.

Despite being reminded that he was under oath, Odeh said he did not get out of the Hilux van bearing him and other escorts.

The driver of the Hilux van, when queried by the lawmakers, said he was not aware if Odeh got out of the van or not.

TUESDAY APRIL 26, 2016 • T H I S D AY

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NEWS

Death of Six Doctors Paralyses Ekiti Hospitals, Staff Protest Fayose declares three-day mourning FG calls deaths a tragic loss to the nation

Paul Obi in Abuja and Olakiitan Victor in Ado Ekiti Major health institutions in Ekiti State, including the Federal Teaching Hospital, Ido Ekiti(FETHI), the Ekiti State University Teaching Hospital (EKSUTH) and other general hospitals were paralysed yesterday by the death of six doctors in a fatal motor accident along Kaduna road last Sunday.

Those who lost their lives were Dr Tunde Aladesanmi of the FETHI; Dr Ojo Taiwo EKSUTH; NMA Secretary, Dr Akinyele Alex; Dr J. Ogunseye of the Health Management Board; President, EKSUTH Association

of Resident Doctors (ARD), Dr Olajide; Dr Adeniyi James of the FETHI and a driver identified as Ajibola.

The sad event according to eyewitness, forced the doctors, nurses and other staff of FETHI to troop out as early as 7a.m. and locked the main gate of the hospital in protest, which inconvenienced the patients and visitors.

The placard-carrying protesters expressed grief over the death of three doctors in FETHI out of those who lost their lives, saying they suspected that their death was man-made.

Right from the main gates of the two institutions, one could

N1.4bn Fraud: Court Sentences Ex-Kogi Lawmaker to 154Years in Jail The Economic and Financial Crimes Commission (EFCC) yesterday secured the conviction of a former member of the Kogi State House of Assembly and former Caretaker Chairman, Ogori/Magongo Local Government Area of the state, Gabriel Daudu, for a N1.4 billion fraud.

Daudu, who was first arraigned in April 2010, was prosecuted by the EFCC on a 208-count charge bordering on money laundering and misappropriation of public funds.

Justice Inyang Ekwo, who presided over the case at a Federal High Court in Lokoja, found him guilty of 77 counts and sentenced him to 154 years imprisonment.

In his ruling, the trial judge, held that the prosecution proved its case beyond every reasonable

doubt, and therefore sentenced Daudu to two years on each of the 77 counts to run concurrently.

Before the conviction of Daudu, prosecuting counsel, Wahab Shittu, tendered various exhibits before the court and fielded 13 witnesses to prove the case against him.

The trial presided over by Justice Ekwo had indicated that the trial might have to start afresh as the Chief Judge of the Federal High Court, Justice Ibrahim Auta, had asked Justice P.M. Ayuba of the Lokoja Division of the court to take over the case.

However, Shittu had pleaded with Justice Auta to review the decision. The Chief Judge, thereafter, returned the case file to Justice Ekwo, who has now found Daudu guilty of the 77 counts.

Kogi Assembly Crises Throw up Constitutional Issues between N’Assembly and AGF Damilola Oyedele in Abuja The ongoing crises in the Kogi State House of Assembly has thrown up several constitutional issues between the National Assembly and the Office of the Attorney General of the Federation (AGF).

This was the observation made by the Majority Leader of the House of Representatives, Hon. Femi Gbajabiamila, following a closed door meeting with the AGF and Minister of Justice, Mr. Abubakar Malami, yesterday.

Malami had been summoned to appear before the House Committee on Judiciary following his order to the Inspector General of Police (IG), Mr. Solomon Arase, to unseal the Kogi State assembly after the House ordered that it be sealed.

The state assembly has been enmeshed in crises resulting in the impeachment of the Speaker, Hon. Jimoh Lawal, by five out of 20 members.

The House had invoked its powers granted by Section 16 (4) of the 1999 Constitution as

amended to take over the assembly, following recommendations by its fact-finding delegation to the state.

The AGF had however allegedly said the House acted in error, and its takeover illegal.

The closed-door meeting lasted for about three hours yesterday, with the Special Assistants to the President on National Assembly matters, Senator Ita Enang and Hon. Sumaila Kawu, in attendance.

Briefing journalists after the meeting, Gbajabiamila said progress was being made while discussions were ongoing.

He added that the constitutional issues between both parties would be considered with a view to resolving them by next week.

“We went in there to discuss the issues, to unravel all the legal and factual issues...there is no doubt that the AGF wrote a letter to the IG and it’s clear that the IG acted on the letter, so it’s the contents of the letter that we discussed, and we discussed in a constitutional way bringing out all the issues he (AGF) raised,” Gbajabiamila said.

feel the gloom that enveloped the hospitals over the death of the medical practitioners who were consultants in their respective specialties.

The late doctors, led by the Chairman of the Nigerian Medical Association (NMA) Ekiti State chapter, Dr. John Akinbote, who survived in the accident, died while on their way to Sokoto State to attend the NMA’s annual general meeting.

When journalists visited EKSUTH in Ado Ekiti, the staff were seen in clusters discussing the situation, while few of the deceased’s colleagues were at hand to render medical services to patients on admission.

Speaking on the incident, FETHI’s Chief Medical Director (CMD), Dr. Lawrence Ayodele, described the death as a national disaster, saying: “It is not about the state, but the whole country

because it involves six senior doctors and a driver.

“On behalf of the entire hospital community, we pray that such sad event would not happen again. We need a period of prayer to put an end to this kind of ugly incident.”

On the staff unrest that dogged the death of the doctors, Ayodele said: “I got the information this morning(yesterday), but let me say that it is normal that when there is grief, people can bring up any kind of behaviour. But we should not allow emotion to override our thinking, and grief should not push us to do what we are not supposed to do. I plead with them to be peaceful.”

The CMD said the families of the deceased have been contacted by both the state government and the NMA over the incident.

Ayodele’s counterpart in EKSUTH, Dr Kolawole Ogundipe,

said the management had sent five ambulances to Kaduna to evacuate the corpses of the deceased.

Ogundipe, who appealed to members to be peaceful, prayed that God will grant the NMA, the deceased’s families and Ekiti government the fortitude to bear the loss.

Meanwhile, the state Governor, Ayodele Fayose, has described the deaths of the doctors and one driver in the state in an accident involving a 13-passenger bus as a monumental loss not only to the people of the state but to Nigerians, declaring three days of mourning yesterday, today and tomorrow.

The governor, who directed that all flags should be flown at half-mast, described the death as an eclipse of professional and intellectual figures, who lost their

lives in active service to mankind, saying; “Ekiti State has lost some of the best trees in its forest of medicine. I am deeply sad. This is one loss too many.”

In a statement issued his Special Assistant on Public Communications , Lere Olayinka, Fayose said: “Death of seven prominent indigenes of a state in one day and at the same period is a burden too heavy to bear and it is my prayer that God, who is the only giver and taker of life will give Ekiti people the fortitude to bear this irreparable loss.

“On behalf of my family, government and people of Ekiti State, I express our heartfelt condolence for the loss of these promising sons of Ekiti and wish their families, friends and professional colleagues the continued support and guidance of the Almighty God.

50 HEARTY CHEERS

R-L; Special Adviser to President on National Assembly Matters, Senator lta Enang; Celebrant, Mr. Adekunle Ogunba (SAN); his wife, Omolara; former Managing Director, Bank of lndustry, Mr. Rasheed Olaoluwa; and his wife, Mrs. Olaoluwa during the 50th birthday celebration of Ogunba, Lagos.....weekend Abiodun Ajala

George Uboh, EFCC Accuser, Bags Three-year Jail Term for Fraud George Uboh, the serial fraudster who sensationally accused the Economic and Financial Crimes Commission (EFCC) of diverting proceeds of recovered assets was yesterday convicted and sentenced to three years imprisonment by Justice S. E. Aladetoyinbo of the Federal Capital Territory (FCT) High Court Abuja, for his role in converting the property of the defunct Police Equipment Foundation (PEF) to his own use.

Uboh was arraigned by the EFCC on a three count charge bordered on criminal breach of trust involving the sale of PEF vehicles. He allegedly abused his position as former Head of Security and Communication Department, PEF, to convert the property of the foundation to his personal use.

The charge read: “That you, George Uboh, sometime in 2007 in Abuja, the judicial division of

the High Court of the FCT, being a servant in the employment of the Police Equipment Foundation, and in such capacity entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling one Toyota Hilux pick-up van through one Egbon Blessing, thereby committed an offence punishable under Section 314 of the penal code “That you, George Uboh, sometime in 2007 in Abuja, the judicial division of the High Court of the FCT, being a servant in the employment of the Police Equipment Foundation, and in such capacity, entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling one Toyota Hilux pick-up vans to Muha Motors, thereby committed an offence punishable under Section 314

of the penal code.

“That you, George Uboh, sometime in 2007 in Abuja, the judicial division of the High Court of the FCT, being a servant in the employment of the Police Equipment Foundation, and in such capacity, entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling two units of Toyota Hilux pick-up vans, therefore committed an offence punishable under Section 314 of the penal code.”

He had pleaded not guilty, thus setting the stage for full trial during which the prosecution called several witnesses to prove its case.

Uboh claimed that the former National Coordinator, PEF, Kenny Martins, gave him some PEF vehicles to offset the debt owned him by the Foundation.

However, during crossexamination, he admitted that he did not have any evidence of transfer of ownership of the vehicles from PEF. “I know the vehicles belong to PEF. But it was to offset the debt owed me. The Hilux pickup vans are four and not five,” Uboh said.

With his conviction today (yesterday), Uboh who runs a company called Panic Alert Security System (PASS), completes a double as a certified fraudster having previously been convicted of wire fraud in the United States.

He was prosecuted after US law enforcement agents carried out a major raid on a credit card and bank fraud ring led by Uboh in Georgia in 1992. He came out of jail on January 16, 2001. 15 years after, he is back in jail.

However, Justice Aladetoyinbo gave Uboh an option of N 4 million fine.

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TUESDAY APRIL 26, 2016 • T H I S D AY

NEWS

FG to Sack Teachers, Lecturers without Qualifications To phase out American, British curricula Receives report on Queens’ College rape case

Paul Obi in Abuja The federal government yesterday said plans were underway to terminate the appointments of teachers and lecturers lacking the

basic teaching qualifications in all segments of the educational system, ranging from primary, secondary and the university system.

The move to sack the teachers

World Bank President Arrives Nigeria Today Ndubuisi Francis inAbuja Barely four months after the visit of the Managing Director of the International Monetary Fund (IMF), Ms. Christine Lagarde, the President of the World Bank, Dr. Jim Yong Kim is billed to arrive Nigeria this morning on a three-day visit.

Kim, who is expected to arrive the Nnamdi Azikiwe International Airport, Abuja by 9a.m. is to be received on arrival by the Minister of Finance, Mrs. Kemi Adeosun, and some top government functionaries.

Although the details of his visit are not known, THISDAY gathered that Kim is coming to Nigeria in connection with issues pertaining to the economy and the support to the country’s efforts to rebuild the North-east, which has been ravaged by insurgency.

The World Bank announced recently that it was setting aside $800 million in support of the rebuilding of infrastructure devastated by years of Boko Haram insurgency in the North East.

The United Nations (UN) Resident and Humanitarian Coordinator, Fatma Samoura, who disclosed this, stated that

the global body was increasing its presence in Borno State and other North-east states ravaged by insurgency.

The federal government had also last July obtained a $2.1 billion credit from the bank to rebuild the North-east zone when President Muhammadu Buhari visited Washington DC, United States.

Speaking after meeting with representatives of the World Bank and other donor agencies, Buhari hailed the decision to invest $2.1 billion in rebuilding the troubled region.

“The World Bank will spend the $2.1 billion through its (International Development Agency), which gives low interest rates loans to government. The first 10 years will be interest free, while an additional 30 years will be at lower than capital market rate. The World Bank is eager to move in quickly, give out the loans, and give succor to the people of North-east, long at the mercy of an insurgency that has claimed over 20,000 souls,” Buhari had said.

Nigeria is also currently seeking loan from the bank and the African Development Bank (AfDB) to help fund the 2016 N2.2 billion budget deficit

may not be unconnected with government’s desire to sanitise the educational system, with a follow up, of the employment of about 500,000 teachers nationwide.

Minister of State for Education, Prof. Anthony Anwukah at a parley with journalists on his 65th birthday decried the deterioration of teaching in the nation’s educational system, arguing that, though Nigeria is “not doing so badly, we have not yet evolved a very stable system.”

He said: “Our teachers’ education is not yet where it should be, and I have been singing it like a song since accepting this responsibility, that we must have quality teachers in our school system.

And what does it mean to have quality teachers? You must have teachers who are trained to be teachers.

“Right now, the education system in terms of teachers is almost populated by more than 50per cent of people who are not trained to be teachers.

We must develop the act of teaching; you must be trained

as a teacher,” he said.

Anwukah explained that “if you want to be a teacher, you must be trained, you have the requisite skills, and this run from our primary schools to our universities, you must train people on how to teach, the way we are doing it now is like half measure, “If you do not have the teaching qualifications, please do something about it within the next one year or two to acquire to the basic skills you need as a teacher, if you have to continue to functioning in the classroom. If not, we are urging government to look at that sector very seriously.”

The minister maintained that “there is a law presently in this country that says that if you are not trained to be a teacher you cannot be in the classroom and if you are found in the classroom, you are subject to be taken to court and nobody is enforcing it.”

He told journalists that the forthcoming recruitment of 500,000 teachers across the country will be highly restrictive, open only to NCE

and B.Ed. holders. He warned that persons without basic teaching qualifications should not contemplate applying, as the system will filter them away.

The minister also stated that the Civil Service Commission will not take charge of the 500, 000 teachers recruitment exercise, given that, the recruitment is purely an educational task.

Anwukah explained that government will not listen to sentiments in support of the commission recruiting the teachers.

He added: “we will not listen to, oh, they are civil servants, so they must be recruited by the Civil Service Commission, that cannot be obtained, all of those things must have to wait, we will do the right thing,” Anwukah stressed.

The minister also informed journalists that henceforth, government will not treat lightly any private school teaching American or British curriculum in Nigerian schools.

“How do you understand or take a private school in this country that teaches in our primary and secondary with

a British curriculum? He asked.

“What our children are studying in these private schools, they are not curriculum derived from the Nigerian school system, they are teaching them the British curriculum, that under my watch must stop.

“If you are so desperate of your child being a British, send him or her abroad. Unfortunately, this time, it is not easy to get a foreign exchange,” he said.

The minister also stated that the federal government had received the investigative report on the alleged rape case in Queens’ College, Lagos.

“I just received the committee here in the office, the committee has been working, they have submitted the report, I received the report some thirty minutes ago.

“The ministry will now look at the report and in the next couple of days be able to direct the final action.

We that, we can inform the agitated public about the committee’s report and our final decision on the rape case,” Anwukah submitted.

Shehu Sani Opposes FG on Nuclear Energy John Shiklam in Kaduna The senator representing Kaduna Central senatorial zone, Senator Shehu Sani, yesterday said he was opposed to decisions by the federal government to use nuclear energy to address the problems in the power sector.

Sani who was speaking while flagging off his electricity project, tagged: ‘Let there be light,’ said it would be disastrous to use nuclear energy in Nigeria in view of the poor maintenance culture in the country.

According to him, “nuclear energy comes with a lit of danger. In this year’s budget, there is N2 billion allocated to the construction of nuclear energy sites.

“My own fear is, are we ready for nuclear power? We are not! Nuclear energy is not like what happened when we try to break a pipeline. It requires a lot of safety measures.

If we are to construct a nuclear station, we must know that it comes with consequences.

“We have seen the danger of nuclear energy in Japan, renewable energy is what we need to address the power

problem.”

He maintained that the solution to the poor power situation in the country is renewable solar energy, adding that Nigerians should think of a better way of generating electricity.

He lamented that in spite of $25 spent on the power sector in the last 16 years, Nigerians have continue to live in darkness while socio-economic and industrial activities are at the lowest ebb.

Sani who noted that stable electricity supple is very vital to the economic and industrial development of any nation, explained that his decision to initiate the electricity project in his senatorial zone is to address the electricity need of the people in the area, especially rural communities.

He said he started the project about seven month ago with the distribution and installation of solar panels and transformers to labour 30 communities.

“I am introducing solar renewable energy to our communities, I wish to provide 100 communities with solar power in the next three years of my tenure as senator,” Sani said.

LEGISLATIVE FUNCTION

L-R : Deputy Senate President, Senator Ike Ekweremadu; Senate President, Dr. Bukola Saraki; Chairman, Senate Committee on LandTransport, Senator Gbenga Ashafa; and Deputy Senate Leader, Senator Bala Na’Alla, during the one-day public hearing on the Bill for an Act to Repeal and Re-enact the Nigeria Railway Corporation in Abuja...yesterday

SULE LAMIDO TO CONTEST FOR PRESIDENCY IN 2019 and former National Assembly members.However, a chieftain of the APC, Osita Okechukwu, has asked Lamido, to be ready to tell Nigerians what his party, the PDP did in the last 16 years to warrant another shot at the presidency.

Okechukwu who is the spokesman of the South-east zone of the APC, described Lamido’s declaration for the 2019 presidential ambition as a welcome development, saying the former governor has to tell Nigerians what his party, PDP could not do while in office for

16 years that he is coming back to correct.

Lamido had declared yesterday that he would contest for presidency on the platform of the PDP in 2019.

However, while reacting to the Lamido’s declaration yesterday at the national Secretariat Abuja, Okechukwu said Lamido has a constitutional right to run for the office but he must save Nigerians all form of sentiments.

“Why not as long as the person saved us the agony of not telling us that the South has been marginalised or the north has been marginalised then we are on the

same berth. It is now incumbent on him to tell us his programme what he want to do that PDP did not do in the last sixteen years or whether for him, PDP did so well, if he tells us the PDP did so well, then we have enough armour and arms to confront him with.

“The most important thing is that he has the constitutional right to run for the office and if he is running for the office, he helps the Nigeria situation.

Number one, he will not deal with the issue of ethnicity and religion, he comes from the same ethnic background with President

Muhammadu Buhari.

“So at lease he has killed the two fault-lines. But then we should now know what is coming with, we will like to hear from him further what are his agenda, but anybody that parties along that line, he has save the Nigerian people the headache of ethnicity and religion I welcome that as a person because that is why the issue of the convention of zoning whether written or unwritten means.”

The APC chieftain, however, said it is not too early for anyone to start planning for the 2019 general election.

T H I S D AY TUESDAY APRIL 26, 2016

This is our story Celebrating A Decade Of Achievements...

Embracing A Future Of Possibilities

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T H I S D AY • TUESDAY, APRIL 26, 2016

COMMENT

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

BUREAUCRATIC WASTE IN A SEASON OF SCARCITY Emmanuel Ojeifo argues there is still much extravagance in government

H

as anyone tried to see a video footage of the most powerful president in the world alighting from the cabin of Air Force One on his return from a foreign trip or a tour around the United States of America?

Many of such videos are available on YouTube.

Usually, President Barack Obama lands at Andrews Air Force Base, Maryland, just a few miles outside of Washington, DC. This is so for two basic reasons. The Air Force base has better security and has an airfield large enough to accommodate the presidential jet, a Boeing 747. He then hops into a helicopter to the White House.

On arrival at Andrews Air Force Base, the Air Force Commandant welcomes the president and escorts him into the helicopter, which takes him to the White House. It is a different matter when the president goes on tour around the country, where he is expected to greet people and make public speeches. On these occasions, his plane lands at a commercial airport or at a military base where political leaders make him welcome. Usually President Obama carries his own briefcase.

In Nigeria, it’s a different ball game. On every trip outside of the Presidential Villa to the airport, a retinue of staff with siren-blaring motorcades accompany President Muhammadu Buhari. A number of ministers, personal and domestic assistants and security chiefs line up at the airport to receive a handshake from the president as he moves to board the Nigerian Air Force presidential jet. On a more flamboyant trip, the Brigade of Guards is mounted at the presidential airstrip.

The president’s ADC is seen carrying his principal’s briefcase. On his return trip, it is almost the same airport protocol that is observed.

If you are unfortunate to be on the Airport Road (which has been honorifically renamed as “Umaru Musa Yar’Adua Expressway”) whenever the president is travelling out of the country, you will be grounded until the presidential convoy has come and passed.

Sometimes, commuters spend upward of one hour waiting in a long traffic just to let the president’s motorcade have an easy passage before the gun-wielding policemen and soldiers release them. It doesn’t matter who you are or what has brought you out on the road. The president’s ease of movement is more important! Rightly so, but have we ever given a thought to the collateral effect such unnecessary delays on the highway have on people’s work and businesses? Sometimes, the overzealous manner in which the security agents exercise their duty of mounting these roadblocks leaves a lot of commuters disaffected with convoy-driven political leaders.

In his article, “One Week in Abuja” published in The Guardian newspaper of April 18, 2016, Ambassador Patrick Dele Cole bemoaned the inconveniences caused by presidential movement on local airport flights. Such controls mean that, “if your flight has not taken off, then it cannot leave until the president’s plane has landed or passed.

Sometimes the delays are for hours… once it starts the backlog gets

NO GOVERNMENT HAS COMPLAINED ABOUT SCARCE RESOURCES LIKE THE PRESENT ADMINISTRATION, YET THERE IS A BRAZEN LACK OF COMMITMENT TO CUT COST, BLOCK WASTAGE AND REDUCE FRIVOLOUS BUREAUCRATIC SPENDING IN AREAS WHERE SENIOR GOVERNMENT OFFICIALS SHOULD LIVE MODESTLY

worse and worse during the rest of the day causing more miseries and inconveniences.” His submission bears the real touch of truth: “The president works for us. Yes his life must be protected but not at the inconvenience of the public.” Earlier on, he asked: “Has anybody worked out the man hours lost by these restrictions and the cost to the nation?”

In an era so much touted as the season of change, one naturally expects that the president and his men would conduct the business of statecraft differently. We are living through tough times. No government has complained about scarce resources like the present administration, yet there is a brazen lack of commitment to cut cost, block wastage and reduce frivolous bureaucratic spending in areas where senior government officials should live modestly. Apart from the noise pollution generated on the Airport Road by the huge traffic of sirens and motorcades, the waste of resources in terms of wear and tear on official vehicles, maintenance cost, petrol, and the man-hours that should be channelled into more productive activities by these senior government officials are symptoms of the failure to think outside the box. Come to think of it, these senior government officials simply accompany the president to the airport just to “show their face” and receive a handshake!

I believe that the All Progressives Congress (APC)-led government rode to power on the crest of banishing the “business-as-usual” mentality that has come to define public governance in Nigeria. In this light, President Buhari should put an end to this systemic waste of public resources by building a personal policy for governance marked by an extraordinary combination of visionary idealism and sober realism with respect to presidential protocols. The fixation on excessive bureaucratic protocol at the expense of government efficiency hurts the moral sensibilities of Nigerians. There should be absolutely no reason why a retinue of security chiefs, ministers, senior government officials and domestic assistants to the president should all line up at the presidential wing of the airport just to have a handshake with the president. Even the most powerful president in the world dispenses with such protocol. It is unnecessary.

The truth is that it is only when the president is able to impose this measure of austerity on himself that he will have the moral courage to get his men to toe the line of simplicity and frugality in their public conduct. This is an area where a little “change” will endear “the change government” to the hearts of the people. The change must start from within. Everything comes down to how a leader perceives his mission in public office. Political history has shown that whenever political office rests on the flamboyance and fascination of power, it invites the arrogant assumption that government is there to rule rather than to serve the people.

Ojeifo is a Catholic priest of the Archdiocese of Abuja

CULTURE AND TOURISM IN A DIVERSIFIED ECONOMY

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If properly harnessed, there is so much potential in the culture and tourism sector, argues Isioma Dogo

he nation’s economy has given Nigerians cause for concern in recent years. One does not have to be a professor of economics to recognise that there is a desperate need for an intervention.

Different solutions have been proffered to the issues plaguing the economy. Several have been tested with little or no respite. But one solution has been mooted by experts for years, yet it has not been given very much attention until now. It is the issue of diversification.

In the past few years, there has been a lot of buzz about diversifying the economy, which in the most simplistic terms, is ensuring that an economy has several profitable sectors. To many Nigerians, diversification is a strange new word. Many have never known the nation to derive revenue from anything other than crude oil, or any region other than the Niger Delta. Tales of groundnut pyramids, rubber plantations and cocoa farms are to the youth, mere myths, and to the adults, a fading memory.

In actual fact, before the 1970s, most of Nigeria’s revenue was from agriculture. After the discovery of oil, the natural progression should have been to discover and develop other viable means of making money for the country, to provide security and stability, such that if one stream of revenue starts to dwindle, the economy would not be left in the lurch.

Sadly, the agriculture sector was all but abandoned and with it, the hopes for developing and nurturing other sectors.

Fast forward 40 odd years down the line. Sharp fall in oil prices and big hits to Nigeria’s economy occur, threatening to cripple the giant of Africa.

The country was thrust into a downward spiral, causing a hike in prices of commodities and affecting the quality of life of the common man. It was the German philosopher, Friedrich Nietzsche who said: “what doesn’t kill you makes you stronger”. Apparently, he was spot on. The fall in oil prices took a huge toll on our economy but it was a blessing in disguise because it finally forced the government to

see clearly and look beyond crude oil to stabilise the economy and reduce the climbing debt burden. The power of the black gold held us firmly in its grip such that our leaders could not think outside the box for many years.

In 2014, oil-rich countries in the Gulf met to strategise on how best to diversify their economies and further strengthen them by generating income from non- oil commodities. Saudi Arabia, one of the participating countries, ranks top among oil producing countries in the world. It is also said to have about 100 years of petroleum reserves. Nigeria on the other hand, is estimated to have roughly 45 years of oil reserves. If Saudi Arabia with a century’s worth of uninterrupted oil reserves could be interested in diversification, Nigeria with less than half of that should be concerned and doubly so.

Nigeria is an extremely beautiful country. It has the largest population of black people in the world.

The diverse wildlife, sandy beaches, intriguing caves, majestic waterfalls, remarkable solid rock formations, exotic flora, warm and cold springs, dusty deserts and grassy hills combine with the outstanding peculiarities of people from over 500 distinct ethnic nationalities, languages and cultures.

Evidently, Nigeria is a tourist paradise; a culture goldmine. The richness and diverseness of Nigerian folklore, cuisine, languages, music, literature, dances, fashion, architecture, craft and movies are astounding and steadily gaining worldwide popularity. Her rich natural and human resources and relevance on the African political and social landscape make her a prime destination for conferences, sports, agro and eco-tourism.

Tourist attractions in Nigeria range from sites like Erin Ijesha Waterfalls in Osun State, Ibeno beach in Akwa Ibom State, Ikogosi Warm Springs in Ekiti State, and the purported grave of the Queen of Sheba in Ogun State, to carnivals held yearly in Abuja and Calabar. Other special programmes like Argungu fishing festival in Kebbi and the Durbar parades in Kano are spectacular.

It is a known law of nature that anything you do not nurture, dies. Anything you do not use, depreciates. Much of Nigerian culture is at risk of annihilation if drastic measures are not put in place to promote it. Unfortunately, several Nigerian languages are already dead, having no existing speakers at present. Languages such as Kpati (Taraba State), Auyokawa (Jigawa) and Ajawa, Kubi and Mawa (Bauchi State) have atrophied. Other more popular languages are often adulterated with English to such a degree that within a few years, without an active intervention, extinction is imminent.

There ought to be a cultural revolution in Nigeria where Nigerians recognise the value of their heritage and rise up on all levels to protect it, individuals and leaders in government alike. A sales person must be convinced about the quality of his product before he can effectively market it. In the same vein, only when we are passionate about our heritage can we sell our culture to the rest of the world.

Much of the western world is intrigued by African art and culture. People pay good money to view African art on display in different museums and galleries around the world. African art is increasingly being considered as good financial investment. In 2013, the works of prominent Nigerian artist, Ben Enwonwu, sold for 361,250 pounds in London.

The art sector in Nigeria is gradually gaining more appreciation than it has in previous years.

Tourism is one of the fastest growing economic sectors in the globe. Countries like Macau and Aruba, survive majorly on proceeds from their culture and tourism industry. According to the United Nations World Tourism Organisation (UNWTO), the direct economic contribution of travel and tourism worldwide amounted to US$2.16 trillion in 2013.

This indicates that tourism is a huge industry that has been untapped and grossly underestimated in Nigeria.

Repositioning and revamping of our culture industry will transform our tourist destinations to having the same outstanding standards of quality

and appeal as the finest abroad. The number of Nigerian families who holiday in exotic destinations overseas will reduce considerably as they opt to spend their vacations in the country. Tourists will also be drawn to our shores. The resulting revenue generation and impact on international commerce will be staggering.

President Buhari’s administration has shown interest in diversifying the nation’s economy by developing the culture sector. Several state governments including Delta and Cross Rivers have also caught this laudable vision.

While the Federal Ministry of Information and Culture and its parastatals are doing great work, a lot still needs to be done to better position the culture industry to replace oil as a foreign exchange earner. Effort must be made to identify, cultivate and promote the nation’s numerous tourism prospects.

Support must be given to existing culture industries and institutions and new ones must be opened across the country. Policies must be put in place to ensure that set goals are achieved with ease.

Infrastructure must be fixed and youth restiveness and insecurity, dealt with. Environmental issues like deforestation and erosion must be tackled to restore the lost aura of affected areas. Experts must be called in to conserve and restore all historical sites and monuments presently in disrepair.

Huge investments must be made in art education to create opportunities for people with creative inclinations. Government must be the biggest promoter of Nigerian art. Massive media campaigns must be drawn up to create awareness on the benefits of the industry.

Promotion of Nigerian indigenous languages is paramount. Documentation of our history and culture must be taken seriously. The Chinese civilisation has documented history dating back several thousands of years.

Dogo, an architect and culture analyst, wrote from Abuja

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T H I S D AY • TUESDAY, APRIL 26, 2016

EDITORIAL TIME TO END THE 2016 BUDGET IMPASSE The earlier the dispute over the budget is resolved, the better for all

M

ore than four months after President Muhammadu Buhari presented the 2016 Appropriation Bill to the National Assembly for approval, and almost midway into the second quarter of the year, the budget is still enmeshed in controversy.

Even though there is no official word from the presidency, there are telltale signs that both the executive and the legislative arms of government are still squabbling over the details. Yet, muscle flexing at a time many Nigerians are in distress and with a serious cash crunch in the economy is counter-productive, especially since implementing the budget, with the release of capital votes for different projects, can change the current narrative.

The shameful controversy started in January when the Senate Leader, Ali Ndume, told his colleagues that the hard and soft copies of the 2016 budget President Buhari handed over to the National Assembly on December 22, 2015, was missing. He stated further that deliberation on the budget could not begin until fresh copies of the documents were obtained THE ENTIRE COUNTRY from the presidency or SHOULD NOT BE MADE the Ministry of Budget TO SUFFER AS A RESULT and National PlanOF WHAT IS BECOMING A ning. The Chairman, POWER STRUGGLE ON AN Senate Committee of ISSUE THAT HAS DRAGGED Appropriation, Senator ON FOR FAR TOO LONG Danjuma Goje, was subsequently mandated to lead a search for the document.

No sooner had the presidency admitted that the budget was withdrawn and a revised version represented to the National Assembly, the Appropriation Bill stumbled into another bout of controversy when the heads of ministries, departments and agencies of government started distancing themselves from their budget subheads on the grounds of padding, inconsistencies and embarrassing errors that could not be explained.

Against the background that it was budget tinkering that instigated the current crisis in Brazil for which President Dilma Roussef stands the risk of losing her

Letters to the Editor

office, we wonder why the scandal surrounding the 2016 budget in our country is being treated as an administrative lapse. It is a serious crime which has reared its ugly head repeatedly over the years and must be dealt with once and for all. In 2005, a minister, a senate president and some of their colleagues who allegedly collected money to inflate the budget of the education ministry were charged to court for corrupt practices. The case was delayed for years but the Supreme Court has directed that the trial be continued.

Accordingly, unless members of the so-called budget mafia are fished out and prosecuted, this problem will continue.

N 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.

THE FCT AREA COUNCIL ELECTIONS

O

nce again, the just concluded area councils elections in the Federal Capital Territory has demonstrated that we now live in a new Nigeria where impunity has no place, where things are done right or near right and with no one arrogating to himself the power of the state. Democracy thrives when people can freely choose from the range of elective choices available to them. President Muhammadu Buhari believes that is the right thing to do and expects everyone to do so, especially those that work directly in his government. This was amply demonstrated by the FCT minister, Alhaji Mohammed Musa Bello in the councils election recently conducted in the FCT. Rather than interfere and guide the outcomes of the election, the minister went about the exercise with a calmness and invisibility that amazed observers.

Unlike in the past, when elections were marked by controversies and electoral mysteries, the recent election was peacefully, fair and credibly conducted.

The minister, just before the elections, enjoined Abuja residents to go about the elections with a sense of civic duty and without fear of intimidation.

The commendable action saved the capital city from the inconvenient rancour and bitterness that hitherto trailed elections in the FCT. Mr President himself set an example of non- interference in

ow, the story is that President Buhari is withholding his assent because of areas of concern in the document for which he is demanding adjustments. Noteworthy is the Lagos-Calabar rail project considered as a critical infrastructure focus of the administration. The National Assembly reportedly removed it from the bill even though there were several claims and counter-claims on what exactly happened.

As things stand today, trading blame cannot be a solution to the problem at hand. Neither the executive nor the National Assembly can claim any moral high ground given the untidy manner in which the issue has been handled from the beginning. Besides, the entire country should not be made to suffer as a result of what is becoming a power struggle on an issue that has dragged on for far too long.

From all indications, we believe that the option left is for some form of compromise between the executive and the legislature so that Nigerians can put this unfortunate issue behind them. It is indeed a shame that the budget for 2016 is still being discussed when a third of the year is already gone, raising questions about its implementation. Yet what is obvious from the whole controversy is the clear division within the ruling All Progressives Congress (APC) that has the majority in both chambers of the National Assembly. Ordinarily, this is an issue that should have been sorted out through consultations.

We hope the leadership of both the executive and the legislature will sit down to quickly resolve whatever the differences are so that the implementation of the 2016 budget can begin apace.

constitutional matters, including elections that have been conducted under his watch and no place was the President message of official neutrality better echoed than the FCT. It is instructive to point out that democracy is as much a part of our life as a fragile process that can only be nurtured to fruition through virtuous ideals and the resolve to cast aside the temptations to yield to self-serving interest. Nigeria must take significant steps to deepen democracy and set the pace for the rest of sub-Saharan Africa if the continent must rise up to its destiny. It is for this that everyone who values objectivity will not hesitate to note that only history can measure the true value of what President Buhari and his cabinet have set to do for our great country. Notwithstanding the fact that there are challenges to overcome for the nourishment and preservation of our fragile nation vis-a-vis democracy, there is need for people to remain firm and committed to the change agenda. It will be a sad day for our nation if we allow the transitory hardship we experience today deprive us the chance to enjoy the lasting promises of the future. But to get there, certain fundamentals must be dealt with on the basis of the priorities lest we built a fabulous edifice on a shaky foundation as was our lot in the past.

Jamila Musa, Abuja

HERDSMEN AND THE GRAZING COMMISSION

I

t was tears recently at Agadama-Uwheru community in Ughelli North Local council of Delta State as one of the 31 persons killed by suspected Fulani herdsmen, Stephen Omamuge Ajaita, was buried.

The victim, a father of three, was one of the 31 persons killed between 2012 and 2015 by suspected Fulani herdsmen in Uwheru kingdom.

He was said to have been shot severally in the head with an AK 47 rifle as he and other persons tried to ward off the herdsmen from their farms.

Meanwhile in a bid to end the incessant murders and “clashes” between herdsmen and farmers, the federal government is proposing to pass “The Bill for an Act to Establish the ‘National Grazing Route and Reserves Commission’ - to establish and control grazing routes and reserves in all parts of Nigeria.”

The bill if passed into law shall empower the commission to take any land in any part of Nigeria it deems fit for ‘purpose’; purpose being the provision of forcefully acquired land for the well-being of the cattle owned by private businessmen, a business dominated by our beloved president’s kinsmen - the beautiful

Fulani ethnic group.

However, it is to be noted that those whose lands are “taken” shall be given compensation on terms to be independently determined by the “Grazing Commission”. Any person or group of persons aggrieved by the expropriation of their land, shall be required to seek the permission of the Attorney-General of the Federation (an appointee of the President) before seeking legal recourse.

In the event such a warrant is somehow miraculously secured, the judgment of any court of competent jurisdiction (to which redress is sought), shall be subject to the ratification nay approval of the Attorney-General of the Federation before it can be executed.

Thus, without the permission of the AGF, no Nigerian shall or can challenge the forceful take-over of their land by the commission for the benefit of these private businessmen and their precious cattle, if this nationalistic bill becomes law.

We salute the efforts of the current administration to address this long-lingering problem, may wisdom be granted them in the discharge of their duties.

Joseph Amasike, Abuja

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T H I S D AY • TUESDAY, APRIL 26, 2016

POLITICS

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

EXECUTIVE BRIEFING

Aregbesola’s One-man Show Sixteen months after assuming office for a second term, Governor Rauf Aregbesola of Osun State has continued to run his government without a cabinet, the same way he did in his first term. Yinka Kolawole examines some of the factors responsible for his penchant for operating as the sole administrator and the ways it has shaped governance in the state

F

or some months now, Governor Rauf Aregbesola of Osun State has refused to appoint his cabinet members because the economic status of the state cannot afford to maintain commissioners, although a majority of his immediate past commissioners is still being used as consultants to execute one or two projects in the state. In fact, most people thought the idea is not too good because the governor might have inadvertently denied others the chances of serving the state.

People have also been asking such questions like, how can Aregbesola take decision without the State Executive Council being put in place?

Yet, indications are that the governor might not appoint his commissioners till after two years of his re-election in November 2015 due to various crises bordering on inability to pay workers’ salaries, and fund capital projects among others.

Since 2014 that Aregbesola dissolved the cabinet before his re-election, any persuasion to appoint those that will assist with the task of the state has always been futile due to paucity of funds as occasioned by the drop in the federal allocation accruable to the state.

Unfortunately, it has been difficult for some people in the state especially those of the opposition PDP to believe that the governor’s reluctance to appoint commissioners was due to lack of funds because the same thing happened, during his first coming in 2011, when he did not appoint commissioners seven months after assuming office.

Aregbesola...it’s a one-man show for now

However, people have begun to realise that Aregbesola has been trying to adopt the same style he deployed to use during his first coming by delaying the composition of his cabinet for a very long time as most of his former commissioners are now being used as consultants to the government…

Many of them, not only representing the state government at functions, also enjoy certain privileges as they still go around with official vehicles and living in government quarters

The PDP under the state chairmanship of Chief Ojo Williams suggested names of people, who they reckoned were qualified to serve as commissioners in the then Action Congress of Nigeria (ACN) as they reminded him that the offence of Alhaji Balarabe Musa for which he was impeached as governor of the old Kaduna State in the Second Republic was that he did not appoint commissioners five months after assuming office.

However, people have begun to realise that Aregbesola has been trying to adopt the same style he deployed to use during his first coming by delaying the composition of his cabinet for a very long time as most of his former commissioners are now being used as consultants to the government.

Many of them, not only representing the state government at functions, also enjoy certain privileges as they still go around with official vehicles and living in government quarters.

When complains increased at the beginning of this year, Aregbesola announced the merging and streamlining of ministries as if he was ready to announce his cabinet in January.

But three months after the January date, the governor has not at any occasion mentioned anything pertaining to commissioners, even as the people and the opposition’s attention had been shifted away from the discussion.

The only thing the governor did instead was the announcement of 31 new Local Council Development Area, three Area Councils and two administrative offices with the existing 30 local governments. But as it stands now, only

the appointments of the Secretary to the State Government (SSG) and the Chief of Staff have been made and there is no sign that any more appointments will be made anytime soon.

What Do the People Think?

An Osun State-based Civil Society Organisation (CSO), the Civil Societies Coalition for the Emancipation of Osun State (CSCEOS) has strongly condemned the governor over the non-constitution of members of the State Executive Council (SEC) for over eighteen months.

The groups noted that the non-constitution of the cabinet has constituted an impediment to the progressive governance of the state since Aregbesola’s second term in office.

The group also described Aregbesola as a serial and pathological liar, who always lies over the governance of the state since his assumption of office in November 2010 and after the November 26, 2010 verdict of the Justice Clara Ogunbiyi-led Court of Appeal in Ibadan, recalling that Aregbesola promised to constitute his cabinet

by January this year.

The CSCEOS’ leadership, Comrade Adeniyi and Alimi Sulaiman told THISDAY in Osogbo, the state capital, that Aregbesola has failed to name the members of his cabinet since he was re-elected, rejecting the excuse put forward that it was due to the present financial constraint of the state.

Sulaiman lambasted Aregbesola for ruling

the state like a sole administrator for over 18 months, lamenting that the non-constitution of cabinet has been seriously affecting the growth and development of the state and advising him to do the needful without further delay.

The rights activist maintained that the state was facing financial crisis, as a result of mismanagement and recklessness of Aregbesola’s administration, explaining that the governor has contradicted the provision of the amended 1999 Constitution of Federal Republic of Nigeria as enshrined in Section 14 and 192 to 196, where the state should be governed with the principles of democracy and social justice.

Sulaiman, who further alleged that Aregbesola began his fraudulent activities with the increment of the wage bill of workers, retirees and political office holders alike from N1.3 billion to N3.6 billion, when no fewer than 5,000 workers had retired voluntarily from the service in December 2012, as a result of the Pension Contributory Scheme policy of the federal government, maintaining also that Aregbesola did not constitute the members of his cabinet for a period of eleven months and still claimed the same amount of wage bill in the period.

“The private investigation conducted by the members of our coalition revealed that the average monthly earnings of the state between the year 2007 and November 2010 was N1,969,622,514.25, while the average monthly earning income of the state between the years January 2011 and December 2014 was at N3,050,074,327,25 and these figures represent Osun’s earnings from the Federation Account alone and does not include that of Excess Crude Oil fund of N61.7 billion, SURE-P: N14.4billion, Universal Basic Education Commission (UBEC) Fund: N13.9billion, Internally Generated Revenue (IGR) fund: N43.6billion, Value Added Tax (VAT) Ecological Fund and Millennium Development Goals fund (All for the period of 2011 to 2014 courtesy of budgIT, oagf and fmf)”.

The governor, instead of constituting the State Executive Council, announced new LCDA, saying it would help form the basis for improved Revenue generation in the state. Recall that Osun State House of Assembly noted that the new LCDA, Area Councils and Administrative Offices announced by Aregbesola were exactly as approved by the house.

In a statement by the Chairman, House Committee on Information and Strategy, Hon. Olatunbosun Oyintiloye, the assembly commended the governor for taking the bold step in spite of the present economic situation in the state.

It said with the announcement of the new councils, the doubt over the possibility of the commitment of government to bring government closer to the people has been erased. This action, it said, would further enhance development at the grassroots levels across the state. It noted that in the processes of approving the proposals for the new council, all the legal processes were strictly followed.

The Assembly had last year approved a bill for the creation of additional LCDAs, Area Councils and Administrative offices. The Assembly then called on the beneficiary communities and their environs to support the administration of the new councils in their territories, with a view to ensuring their sustainability. This, he said, was the only was the intention of the government to bring governance closer to the people.

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T H I S D AY • TUESDAY, APRIL 26, 2016

UPDATE&TRENDING

Bello (r) with Ametuo...when the going was good

In Bello’s Kogi, Things Get More Complicated The vote of no confidence recently passed on Governor Yahaya Bello of Kogi State by a faction of the state chapter of the All Progressives Congress has pitted the chairman of the party, Alhaji Hadi Ametuo against the governor and his supporters, thus compounding Kogi’s uneasy calm. Yekini Jimoh writes

A

ftermath of the ‘no confidence vote’ passed on the Kogi State Governor, Alhaji Yahaya Bello by the State Chairman of his party, Alhaji Hadi Ametuo and 37 other executive councils of the party has opened new grounds for a festering of the crisis. There was a counterbalance to the attack last week as the governor too secured the support of other members of the All Progressives Congress (APC) in the state.

It was a shock to the governor and his supporters that some factional members of the party wrote to the National Secretariat and passed a ‘vote of no confidence’ on his two months administration. THISDAY reliably gathered that the governor was surprised in the sense that the Kogi State Chairman of APC, Alhaji Hadi Amatuo is also his kinsman.

Sources close to the governor hinted that after the ‘vote of no confidence’ was passed, the governor knew the implication and stormed the National Secretariat of the party, where he held a closed-door meeting with the National Chairman of the party, Chief John Odigia Oyegun. In that meeting, Oyegun was said to have informed the governor on the need to carry everybody along in the state.

He was said to have spoken his mind by telling the governor the danger present in the development if he allowed himself to be misled by a few individuals in the party. But back home in Kogi State, the governor is already getting more support from other party members to whittle the effect of the no confidence vote passed on him by the party.

One of such groups is the Kogi State Coalition of APC Support Groups. Addressing newsmen at the Nigeria Union of Journalists (NUJ) press centre in Lokoja, leader of the group, Dr. Yakubu Ugwolawo, urged the warring camps in the

party to give peace a chance.

Expressing concern over the ongoing media war by the various groups, the coalition called on the national leadership of the party to quickly ease in and avert unforeseen consequences.

“We, therefore, feel deeply obliged with the

Ayo said at the last state Exco meeting of APC in Lokoja, the issue of no confidence vote was not discussed, lamenting that what happened few days ago clearly showed that the enemies of progress were working for Hon. Abiodun Faleke and his cohorts. He pointed out that Governor Bello’s style of leadership has liberated the youth in the state from the misconception by elders that the youth should not be given the chance to grow

responsibility of crying out to all individuals concerned, particularly the national leadership of the party to initiate all available processes needed to bring the party and its government to a cordial and positive relationship for the pragmatic development of the state,” they said.

Ugwolawo said while they were not apportioning blames, allegations on the pages of newspapers and electronic media were like washing their dirty linen in the public.

“We, therefore, feel highly concerned that we should comment on the issues bordering on the recent ‘vote-of-no confidence’ said to have been passed on His Excellency, Alhaji Yahaya Bello, the executive governor of Kogi State, by the state executive committee of the All Progressives Congress, led by its chairman, Alhaji Haddy Ametuo.

“While we may agree with some of the issues raised by the state executive council, we are saddened by the hasty nature with which a strictly family affair has been blown out of proportion without exhausting all the available options within the party structure and organs meant for resolution of such disputes.

“Clearly, the externalisation of the disputes within the party will cause more damages than yield any fruitful result, especially now that the party is burdened with legal, political and economic challenges from within and outside,” he added.

Similarly, Stakeholders and Elders of the APC in Adavi Local Government Area of Kogi State have vowed to suspend the embattled chairman of the party, Ametuo and Senator Mohammed Ohiare following alleged attempt to smear the name and office of the governor with the purported vote of no confidence letter written to the National Secretariat of APC. The Secretary of the party in the local government, Comrade Banabas Oyibo, who addressed

the teaming supporters and party faithful after the stakeholders meeting, also dissociated himself from the purported publication in some national dailies that Adavi people are not in support of the governor.

He said the local chapters were seriously disturbed by the anti-party activities of their sons, who supposed to be good ambassadors of the Ebiras and the entire senatorial district.

“We have put machinery in motion to investigate them and once the report is out and they are found guilty, we will suspend them outright from our party because they have brought shame to our land,” he stated.

One of the Chieftains of APC, who spoke at the crowded meeting at Ogaminana, the headquarters of the Local government, Alhaji Abdulmumuni Okara said the council has produced eminent politicians in the past and as well suffered untold hardship occasioned by the incessant political crises, saying the people of Adavi cannot afford to pass through another round of crisis.

Okara, who vehemently appealed to the stakeholders to call the duo of Ametuo and Ohiare to order, stressed that their actions were against the progress of Ebira people and was capable of causing endless crises in Adavi and the entire land.

Okara, who is Special Adviser to the governor on MDGs appealed to the party supporters and loyalists to always work harmoniously and give their unalloyed support to the governor to enable him transform the state.

The Local government council chairman, Alhaji Salihu Adaviriku, at the event described the governor as a man of transparent character. He said he has done creditably well by granting local government autonomy, fighting the dreaded ghost workers syndrome, rehabilitation of Ekuku CONTINUED ON PAGE 18

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T H I S D AY • TUESDAY, APRIL 26, 2016

UPDATE&TRENDING IN BELLO’S KOGI, THINGS GET MORE COMPLICATED dam as well as construction of Agassa/Upogoro road. He stated that the APC caucus is soon going to pass a vote of confidence on the governor urging the duo to stay clear in order to avoid the anger of the masses against them.

In Okene, the heart of Ebira Land, the political appointees from the area said Governor Bello, in keeping to his principle of equity and fairness has spread appointment to four different districts of the local government and is determined to bring the dividends of democracy to all parts of the state. They therefore wondered why a few individuals in the area were opposed to the good intentions of the governor.

The appointees said they would not sit and watch some selfish politicians destroy the blessing God has brought to them in the person of the governor and enjoined party faithful to spread the good work the governor had already started.

They assured the people that all the antics of self-seeking politicians would be resisted and enjoined right thinking people of Ebiraland to rise in support of the governor, whose desire and focus was to see a new Kogi State.

The APC stakeholders said the solidarity meeting was to demonstrate their support for the present administration to enable it actualise its lofty programmes for the people of the State.

Also, Kogi State chapter of the Association of Local Government of Nigeria (ALGON) has commended Bello on the positive steps so far taken by his administration, which has put the state on the part of progress and development.

The group also passed a confidence vote on the governor, describing him as God sent to the people of Kogi.

The chairman of Lokoja local government, Alhaji Aliyu Baba Usman, who doubles as the Secretary of ALGON in the state, called on the people and other organs concerned in the ongoing crisis not to create distraction for the governor, who they said was determined to reposition various sectors of the state for optimal performance.

They particularly lauded the governor for his all-inclusive appointments which they noted cuts across every parts of the state, the ongoing screening exercise aimed at sanitizing the civil service for greater productivity.

Other achievements of the governor, according to the group, include the recent mobilisation of contractors to site, particularly the rehabilitation of the Lokoja township road, which was abandoned after the elections and other reforms of his government. The Secretary of ALGON equally promised that the body gives their unalloyed support to Bello’s administration to succeed in the task of building a better Kogi State that will be the pride of all.

Furthermore, APC youths in the state have unanimously passed a vote of confidence on the leadership of the governor. Addressing a cross-section of APC youths from the 21 local government areas of Lokoja, the state youth leader, Mr. Emmanuel Ayo cautioned the youths against the antics of some people in the state, who will hide under the canopy of the party to cause crises.

The group also berated a few of the party’s executive members in the state, who claim that the governor has not done well in the last two months of assuming office.

Ayo said at the last state Exco meeting of APC in Lokoja, the issue of no confidence vote was not discussed, lamenting that what happened few days ago clearly showed that the enemies of progress were working for Hon. Abiodun Faleke and his cohorts. He pointed out that Governor Bello’s style of leadership has liberated the youth in the state from the misconception by elders that the youth should not be given the chance to grow.

The group however unanimously passed a vote of confidence on the governor and called on perpetrators of evil in APC in the state to have a rethink, saying “Kogi is our state and we cannot afford to allow those who have held the state at the jugular to cause more destruction at the detriment of the people.”

In their separate addresses, the youth leaders from central senatorial district, Mr. Ohiwe Abubakar; that of eastern district, Abdullahi Abdulrahman and western district, Mallam Mohammed Asuku Dauda said the youths were ready to sacrifise whatever it will take to protect and support the governor, saying Bello is an apostle of youth which he has shown in the few appointments he made so far.

“By the constitution of the APC, the governor is the state leader and it very wrong for anybody

Bello returning to his home town recently

to write a letter to the national body of the party passing a vote of no confidence on the governor. We the youth in the state will not accept any act to distract the governor from executing his good plans for the state and we are calling on the national body of the party to disregard the purported vote of no confidence.”

Another coalition of groups from the western axis of the state has also passed a vote of confidence on the member representing Kogi/ Koton-Karfe Constituency in the state assembly, Hon. Muhammed Zakari Osewu.

Apparently reacting to the threat by some section of the party leadership to recall Hon. Zakari in a statement in Lokoja, the groups enjoined the elders to steer clear of the unfolding scenario in the state assembly. The groups comprising Kogi APC Restoration Alert, APC Integrity Group and Unity Vanguard at an emergency meeting in Koton-Karfe, yesterday, said their position was as a result of the lawmaker’s commitment in speedily taking the area to enviable heights.

In a statement jointly signed by the president of Unity Vanguard, Hon. Aliyu Ibrahim and secretary of Kogi Restoration Alert, Usman Abubakar Babaohi and Salihu Abubakar Sadiq, the groups posited that those threatening to recall the lawmaker were working against the interest of the people of the constituency.

It further alleged that Governor Bello was after the lawmakers, who “refused to dance

Given the current hunger ravaging our dear state, one is not surprised to see the upsurge of state sponsored groups falling over themselves to give fake and ludicrous endorsements to an inept and drowning administration that has thrown civility to the winds in all facets of governance

to his tunes”, expressing the position of Hon. Zakari in seeking the nod of the people of the constituency in any crucial matter. The groups therefore warned those threatening the harmonious and peaceful co-existence amongst the people of the area to desist, stressing that they are prepared to lay down their lives to defend the mandate freely given to the lawmaker in last year’s general election.

It enjoined the teeming supporters and loyalists of APC in the area to remain calm and law-abiding, maintaining that those working against the interest of the people would be disgraced in due course.

Relatedly, executive council of APC in the state has called for the suspension of Ametuo for alleged misappropriation of funds and his anti-party activities in the state.

They alleged that Ametuo, in a letter addressed to the governor and dated 30th March, 2016, a copy of which was made available to THISDAY had requested for the sum of four million naira for the payment of two years office rent from January 2015 to December 2016, and staff salary for five months from November 2015 and March 2016.

The spokesperson of the group, Deborah Oyiza Isiguzo, who is the deputy woman leader of APC alleged that after collecting the sum of One million, three hundred and eighty thousand naira from the governor through her which she delivered to the chairman through the State Treasurer on April 2, 2016, the said chairman allegedly made away with the money and never settled the two years office rent nor paid staff salaries.

She also alleged that the state Chairman of the party, who has never convened the state executive meeting since he became the chairman in 2014, was sponsored from Lagos and Abuja to cause confusion, disaffection and disunity among the state executives and Kogi State at large.

According to her, the administration of Bello was just two months and some days in office, the state chairman should not expect miracles to happen, adding that he should also try to avoid dragging the names of the state executives to the mud for people of Kogi State and Nigerians at large not to see them as selfish and greedy set of people.

Speaking further, she disclosed that it has been discovered that the state executive meeting referred to in their publication was a pre-planned meeting by the Hon James Faleke group, adding that this later manifested in the speech of the zonal vice chairman East, Comrade Isa Daniel, who publicly declared that the entire nine local governments and exco members from Kogi East are for Audu/Faleke ticket.

The group, which commended the governor for his quality leadership in the state, noted

that since he became the governor, he has contributed greatly to the campaign of President Muhammadu Buhari, which led to the success of his election in the state.

She noted that for a state that has witnessed sixteen years of misrule and underdevelopment, is it a crime if the governor decided to bring Kogites from various places that can do the job to work with him. The group also noted that the appointment made so far by the governor is commendable as he spread the positions across the three senatorial districts of the state.

But Faleke has warned Bello to desist from using his name to score point. Faleke, a member of the House of Representatives, who spoke through the Director of Media, Audu/Faleke Political Organisation, Hon. Duro Meseko, wondered why the Bellos are still clueless to identify their problems, but always involving Faleke in their already established problem.

“For the umpteenth time, I am constrained to respond to the very hollow and ridiculous allegation by a negligible faction of ward and local government executives of the APC in Kogi State that Hon James Faleke was behind the vote of no confidence passed on Alhaji Yahaya Bello by the State Exco of the party last week.

“Given the current hunger ravaging our dear state, one is not surprised to see the upsurge of state sponsored groups falling over themselves to give fake and ludicrous endorsements to an inept and drowning administration that has thrown civility to the winds in all facets of governance.

“We hereby reiterate once again that Hon Faleke has no hand in the vote of no confidence passed on Yahaya Bello by more than 99 per cent of the State Exco! From what we know, the State Exco is peopled by patriotic men and women of integrity – men, who cannot be bought.

“Given the parlous situation in Kogi, where nothing seems to be working, the State Exco members have proven beyond reasonable doubts that they mean well for the development of the state and would not sell their conscience for a mash of pottage. The position of the State Exco is right now receiving rare reviews and commendations across the nation’s political space.

“For the young men and women being lured with elements of stomach infrastructure across the state to come to Lokoja to accuse Faleke of being behind Bello’s travails, we can only pity their ignorance, for had they known that it was their future that was being protected by men of goodwill across the state, they would have been more restrained and circumspect in allowing themselves to be misled. For the temporary tenant of Lugard House, time is ticking!” he added.

Some factions of the state APC executives have consistently identified the Faleke factor in the vote of no confidence in Governor Bello.

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T H I S D AY • TUESDAY, APRIL 26, 2016

PERSPECTIVE

Amosun’s Moment of Glory Although recognitions through awards are not his thing, you can’t but notice the change gliding across Governor Ibikunle Amosun’s Ogun State. Adejuwon Soyinka writes

H

e means different things to different people. To some, he is a workaholic. To others, he is the governor of the masses, a deeply passionate leader through whose arteries, the overall best interest of the people, flows just like blood. Yet to some others, he is a purpose-driven, prudent manager of human and material resources committed to permanently changing the look and feel of Ogun State through his Mission to Rebuild.

But from whichever perspective he is viewed, one thing is however constant and that is the fact that Senator Ibikunle Amosun as governor of Ogun State is one man, who constantly shies away from accolades, awards and recognitions in spite of the fact that his achievements in office in the last five years, easily recommend him for many of such.

“For me, awards and recognitions are best when they come after we must have left office and people access our efforts and achievements in office,” Amosun would say each time the subject matter is broached.

However, in spite of his near aversion for awards and recognitions, Governor Amosun, like a golden fish that his sterling performance in office has made him, has no hiding place. He is constantly, literally chased around with awards, accolades and recognitions for the unparallel record of achievements that he has garnered since he assumed office as the duly elected governor of Ogun State on May 29, 2011.

In a society, where many are known to pay and literally solicit awards, Governor Amosun has turned down several. It therefore came as a pleasant surprise, when some of us, his aides were able to convince him to be physically present to receive the 2015 Vanguard Personality of the Year Award, which he won in the Governor of the Year category and was presented to him on Friday, April 8, 2016 at the Eko Hotels and Towers, Lagos.

On a lighter note, I personally consider Governor Amosun’s decision to receive the Governor of the Year Award as a birthday gift since it was presented to him at a colourful event which the organisers had coincidentally scheduled on my birthday.

Beyond that however, it was also a welldeserved honour for a man who has done more than anyone before him to permanently change the fortunes of Ogun State and its people for good. In achieving this feat, Senator Amosun was deliberate and calculated.

Indeed, Ogun State is lucky to have had in him a leader whose emergence was not in any way accidental. He first served as a Senator having been elected in 2003 to represent Ogun Central.

By 2007, he tried to be governor but was adjudged to have lost the election by the powers that be then, although the people felt otherwise.

By 2011, the popular will of Ogun people was finally affirmed and Senator Amosun was sworn into office as Governor of Ogun State.

The first indication that he was prepared for the job showed in the five cardinal programmes he immediately rolled out as the focus of his administration. The programme was led by education. One was therefore not surprised, when his administration quickly proceeded to make education free and ensure that no child is left behind on account of his/her economic background. Tuition fees and all forms of levies in the state were abolished for all students in primary and secondary schools. In addition, the distribution of free textbooks to pupils of public primary and secondary schools by the Amosun administration also helped to ensure that education remains accessible for all. Not only did the Governor Amosun-led administration offset the outstanding WAEC fees it inherited from the previous administration, it also went further to consistently pay the (WAEC) fees for final-year students of public secondary schools in the state since its inauguration in May, 2011.

At the tertiary level, the Amosun administration significantly reduced tuition fees payable in all the state’s higher institutions of learning and paid bursary to 16,277 indigenous Ogun

Amosun...the kind of change they’ve never seen before

State students in all tertiary institutions in the country between 2011 and 2015.

Governor Amosun administration also provided critical infrastructure in the education sector. As at the last count, it has so far constructed 15 state-of-the-art model schools out of a planned total of 28 spread across the State. And these are not your regular schools. They are called Model Schools because they are designed to accommodate 1,000 students and over 200 teaching and non-teaching staff. They all come with boarding facilities as well as computers for virtual learning, modern science laboratories and other facilities.

All of these have been made possible partly because the Governor Amosun-led administration has consistently allocated over 20% of its yearly budget to education in accordance with UNESCO guidelines. It therefore did not come as a surprise that the administration won the 2015 Fafunwa Educational Foundation award, as the state with the highest percentage of budgetary allocation to education.

Knowing the place and importance of having a healthy population, Governor Amosun placed affordable and efficient healthcare delivery second on the five-cardinal development programme. In this respect, the Amosun-led administration for instance, upgraded the Totoro Primary Health Centre into a Comprehensive Health Centre.

Such Midas touch is not limited to Totoro PHC. It is to be replicated in the other Local Government Areas of the State.

Prior to the Amosun touch, the Totoro PHC was a three-room centre with an attached outpost structure used as antenatal care and reception area. This facility was demolished and replaced with the construction of a state-of-the-art one-storey building with a partial underground section. Equally currently enjoying the Governor Amosun touch is the Olabisi Onabanjo University Teaching Hospital (OOUTH) which can now boast of a state-ofthe-art Radio-Diagnostic Centre established through a Public Private Partnership (PPP) initiative. This Centre provides services such as multi-dimensional digital X-ray, ultrasound facility, telemedicine, mammography, fluoroscopy

and CT scan.

Little wonder that during the Ebola Virus Disease outbreak of 2014, Ogun State came out unscathed in spite of the risk presented by the numerous, yet porous borders that Ogun State shares with the West African sub-region and the fact that it is the gateway to all other parts of the country.

Today, the need to not only return to the cultivation of the land but also engage in agriculture value chain addition is one that is crystal clear to government at all levels in Nigeria. This is however one other area where the vision in Governor Amosun easily shines through. As soon as he assumed office in 2011, Governor Amosun made this a critical component of his five cardinal programmes in Ogun State.

The governor was driven by the proximity of Ogun State to a vibrant consumer market in Lagos and the West African sub-region and the abundance of land and labour within its territory. Therefore, since May 2011, 15,221 hectares of agricultural land has been allocated for the development of various crops and the raising of livestock, notably poultry. Priority crops include Cassava, Rice, Oil Palm, Cocoa and a range of vegetables. The Governor Amosun-led administration entered into an agreement with the Malaysian Ministry of Agriculture to develop a 500-hectare rice plantation, positioning Ogun State to help drive an important dimension of the national economic diversification efforts. It also developed farm estates for both crops and livestock, engaging young farmers within the state in Agriculture. The Owowo Model Farm Estate is a laudable example of this effort.

Today, thanks to the visionary leadership of Senator Amosun, Ogun State is the most industrialised sub-national in Nigeria. Statistics from the Manufacturers Association of Nigeria (MAN) indicate that Ogun State Industrial Zone Ranked 1st in 2014, while new investment into Ogun in 2014 was valued at N514.87 billion, an increase from 2013 investment of N376.57 billion and total Investment stood at N691.77 billion (74%) by the end of 2014.

A total number of 88 new factories have been commissioned between 2011 to date, thus bring-

ing the total number of factories in the state to 371. More than 100 companies made requests for land, while many others are at various stages of construction. In fact, in its latest economic review (2015), MAN said the production value recorded by the Ogun Industrial Zone accounted for 69 per cent of the total production for all zones, thus re-confirming Ogun as the industrial hub of Nigeria.

As the industries and foreign investors keep pouring in, the Governor Amosun-led administration was also clear ahead of time about the need to provide quality housing for them. This is why the provision of affordable housing is one of the five cardinal programmes of the administration. In this respect, a number of housing development projects have been completed, catering for a range of income levels.

These include HID Awolowo Housing Estate, Plainfields Estate and A.A.K Degun Estate.

There is also the President Muhammadu Buhari Estate situated on a 170 hectares expanse of land along the Abeokuta-Sagamu Expressway.

This estate is designed as a Site and Services scheme and is strategically located at less than two minutes’ drive from the main Abeokuta Township.

Equally critical to the Governor Amosun administration mission to rebuild Ogun State is the construction of major roads and bridges in the state, whose capital, Abeokuta, used to be described as ancient. Today, Abeokuta has shed the toga of an ancient city and now wears the robe of modernity. For this to happen, Amosun’s government constructed the Ibara-Totoro Road, the first international standard six-lane road in the state.

It built the flyover at Ibara, also the first constructed by any administration since the creation of the state in 1976. The first 10-lane boulevard, which begins at Sokori and opens up into the elaborate Itoku Bridge, is a stamp of modernisation affixed to the state capital by the current administration.

These developments are not limited to Abeokuta. In Ijebu Ode for instance, the Amosun-led administration constructed the Mobalufon overhead bridge. Other overhead bridges in Sabo, Sagamu, Lagos Garage in Ijebu Ode, Sapon and Iyana Mortuary in Abeokuta have been completed and commissioned while work is ongoing on those at Ijebu Igbo, Ilaro as well as five different bridges along the Sango-Ojodu road.

Within the Ogun West Senatorial District, the Governor Amosun-led administration is also constructing the longest road, cutting across four local councils in the area. The 107km Ilara-Ijoun Road is designed to put an end to the stress commuters often go through criss-crossing that area and linking up with the borders Nigeria shares with neighbouring Benin Republic.

Within Ado-Odo Ota Local Council area, the Governor Amosun-led administration is also responsible for massive reconstruction of the all-important Ilo-Awela Road and also modernised Ota environs through the construction of modern township roads. Indeed, the present day Ogun State, under the current government, is one huge construction site. And Governor Amosun is not done yet. “By the time we are through, we would have about 24 to 25 flyovers in Ogun State. Indeed, by December, we would have had 15 up and running in Ogun State,” Governor Amosun said recently.

Again, he is not stopping there. In fact, a little bird tells me that the action governor of Ogun State is also planning to expand the IBB Boulevard which directly leads into the state capital from Sagamu Interchange into a 10-lane super highway. Not only that, he also intends to bring his dream of having a fast rail transport system linking Ogun with Lagos into reality before the end of his tenure of office.

Now tell me, with all of these achievements, why wouldn’t Governor Amosun be literally chased around with awards, accolades and commendations?

-Soyinka is Senior Special Assistant on Media and spokesman for Governor Ibikunle Amosun

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TUESDAY, APRIL 26, 2016 • T H I S D AY

FEATURES

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

A Cry for Justice Odion Omoarebokhae, husband of late gospel singer, Yvonne Osifo, who died in a hotel room, has appealed to the Edo State Government to help unravel the circumstances surrounding the mysterious death of his wife, writes Adibe Emenyonu

Y

vonne Osifo is a gospel singer and married to Odion Omoarebokhae, a transporter and their marriage is blessed with a three year-old son.

Yvonne Osifo now Yvone Osifo Omoarebokhae, graduated from the Benson Idahosa University, Benin. Apart from singing, she is also a regular face on Facebook where she sends inspirational messages to her friends and fans. These inspirational messages have fetched her engagements to perform live in religious programmes.

However, things turned around for the worst for her when she met one Apostle Psalm Okpe of Fresh Oil Ministry on Facebook who she has been charting with for several months before both of them struck a deal for her to perform in his ministry.

The apostle according to Omoarebokhae appeared on April 7, 2016 after they have concluded arrangements for Yvonne to perform in Warri Delta State. With that enthusiasm, she departed for Warri with the Pastor Okpe but that was the last the family saw her alive as the Police in Benin invited the husband that his wife had an issue with someone in a hotel. He went there and saw wife her stone dead.

Immediately the new broke, the Edo State Police Commissioner of Police, Chris Ezike was reached and he confirmed the incident, saying the matter was under investigation, and that a post mortem examination will be carried out to confirm the cause of death.

His words, "It is under investigation. The man is married and the woman is married.

Not until a post mortem is conducted, we cannot conclude what happened. I have asked the matter to be transferred to the

My wife is a singer.

She goes out to minister and comes back. She went to minister in a church programme in Sapele on Thursday and at 9pm the following day, I was called to come to Airport Road Police Station that she has issues with some persons. I went and the police did not open up early until I threatened them. It was later, I discovered that Pastor Psalm Okpe that invited her for the programme has killed my wife

Late Yvonne

state CID." The police as gathered had performed the autopsy whose result is yet to be released. But the recent posting on Facebook, suggesting the woman died of cardiac arrest is giving the husband a cause to worry about.

This prompted the husband of the deceased to raised alarm alleging that her wife was killed by the pastor and called on Edo State government to carry out immediate investigation with a view to prosecuting anyone behind the death of his wife.

Omoarebokhae, who is 41 years, said his alarm stemmed from rumours making rounds that his wife died of cardiac arrest.

He said "Pastor Psalm Okpe who hailed from Benue State, last week invited my wife to perform at his church programme in Sapele, Delta State, before she was lured into a hotel in Benin upon return by the same pastor".

The bereaved husband also alleged that pressure has been coming from influential

pastors across Edo and Delta states for him to withdraw the case with the pastor for financial settlement. Omoarebokhae claimed that his wife may have been drugged by the suspect.

"My wife is a singer. She goes out to minister and comes back. She went to minister in a church programme in Sapele on Thursday and at 9pm the following day, I was called to come to Airport Road Police Station that she has issues with some persons. I went and the police did not open up early until I threatened them. It was later, I discovered that Pastor Psalm Okpe that invited her for the programme has killed my wife. Luckily, she has sent pictures of the programme to everybody.

"After the programme, she came to Benin.

How the Pastor managed to manipulate her to that place is what I don't understand. I have seen CCTv footage at the hotel. Initially the pastor said my wife went her way after the programme but we saw in the CCTv that

contrary to what he wrote, she actually slept in the hotel. I saw the CCTv immediately they entered, my wife was following him like a dog, like somebody without senses.

The next morning, Pastor came out of the room, stood by the door before going out.

He spent five hours outside. By the time he came back, he went to the reception to demand for his key hoping that my wife had left to die in her house. They told him that the key was not with them and that his key was with him.

They called the porter who brought the spare key and forced the door open.

Immediately the porter opened the door, he left and the apostle entered. He spent another one hour eighteen minutes with a lifeless body.

He went out again and the porter and other hotel staff were waiting for him. They asked him what was the matter and why the guest inside could not open the door after knocking severally. He said his co-minister

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• T H I S D AY TUESDAY, APRIL 26, 2016

FEATURES The police told me they met my wife fully dressed like somebody about to go out. They took her photographs like somebody taking a nap. I have seen my wife's body. There is no physical mark on her. From what I observed, she was given an overdose of substances that her system could not take

Suspect, Apostle Psalm Okpe

Late Yvonne with her three-year-old son

is unconscious. They asked him to wait and they called the police.

"The police told me they met my wife fully dressed like somebody about to go out. They took her photographs like somebody taking a nap. I have seen my wife's body. There is no physical mark on her. From what I observed, she was given an overdose of substances that her system could not take.

“She called me last the day she died at about 10am. She said they had finished

Apostle Okpe

performing and that she could not come that day and that she would be home soon.

I kept calling her and her phones were switched off. She is 30.”

Omoarebokhae said he doubts the sincerity of the IPO handling that case as the same police have been telling him to go and bury his wife. His words: "People have been calling me to try and bury my wife.

I told them that I did not sell her and I will not collect any money.

"The doctor told me that they have sent

the specimen to Lagos and awaiting result but I am now reading about reports claiming that she died of cardiac arrest.

"I want the law to follow the issue closely.

I never knew Apostle Okpe. My wife usually post morning devotional things in Facebook and from that he contacted my wife. My wife told me he sent her message. She goes out to minister normally. She was supposed to return that day. I was expecting her to come back that day.

"After the autopsy, the police called that I

should go and bury my wife but I refused.

I told them I was not ready to dialogue.

The police did the autopsy. I did not hire any private doctor. And because of what is happening now, I will not accept any autopsy result doesn’t state cause of death".

When contacted, the Edo Police Commissioner, Chris Ezike, said nobody should dwell in the realm of speculation as autopsy of the late gospel artiste was only carried out Saturday, April 16 and the result is still being awaited.

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IMAGES

T H I S D AY • TUESDAY, APRIL 26, 2016

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

L-R: former Interim National Chairman, All Progressives Congress (APC), Chief Bisi Akande; Osun State Governor, Ogbeni Rauf Aregbesola; his Counterparts from Oyo State, Senator Abiola Ajimobi; former Governor of Ogun State, Aremo Olusegun Osoba; National Leader APC, Asiwaju Bola Tinubu and former Governor of Ekiti State, Otunba Niyi Adebayo, after a meeting of the National Leaders of APC, with Aremo Osoba, at his Ikoyi resident…..recently KOLA OLASUPO

L-R: Dr Chris Nwaje, Managing Director, SystemSpecs, Mr. John Obaro and his wife Bose after receiving the award for the Software Personality of the year in recognition of the innovative use of Remita for TSA, at the Beacon of ICT Awards, in Eko Hotels, Lagos….recently

L-R: Director, Project Monitoring Services (PMS), NDDC, Edo State Office, Mr. Fredrick Ogbeide; Project Contractor, Dr. Caeser Iyayi; Acting Director (PMS), Mr. Felix Aomreore the Acting Managing Director, Mrs. Ibim Semenitari, during the tour of Obozogbe-Niro-Abudu Road project site, in Orhionmwon, Edo State..... recently

Wife of Lagos State Governor, Mrs. Bolanle Ambode (left); consoling Kanyinsola and her Mother Mrs Rachael Adepitan, over the death of late hon. Olatunde Babatunde Adepitan, during during her condolence visit at Alfred garden estate, Lagos….recently

L-R: Head of Department Law, Babock University, Dr Titilaoye Adeyemi; her husband and Head of the Family Geisi Ruling House Ile-Ife, Prof. Aderibigbe Adeyemi; Osun State Governor, Ogbeni Rauf Aregbesola and Mrs. Omolara Tubosun, during a courtesy visit to the governor, by Giesi family to Government House Osogbo...recently

L-R: Executive Producer, Not In My Country, Mr. Akin Fadeyi; Nollyhood Actor, Mr. Jude Orhorha and Mr. Ganiyu Olowu, during the team’s visit to THISDAY Head Office in Apapa, Lagos... recently Yomi Akinyele

L-R: Chairman, All Progressives Congress (APC), Lagos State, Otunba Henry Ajomale; Permanent Secretary, Office of Deputy Governor, Lagos State, Mr. Michael Ola Dawodu; Commissioner for Information and Strategy, Mr. Steve Ayorinde representing the state governor and the facilitator, Senator Solomon Olamilekan, during the Lagos west Town hall meeting and presentation of Empowerment Tools, to the people of Lagos west by Senator Adeola, in Lagos…..recently KOLA

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Quick Takes Toyota to Launch Hybrid Cars in 2018

Toyota Motor Corp plans to sell heavily electrified, socalled plug-in hybrid cars in China starting in 2018, the company’s head of China operations, Hiroji Onishi, said on Sunday.

The plan is aimed at taking advantage of generous purchase incentives made available to Chinese consumers buying such fuel efficient near-all-electric cars, along with all-electric battery cars in China.

Onishi told a media event ahead of the Beijing auto show that the Japanese carmaker plans to launch plug-in hybrid versions of the Toyota Corolla and Levin in China in 2018.

“Our decision to launch plug-in hybrid versions of the Corolla and the Levin reflects the depth of our resolve and commitment to the Chinese market,” Onishi said.

He did not say whether Toyota plans to produce those cars in China, but the company officials at the announcement said that was a possibility.

To qualify for China’s incentives for plug-in hybrids, Toyota officials at the event said it would have to meet certain conditions.

One executive who declined to be identified said those plug-in hybrids for China should be able to run all on electricity for as far as more than 50 km (30 miles) when they are fully charged.

MERITORIOUS AWARD

L-R: National President, Nigerian Institute of Public Relations (NIPR), Dr. Rotimi Oladele, the representative of Minister of Agriculture, Mrs. Doyin Awe, presenting an award to the representative of Afe Babalola (SAN), Mr. Ibikunle Ogundipe, during the Presidential Dinner/Award night of NIPR held at the Banquet Hall, Premier Hotel, Ibadan, Oyo State … recently

Nigeria May Lose its Status as 4th World’s Largest LNG Exporter NLNG earns $90bn revenue since 1999 Ejiofor Alike The Managing Director and Chief Executive Officer of Nigeria LNG Limited, Mr. Babs Omotowa has raised the alarm on Nigeria’s dwindling investments in Liquefied Natural Gas (LNG), saying that with no new investments, the country would possibly drop from her current position of 4th world’s largest exporter of LNG to 10th position by 2020.

Speaking at the April Lunch organised by the Petroleum Club in Lagos recently, Omotowa, who said NLNG

ENERGY had earned $90 billion revenue since 1999, also declared that NLNG elevated Nigeria to number four exporter of LNG in the world, after Qatar, Malaysia and Australia.

Citing the data on the global exports of LNG in 2014, Omotowa said Nigeria was ahead of other world LNG giants, including Indonesia, Trinidad, Algeria, Russia, Oman, Yemen, Brunei, UAE, Peru, Equatorial Guinea, Norway, Papua New Guinea, US, Egypt and Angola.

Omotowa, however said with no new investments to support Nigeria’s position in the global LNG market, the country’s position would possibly drop to 10th by 2020.

He said while his company earned $90 billion revenue since 1999, $33 billion was paid to the federal government as dividend, $6 billion as taxes and $21 billion for joint venture gas purchase.

The NLNG boss noted that his company’s contribution as Company Income Tax and dividend in 2014 and 2015 constituted 14 per cent of the

country’s annual budget.

According to him, NLNG, which has a global reputation for reliability has also shipped 3,500 cargoes in 15 years.

Omotowa, who described his company as a leader in social responsibility space, said the company retired six old vessels in 2015.

He added that six new vessels had been ordered with five already delivered, stressing that stability, financial capacity, independence, governance structure, and market –driven Continued on page 24

Fashola Orders NERC to Stop Metering Scheme, CAPMI Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola has directed the Nigerian Electricity Regulatory Commission (NERC) to immediately wind down its alternative metering scheme, the Credited Advance Payment for Metering Initiative (CAPMI), citing instances of contractual distrust between electricity consumers and the 11 electricity distribution companies (Discos) in the country.

Fashola said the scheme must be stopped because the Discos that collected

ENERGY money from their customers to procure and install meters at their homes have mostly failed to do so.

The CAPMI was introduced

by NERC in 2014 to help Discos bridge extant gap in electricity meters amongst its consumers. It was planned to help unmetered consumers who could afford new meters, advance funds to the Discos to install meters at their homes and then get rebates in form of electricity units from the Discos.

The Discos have however bungled the scheme with some

of them failing to meet up with the terms in the scheme.

NERC in its audit report on the scheme confirmed this.

But Fashola in a recent statement from his media aide in Abuja, Mr. Hakeem Bello, identified the CAPMI as one of the customer service challenges that he needed to resolve immediately.

He, in this regard, said: “You cannot take peoples’ money without providing the service for which they have paid. I was uncomfortable with that.”

The minister then said the ministry of power had ordered that the scheme be wound down so that people could

get what they have paid for, saying it is the responsibility of the Discos to provide meters for their consumers.

“We must bring mutual trust in the provision of power and those are some of the emerging issues again and if people have paid for something they deserve to have it and if you can’t do it wind down the scheme.

“Let’s hold you now fully responsible, you have a market tariff, you go and meter. All of these things are happening at our monthly meetings and we are also holding the Continued on page 24

ABB’s Power Grids Back in Shape

The Power Grids unit of Swiss engineer ABB, which currently is under strategic review, had been “brought into shape” and was “back within the margin target corridor,” the company’s chairman Peter Voser said in an interview published by daily Neue Zuercher Zeitung on Saturday.

ABB plans to present a report on a review of operations at the unit - a supplier of power and automation systems employing 39,000 people - on Oct. 4.

So far, ABB has said the unit’s review could result in its sale, a listing on a stock exchange, or it could potentially retaining the business while selling parts of it.

The Zurich-based conglomerate is under pressure from activist investor Cevian Capital to improve performance and has cut costs to help offset falling sales and profits.

Asked whether acquisitions were an option to get back to growth, Voser said: “We pursue four priorities: organic growth, continuously increasing dividend payments, inorganic growth where we see a need, and share buy backs.”

Turkey Needs $110bn in Investment

Turkey will need to invest $110 billion in energy projects to help it meet its long-stated goal of becoming one of the world’s top ten economies by 2023, President Tayyip Erdogan said on Sunday.

Erdogan has championed a number of ambitious goals for Turkey by 2023, the centenary of the founding of the modern Turkish republic, including boosting annual output to $2 trillion from the current $800 billion.

“As we move forward toward our 2023 goals our energy demand will also increase. Our need for energy investment in that regard has been calculated as $110 billion,” he said in a speech in southern Turkish city of Adana broadcast live on television.

Turkey, the world’s 17th largest economy according to data from the World Bank, imports almost all of its energy needs, at an annual cost of about $50 billion.

Aiming to curb that, Ankara wants at least 5 percent of its electricity generation to come from nuclear power in less than a decade, reducing its dependence on natural gas largely from Russia.

“By 2019, when the colocated refineries are in place, we will actually be exciting importation and begin to export refined petroleum products”

Minister of State for Petroleum, Dr. Ibe Kachikwu

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD NIGERIA MAY LOSE ITS STATUS AS 4TH WORLD’S LARGEST LNG EXPORTER

were the company’s critical success factors.

Omotowa identified the blockade by the Nigerian Maritime Administration and Safety Agency (NIMASA) as one of the greatest challenges that faced his company and revealed that NLNG lost $1 billion with 70 per cent of the loss due to the federal government.

According to him, NIMASA was claiming $160 million levy, while the NLNG Act – Sections 6 (8-10) and Sections 7 (7) provide exceptions to attract investments.

He alleged that NIMASA ignored court orders, thus causing reputational damage to both Nigeria and the NLNG. He said, NLNG is currently making monthly payments ‘under protest’ pending the resolution of the dispute by the court, stressing that $250 million has been paid to NIMASA till date.

FASHOLA ORDERS NERC TO STOP METERING SCHEME, CAPMI

Discos now to their committed timelines for metering and we are also asking them to file returns,” said the minister.

He also explained on the Discos metering plans: “We ask them ‘who have you metered? We want to see the details if you tell us you have metered xyz.

“This will be an ongoing exercise until we finish, we also need to be fair because if since 1960 that we started public power and we have not metered everybody when our population was not as much as this, do we honestly think this can happen in five months?”

He however noted: “But ultimately this will happen because there is a business end to it and for those who are bringing in the meters they also need to bring in high quality meters because they have a duty to protect both the consumers and the Discos.”

PETAN: Nigeria Drilled Highest Exploration Wells in 1967 No new addition of reserves in over 10 years Ejiofor Alike The new Chairman of the Petroleum Technology Association of Nigeria (PETAN), Mr. Bank-Anthony Okoroafor has raised the alarm on the depleting crude oil reserves in Nigeria, saying that no new addition was recorded in the last 10 years, while the country drilled the highest number of exploration wells as far back as 1967.

Okoroafor told journalists in Lagos recently that over the years, reserves target was set without commensurate actions to encourage exploration.

“The Federal Government should encourage more oil exploration activities, so that what happened to us with the refineries will not happen with oil production as well.

We had four refineries and we failed to maintain them as and when due until they gave up,” Okoroafor explained.

“For every volume of crude produced, Nigeria should set aside some quantity to build our reserves. Nigeria will benefit more from this when oil prices rise again as they will surely do in the future,” he added.

With the current slump in crude oil prices, Okoroafor said the time was ripe for aggressive exploratory activities to be encouraged adding that about 77 exploratory wells were drilled in 1967, while only less than 20 were drilled in the last 10 years.

According to him, if the country had continued with the aggressive exploratory activities of 1967, the federal government would have achieved more than the four million barrels daily and 40 billion reserves targets set in 2010, which are yet to be achieved in 2016.

Okoroafor charged the government to encourage more investments in oil exploration activities so that the country’s

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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)

production and reserves targets would not be unrealisable like the local refining target.

Okoroafor said for this to be achieved, the fiscal regime should be stablised and uncertainty removed to guarantee the future of investments.

He noted that the fiscal regime was the most contentious

issue that stalled the passage of the previous versions of the Petroleum Industry Bill (PIB).

The newly-elected PETAN chairman stressed that to achieve the desired fiscal stability that would incentivise investments, the government should pay off joint venture cash calls, and also make it a first line charge.

Okoroafor argued that the federal government should create an environment that would attract foreign direct investment, stressing that “investment money now has choices because it can be taken to any country; even in Africa, practically every country has found oil”.

Nigeria’s depleting reserves

addition has been hinged on lack of exploration activities due to the uncertainty created by the non-passage of PIB. The administration of former President Olusegun Obasanjo had set a production target of four million barrels per day and reserves of 40 billion barrels by 2010 but these were not achieved.

BUSINESS COLLABORATION

L-R: Head, Information Security, Sterling Bank, Ademola Balogun; Systems Engineer, Sales/Channels, Cisco Systems, Mr. Adeola Kukoyi; Manager, Security Solutions, Weco Systems, Mr. Chijioke Amaefuna; and Chief Operating Officer, Weco Systems, Mr. Nnamdi Onyebuchi, at the Weco- Cisco Enterprise Security business productivity workshop in Lagos..recently

TCN Records Two System Collapses in Shell, PETAN to Collaborate on Nigerian Content Four Months Chineme Okafor in Abuja

Chika Amanze-Nwachuku

NEWS

Nigeria’s electricity transmission system has within the first four months of 2016 recorded two collapses, details from the Transmission Company of Nigeria (TCN) has showed.

According to the TCN, one of the collapses was total and occurred on March 31,2016, while the other, which was partial, occurred on April 23, 2016.

Even though the TCN repeatedly said it was working hard to ensure that the frequency of collapses in Nigeria’s electricity transmission system is reduced, the development however cast some doubt over the integrity of its commitment to upgrading the country’s transmission network which recorded just six collapses in 2015.

Prior to reducing the frequency of system collapse

in Nigeria’s transmission network to six in 2015, the country in 2013 recorded an all-time high of 22 collapses and subsequently nine in 2014.

But the TCN in explaining the March 31 collapse said it was caused by the tripping of Osogbo/Ihovbor and Ihovbor/ Benin 330kV transmission lines, which resulted in loss of 201megawatts (MW) of electricity generation from Ihovbor power station.

That collapse, it further noted affected the country’s generation/load imbalance and thus resulted in sudden decline in system frequency which culminated in the collapse.

TCN also said the total grid generation when the collapse happened was 3,196.0MW and that the low generation at the time was due to shortage of gas supply to generators.

It added that the transmission grid is characteristically susceptible to system collapses

when generation is below 3,500MW and the available spinning reserve capacity is low.

For that of April 23, TCN stated that the partial collapse of the system was specifically caused by a sudden loss of 200MW of generation due to technical reasons and that the problem was quickly resolved by the company’s engineers, hence the restoration of full power transmission to the grid.

It blamed the low supply of gas to thermal generation plants in the south for the recent frequency in collapses of the system, yet industry stakeholders warned that such repeated collapses of the country’s transmission network was not a welcome development.

They also asked that existing works to strengthen TCN’s transmission network be completed with some commitment.

Ejiofor Alike Shell Nigeria Exploration and Production Company (SNEPCo) and the Petroleum Technology Association of Nigeria (PETAN) have resolved to develop effective collaboration to promote Nigerian Content in the oil and gas sector.

Speaking when he led other members of the executive of the association on a courtesy visit to the Managing Director of SNEPCo, Mr. Bayo Ojulari at Shell’s head office in Lagos recently, the Chairman of PETAN, Mr. Bank Anthony Okoroafor, commended the pioneering role of Shell in the development of Nigerian content in the oil industry, stressing that “most of us have our roots here.”

“The relationship with Shell has given us the required foundation and encouragement and we are now in a position to add value to the operations of oil companies in Nigeria,” Okoroafor added.

Okoroafor, who was elected the Chairman of PETAN in March 2016, said the members were on a familiarisation tour of international and national oil companies to brief them on the rebranding of the group that will see it play a more active role in the development of the oil and gas industry, “especially at this time of cost pressures.”

He said PETAN had created target groups to liaise with oil companies, including SNEPCo, and would like to contribute solutions to challenges on projects, cost and production.

He added: “PETAN is already working with SPDC on an internship programme where graduates learn skills on one-year attachments to our companies and it will be very good to do the same with SNEPCo.” In his remarks, Ojulari commended the role of PETAN in the development of the oil and gas industry in Nigeria.

A

WEEKLY PULL-OUT

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An Action in Rem is a PreRequisite to the Making of Any Order by a Court in an Admiralty Suit PAGE 3

Admissibility of Electronically Generated Evidence in Courts Solved by Evidence Act -Kogi Chief Judge PAGE 4

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QUOTABLES

A ‘ well-functioning judiciary plays a crucial role in nation building. Besides advancing the nation’s sovereignty, it promotes constitutionalism and enhances adherence to the rule of law, while ensuring the maintenance of law and order. The judiciary in dispensing justice in a timely and efficient manner, creates a good environment for investments and overall economic growth.’

– Mr. Sylva Ogwemoh SAN

‘Law Practice is an Opportunity to Serve and Bring About Positive Change in Your Immediate Environment’ PAGE 5

The 1st African Bar Leaders’ Summit PAGE 6

Cross section of delegates at the 1st African Bar Leaders’ Summit held at the Intercontinental Hotel, Lagos from April 10th-13th 2016

MAY AGBAMUCHE-MBU EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

LAW REPORT/3

An Action in Rem is a Pre-Requisite to the Making of Any Order by a Court in an Admiralty Suit

I

n admiralty matters, the jurisdiction of a court to make an order for the arrest or release of a vessel, ultimately depends on the existence of an action in rem against such vessel. In other words, a person who seeks an order of court for the arrest of a vessel or who seeks security for the release of a vessel, must have a subsisting claim against such vessel.

In the instant appeal, the Court of Appeal held that in the absence of a claim against the 1st Appellant vessel, the 3rd Respondent could not validly request to benefit from the security provided for the 1st Appellant’s release.

Facts Following an alleged collision between the 1st Appellant vessel and the 1st Respondent vessel during maneuvering operations at the Commodore Pool, Lagos on 25th October 2007, the 1st and 2nd Respondents (as plaintiffs) commenced an admiralty action “in rem” at the Federal High Court, Lagos against the Appellants claiming the sum of US$7,500,000.00 as damages, for the damage the 1st Respondent sustained from the collision. The 1st and 2nd Respondents, simultaneously with the issuance of the writ at the trial court, applied for and obtained an ex-parte order arresting and detaining the 1st Appellant vessel to secure their claims.

Meanwhile, at the time of the alleged collision referred to above, the 1st Respondent vessel was under the custody of the Admiralty Marshal of the Federal High Court (“Admiralty Marshal”) pursuant to an order for her arrest made on 22nd November 2006, in Suit No: FHC/L/CS/245/2006 between ZENON PETROLEUM AND GAS LIMITED v M/T LESTE AND OWNERS OF M/T LESTE, which was filed by the 3rd Respondent against the 1st and 2nd Respondents. In this suit, the 1st and 2nd Respondents could not secure the release of the 1st Respondent, as they were unable to provide a bank guarantee as security for her release.

Further, the 1st and 2nd Respondents, who are foreigners, did not have assets within the jurisdiction of the court and as such, the 1st Respondent vessel was the only pre-judgment security available to the 3rd Respondent.

In view of its interests as aforesaid, the 3rd Respondent filed a caveat before the Admiralty Marshal, who had custody of the 1st Appellant vessel, against the release of the 1st Appellant on the basis that the alleged collision between the 1st Appellant and the 1st Respondent caused extensive damage to the 1st Respondent, which deteriorated her value to the extent that the proceeds from her sale would be insufficient to satisfy its claims in Suit No: FHC/L/CS/245/2006. The caveat was however, not served on the Appellants and the 1st and 2nd Respondents. Being unaware of the caveat, the Appellants filed an application at the trial court for the release of the 1st Appellant. This application was granted by the trial court and the 1st Appellant was released on the provision of a bank guarantee by the Appellants.

The 3rd Respondent, on becoming aware of the 1st Appellant’s release, filed an application seeking an order directing the Appellants to provide security for its claims in Suit No: FHC/L/CS/245/2006 or in the alternative, an order setting aside or varying the release of the 1st Appellant to the extent that any security provided by the Appellants to secure the release of the 1st Appellant be also applied to secure the claims of the 3rd Respondent in Suit No: FHC/L/CS/245/2006. The trial court granted the alternative prayer of the 3rd Respondent’s application, in its ruling delivered on 2nd February 2009.

Dissatisfied with the ruling of the trial court, the Appellants appealed to the Court of Appeal, Lagos (the “Court of Appeal”) wherein it raised the following four issues for determination, to wit; (i) whether the trial court acted with jurisdiction in granting a relief in favour of the 3rd Respondent, who was not a party to the proceedings before it; (ii) whether the 3rd Respondent, who failed to serve the Appellants with the caveat, was entitled to be served with the Appellants’ application for release of their vessel; (iii) whether the 3rd Respondent was entitled to be a beneficiary of the security provided by the Appellants for the release of their vessel and (iv) whether the trial court was right in making a retrospective order that the security provided by the Appellants for the release of their vessel be also applied to secure the claims of the 3rd Respondent in Suit No: FHC/L/CS/245/2006. The 1st and 2nd Respondents did not participate in this appeal and filed no brief of argument. The 3rd Respondent adopted the issues as formulated by the Appellant.

On issue number one, the Appellants submitted that it is a fundamental principle of law that a court cannot grant an order in favour of a person, who is not a party to the proceedings before it, and as such, to the extent that the 3rd Respondent was not a party to the suit that led to this appeal, the 3rd Respondent could not lawfully ask for or be granted any reliefs in the suit. The Appellants, whilst noting that a claim at the trial court could only be commenced by writ and not a caveat, additionally submitted that the 3rd Respondent lacked the requisite locus standi to request the relief sought in its application, since the 3rd respondent was merely a caveator against the release of the Appellants’ vessel and did not have any substantive claim against the Appellants in the suit which would have conferred jurisdiction on the trial court to grant the 3rd Respondent’s application. The Appellants relied on

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Friday, the 4th Day of March, 2016 Before Their Lordships Chinwe Eugenia Iyizoba Abimbola O. Obaseki-Adejumo Jamilu Yammama Tukur Justices, Court of Appeal CA/L/262/2010 Between 1. MT “Delmar” 2. Owners of the MV “MT Delmar Majuro ...... Appellants And 1. MT “Ane (Ex “MT Leste”) 2. Trilium Navigation S.A. Panama (Owners of the MT (Ex “MT Leste”) 3. Zenon Petroleum & Gas Ltd.) (Caveator/Interested person) ....... Respondent (Judgment Delivered by Chinwe Eugenia Iyizoba, JCA)

a plethora of cases, including the case of ADMIN. GEN. CRS v CHUKWUOGOR (NIG) LTD. 2007) 6 NWLR (Pt. 1030) 398.

On issue number two, the Appellants submitted that the service of a court process, where required, is a condition precedent to a court’s exercise of jurisdiction. They submitted further that by the provisions of Order 6 Rule 7 of the Admiralty Jurisdiction Procedure Rules 1993 (AJPR), it behooves on a caveator, who has filed a caveat in court against the release of an arrested vessel, to ensure the service of the caveat on all parties in the proceedings, so as to bring to the notice of the parties and the court that there is caveat in existence against the release of the said vessel.

On issue number three, the Appellants submitted that the 3rd Respondent could not validly request for security for its claims from them, since the 3rd Respondent had no claims against them, as its claims were solely against the 1st and 2nd Respondents in Suit No: FHC/L/CS/245/2006, an entirely different case to which the Appellants were not parties.

On issue number four, the Appellants submitted that the trial court erred in law in making a retrospective order that the security provided by the Appellants for the release of their vessel should be applied towards securing the claim of the 3rd respondent in another suit, long after the security in the instant suit was provided. The Appellant submitted further that the decision of the trial court in this regard, amounted to a review of the earlier decision of the trial court releasing the 1st Appellant from arrest and therefore negates the principle of law that a court cannot review the decision of a court of co-ordinate jurisdiction. The Appellant relied on the case of NDIC v S.B.N. Plc (2003) 1 NWLR (Pt. 801) 311.

In response to the arguments of the Appellants, on issue number one, the 3rd Respondent submitted that, the trial court had jurisdiction to hear and determine its application for the following reasons: (i) the 3rd Respondent was a caveator/interested person/intervener within the meaning of the provision of Order 1 Rule 3 of the AJPR at the time it filed the application; (ii) the 3rd Respondent properly entered a caveat against the release of the 1st Appellant while she was still under arrest; (iii) the caveat was served on the trial court through the Admiralty Marshal; (iv) the Appellants’ application for release of the vessel was not served on the 3rd Respondent despite the existence of the 3rd Respondent’s caveat; and (v) the 3rd Respondent, in the circumstance, could validly have proceeded against the Appellants in an action in rem, based on the 1st Appellant’s collision with the 1st Respondent.

On issue number two, the 3rd Respondent submitted that by virtue of the provisions of Order 6 Rule 7 and Order 2 Rule 2 of the AJPR, a caveator must be served with an application for

the release of a vessel and as such, the failure of the Appellants to serve it with the application for release breached his right to fair hearing.

On issue number three, the 3rd Respondent maintained that it was entitled to be a beneficiary of the security provided by the Appellants and insisted that it did not need to have an existing claim against the 1st Appellant before it could enter a caveat, since given the circumstances surrounding the collision between the 1st Appellant and the 1st Respondent, it had a claim to obtain a further arrest of the 1st Appellant, which right, it submitted, had been illegally foreclosed by the release of the 1st Appellant. The 3rd Respondent relied on the case of MOBIL PROD. (NIG.) UNLTD v AYENI (2010) 4 NWLR (Pt. 1185) 586.

On issue number four, the 3rd Respondent contended that the order made by the trial court was not retrospective in nature because if the 1st Appellant had not been released, it could have proceeded against her. The 3rd Respondent further submitted that in view of the Appellant’s release, the trial court was entitled to vary the release order, to ensure that the bank guarantee secures the claims of the 3rd Respondent. The 3rd respondent summited further that the trial court’s ruling did not amount to a review of its earlier decision, but was rather in the interest of justice.

In resolving the foregoing issues, the Court of Appeal held with respect to issue number one that, it is a settled principle of law that a court has no jurisdiction to grant a relief in favour of a person who is not a party to the suit before it. The Court of Appeal relied on the case OF ADMIN GEN., CRS v CHUKWUOGOR (NIG.) LTD.) (supra). The Court of Appeal agreed with the Appellants that it is the reliefs sought in a statement of claim and not the mere filing of a caveat that confers and determines the jurisdiction of the court. The Court of Appeal took the view that the purpose of a caveat is to enable the caveator be put on notice before the arrest or release of a vessel and that where there is a subsequent need to grant a relief or order in favour of the caveator, the caveator must take steps to make himself a party in the suit and also claim against the adverse party. The Court of Appeal, whilst relying on the cases of M/V “DA QING SHAN v PAC LTD (supra) and IBE ABAI & COY (NIG) LTD. v OCEANIC TRADERS NAVIGATION LTD (1907-1979) 1 NSC 418, emphasised the point that there must be a subsisting action in rem against the vessel before an order of arrest or release of the vessel can be made.

Additionally, the Court of Appeal observed that the 3rd Respondent’s caveat was not duly registered in accordance with Order 6 Rule 11 of the AJPR and as such could not have been served on the parties to the suit. The Court of Appeal took the view that even if the caveat was registered and service duly effected on the Appellants, failure to serve the 3rd Respondent with the Appellant’s application for the release of the vessel does not create any special circumstances to confer jurisdiction on the Court to grant the 3rd Respondent’s application, in the absence of a subsisting claim by the 3rd Respondent against the Appellants.

The Court of Appeal held further that contrary to the contention of the 3rd Respondent, a proper construction of Order 6 Rule 7 of the AJPR which provides that a person may file a caveat in lieu of obtaining a further arrest of a vessel, ultimately underscores the point that a subsisting claim against a vessel is a pre-condition to granting any relief in respect of the vessel, in favour of a caveator.

On issue number two, the Court of Appeal held that there was no evidence that the Appellants and the 1st and 2nd Respondents were served with the caveat filed by the 3rd Respondent and consequently, the Appellants being unaware of the said caveat was under no obligation to serve a copy of their application for release on the 3rd Respondent.

On issue number three, the Court of Appeal held that the 3rd Respondent was not entitled to be a beneficiary of the security provided by the Appellants for the release of their vessel and that the trial court erred in law by granting the application of the 3rd respondent. The Court of Appeal took the view that the 3rd Respondent, not having any claims against the 1st Appellant vessel and not being a party to the proceedings in the context of which the Appellant’s provided their security, could not validly be a beneficiary to the security provided by the Appellants or seek security from the Appellants for its claims in another suit, to which the Appellants were not parties.

On issue number four, the Court of Appeal held that the trial court’s order applying the Appellants’ security to secure the 3rd Respondent’s claims was retrospective and unenforceable.

Additionally, the Court of Appeal held that the trial court erred in law by granting the 3rd Respondent’s application, as same amounted to sitting on appeal over the decision of a court of coordinate jurisdiction.

The Court of Appeal, having resolved all the issues in favour of the Appellant, allowed the appeal and set aside the ruling of the trial court.

Representation: For the Appellant: Femi Atoyebi SAN with Rotimi Aduba Esq and Aminat Saidu For the 1st and 2nd Respondents: NIL

4/NEWS

26.04.2016

Kogi State Chief Judge, Hon. Justice Nasiru Ajanah (left) receiving a copy of the book from the publisher, Justice Alaba Omolaye-Ajileye

L-R: Hon. Justice Clara Bata-Ogunbiyi JSC, Hon. Justice George Oguntade JSC (rtd) Director General, Nigerian Institute of Advanced Legal Studies (NIALS), Professor Deji Adekunle and Judge Chile Eboe-Osuji of the ICC at the Founder’s Day Lecture of the NIALS in Lagos, last Monday

Admissibility of Electronically Generated Evidence in Courts Solved by Evidence Act -Kogi Chief Judge Yekini Jimoh in Lokoja

Kogi Chief Judge Justice Nasir Ajanah has stated that the agelong problem of admissibility of electronically generated evidence in law courts has been solved by relevant sections of the Evidence Act 2011 (As amended).

According to him, problems of admissibility of electronic evidence in Nigeria hitherto posed some challenges to legal practitioners in the courts as the old Evidence Act, was not in line with global reality.

The Chief Judge disclosed this at the formal presentation of the book: ''A Guide to Admissibility of Electronic Evidence'' authored by Hon. Justice Alaba Omolaye-Ajileye to him in Lokoja.

He further stated that the old Evidence Act was ''Anachronistic and not in line with global reality'' adding that the law predated the ICT age and had to change to give way for new innovations.

With the passage of time, he noted, the surge in the use

of electronic devices in both business transactions and day-to-day personal relationships underscored the need for change.

Ajanah further revealed that after the initial uncertainties ''A combination of Sections 84 and 258 of the Evidence Act 2011 classifies electronic evidence in the category of documents and its admissibility made clear.''

The Chief Judge commended the author for delving into a dissemination of knowledge by authoring a legal work of such a feat “It is a testimony of the resourcefulness, industry and intellectual capability of the writer.” ''The problem hitherto encountered regarding computer printouts, e-mail printouts, video cassettes, VCDs and tape recordings, documents generated from computers and ancillary issues was put to rest'', he observed and recommended the book to all legal practitioners.”

Speaking earlier, reviewer of the book, Mr. Martin Idachaba described the seven chaptered

264-page book as an intellectual masterpiece.

Idachaba who observed that the book was novel added that it dealt with among others issues, the general principles of admissibility of electronic evidence, trial, evidence, facts and comparative analysis of issues surrounding admissibility of computer generated evidence.

In his remarks, author of the book, Justice Alaba Omolaye-Ajileye emphasised that he was motivated to write the book in 2009, when he attended the 2nd Seminar on Economic and Financial Crimes for English Speaking Judges of the Economic Community of West African State that took place in Accra, Ghana.

He stated in his opening remarks, that the Director-General of the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA) observed with regret that most financial crimes in West Africa were committed electronically but yet electronic documents generated from computers were

still inadmissible in evidence in most West African Countries.

According to him, he took up the challenge from his remark, by researching into the law in relation to the situation in Nigeria.

"I found a disturbing trend by which documents generated from computers were being rejected as inadmissible in judicial proceedings in Nigeria because, the old Evidence Act did not recognise such documents or on the ground that there was no legislative amendment to take care of same" he said.

He stressed that the outcome of the research was a small pamphlet he wrote in 2010 entitled: Admissibility of Electronic Evidence: The Journey So Far in Nigeria.

He mentioned in the book, that he advocated that Nigerian Courts, be proactive in treating issues relating to admissibility electronic evidence in order to move with the rest of the world.

"In 2011, the Old Evidence Act was repealed and the Evidence Act 2011 was enacted, Specifi-

cally, Section 84 of the Evidence Act 2011 makes provision for the admissibility of electronically generated documents. This book, is, therefore, an update of the 2010 booklet" he declared.

Justice Omolaye-Ajileye noted that there is no doubt that old things are passing away as we can no longer deny that we live in the age of computers. Stressing that one defining feature of our time is the omnipresence of technology which has defined or re-defined how we live, work or think.

"There is also the prevalence of Internet access which has affected every human endeavour. The legal system has equally been affected by the computer revolution. This has fundamentally affected the way legal proceedings are conducted.

Information gathered from electronic devices now feature in our courts regularly". He emphasised According to him, the book has come to fill a gap in Nigerian Jurisprudence, created by a paucity of texts

and authorities on the subject of electronic evidence and also as a guide to assist lawyers, prosecutors, and courts in treating the subject with ease.

He thanked the Chief Justice of Nigeria, Justice Mahmud Mohammed for writing the foreword of the book.

He explained that the book was meant to be a guide on the application of the provisions of section 84 and 258 of the Evidence Act. Omolaye-Ajileye held that the non-admissibility of electronic evidence by the courts provided cover for financial crime offenders until 2011 when it was amended and even after that, lawyers still found it difficult to tender electronic evidence.

Goodwill messages poured in from President of Kogi Customary Court of Appeal, Justice Shaibu Atadoga, the state Grand Khadi, Justice Zakariya Idakwoji and Justice Phoebe Ayilla, Judge of the Federal High Court, Lokoja among others from both the Bench and Bar.

NIALS Founder’s Day, Judge Osuji Speaks Consortium Led By A Nigerian UK Based on Africa’s Developmental Challenges Lawyer Acquires Wema

Jude Igbanoi

Africa’s quest for true economic development will only be a mirage if the continent does not accept the critical role of the rule of law.

This was the submission of Judge Chile Eboe-Osuji at the Founder’s Day Lecture of the Nigerian Institute of Advanced Legal Studies in Lagos last Monday.

Osuji who is a judge of the International Criminal Court at the Hague in Netherlands was the distinguished lecturer at the annual event which was attended by eminent legal personalities and academics.

His lecture was aptly titled ‘The Value of International Criminal Justice — Particularly the ICC — to Africa’s Quest for Economic Development’ Osuji pointed out that ‘in creating the ICC, the hope of the international community was to help curb armed conflicts and the atrocious crimes which they breed.

‘May I recall the observation

in the Rome Statute preamble that armed conflicts and the atrocity crimes that they breed do threaten the peace, security and well-being of the world.’

The thrust of his presentation as encapsulated in his paper was ‘We all agree, I’m sure, that economic development has much to do with the ‘well-being’ of the citizens of any nation.

‘The role of the ICC in fostering economic development was noted as follows in a judicial opinion that I delivered not too long ago at the ICC. It is not necessary to overwork any proposition that the ICC is an aid to economic development. Dr. Zuma, the President of the African Union Commission had adequately framed the proposition when she observed as follows “When the Assembly adopted the Constitutive Act in 2002, it was mindful of the fact that the scourge of conflicts constitutes a major impediment to the socio-economic development of the continent.”

He further explained the critical role of the ICC thus ‘It is indeed a matter of eminent common sense that one of the ICC’s main stocks in troubled places lies in the dividends of peace that it may help to foster there. It stands to promote the stability that allows children to go to school, good health and freedom to their parents to pursue productive activities, and the resultant economic growth that enables political leaders to exult in improvements in the human development index and the achievement of millennium development goals.’

He expressed displeasure at the campaign of calumny that some African countries have made against the ICC, noting that it is not only misplaced, but sad that the ICC has not been given its due credit and space for its current potential value to the African continent.

He asserted that there is no truth in the allegation that the ICC is an instrument of neo-colonialism against African leaders.

Chairman of the occasion, Hon Justice Oguntade JSC (rtd) stated in his opening remarks that ‘Back home in Nigeria the scourge of terrorism has left in its trail myriad issues of humanitarian concerns such as the displacement of communities, reconciliation and the protection of victims of the scourge. At a time like this also, it behoves us to ensure that the mechanisms of accountability, by which I mean the criminal justice system, is strengthened.

There is no doubt that the consistency of the Rule of Law is an indispensable and fundamental building block, for modern democratic society and economic development.

The Rule of Law is also the foundation for a better quality of life for societies and people around the globe. The Rule of Law is our compass, our gravity. It ensures predictability, stability and fairness.

Without it, we cannot function.

Individuals cannot flourish, businesses cannot thrive, and society cannot grow.’

Bank’s UK Subsidiary

Akinwale Akintunde A consortium led by Mr Seyi Clement, a UK based Nigerian lawyer has completed the acquisition of Marina Nominees (UK) Limited, the UK based subsidiary of Wema Bank. Clement is the editor of Law Digest (Africa’s premier law journal) and the organiser of the Law Digest Africa Awards.

Marina Nominees (UK) Limited was established by Wema Bank as an SPV to raise funds on the international capital market for investment in Nigeria’s financial services.

In 2015, Clement advised the subsidiary and Wema Bank on a US$200,000,000.00 Tier II loan placement on the European Capital Market. The transaction involved the listing of redeemable Loan Notes on the Irish Stock Exchange and the Channel Islands Stock Exchange simultaneously.

A transaction which was described as one of the most complex transactions ever undertaken on the capital market, and sets a precedent in terms of deal structure.

Clement praised the foresight of Wema Bank in establishing the subsidiary and thanked the bank for entrusting his consortium with the company. He said the consortium hopes to continue with the vision set by Wema Bank for the company, but will expand the investment targets to include real estate and agro-commodities.

Clement practised with Yomi Okunnu & Associates before relocating to the UK to continue his practice. After qualifying as a solicitor in the UK, he worked in private practice with magic circle firms and in-house. He set up Augustine Clement as a boutique firm specialising in corporate finance.

26.04.2016

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Shippers Council as an Uncompromising Regulator Hassan Bello

T

he duty of a regulator as the name suggests is to find a balance between the expectations of the government and the expectations of the private sector. A regulator is supposed to create a good working environment for the private sector to thrive. The private sector, especially the maritime industry, is the engine room. Government has no business in business and I think that since the government has known this, it went ahead to privatise the ports and from that time the history of the maritime sector changed in Nigeria positively.

The terminal operators, the shipping companies, have all changed the way we do business in this country positively. We have recorded efficiency in our services, but then there is still a lot of work to be done and I dare say that this work is actually in the domain of the government. The government has a duty to provide the right atmosphere for the private sector to thrive. I think the government still has a lot to do and that is why the Nigerian Shippers Council continues to say that the government has to provide the enabling environment, government has to protect and guarantee the protection of the investments of the private sector. On the other hand, the private sector on its own must be reasonable and responsible.

Some of the actions of the private sector need to be reciprocal and proportionate to what the government has been able to do. What we are saying is

that the terminals have been operating without the electricity, for example, they generate their own electricity, there is the question of access to the ports, there is the question of the gridlock and so many other things that have made our ports not too friendly and it is the responsibility of the government to come and solve these problems. I will advocate that the government should sit down with the operators, the shipping companies, the terminal operators, the Freight forwarders and all the stakeholders in order to fashion out a marshal plan for the ports . If the government wants to benefit from the port economy, it will have to make the situation better.

For example, the maritime industry is diverse, it has a lot of chains around it and one chain cannot afford to be weak, otherwise the whole system will collapse. The Shippers Council has a great relationship with the Nigerian Customs service which is a very critical stakeholder in the maritime sector. It is the same with freight forwarders, Truck Owners, Terminal Operators, Shipping Companies and other segments. The Shippers Council has raised the bar in the industry now.

The Council is concerned with achieving equilibrium, achieving balance and most importantly concerned that our ports must be competitive.

The maritime industry, if made attractive and sustainable, will be a good area to start the diversification of the economy. It will create jobs, it will be an avenue to provide modern infrastructure. I think overall, it will improve the economy, create wealth, and connect Nigeria with international investors. We have come to the point where we either diversify

our economy or we perish and we are talking about a robust port. A port that is not only for import, but a port that is also ready to encourage the export of our commodities.

The Shippers Council is mindful of Nigeria’s global standing and World Bank ranking. Nigeria is now number 78 in the index of doing business and that is not acceptable to us.

Nigeria has to increase her ranking and the way of doing this is for all stakeholders to come together to brain storm. We all have the same target and must work as a team. But we are going about it in a different way by empowering the Nigerian Shippers Council.

The crux of the matter is automation, our ports need to be automated, so that things no longer have to be done manually. Even the presence of people at the ports is a source of friction and corruption. If systems are deployed, there will be transparency and all payments will be seen and assessed.

2016 Maritime Seminar for Judges This year’s Maritime Seminar for Judges will be held from May 31 to June 1, 2016. There are a lot of contemporaneous issues that have come up which our Judges must know. The essence of this seminar is to update the knowledge of our Judges on contemporary issues in admiralty law so that they will be conversant with the law. An investor looks at how quick or how timeous our Judges will determine or resolve commercial disputes when they arise. This is necessary in this very complex area of admiralty law. Due to the training

Hassan Bello

the Judges have received through these seminars, Nigerian Judgments are now very well respected internationally.

Everybody has acknowledged that the seminar is not just a talk-shop, it is a seminar that has influenced policy, it a seminar that has influenced law, and it is a seminar that has made the domestication of international conventions.

On the Change Agenda of the Federal Government The Shippers Council is conversant with what is happening in the country and with the robust administration up to the Ministerial level. It is going to be a viable economic agency.

Nigeria needs the diversification of its economy and maritime industry is the most appropriate place to start.

Mr. Bello is the Executive Secretary of the Nigerian Shippers’ Council

Legal Personality of the Week Udoka Frank Amah

‘Law Practice is an Opportunity to Serve and Bring About Positive Change in Your Immediate Environment’ experience?

Being able to provide free legal service to inmates in various prisons under the Legal Aid scheme. The experience helped me appreciate the power of law to do good and add value to society

My name is Udoka Frank Amah. I am a lawyer. I was called to the Nigerian Bar in 1995.

In 2007, I was also admitted as an Attorney in the state of New York, USA. In addition, I am licensed to practice before specialised courts like the US Court of International Trade.

Post qualification, I have had the privilege of working as a lawyer in private practice, locally and internationally and as in house counsel to various organisations in Nigeria and the USA. In the past 6 years, approximately, I have been working with Shell Nigeria as in-house counsel. My responsibilities range from managing environmental claims and operational issues to providing legal and compliance support to the board of directors of 13 Shell entities in Nigeria to being a trainer on anti-bribery and corruption, antitrust and sundry compliance issues. I am currently a Partner with the law firm of Sterling Partnerships, Lekki Lagos.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

I have had challenges, no doubt. In the early days of my career, the challenges centered on learning as much as I could and overcoming the distraction of poverty. Currently, my main challenge centers on how I can use my legal skills/tools to bring about a more equitable Nigeria.

What was your worst day as a lawyer?

It is a bit difficult to isolate any particular

Who has been most influential in your life?

I have 2 wonderful kids. They are both teenagers now. Frankly, they have exerted some of the greatest influences on me.

They have kept me humane and human and sparked in me a desire to work for a purpose bigger than me

Udoka Frank Amah

day as being my worst or best. I have had a fair share of both in my career. Bad days are when I see situations persist in our society that do not have to be. Bad days are when I feel a sense of helplessness with bad policy directions that are not properly thought through.

What was your most memorable

Why did you become a lawyer?

I am not quite certain why I became a lawyer. I just did what was obvious and feasible at the time about 26 years ago when I was accepted to study law at the University of Jos. With the benefit of hindsight however, I am glad I did not become a veterinarian, which was my childhood fantasy. The purpose for being a lawyer has caught up with me, as it were. I now know that I became a lawyer to use my training, skills and experience to drive positive growth and change in any environment I am in.

I respect the constitutional creation of the 3 arms of government and the doctrine of separation of powers. I believe the judiciary can drive aspirational change. We have seen these kinds of change, for instance, in the famous case of BROWN v THE

BOARD OF EDUCATION (in the USA), where the Supreme Court held that race based segregation of children into “separate but equal” public schools violates the Equal Protection clause of the Fourteenth Amendment and is unconstitutional. This decision helped de-couple race based segregation in public schools in the USA. However small, I am confident we can introduce such fundamental re-direction in such areas of our national life like infrastructural provision, service delivery by the public sector, fight against corruption etc. The Nigerian constitution has some very aspirational provisions, and I think it was tragic our Supreme Court ruled that those aspirational provisions are not justiciable.

What would your advice be to anyone wanting a career in law?

Do not see the training and practice of law merely as a “meal ticket” or an opportunity to create a personal fiefdom. See it as an opportunity to serve and bring about positive change in your immediate environment. Money follows service and value creation, and not the other way round.

If you had not become a lawyer, what would you have chosen?

A nature or scenic photographer, maybe.

I love nature and the outdoors Where do you see yourself in ten years?

Probably in some form of public service, with policy making opportunities.

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26.04.2016

The 1st African Bar Leaders’ Summit For the first time in the history of the legal profession, leaders of the various Bar associations and law societies in Africa came together to deliberate over issues of common interest and concern.

This was the initiative of the Nigerian Bar Association. The African Bar Leaders’Summit held at the Intercontinental Hotel, Lagos from April 10th-13th 2016. Jude Igbanoi reports.

T

he summit which has been applauded as one of the greatest accomplishments of the Alegeh led administration of the Nigerian Bar Association had the theme ‘Reducing Poverty and Promoting Sustainable Economic Growth in Africa through Reforms in Administration of Justice.’

Over 30 countries and organisations from all over Africa, were in attendance.

The summit is the first of its kind in the history of the legal profession in Africa. The NBA took the unprecedented step of bringing all Bar leaders in Africa together to brainstorm on issues of common interest, forge a common front to tackle poverty and building a strong platform with one voice to engage international bodies on behalf of all African lawyers.

In attendance were the presidents of the Bar Associations and Law Societies of Zimbabwe, Tanganyika, Malawi, Cote D’voire, Sierra Leone, Gambia, Guinea, Tanzania, Liberia, Tunisia, Zanzibar, East African Bar Association, Gambia, Sao Tome, Burkina Faso, Uganda, Benin Republic, Kenya, Togo, Cameroun and Ghana. Also in attendance were the ECOWAS Court, Ohada, African Development Bar, West African Bar Association, African Bar Association, FIDA and other institutions.

At the opening ceremony on Sunday, Chairman of the Summit Planning Committee, Mr. Olawale Fapohunda commended all the Bar leaders who saw the necessity of the summit and endeavoured to attend. He said ‘Terrorism is an emerging concern on the continent.

Finding a balance between national security, access to justice and human rights is always a hot topic.’ He added that the conference is not all about sessions and consultations, but creating a sustainable platform for joint action and cooperation amongst Bar leaders and Bar associations is critical to strategising based on the gains of the conference.

Addressing the conference delegates, the Executive Director of the NBA, Mrs. Ifueko Alufohai espoused on the vision of the NBA, its mission and its humble achievements so far under the leadership of its incumbent president, Mr. Augustine Alegeh SAN. She explained the core values of the NBA which are integrity, excellence, courage and professionalism. While welcoming the delegates to the summit, the NBA President, Mr. Augustine Alegeh SAN had this to say ‘The theme is clearly aimed at identifying key factors necessary and important to achieving reforms in the justice sector to boost foreign investment and economic development whilst reducing poverty in Africa. As lawyers and stakeholders in the justice sector, we are duty bound to educate and advise our respective governments on the critical role the justice sector plays in sustaining economic growth and development. There is no gainsaying the fact that foreign investors are more inclined to do business in economies with functioning legal systems and low crime rates. The theme of this Conference is most appropriate at this point of our development as a Continent.

There is a need for African countries to embark on massive reforms in the Justice Sector. These reforms, if implemented, will foster increased economic growth and development in Africa. Conversely, the failure of governments in Africa to address this issue of judicial reforms at all levels erodes public confidence in the judicial system and encourages the resort to self-help and extra-judicial means of dispute resolution thereby occasioning a state of total chaos and economic regression.

The task before Bar Associations and Law Societies in Africa therefore is to lead the discourse on judicial reforms and to highlight its critical role in fostering economic growth and development.

‘As Africans, there is a dire need for us to work harmoniously to develop our continent and foster economic ties across borders irrespective of cultural diversity and religious affiliation. This Conference will also address the issue of polarisation within the African legal community and the importance of cohesion and a harmonious relationship amongst individual Bar Associations in Africa in order to further develop and deepen the knowledge of law across Africa.’

The Chief Justice of Nigeria, Hon Justice Mahmoud Mohammed who was represented by Hon. Justice Kudirat Kekere-Ekun JSC encouraged African Bar leaders to forge and maintain closer professional ties in view of emerging trends and globalisation of legal services. Citing the example of Panama papers leak, the CJN stated that it is now more than ever before that lawyers need to be alive to their responsibilities.

Keynote Lecture The summit’s keynote lecture was delivered by Mr. Phakiso Mochochoko, a prosecutor at the International Criminal Court (ICC) on behalf of the Chief Prosecutor, Mrs. Fatou Bensouda. He enlightened the delegates on how the ICC works, the process of filing cases before the court, how evidence is tendered and admitted, the rules of procedure and the governing law which is the Rome Statute.

The ICC has since inception displayed an interest in Nigeria. The court monitored the Nigerian general elections in 2011 and 2015 with a view to documenting human rights violations and crimes against humanity. The ICC Chief Prosecutor had also in 2015 expressed serious concern over the rising spate of violent crimes and reports of human rights violations in the North Eastern part of Nigeria consequent upon the activities of Boko Haram insurgents.

On the situation in Nigeria, Bensouda expressed grave concern over the continued search for the abducted Chibok girls, as follows ‘The situation in Nigeria has been under preliminary examination by

NBA President, Augustine Alegeh SAN

the Office of the Prosecutor of the ICC since 2010. In August 2013, the Office issued a report concluding that [there is a reasonable basis to believe that] Boko Haram has been committing crimes against humanity of murder and persecution since July 2009.

Information gathered by the Office indicates that there has been a sharp increase in the frequency and intensity of attacks attributed to Boko Haram since January 2014, including a significant increase in alleged abductions of women and girls and of sexual slavery.

Some of Boko Haram’s alleged crimes would also amount to war crimes, as the Prosecutor has recently concluded that the situation constitutes a non-international armed conflict.

As Nigeria is a State Party to the Rome Statute, the ICC has jurisdiction over war crimes, crimes against humanity and genocide committed on the territory of Nigeria or by its nationals from July 1, 2002 onwards. Having concluded that some of the alleged crimes committed in Nigeria fall within subject-matter jurisdiction of the ICC, the Office of the Prosecutor is currently assessing relevant national proceedings in conformity with the principle of complementarity. Under the Rome Statute, Nigerian authorities have the primary responsibility to investigate and prosecute the alleged crimes. Such cases may become admissible before the ICC if there are no relevant investigations or prosecutions in Nigeria, or if the national authorities are unwilling or unable to carry out genuine investigations or prosecutions.

Purpose of the Conference The purpose of the Conference was to bring together leaders of Bar Associations and Law Societies in Africa to exchange and share practical experiences about the linkages between justice sector reform, poverty alleviation, economic growth and development on the African continent. The Conference also provided an opportunity for Bar Leaders in Africa to agree on strategies aimed at strengthening collaboration among Bar Associations at the sub-regional and the regional level. Developing a common vision for the administration of justice in Africa with possible support from the AU and RECs was an important objective of the conference.

Working Sessions Day-Two of the conference was essentially devoted to various working session by participants on the different sub-themes on :Rwanda: Justice after Genocide -22 Years On. Situation of Administration of Justice in Africa State of Justice Institutions in Africa Terrorism, Security, Human Rights and Administration of Justice WTO, Globalisation of Legal Services and the Practice of Law in Africa Poverty alleviation & Economic Growth: Removing Legal & Regulatory Obstacles to Doing Business in Africa Collaboration/ Cooperation among Bar Associations in Africa Building working relations between the African Legal Support Facility, AfDB and the Legal Profession in Africa The Session on Rwanda The Conference coincided with the 22nd Anniversary of the Rwandan Genocide where an estimate of 1 million people, mostly from the Tutsi ethnic group, were systematically killed in Rwanda

by Hutu extremists in what has become known as one of the most shameful crimes of the twentieth century.

The Rwandan High Commissioner to Nigeria, Ambassador Stanilas Kamanzi gave an account of the experiences of the Rwandans in the Genocide which was caused by a failure of the government to act on early indications of violence . There were warnings but the international community failed to listen resulting in murder on a scale and at a speed not seen since World War. Rwanda developed her own informal mechanisms Gacaca in bringing justice to perpetrators of the genocide and victims alike.

Gacaca’s primary aim was not to seek “punishment alone, but

also reconciliation, seeking to restore a sense of social cohesion by facilitating face-to-face resolution between victims and perpetrators The international community will only prevent future acts of genocide by heeding the lessons from past tragedies such as the Rwandan genocide.

The international community has since made important strides in acting on the lessons from Rwanda (1) The world is now united against impunity, epitomised by the establishment of the International Criminal Court. International and UN-assisted tribunals, including the International Criminal Tribunal for Rwanda, are pursuing accountability and having a discernible deterrent effect on would-be violators of basic international norms. (2) The international community has endorsed the “responsibility to protect” principle; States can no longer claim that atrocity crimes are a domestic matter beyond the realm of international concern.

It is crucial that the U.N. and other organisations in potentially violent states share early indications of potential atrocities especially in areas of Africa where poor economic conditions could trigger another genocide.

In the Summit’s communiqué African Bar leaders agreed that ‘Genocide does not have to occur for us to find new ways to prevent genocide.’

Situation of Administration of Justice in Africa The summit observed that an efficient system of administration of justice that ensures respect for the rule of law and human rights, among other things, is crucial to Africa’s socio-economic and political development and in dealing with the numerous other development challenges that the continent faces.

State of Justice Institutions in Africa After an engaging interactive session, it was noted that the important role of an independent judiciary in socio-economic and political growth of African countries is now, unlike in the recent past, recognised and accepted. However, there remains numerous problems such as judicial corruption, underfunding and lack of adequate resources, judicial conservatism, huge backlogs of cases leading to long delays, inefficiency of staff, inaccessibility of courts to the poor because of cost and their location in urban areas, and the politicisation of the judiciary Two important things need to be done to strengthen judicial independence. First, there is a need to entrench the core principles of judicial independence in the constitution, rather than in ordinary legislation. Constitutionalising judicial independence in this way is no guarantee against unwarranted interference by the executive branch with the judiciary, but it will increase the odds against such interference. Second, it is necessary that the bodies that decide important issues such as appointments, promotions and dismissal of judges be made less vulnerable to partisan manipulation. They should be constituted in such a manner that the chair and majority of members are independent of the executive.

The weak, ineffective and often corrupt national justice systems need to be complemented by African sub-regional and regional justice institutions as well as other international justice institutions.

Session on Terrorism, Security, Human Rights and Administration of Justice One of the most crucial working sessions of the conference was on terrorism and security.

Participants agreed that there is a need for Bar Associations on the continent to strengthen their understanding of the complex and multifaceted relationship between human rights and terrorism Terrorism has a direct impact on the enjoyment of a number of human rights, in particular the rights to life, liberty and physical integrity.

Terrorist acts can destabilise African Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development. All of these have a direct impact on the enjoyment of fundamental human rights.

The promotion and protection of human rights while countering terrorism is an obligation of African States and an integral part of the fight against terrorism. Counter-terrorism strategies in Africa should, above all, seek to prevent acts of terrorism, prosecute those responsible for such criminal acts, and promote and protect human rights and the rule of law. Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. African States therefore have an obligation to ensure the human rights of their nationals and others by taking positive steps to protect them against the threat of terrorist acts and bringing the perpetrators of such acts to justice.

There has been a proliferation of security and counter-terrorism legislation and policies across Africa, much of which has an impact on the enjoyment of human rights. Anti-Terrorism legislation in many Africa States have created negative consequences for civil liberties and fundamental human rights Some States have engaged in torture and other ill treatment to counter terrorism, while the legal and practical safeguards available

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26.04.2016

/7

WTO, Globalisation of the Legal Profession and the Practice of Law in Africa George Etomi

A Introduction

frica is the world’s second largest and second most populous continent with 54 countries and a population of 1.1 billion people as of 2013. According to the annual report by the United Nations Conference on Trade and Development (UNCTAD): r 'PSFJHO EJSFDU JOWFTUNFOU '%* HMPCBMMZ GFMM JO GSPN USJMMJPO UP USJMMJPO )PXFWFS JO "GSJDB '%* áPXT SFNBJOFE TUBCMF BU CJMMJPO r '%* JOUP TVC 4BIBSBO "GSJDB SPTF CZ UP CJMMJPO SJEJOH PVU DIBMMFOHFT TVDI BT &CPMB SFHJPOBM DPOáJDUT BOE GBMMJOH DPNNPEJUZ QSJDFT "O JODSFBTF JO '%* IFSBMET HSPXUI JO UIF economy and therefore increases the demand for global and specialised legal services. Globalisation BOE SFGPSNT JO UIF QPXFS DPOTUSVDUJPO BHSJDVMUVSF UFMFDPNNVOJDBUJPOT BDDPVOUJOH CBOLJOH BOE PUIFS sectors demand more than the conventional legal QSBDUJDF GSPN MBXZFST *U EFNBOET B HMPCBM PVUMPPL TQFDJBMJTBUJPO B DPNNJUNFOU UP JOUFSOBUJPOBM TUBOEBSET and business acumen.

Globalisation of Legal Services The legal profession has traditionally operated primarily within national borders. As globalisation JOUFOTJàFT FDPOPNJD QPMJUJDBM TPDJBM BOE DVMUVSBM SFMBUJPOT BDSPTT CPSEFST BO JODSFBTJOH OVNCFS PG transactions are affected by multiple legal orders.

Legal practice is no longer restricted to the confines PG OBUJPOBM CPSEFST "DDPSEJOH UP UIF *OUFSOBUJPOBM #BS "TTPDJBUJPO MFHBM TFSWJDFT BSF CFJOH TVQQMJFE internationally in four ways namely: r .PEF $SPTT CPSEFS TVQQMZ XIJDI FOUBJMT OPO SFTJEFOU TFSWJDF TVQQMJFST QSPWJEJOH DSPTT CPSEFS TFSWJDFT JOUP UIF MPDBM DPVOUSZ WJB GBY PS FNBJM J F across the border; r .PEF $POTVNQUJPO BCSPBE XIJDI FOUBJMT members of a resident country purchasing services in the territory of another member; r .PEF $PNNFSDJBM QSFTFODF XIJDI DSFBUFT PQQPSUVOJUJFT GPS GPSFJHO TFSWJDF TVQQMJFST UP FTUBCMJTI operate or expand a commercial presence in the local country such as a wholly owned subsidiary; r .PEF 1SFTFODF PG OBUVSBM QFSTPOT XIJDI offers possibilities for entry and temporary stay of foreign individuals in the local country for the supply of a service. This mode covers the lawyer personally and not just the legal product. This may CF EPOF JO WBSJPVT XBZT 'PS FYBNQMF *TSBFM IBT recently amended its laws to allow foreign lawyers QSBDUJDF GPSFJHO MBX JO *TSBFM (MPCBMMZ UIF MFHBM TFSWJDFT NBSLFU JT UISJWJOH BOE JT FYQFDUFE UP JODSFBTF UP CO b CO PWFS the next three years. Globalisation has increased the pace and complexity of law practice as well as the mobility of lawyers with the right legal TLJMMT BOE FYQFSJFODF 5IF JNQSFTTJWF HSPXUI PG FNFSHJOH FDPOPNJFT MJLF *OEJB $IJOB BOE #SB[JM has increased the demands for legal services. These emerging economies have also become suppliers of legal services to corporate clients in developed DPVOUSJFT UISPVHI PGGTIPSF PVUTPVSDJOH PG MFHBM XPSL PS MFHBM QSPDFTT PVUTPVSDJOH -10 "MUIPVHI UIJT SBJTFT TPNF PCWJPVT DSPTT KVSJTEJDUJPO IVSEMFT TVDI BT UIF EJGGFSFODF JO MFHBM TZTUFNT MBOHVBHFT BOE the management of an international legal depart NFOU NPTU PG UIF UFO MBSHFTU MBX àSNT TUJMM IBWF NPSF MBXZFST MPDBUFE PVUTJEF UIFJS IPNF DPVOUSZ PGàDF 'VSUIFSNPSF IBMG PG UIF 6, T UPQ àSNT OPX TPVSDF NPSF UIBO PG GFF JODPNF GSPN JOUFSOBUJPOBM PQFSBUJPOT BOE PG UPQ àSNT anticipate merging with or acquiring an international firm in the next three years.

5IF *OUFSOBUJPOBM #BS "TTPDJBUJPO *#" FTUBCMJTIFE JO JT UIF XPSME T MFBEJOH PSHBOJTBUJPO PG JOUFSOBUJPOBM MFHBM QSBDUJUJPOFST #BS BTTPDJBUJPOT BOE MBX TPDJFUJFT "T TVDI JUT BJN JT UP JOáVFODF the development of international law reform and shape the future of the legal profession through the world. *O UIF *#" QSFTJEFOU .JDIBFM + 3FZOPMET MBVODIFE UIF *#" (MPCBM $SPTT #PSEFS -FHBM 4FSWJDFT 3FQPSU XIJDI TUBUFE TPNF QPTJUJWF TUBUJTUJDT with respect to the globalisation of legal services.

According to the report: r *O PG DPVOUSJFT TUVEJFE GPSFJHO àSNT BSF now permitted to open offices (although often with restrictions).

r *O PG DPVOUSJFT GPSFJHO àSNT NBZ OPX employ local lawyers. r *O PG DPVOUSJFT MPDBM àSNT NBZ OPX employ foreign lawyers. r PG KVSJTEJDUJPOT DPWFSFE CZ UIF TUVEZ OPX allow partnership or association between foreign and domestic lawyers. r PG KVSJTEJDUJPOT OP MPOHFS IBWF OBUJPOBMJUZ restrictions on foreign lawyers requalifying as local lawyers. r *O PG UIF KVSJTEJDUJPOT TUVEJFE GPSFJHO MBX àSNT BSF QSFTFOU GBDJMJUBUJOH DSPTT CPSEFS USBEF BOE investment.

5P TVCTUBOUJBUF UIF BCPWF BO FYBNQMF DBO CF GPVOE JO $FOUVSJPO --1 B 1BO "GSJDBO MBX DPOHMPNFS BUF XJUI JUT IFBERVBSUFST JO +PIBOOFTCVSH 4PVUI "GSJDB BOE MBX PGàDFT JO &RVBUPSJBM (VJOFB (BCPO $BNFSPPO $IBE 4PVUI 4VEBO (IBOB %VCBJ BOE 5PSPOUP $FOUVSJPO BT B DPOTFRVFODF JT BCMF UP provide services tailored to the operating environment of their clients. This shows the positive impact of XPSL EPOF CZ UIF *#" )PXFWFS UIFSF JT OFFE GPS BO FYQBOTJPO PG UIF coverage of information on African Countries as the current reports and information provided by UIF *#" POMZ DPWFS BCPVU "GSJDBO $PVOUSJFT "MUIPVHI UIF *#" QSPWJEFT BEWJTPSZ BOE JOGPSNBUPSZ BTTJTUBODF UP HPWFSONFOUT BOE OBUJPOBM CBST UIFSF must be greater focus on the improvement of the capacity of the less developed countries in Africa to enable better accommodation of foreign individual lawyers and law firms.

Trade Liberalisation Agreements *OUFSOBUJPOBM 0SHBOJTBUJPOT TVDI BT UIF 8PSME 5SBEF 0SHBOJTBUJPO IBWF QVU JOUP QMBDF USBEF MJCFSBMJTBUJPO BHSFFNFOUT UIBU TFFL UP JODSFBTF USBEF CZ SFEVDJOH CBSSJFST UP UIF GSFF áPX PG HPPET BOE TFSWJDFT BDSPTT CPSEFST 5IFTF "HSFFNFOUT TFFL UP provide resources to developing and less developed countries by boosting foreign investment in such countries and consequently growing their economies.

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and therefore cannot become more restrictive; and

r B QSPWJTJPO PO iNPTU GBWPSFEu OBUJPO USFBUNFOU UP FOTVSF BEEJUJPOBM CFOFàUT HSBOUFE CZ BOZ 511 1BSUZ VOEFS GVUVSF 'SFF 5SBEF "HSFFNFOUT XJMM BMTP CF FYUFOEFE UP NFNCFS TUBUF DJUJ[FO TFSWJDF suppliers.

Jurisdictional Case Study of Liberalisation of Legal Services in the European Union *U CFDPNFT XPSUIZ PG OPUF UP SFWJFX UIF DPODFQU of liberalisation of legal services through the case TUVEZ PG UIF &VSPQFBO 6OJPO 5IF FDPOPNJD JOUFHSBUJPO PG UIF &VSPQFBO 6OJPO &6 IBT MFE UP HSFBUFS NPCJMJUZ PG MBXZFST XJUIJO UIF &6 &6 lawyers may practice law in a country that is a NFNCFS PG UIF &6 .FNCFS 4UBUF JO BEEJUJPO UP the one where they obtained their legal education and license to practice as a result of the following Directives: Council Directive 77/249 5IJT EJSFDUJWF XBT BEPQUFE CZ &6 $PVODJM PO .BSDI BOE BMMPXT MBXZFST GSPN POF .FNCFS 4UBUF UP QSPWJEF UFNQPSBSZ MFHBM TFSWJDFT JO BOPUIFS .FNCFS 4UBUF Council Directive 89/48 5IJT EJSFDUJWF XBT BEPQUFE CZ &6 $PVODJM PO %FDFNCFS *U FTUBCMJTIFT UIF MFHBM GSBNFXPSL XJUIJO XIJDI &6 MBXZFST NBZ FTUBCMJTI B QFSNBOFOU QSBDUJDF JO EJGGFSFOU .FNCFS 4UBUFT 5IF IPTU 4UBUF JO UVSO NBZ JNQPTF BO BEBQUBUJPO QFSJPE PS BO aptitude test. This aptitude test guarantees that visiting lawyers are qualified to practice law in UIF IPTU 4UBUF BOE UIBU UIFJS MFHBM TLJMMT DPWFS UIF LOPXMFEHF SFRVJSFE UP QSBDUJDF "T B SFTVMU PG UIFTF %JSFDUJWFT UIFSF JT BO VOEFOJ able lowering of barriers against the supply of legal TFSWJDFT XJUIJO &VSPQF &VSPQFBO OBUJPOBMT XIP BSF RVBMJàFE &6 MBXZFST IBWF UIF PQQPSUVOJUZ PG establishing in and registering with the respective #BS JO BMM &6 .FNCFS 4UBUFT "T PG BSPVOE 3.5 thousand lawyers are established in another country under their home country professional UJUMF 0ODF SFHJTUFSFE B &VSPQFBO MBXZFS JT BCMF UP BEWJTF PO UIF MBX PG UIFJS IPNF TUBUF JOUFSOBUJPOBM BOE &VSPQFBO MBX BOE BMTP UIF MBX PG UIF IPTU state (subject to certain restrictions). The impact JT IPXFWFS MJNJUFE BT .FNCFS 4UBUFT BSF GSFF UP determine the detailed application of the Directives EVF UP EJTQBSJUJFT JO MFHBM TZTUFNT JO UIF &6 Jurisdictional Case Study of Liberalisation of Legal Services in Africa 6OMJLF UIF &6 UIF "GSJDBO 6OJPO "6 IBT OPU rolled out a continent wide economic integration.

"T B SFTVMU PG UIJT EJGGFSFOU DPVOUSJFT JO "GSJDB IBWF varying degrees of barriers to the liberalisation of legal services depending on the country. A selection of the varying degrees of barriers shall be reviewed along the following regional foundries: r 8FTU "GSJDB JO /JHFSJB B GPSFJHO MBXZFS NBZ CF QFSNJUUFE CZ $IJFG +VEHF UP QSBDUJDF JO /JHFSJB GPS UIF QVSQPTFT PG B QBSUJDVMBS QSPDFFEJOH J F QSBDUJDF CZ 8BSSBOU )PXFWFS UIF IPNF DPVOUSZ PG UIF FOUSBOU NVTU have a similar legal system to Nigeria.

JO (IBOB GPSFJHO MBXZFST BSF QFSNJUUFE UP practice provided they have the required qualifications from their home jurisdiction alongside a letter of HPPE TUBOEJOH GSPN UIFJS IPNF CBS QSPPG UIBU they have passed the required exam in Ghanaian constitutional law and the customary law of Ghana BOE ZFBST PG 1PTU 2VBMJàDBUJPO &YQFSJFODF JO B country with a compatible legal system.

*O .BVSJUJVT IPXFWFS GPS CBSSJTUFST XIP QSFWJPVTMZ RVBMJàFE JO "VTUSBMJB $BOBEB &OHMBOE BOE 8BMFT 'SBODF PS /FX ;FBMBOE UIFZ OFFE only show that they have attended 12 months in #BSSJTUFS T $IBNCFST JO UIFJS PXO DPVOUSZ 'PS MBXZFST GSPN 'SBODF BOE $PNNPOXFBMUI KVSJTEJDUJPOT MJLF /JHFSJB BOE $BOBEB UIF MBX BMMPXT SFRVBMJàDBUJPO UP CFDPNF MFHBM QSBDUJUJPOFST XJUIJO .BVSJUJVT QSPWJEFE a written application to provide legal service in B MBX àSN JT TVCNJUUFE UP UIF "UUPSOFZ (FOFSBM 'VSUIFSNPSF UIF -BX 1SBDUJUJPOFST "NFOENFOU

"DU FOBCMFT GPSFJHO MBX àSNT UP SFHJTUFS JO .BVSJUJVT 5IJT NBZ CF CFDBVTF .BVSJUJVT JT TFFO as one of the world’s tax havens. t /PSUI "GSJDB 5IF QSBDUJDF PG MBX JO .PSPDDP JT SFTFSWFE GPS .PSPDDBO DJUJ[FOT PS UP DJUJ[FOT PG DPVOUSJFT XJUI BHSFFNFOUT XJUI UIF ,JOHEPN PG .PSPDDP UIBU QSPWJEF SFDJQSPDBM SJHIUT PG QSBDUJDF 'PSFJHO MBXZFST NBZ VOEFS DFSUBJO DJSDVNTUBODFT PCUBJO BQQSPWBM UP BQQFBS JO UIF .PSPDDBO DPVSUT JO SFMBUJPO UP TQFDJàD DBTFT PS NBZ GVMMZ SFRVBMJGZ BT .PSPDDBO lawyers but there is no formal limited licensing SFHJNF SFHVMBUJOH UIF XPSL PG MFHBM DPOTVMUBOUT 4JNJMBSMZ JO 5VOJTJB B GPSFJHO MBX àSN NBZ not obtain a license in its own right to practice. )PXFWFS B 5VOJTJBO MBXZFS PS B HSPVQ PG MBXZFST may open an office which is associated with a foreign law firm. t 4PVUIFSO "GSJDB 4PVUI "GSJDB IBT OP TQFDJBM FYFNQUJPOT PS recognition of qualifications that apply in respect of persons qualified as attorneys in any other country in terms of the Attorneys Act except for the former 5#7$ 4UBUFT -FTPUIP 4XB[JMBOE /BNJCJB BOE ;JNCBCXF )PXFWFS UIFSF DBO CF DFSUJàDBUJPO of foreign degrees and exemption from certain requirements. )PXFWFS JO #PUTXBOB $PNNPOXFBMUI DJUJ[FOT can be admitted to practice law provided that the SFRVJSFNFOUT VOEFS UIF -BX BSF TBUJTàFE 'PSFJHO nationals who hold a University Law Degree but are yet to qualify in any jurisdiction may qualify provided the requirements pertaining to residential permits and domicile are satisfied and the individual’s home DPVOUSZ IBT SFDJQSPDBM SJHIUT 'PSFJHO "EWPDBUFT BMSFBEZ RVBMJàFE JO UIFJS IPNF DPVOUSZ NBZ BQ QFBS JO UIF )JHI $PVSU PO BO BE IPD DBTF UP DBTF CBTJT VQPO UIF $IJFG +VTUJDF CFJOH DPOWJODFE UIBU a particular matter is of such importance and the foreign advocate has such expertise as to warrant admission.

t $FOUSBM "GSJDB *O UIF %FNPDSBUJD 3FQVCMJD PG $POHP CZ WJSUVF PG "SUJDMF PO UIF PO UIF 0SHBOJTBUJPO PG UIF #BS +VEJDJBM %FGFOEFST BOE 4UBUF 3FQSFTFOUBUJWFT "DU a foreign lawyer may appear in a specific case XJUIPVU àSTU CFJOH SFHJTUFSFE JO UIF %3$ )PXFWFS UIJT SFRVJSFT QSJPS BVUIPSJ[BUJPO GSPN UIF QSFTJEFOU of the local bar and assistance from a local lawyer. *U TIPVME BMTP CF OPUFE UIBU B GPSFJHO MBXZFS NBZ SFRVBMJGZ BT B MPDBM MBXZFS IPXFWFS UIJT JT TVCKFDU UP SFDJQSPDJUZ 1FSUBJOJOH UP MBX àSNT UIFSF JT OP licensing regime for foreign law firms as foreign MBX àSNT BSF OPU QFSNJUUFE JO %3$ 'SPN UIF DPNQBSBUJWF BOBMZTJT PG UIF SFRVJSFNFOUT for both indigent and foreign nationals in these QBSUT PG "GSJDB JU JT BQQBSFOU UIBU UIFSF BSF WBSZJOH degrees of barriers to the supply of legal services FWFO XJUIJO UIF "GSJDBO CPSEFST 'PS FYBNQMF 5VOJTJB BOE %FNPDSBUJD 3FQVCMJD PG $POHP IBWF higher barriers to liberalisation as legal practice JT UIF FYDMVTJWF QSFTFSWF PG OBUJPOBMT 8IFSFBT t &BTU "GSJDB *O 6HBOEB GPSFJHO USBJOFE MBXZFST LFFO PO DPVOUSJFT TVDI BT .BVSJUJVT BOE (IBOB IBWF practising in Uganda must have studied core subjects more relaxed barriers allowing for experienced JO B 6HBOEBO 6OJWFSTJUZ CFGPSF UBLJOH UIF #BS legal practitioners to gain entry into the country DPVSTF 5IPTF UIBU EP OPU JOUFOE PO UBLJOH UIF #BS BOE PS TVQQMZ MFHBM TFSWJDFT *U JT PCWJPVT UIBU can be employed as lawyers (not an advocate) at the provisions for foreign lawyers across Africa are UIF EJTDSFUJPO PG FNQMPZFST 'VSUIFSNPSF UIFSF JT OPU VOJGPSN BOE UIFSFGPSF DSPTT CPSEFS TVQQMZ PG no bilateral treaty allowing qualified lawyers from any other country to practice in Uganda.

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8/COVER

26.04.2016

The Need for Sanctity of Contracts for the Success of the Power Sector Reform: An Investor’s Experience Olatunde Ayeni

T Introduction

he story of the power sector in Nigeria is a long but very uninspiring one to electricity consumers and investors in the sector. Whenever it is told, there is always this conclusion that successive governments have failed the people. However in present day Nigeria, the story has slightly changed with most Nigerians having the misconception that the electricity distribution companies are the entities that have failed the people without full cognisance of the fact that these distribution companies are merely the last in the power value chain and can only distribute the power they receive from the generating companies through the Transmission Company of Nigeria.

This paper seeks to examine the need for there to be Sanctity of Contracts and the experience of an Investor in the Power Sector.

The first section of this paper starts by giving a brief history of the Nigerian Electric Power Industry; (ii) it then goes into an overview of the Power Sector Reforms, (iii) the next section deals with the Need For Sanctity of Contracts, here the paper looks at the definitions of a Contract and Sanctity of Contract, (iv) it then goes on to deal with the essence of a contract and the interplay with the concept of freedom to contract. The aim is to highlight the effects of the paradigm shift from a Government controlled contracting mentality, where resources are provided 100% by the government thereby giving it a dictatorial effect where contractual obligations are constantly breached without consequence, to the present age where private participation requires both local and foreign funding which could only be accessible in a climate where contractual terms are honoured irrespective of the parties involved. The next section of this paper then goes on to look at the Problems and Challenges of a private investor in the power sector, citing personal experiences of the author, concluding with why it is absolutely necessary for there to be sanctity of contracts from all stakeholders whether public or private, in order for there to be a successful power sector reform.

The story dates back before 1950 when the Public Works Department ceased to have control over the operation of electricity generating plants and the distribution system in the country.

In the same vein the Nigerian Government Electricity Undertaking (NGEU) was immediately established as an arm of the Public Works Department to take over the assets and liabilities of electricity supply in Lagos. By 1950, the then colonial government considered it expedient to integrate electricity power development and make it effective. The government then established the body known as the Electricity Corporation of Nigeria (ECN) pursuant to Ordinance No. 15 of 1950. With the ordinance in place, the electricity department and all the undertakings which were controlled came under one body.

The ECN officially took over electricity supply activities in Nigeria by April, 1951 by integrating all Government owned, as well as Native Authority owned generating plants and systems.

These steps creditably improved electric

Olatunde Ayeni power supply in the country through grid connection of generation, transmission and distribution of electricity.

In 1962, the Niger Dams Authority was established by an Act of Parliament which made it the responsibility of the Authority to construct dams after discovering the innumerable benefits that would accrue from the Dams. The vast nature of the country’s grid power transmission system started operation in 1966 with the collaborative efforts of both ECN and NDA which then linked Lagos with Kainji while the Kainji –Kaduna link was extended to Zaria and Kano. In the southern part, we had Oshogbo-Benin-Ughelli and Benin-Onitsha-Afam links which were constructed until the entire national grid linked the whole 36 states including the Federal Capital Territory.

Subsequently, the Niger Dam Authorities (NDA) and Electricity Corporation of Nigeria became one entity. But for some challenges including the civil war the merger could not take effect from April 1, 1972 as planned until January 6, 1973, when the first General Manager was appointed and both ECN and NDA under a unified body subsequently changed its name to National Electric Power Authority (NEPA).

Not a few Nigerian have argued that was when the power crisis in Nigeria began. This is borne out of the fact that for several years, despite investments made by the Federal Government in the sector over time, power outages continued to torment electricity consumers.

Power Sector Reform The country’s return to democratic governance in 1999 introduced yet another phase in the power sector. By the time former president, Olusegun Obasanjo took over the mantle of leadership in 1999, epileptic power supply had become one of the most worrisome issues in the country; and a major problem that any responsible Government anywhere in the world would have loved to tackle with all the resources available to it.

The Obasanjo administration through the Bureau of Public Enterprise (BPE) and the Federal Executive Council (FEC) in 2001 approved the National

Electric Power Policy (NEPP) which was prepared by the Electric Power Sector Reforms Implementation Committee (EPIC), thereby achieving various milestones in the power sector reform’s agenda. These include: • The signing into law of the Electricity Power Sector Reform Act on 11th March 2005 (EPSRA) and later enactment by the National Assembly on August 8th 2005, as the legal foundation for the implementation of the power policy of the Federal Republic of Nigeria; • The establishment of the Power Holding Company of Nigeria (PHCN) on 5th May 2005 which led to the transfer of assets and liabilities of the old NEPA to the new PHCN; • The establishment of the Nigeria Electricity Regulatory Commission (NERC) in October 2005 to act as the power sector’s regulator in addition to granting licenses for Power Generation, Transmission, Distribution and supply of electricity; • New Successor Companies i.e. 6 Generation Companies (GenCos), 1 Transmission Company (TransCo) and 11 Distribution Companies (DisCos) were incorporated between November 2005 and November 2006; • Assets, liabilities and staff of PHCN were transferred to the 18 successor companies on July 2006 and the relevant market codes were also issued; • The Nigerian Bulk Electricity Trading Company PLC (NBET) was incorporated in July 29th 2010, to carry on the role of bulk trading in transmission under license from NERC i.e. purchase and resale of electric power and ancillary services from Independent Power Producers (IPPs) and selling to the DisCos; • The Nigerian Electricity Liability Management Company GTE was incorporated in August 2006, to carry out the role of liability management for the defunct PHCN. It is interesting to note that in the company’s mission statement, its mission is to “Ensure Sanctity of Contract and Settlement of Pensions and Third Party liabilities”, this is very much in tune with the subject matter of this paper; • The Market Rules to guide opera-

tions in the electricity industry were approved in 2008; • A Rural Electrification policy was approved in 2006 and the Agency was established albeit suspended in 2009 but revived in 2011; • A liquidation Committee was established on April 12th, 2011 to seamlessly wind up the operations of PHCN. Pursuant to the unbundling exercise, the Federal Government owned electricity system now had the following: 1. Three hydro and seven thermal generating stations with a total installed capacity of about 6,852MW. Each entity was incorporated as a single-asset generating company.

2. A radial transmission grid (330kV and 132kV), owned and managed by the Transmission Company of Nigeria, with the responsibility of undertaking the system operation and market settlement functions, respectively; and 3.

Eleven distribution companies (33kV and below) that undertake the wires, sales, billing, collection and customer care functions within their area of geographical monopoly.

A competitive tender was later carried out for bids by core investor groups including competent generation asset owners for a minimum of 51 per cent of equity in the following successor thermal generating companies. These are Afam Power Plc; Sapele Power Plc; Ughelli Power Plc; and Geregu Power Plc. There was a separate concession process for successor hydro generating companies namely, Shiroro Hydro Power Plc; Kainji Hydro Power,(Note that Jebba power station is part of Kainji Hydro Power Plc.) Similarly, competitive tender was carried out to receive bids from core investor groups with specific criteria for distribution companies. The successor distribution companies are listed below: • 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;

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COVER/9 sector and the endemic corruption in the environment is another problem that stares investors in the face. The failure of government to respect the terms of most of these contracts has more far reaching effects than anticipated. For example an investor who had performed its due diligence enters into a contract with the government and he thereafter takes the same contract to his bankers for finance on the basis of what was agreed to. A breach of such contractual terms in the obligations of the government would have a spiral effect on the private investor both on his finances as well as the performance of his own obligations under the contract.

• Port Harcourt Electricity Distribution Plc; • Yola Electricity Distribution Plc. Currently as we speak, the Federal Government owns 100% of the transmission company, while its equity in the generating companies is 20% leaving 80% to private investors. In the case of distribution companies, the Government only sold 60% while it retained 40% equity. On the 30th of November, 2013, the Federal Government of Nigeria handed over certificates of ownership to prospective private investors for proper management of power sector affairs except the Transmission Company of Nigeria (TCN). Of course in achieving these milestones, several contractual commitments were made by both the Federal Government and the private investors who acquired these companies. These commitments now place certain obligations on both the Federal Government, the investors in these power assets and the general public.

The Need for Sanctity of Contracts According to Black’s Law Dictionary “contract” is defined as, “an agreement between two or more parties creating obligations that are enforceable or otherwise recognisable at law.”

A contract can further be described as a promise or set of promises the breach of which the law gives a remedy or the performance of which the law in some way recognises as a duty legally binding. It is interesting to note that the same Black’s Law dictionary, defines the concept of “sanctity of contract” as, “the principle that the parties to a contract having duly entered into it, must honour their obligations under it.”

Essence of a Contract One of the notable functions of a contract is to facilitate forward planning of a transaction and to make provision for future contingencies. The more complex the transaction, the greater the need for such planning and more detailed the provisions that are likely to be made in the said contract. Secondly, a contract will establish what are the respective responsibilities of the parties and the standard of performance to be expected of them. Thirdly, a contract will allow the parties to examine the economic risks involved in the transaction and allow allocation of the risks in advance. Lastly, a contract may provide for what is to happen in the event that things go wrong or a default is committed by a party. From the foregoing, I will conveniently say that a contract is an instrument by which separate and conflicting interests of the participants can be reconciled and brought to a common goal.

The significant role played by contracts and the sanctity of the terms contained therein in any economic system or growth cannot be over emphasised. The issue is now to what extent does the law appreciate or assume that parties enjoy freedom of economic decision when they decide to enter into a contract?

The Concept of Freedom of Contract The concept of freedom of contract encompasses two different meanings.

First is the freedom of a party to choose to enter into a contract on whatever terms it may consider advantageous to its interests, or to choose not to. Therefore, contractual obligation is attributed to the will of the parties.

Prior to the reform period, the Nigerian Government and its people were used to the Government making provisions for public infrastructural services. Contracts or understandings for the provision of public amenities were always between Government bodies and on that basis the need for sanctity of contractual terms were never cherished or enforced. Even between two different arms of government, the principle of sanctity of contract was hardly respected by successive Nigerian

Government. A typical example is the boundary issues between the River State Government and Akwa Ibom State. It took the intervention of the Supreme Court to emphasise the principle of sanctity of contract and the need for parties to adhere to it.

However today, sanctity of contract has become more compelling due to the emergence of private sector participation in the provision of some of these infrastructural services which now has more far reaching effect. The implication of failure of the Government to adhere to the principle of sanctity of contract, go a long way in destroying the confidence every would-be investor ordinarily would have in taking an investment decision In a developing economy like ours, the frequently agitating questions for an investor borders amongst the following: • If an investor and the Government enters into a contract or makes a commitment in writing would it be respected?

• Can an investor enforce the terms in case of default?

• Would an investor have a remedy?

And even where there is a remedy, would the Government honor the remedial measures • If there is a change in Government would the previous administration’s commitments be respected by the succeeding administration?

• Would the Government as a party even honour its own obligations under the contract?

All these could be resolved successfully if parties both the private sector and the government imbibe the tenets of sanctity of contracts. The concept behind the sanctity of contract goes beyond the parties to the contract alone, it imposes a duty even on third parties not to aid or induce any of the parties to the contract to commit any breach of the terms contained therein. The Courts must hold culpable a 3rd party who knowingly without justification facilitated or intentionally induced the breach of a contract between contracting parties. This is one principle that also imposes a duty on the Court to give effect to the contract or agreement freely entered into by parties as in Babatunde vs. Bank of the North Limited 2011 (Pt.1279) 738.

A typical example is the case of BFI GROUP CORPORATION v BUREAU OF PUBLIC ENTERPRISES where the Appellant (BFI GROUP) challenged the unilateral decision of BPE in extinguishing the contract of sale of the Aluminum Smelter Company of Nigeria (ALSCON) on the basis that the Appellant failed to pay 10% initial bid price within 15 days of the receipt of the letter confirming the Appellant as the preferred bidder. It was the case of the Appellant that the position taken by

BPE was contrary to the terms of the Undertakings and Agreements signed and submitted to BPE which clearly provided that the 10% of the bid price shall be paid within 15 working days of signing the Share Purchase Agreement.

The Supreme Court in its decision emphasised on the sanctity of contract when it held thus: “The Court must treat as sacrosanct the terms of an agreement freely entered into by the parties. This is because the parties to a contract enjoy their freedom to contract on their own terms so long as same is lawful. The terms of a contract between parties are clothed with some degree of sanctity and if any question should arise with regards to the contract, the terms in any document which constitute the contract are invariably the guide to its interpretation. When parties enter into a contract, they are bound by the terms of the contract as set out by them. It is not the business of the Court to rewrite a contract for the parties.”

The Court however stated that ALSCON, has a duty to construe the surrounding circumstances including written or oral statements so as to discover the intention of the parties.

Generally, the law is reluctant to admit excuses for non-performance of a clearly entered contractual term. But the draconian requirements of commercial convenience have to be reconciled with the moral qualifications introduced by the need to discourage the grosser forms of unfair dealings. Therefore, in as much as there is the pressing need to respect the sanctity of contracts, the law as well as equity in recent times have dictated to the conscience of the Courts to admit defences based on limitation laws, fraud, misrepresentation, mistakes, duress and undue influence to curb economic exploitations.

It must also be noted that the law will not permit a party of full age and understanding, who failed to read the contract or appreciate the full import and effect of the terms contained therein to escape from the contract.

It will not rewrite a contract for the parties or imply additional provisions merely because it would be reasonable to do so. However in certain circumstances, the law will pronounce that parties are discharged or relieved from performance of their obligations by reason of change of circumstances i.e. frustration of the contract. One of such instances is the situation with the Yola Disco in which the investors due to the insurgency in their franchise area had to invoke the force majeure provisions to discharge them from further obligation under the contract.

The necessity that Government respects the contracts with the private sectors as envisaged by the EPSRA, considering the process in the power

The Experience of Private Investors in the Power Sector In Nigeria As stated in the previous section of this paper, Nigeria has moved from the pre-reform era where the Government was solely responsible for the provision of social amenities to an era where private sector participation for the successful provision of social amenities has seen the emergence of investors such as myself, the need for sanctity of contract cannot be overemphasised. There are many challenges private investors like us have encountered in doing business in Nigeria and such constraints include: (a) Limited access to funds in money and capital markets due to the lack of confidence the financiers have in the government vis a vis their obligations. (b) Unpredictable and weak policy framework (c) Inadequate and deteriorating infrastructures support. (d) Low consumer purchasing power (e) High cost of equipment and working capital (f) Multiple Levies and taxes.

Although the tax system has witnessed some improvements in recent years, it is still uneven, with an irregular pattern of exemptions to consumption taxes and import tariffs. (g) Inefficiencies in customs and port administration (h) Consistency and confidence in the government economic policies, (i) Maintaining balance between labour interests and private sector development, (j) Transparency in the regulatory mechanism of the government (k) Not seeing Government as a Continuum.

Successive Governments tend not to realise that Government is a continuum and therefore a successive Government should respect contracts entered into by previous administrations; (m) Complexities in the legal framework. For example, there is a lack of adequate legal procedure for enforcement of contracts.

This lacuna introduces additional (and unnecessary) uncertainties into normal business relationships in the system that discourages private investment.

However the fundamental challenge experienced by investors in the Nigerian power sector is that of lack of respect for sanctity of contracts. The world has become one global market whereby trade and finance are done across borders, the effect of which is that there are direct linkages between markets and once one market develops a bad reputation for not honouring obligations in contracts, the effects could be immeasurable to an economy. The aforementioned statement can be better demonstrated with the on-going Nigerian power reform scenario and I would explain. Over $2.5 billion USD was spent by investors in the acquisition of the unbundled power companies with most of the debt funding being raised by our local banks. While our local banks then have corresponding funding arrangements with foreign banks.

An overview estimation of the quantum of finance required by the DisCos for capex post privatisation is estimated at about $2 billion with average capex for Abuja being $179.5 million, Benin $341 million, Eko $230.5 million, Enugu $133.5 million, Ibadan $217 million, Ikeja $299.5 million, Jos $288 million, Kano $149 million, Port Harcourt $25 million, and Yola $88 million. While for the GenCos it is estimated that the funding requirement post privatisation is put at $1.5 billion, with estimated CONTINUED ON PAGE 10

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THE NEED FOR SANCTITY OF CONTRACTS FOR THE SUCCESS OF THE POWER SECTOR REFORM: AN INVESTORí S EXPERIENCE CONTINUED FROM PAGE 9

A Power Station

average capex for Ughelli being $370 million, Kainji $400 million, Sapele $300 million, Geregu $138 million, Shiroro $200 million, and Afam $100 million.

Already with the frequent breaches to the terms of the acquisition agreements e.g. lack of adequate power from the GenCos to the DisCos for distribution to the end customers, improper implementation of MYTO (electricity tariffs issued by the National Electricity Regulation Commission) so as to have a cost effective tariff, no access to acquired assets as a result of insecurity in some parts of the country, lack of will to end all previous staff and union agitation, etc. The foreign lenders are reluctant to extend further financing to this sector as a result of non-adherence to sanctity of the initial contracts of purchase and the inability of investors to honour existing obligations. This trend is already a source of major worry to investors such as myself as we are having sleepless nights trying to convince international lenders to extend further funding for post-acquisition activities.

We ask ourselves as investors in the Nigerian power sector, has government fulfilled its part of the numerous agreements it entered into with investors?

From an investor’s point of view, my answer is “No”.

One of such instances is the Mambilla Hydraulic Power Project to be established in Taraba State, which was meant to generate a minimum of 2600MW for the benefits of Nigerians. The contract was awarded and entered into by the Obasanjo regime since 2005 but unfortunately, successive Governments have failed to honour minor commitments as promised in the contract despite the willingness of the Chinese company to finance the project with over $5 Billion USD up till completion.

These viral attitudes over the years have eaten deep into our system that successive governments in this country have become notorious for not honouring contract agreements they entered into with investors no matter the far reaching negative implications it will have. Take a look at the Power Sector

Reform Act; and the Power Roadmap.

You will observe how laudable the provisions of those legal instruments are. But to a large extent, they exist only on paper as government has continued to breach them, thereby frustrating the efforts of genuine businessmen.

A typical example as earlier mentioned is the Yola Disco. As we speak the investors are yet to receive any assurances on how or when they will receive their investments despite the fact that the entire situation being experienced in the region were anticipated and well captured in the contracts executed between the investors and the Federal Government. It may interest you to note that despite the observance of the procedural steps as outlined in the contracts and the formal handover of the Yola Disco by the private investors to the Federal Government over a year ago, the Federal Government is yet to refund or pay the investors the terminations proceeds as agreed by parties. This flagrant disregard for duly executed contracts by Federal Government not only creates a big hole in the finance and business of private investors but also leaves a bad legacy that any genuine private investor would never wish to experience.

Another is the Multi Year Tariff Order which the DISCOs are fighting hard for the government to implement, what you as an investor in the end receives are series of court orders aiding and inducing the government to further commit these breaches which dashes the hope of the private investors who have heavy debt portfolios to settle already planned on their expected incomes from the inflows of the contract.

Another example was when Lagos State Government in 1999 conceived the idea of Independent Power Projects to supply power to the territory of Lagos State and invited a private investor, Enron Corporation of United States to undertake the project. Thereafter, a Power Purchase Agreement was entered into between Enron Corporation, Lagos State Government, the defunct National Electricity Power Authority, which then

had a near monopoly on electricity generation, transmission and distribution activities in Nigeria and the Federal Government. Upon a flagrant breach and disregard of the terms of the Agreement, the Lagos State Government had no better choice than to file a petition against the partners in the project— Power Holding Company of Nigeria (PHCN), Ikeja Electricity Distribution Company, Eko Electricity Distribution Company and the Transmission Company of Nigeria Plc. Holden in Lagos before the Nigerian Electricity Regulatory Commission (NERC) The Panel Hearing (Panel Hearing No. NERC/033/00004/2008) attributed, wrongful invoicing of the Government of Lagos State and breach of the Barge Power Purchase Agreement for Electricity Generating Facilities in Lagos, Nigeria, as the major elements that caused the transaction to fail.

Another fascinating experience is the series of suits especially industrial actions filed on a regular basis by different Labour Unions under the defunct PHCN. As an investor, we observe on a regular basis the complaints of the Unions about different agreements reached between them and the Government even before the unbundling of PHCN and the privatisation process.

The apparent disregard for most of these agreements reached by the Government with these bodies gives so much concern to us as investors and most especially the far reaching effect of the terms of these agreements on the interests sold to us.

There are so many instances that these agreements reached are never tabled during the privatisation stage but they usually surface upon conclusion of acquisition of interests by private investors. In as much as I would not like to mention some of these cases which are still pending in the appellate courts, I would like to state here that most of the complaints or issues in those cases always have little or nothing to do with the interests as acquired by the private investors

but more to do with breaches of terms agreed to by the Government before transfer of interests to private sectors.

However, because we are vulnerable, we are always the target of the complainants.

Another dimension through which the private investor is being taught a hard lesson by the Federal Government over investment in the power sector is the outright neglect of some of the MDAs in paying for electricity power distributed to them. A typical example is the Ministry of Defence. As I speak, the DISCO’s are being owed over N80 billion of utilised electricity by the Military barracks and facilities all over the nation. The interesting aspect of this is that despite their debt portfolio, the DISCOs must ensure that electricity power, which is purchased by them is constantly supplied to these Military barracks. I am sure some would have read in the dailies few days ago about one of our employees who was beaten blue and black by some military personnel in Abeokuta over complaint that the five hours of electricity given to them was too small despite the fact that they do not pay. These and more are challenges we face every day as investors in the Nigerian power sector.

The sanctity of contracts must remain the bedrock of a new culture in doing business if we must succeed in our power reform agenda. For the power sector reform to achieve its purpose and for the economy to stabilise and grow and attract more investors; our government still has much to do in the area of respecting agreements and honouring commitments voluntarily entered into.

Being a paper presented by Dr. Olatunde Ayeni, CON, a lawyer, investor and Chairman of Ibadan Electricity Distribution Company 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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Professor Sagay Misfired: EFCC is not a Debt Collecting Agency Mike A. A Ozekhome

M

Introduction

y attention has been drawn to the caption in the Punch newspaper of April 6, 2016, with the screaming heading: Sagay knocks Ozekhome for attacking EFCC.” Professor Itse Sagay, SAN by way of history, is one of my most respected mentors, who helped me to change my course from English to Law in 1977, when English Department, for three years, refused my change over to Law Faculty, ostensibly for being " very brilliant” and “one of their best”.

Sagay, then Dean of law, personally took me to the then Dean of Arts, Professor Ekundayo, and entreated him to release me to pursue my heart’s desire. I was just 19. I had to voluntarily lose one year to read law. I cherish Sagay for this forever. The erudite teacher and I had also collaborated effectively at the 2005 National Political Reform Conference. He had written the foreword to one of my books “Codification of Weppa Wanno Native Laws and Customs (1996)”, and led me in a case we jointly handled for late Bayelsa State Governor, Diepreye Alamieyeiseigha, at the Supreme Court, in 2006.

We have always enjoyed cordial relationship of brotherhood and mutual respect, with me showing utmost reverence. I would, therefore, ordinarily, not have joined issues with my teacher and mentor in the public domain, if not to simply set the records straight.

Inter alia, Sagay tongue-lashed me for saying that the EFCC is not empowered by law to be a ‘debt collecting agency’ and cited section 71(B) of the Act. I am correct in this assertion, and I maintain it firmly now and forever. Sagay argues that “section 29 permits the assets of a person arrested under section 28 to be seized by the state.” Taking a swipe at me in a manner reminiscent of a Head master at an errant, fumbling pupil, Sagay concluded derisively, “When he wants to defend his friends, he should go and check the law and be sure what he is talking about (sic). Nigeria has laws that entitle you to recover properties and that is the emphasis for now because we need our monies and properties back from the looters.”

For starters, the section Sagay referred to as section 71(B) does not exist. He probably meant Section 7(1)(b) of the EFCC Act. But, does the above Section not run foul of the clear provisions of section 43 of the 1999 Constitution, as altered, which permits a person the right to acquire and own movable and immovable property anywhere in Nigeria, if interpreted in the cavalier way and manner defined by Prof. Sagay?

Apart from Sagay quoting me out of context, Section 7(1)(b) of the Act merely gives the Commission “the power to cause investigation to be conducted into the properties of any person if it appears to the Commission that the person’s lifestyle and extent of the properties are not justified by his source of income.” The section does not thereby turn the EFCC into a “debt collecting Agency”, his angst against me.

The purport of section 7 (1)(b) is simply to cause an “investigation to be conducted”.

Section 28 of the EFCC Act, also cited by Sagay, provides emphatically that, “when a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment from the court.” From the foregoing provisions, the EFCC cannot simply “trace and attach all the assets and properties of the person”, and stop there. It “shall thereafter cause to be obtained an interim attachment from the court”. This section therefore subjects the EFCC to the supervisory and circumscribing discipline and authority of the court.

The envisaged seizure and attachment is only temporary, to enable a court of law finally

decide. Many a time, such property reverted to their owners after full trial and acquittal by the court. Similarly, section 29 which Sagay carefully avoided expatiating upon, actually provides that “the Commission shall cause an exparte application to be made to the court for an interim order forfeiting the property concerned to the Federal Government and the court shall, if satisfied that there is prima facie evidence that the property concerned is liable to forfeiture, make an interim order forfeiting the property of the Federal Government.” The interim seizure and forfeiture are therefore predicated on “if the court is satisfied”, not “if the EFCC is satisfied”.

The section is too clear to admit of any ambiguity, or to confer on the EFCC, the function of a “debt collecting agency”. Laws are to be construed in their literal and ordinary manner.

See the cases of IFEZUE v MBADUGHA (1984) 1SCNLR 427; A.T LTD v A.D.H LTD (2007) 15NWLR (pt. 1056) 118.

From the foregoing, can the EFCC ordinarily seize the property or money of an individual, as a so called “debt collecting Agency”, without recourse to a court order? Obviously, the answer is an emphatic no. It is therefore erroneous for Sagay to conclude, as he did, that “Section 29 permits the assets of a person arrested under Section 28 to be seized by the state.” Through what process, he was silent. I have the answer, sir. It is section 29, and it provides that no forfeiture or seizure can be made by the EFCC without a valid interim court order, upon the court being first satisfied that there is “prima facie evidence that the property concerned is liable to forfeiture”. This is contrary to the well worn tactics of the EFCC (which I had criticised), where it simply arrests, and detains a person and keeps him in custody until he agrees, or is forced, under duress, to pay a certain pre- determined amount as whimsically and capriciously fixed by the Commission. I have personally handled cases where this crude illegality played out. So, I know what I am talking about. The EFCC in such cases, at once, becomes the investigator, accuser, witness, judge and Executioner. One thing is clear: no one, including the EFCC, should be seen to be above the laws of the land. This is embodied in its self proclaimed motto. The rule of law must prevail at all times notwithstanding the individual passion, enthusiasm and predilection of anti – corrupt appointees. There is a world of difference between the “lex lata” or “delege lata” (the law as it exists), as opposed to the “lex ferenda” (future law, ie, what the law should be). Appointees’ views do not the law make.

Sagay had jeered: “When he wants to defend his friends, he should go and check the law and be sure what he is talking about ……”(sic). I laugh. Aside the palpable contempt and disdain shown by this statement to my person, a fellow SAN, what does the law actually say? I have checked this before and even now. The law says EFCC is not a “debt collecting Agency”, or a court of law. It is an investigative body, and at best, a prosecutor. See sections 5 and 6 of the EFCC Act. A communal reading of Sections 34, 35, 36, 37 and 43 of the 1999 Constitution dealing with citizens’ fundamental rights to dignity of the human person, personal liberty, private and family life, and the right to acquire and own movable and immovable property anywhere in Nigeria, respectively, clearly vitiate and torpedo Sagay’s position.

The Constitution Is Supreme I totally agree with the eminent scholar that “we need our monies and properties back”.

Yes. But, this must be done within the ambit of our constitutional organogram, which I had accused the EFCC of consistently breaching.

Were there to be such a provision that would enable the EFCC to forcibly “collect” a self determined. “debt” from a suspect without a court order (thank God, there is none), it would still have been contrary to sections 34, 35, 36, 37 and 43 of the 1999 Constitution, as altered, and same would have therefore been null and void and of no effect whatsoever. See section 1(3) of the same Constitution. See also INEC v MUSA (2003) 3 NWLR (pt 806) 72; ABACHA

EFCC Chairman, Ibrahim Mustafa Magu

v FAWEHINMI (2004) 4 S.C (pt11)1.

Recovery of Public Property (Special Provisions Act, (NO. 3, 1984) Chapter R4, LFN, 2004, Prof. Sagay also greatly missed the point on the plenitude, amplitude and operation of this Act. There is nowhere in the Act where an investigative authority is made a debt collecting agency, or where it is given power to confiscate assets or monies belonging to a public officer without an order of a competent court. The relevant sections of this Act are 1, 3 and 8. Under sections 1 and 3 of the Act, a panel is first constituted by the president to investigate whether any public officer (note, not non public officers that are being browbeaten by the EFCC), has abused his office, or contributed to the economic adversity of the Nation, or enriched himself, or engaged in corrupt practices. The panel first issues a notice to the subject to declare his assets as in Form A in the schedule to the Act. The panel even has to direct a qualified person to cross check if the assets as declared by the subject are correct. It is only an infraction of this that leads to such a person being charged before the Federal High Court, which, under section 8 of the Act, may, by order, “prohibit any disposition of property, movable or immovable”.

This is where the court becomes satisfied that a prima facie case has been made out. This is thus similar to the temporary seizure of an accused’s property pending trial, under Section 28 of the Act. There is therefore no where, contrary to Sagay’s theory, that the president or the Special Panel is empowered to simply confiscate a citizen’s property or monies without an order of the Court. If Nigerians could breath this pure air of freedom, due process and rule of law under tyranical military dictatorships, why would Sagay want EFCC to be a monstrous debt collecting agency, that uses brute force, intimidation and the coercive apparatus of the state, viet armis, in blatant violation of the strong words of our apex court in GOVERNOR OF LAGOS STATE v OJUKWU (1986) 2 NWLR (pt 18) 621?

Could it be, God forbid, slanted legal advice such as this, that my former teacher and members of his presidential Anti-corruption Committee give to the EFCC and other anti-corruption Agencies that embolden them to break the laws of the land with impunity and detain suspects without administrative bail, or arraignment before courts, until they are forced to cough out arbitrarily determined sums of moneys?

Could it also be the reason why their principal officers have since, like Prof. Sagay often time, glowingly abused and denigrated revered Justices of the Supreme Court and lawyers, especially respected Senior Advocates of Nigeria, calling the lawyers “thieves”, “common criminals”, “supporters of corruption”, “corrupt lawyers who aid corrupt politicians to loot the treasury”, and such other unprintable names? The only “crime” of such lawyers is that they dared to defend accused persons who are themselves being prosecuted by other lawyers engaged

by Sagay’s anti – corruption Agencies. Are

accused persons no longer entitled to defend themselves? May be, to effectively fight corruption, using Sagay’s template, there should be no need at all to retain chapter 4 of the 1999 Constitution, dealing with fundamental rights.

Perhaps, to satisfy Sagay’s anti-corruption mantra, accused persons should simply be tied to the stakes and shot dead without trial. Or may, be, Sagay’s puritanic government of redemptive messianism should dissolve “meddlesome” and “irritant” Nigerians and elect another set of Nigerians in replacement thereof. Such probable wrong advice has led some judges, like Justice Yusuf Halilu of the FCT High Court, Abuja, to describe the EFCC and the Army as behaving like illiterates, operating under a dark military dictatorship. This was in the judgment in the case of COLONEL NICHOLAS ASHINZE v EFCC CHIEF OF ARMY STAFF AND NIGERIAN ARMY (Suit No. CV/1099/16), which I personally handled and wherein the judge, on 14th March, 2016, ordered the immediate release of the serving Colonel who had been detained, alternately, by the EFCC and the Army, as in a relay race, for nearly three months, since 22nd December, 2015, pending when he would “confess” to “looting” money he knew nothing about.

For God’s sake, let appointees of Government, no matter the present allure of ephemeral power, not misadvise government and government agencies into desecrating the Constitution, our grund norm. Let them show some modicum of respect to the judiciary, especially Supreme Court justices who cannot reply their expletives and vituperations. Haba!!!

One final point, sir. I am not defending my friends. That is an unfair and spiteful statement.

I am rightfully defending my clients, using the “CAB RANK RULE”, and based on my oath as a lawyer, when I was called to the Bar in 1981, to help enthrone justice and the rule of law. In the immortal words of Lord Denning, MR, in RONDEL v WORSLEY (1967) 1QB 443 “a barrister cannot pick or choose his clients.

He is bound to accept a brief for any man who comes before the courts. No matter how great a rascal the man may be. No matter how given to complaining. No matter how undeserving or unpopular his cause. The barrister must defend him to the end. Provided only that he is paid a proper fee, or in the case of a dock brief, a nominal fee. He must accept the brief and do all he honourably can on behalf of his client…..”.

See also SUDAN INTERIOR MINISTER v ADEWUMI (2012) LPELR 1991 (CA); FREE ENT NIG LTD v G.T.O.S.A (1998) 1NWLR (pt 553) 1; SHELL PET DEV. CO. NIG LTD v UZOARA (1994) 9 NWLR (pt366) 51. The last time I checked, our criminal justice system remains the Anglo-Saxon accusatorial system by which an accused person is presumed innocent, as opposed to the continental legal model, which is inquisitorial, by which the guilt of an accused is presumed. See USO v C.O.P (1972) All NLR. In pursuing this my noble professional endeavour, which Sagay helped me to find and nurture in the seventies, I offer no apologies to anyone. Not even to Sagay.

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26.04.2016

Case Law Review: Senator Bello Yaki & Anor V. Senator Atiku Bagudu & Ors. Lugard Tare-Otu

O

n November 13, 2015, the Supreme Court of Nigeria delivered its judgment in the case of SENATOR BELLO YAKI & ANOR. v SENATOR ATIKU BAGUDU & ORS. (2015) LPELR-25721 (SC). Whilst the case was an appeal arising out of an election petition, the apex court’s decision on the aspects of the law relating to the sealing and stamping of documents by legal practitioners is very instructive. Since the judgment, Courts have begun enforcing the rule as it relates to sealing and stamping, albeit in varying degrees.

This review is restricted only to the part of the judgment relating to the sealing and stamping of documents by legal practitioners.

The Legal Practitioners Act, CAP. L11, LFN 2004 (the LPA) lays the foundation for the stamping and sealing of documents by legal practitioners. Firstly, the LPA makes provisions for the practice of law in Nigeria. Particularly, it should be noted that the qualification to practice law as a legal practitioner is as provided under the LPA, which includes being called to the Bar and enrolled at the Supreme Court of Nigeria as a legal practitioner. It is that qualification that forms the basis of a legal practitioner signing legal documents i.e. that the legal practitioner has the authority to do so by virtue of his being enrolled as a member of the Nigerian Bar. The Supreme Court in the Yaki’s case clearly states that it is being enrolled as a legal practitioner pursuant to the LPA that entitles a legal practitioner to sign/frank any legal document either for filing in a court of law in a proceeding or otherwise. This same point was made by the apex court in the case of OKAFOR V. NWEKE (2007) 10 NWLR (Pt.1043) 521.

The Rules of Professional Conduct, 2007(the RPC) was made by the General Council of the Bar pursuant to the LPA. The RPC contains further and specific rules made to guide and regulate the conduct of the legal practitioner.

Particularly, Rule 10 (1), (2) and (3) thereof provide for the sealing and stamping of legal documents by the lawyer and legal practitioner.

Rule 10 (1) provides that: “A lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any Government department or Ministry or any corporation, shall not sign or file a legal document unless there is affixed on such documents a seal and stamp approved by the Nigerian Bar Association”.

Rule 10 (2) provides that: “For the purpose of this rule, “legal documents” shall include pleadings, affidavits, depositions, applications, instruments, agreements, deeds, letters, memoranda, reports, legal opinions or any similar documents” Rule 10 (3) provides that: “If without complying with the requirements of this rule, a lawyer signs or files any legal documents as defined in sub-rule (2) of this rule, and in any of the capacities mentioned in sub-rule (1), the document so signed or filed shall be deemed not to have been properly signed or filed.”

The above represents the position of the law as stated in the RPC. However, whilst the LPA has existed since 1990 and with a subsequent amendment in 2004, and the RPC has existed since 2007, the entire legal profession and all its constituents ranging from lawyers to judges paid absolutely no attention to the above stated provisions requiring legal documents to be sealed and stamped.

Furthermore, there is little evidence that the courts made any

attempt to enforce the provisions of the LPA and RPC in this regard.

The turning point came in November 2015 when the Supreme Court decided the Yaki’s case and since then, the Courts have begun to enforce the provisions of the RPC. This case marks a watershed event in the practice of law in Nigeria, as all legal documents have come to require sealing and stamping as envisaged by the RPC. Firstly, the simple and clear position of the law as enunciated in this case is that: “The qualification to practice law as a legal practitioner is as provided under the Legal Practitioners Act which includes being called to Bar and enrolled at the Supreme Court of Nigeria as a legal practitioner. It is that qualification that entitles a legal practitioner to sign/frank any legal document either for filing in a court of law in a proceeding or otherwise, see Okafor v. Nweke (supra). The above requirements constitute the substantive law on the issue”.

The Supreme Court further stated that all legal documents shall be sealed and stamped by the legal practitioner as envisaged by the RPC. However, the apex Court further held that the provisions of the RPC are not a substitute for the substantive law on the matter that is why non-compliance thereto renders the document concerned voidable and not void or a nullity.

In the words of Walter Onnoghen, JSC: “In the circumstance it is only fair to the client, the legal profession and in the interest of justice that the legal practitioner involved be given opportunity to prove his call to Bar and enrolment at the Supreme Court of Nigeria by affixing his seal to the document involved at any stage in the proceeding including appeal or whenever an objection to the authenticity of the document is raised under the provisions of the said Rules of Professional Conduct, 2007.''

• Aim of sealing and stamping under the RPC If documents which are not sealed and stamped by the Legal Practitioner are not void but only voidable, what then is the aim of sealing and stamping under the RPC? According to the apex Court, the provision of the RPC is directed at the legal practitioner to provide evidence of his qualification to practice law in Nigeria in addition to his name being on the Roll at the Supreme Court of Nigeria. It therefore saves time needed for a search at the Supreme Court to determine the authenticity of the claim of the legal practitioner for being so qualified. This is particularly important in verifying the authenticity of a legal practitioner when so acting, with a view to stopping as much as possible the practice of law by persons not so entitled.

• Effect of failure of a legal practitioner to affix the Nigerian

WTO, GLOBALISATION OF THE LEGAL PROFESSION AND THE PRACTICE OF LAW IN AFRICA legal services has not reached the level of liberalization as seen in the European Union.

How Liberalized Should the Practice of Law in Africa be?

It is important to note that cross-border supply of legal services is already happening. However, it is mostly unregulated. The advent of technology has created greater avenues for law firms outside Africa to provide legal services within Africa. The proponents of liberalization argue that: • Opening up of the legal sector will aid in skills transfer.

• Resolution of the IBA Council on Transfer of Skills and Liberalization of trade in legal services endorses the grant of limited licences for foreign lawyers as a means of building capacity in developing countries’ legal professions.

• The 2012 IBA Resolution on Association endorses the idea that local law firms should be permitted to employ foreign lawyers or have them as partners to build a more competitive local profession.

• Liberalisation will force underperforming lawyers to improve their practice or merge with competitors leading to an increase in the overall quality of the bar While opponents of liberalisation argue that: • There is the possibility of a loss of employment for local lawyers • Inevitable erosion of the core values of the national legal profession • The liberalisation of interference may take away part of a nation’s sovereignty.

However, opponents cannot ignore that within the past decade there have been more instances of cross border legal services and countries are taking the initiative to imitate the direction of the European Union, regardless of the risks involved. For example, the OHADA (OHBLA) which is the Organisation for the Harmonieation

Bar Association stamp on a legal document The Supreme Court in the same Yaki’s case held that failure to affix the Nigerian Bar Association stamp and/or seal cannot invalidate processes filed in court or legal documents, it only makes the documents voidable. That is to say that such documents are deemed not to have been properly signed and not that they are invalid. Such documents are redeemed and made valid by a simple directive by the Judge or the relevant authority at the time of filing the voidable document for erring counsel to affix stamp and seal as provided for in Rule 10 of RPC. In the case under review, the Court further held that the process filed in breach of Rule 10 (1) of the RPC can be saved and its signing and filing regularised by affixing the approved seal and stamp on it. It is a legal document improperly filed and the fixing of the seal and stamp would make the filing proper in law. The Court held that where it is not done, the court cannot take cognizance of a document not properly filed and the filing not regularized.

• Documents required to be sealed and stamped by the legal practitioner For emphasis and at the risk of repetition, all legal documents must be sealed and stamped by the legal practitioner. According to Rule 10 (2) of the RPC, “legal documents” shall include: a) pleadings; b affidavits; c) depositions; d) applications; e) instruments; f) agreements; g) deeds; h) letters; i) memoranda; j) report; k) legal opinions; or l) any similar document Conclusion In deciding the appeal, the Court finalised as follows: Firstly, that all processes and documents which are not sealed and/or stamped by the Legal Practitioner would not be incompetent, as it has to do with proper authentication.

Secondly, the refusal of the document by the registry is a sanction itself pending proper signature and affixing of stamp/seal as required by the RPC. Thirdly, the breach of the rule should not be viewed as a substantive infraction but a mere irregularity which can be remedied, failing which the document will not be countenanced as a proper and regular document.

In practice, courts now enforce this decision as legal documents which do not bear the NBA’s seal of the legal practitioner who prepared them are liable to be discountenanced until they are regularized by affixing the aforementioned seal.

In light of the foregoing, the NBA has made seals for all legal practitioners in the following categories – Law Practice, Government & Public Service and Private Sector. It has therefore become imperative for all legal practitioners, irrespective of their categories, to authenticate every legal document produced by them by affixing the NBA seal.

Mr. Tare-Otu is a Senior Associate with Solola & Akpana working out of the Firm’s Port Harcourt office.

CONTINUED FROM PAGE 7

of Business Law in Africa, was a treaty that entered into force on 18th of September 1995. It currently has 16 Members within Africa namely; Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, The Federal Islamic Republic of Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Niger, Senegal and Togo. Its main aim is to unify business law throughout the Member States and to promote arbitration as a means of settling contractual disputes. It also issues unified legislation in the form of Uniform Acts on particular areas of law that are directly applicable to Member States that supersede national legislation within the same area of law. Currently, this treaty is applicable more to the French speaking zones of Africa but is projected to evolve to include more non-French Speaking African countries. This shows a level of harmonization that can progress and have an intense effect on the liberalization of legal services across that region and possibly to other regions of Africa.

Consequently, it is my recommendation that Africa pursue a liberalised regime for legal services.

This liberalised regime must focus on building capacity through strengthening educational infrastructure and standards of practice. An increase in capacity will hedge against the opponents’ argument that liberalisation of legal services would lead to a loss of employment opportunities for local lawyers. Rather, the competition should be taken as a challenge to increase capacity to the standard of international best practices.

Furthermore, I also recommend an increase in collaboration within Africa – not by discarding national regulations but by loosening rules on entry, etc. African countries should shift their focus to Africa. We can take a cue from the EU Directives as a guide and set out model Uniform Rules pertaining to lawyers wishing to practice outside their home jurisdictions on a scale that covers the entire continent. These

rules must encompass qualification and practice requirements, such as, the global standardization of qualifying certificates and disciplinary measures to be meted out to erring practitioners, operating outside their own jurisdiction. African countries must also be ready to adjust their laws for ease of trade in legal services and move towards a harmonization of business laws on a wider scale. This begins by implementing a unified curriculum on business law at the university level as a foundation to encourage international legal practice within the continent. In this way, legal practice in each country is not far removed from each other and lawyers can easily move their expertise within borders. National Bars should also aim to be more proactive by incorporating international elements in their continuing legal education programs. Lastly, , there must be unification of African Lawyer’s Unions i.e. Pan African Lawyer’s Union (PALU) and the African Bar Association, to provide a unified voice on liberalization of legal services when African lawyers speak globally..

Conclusion The globalisation of the legal profession is inevitable especially with the advent of modern technology. Most national laws restrict access of foreign lawyers to those who seek to establish a physical presence. Consequently, the provision of virtual legal services across borders is largely unregulated and remains unstructured. The aim, as a continent should be to properly regulate and structure the provision of legal services across borders. A distinct African legal profession must emerge and the practice of law within Africa must evolve and adapt to the advance of globalisation due to the tendency of globalisation to expose and intensify existing structural weaknesses.

Being a paper presented by George Etomi, FNIALS at the African Bar Leaders’ Summit held on April 10th-13th 2016.

26.04.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, I was in the Human Resources Department of a plastics manufacturing company which was later sold to another company. The General Manager in the new company called me last week asking whether we had satisfied the sanitary requirements for the premises and I did not understand this.

He explained that some officers had come from the Ministry of Environment asking all sorts of questions about the toilets and conveniences. My suspicion is that because the main investor in the new company is a foreigner, they may be trying to obtain money from him unnecessarily. We never had such problems while I was there, but someone just told me that there is a mandatory law regarding conveniences in factories.

Please, if this is true kindly help provide the necessary information to help guard against breaching any such laws.

I.E., Ojo, Lagos Dear I.E., I do not know how many years you managed the

plastics company for and the number of staff you had there. But sanitary conveniences in a factory or any place of work where there is a lot of staff is adequately provided for in the Factories Act and under the environmental laws of most states.

The Factories Act provides at Section 12(1) for Sanitary Conveniences, thus ‘Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed (except in the case of factories where the only person employed are members of the same family dwelling there), such conveniences shall afford proper separate accommodation for persons of each sex.’

The Lagos State Environmental Laws further provide for the way and manner in which human waste, factories and residences should be disposed. It is therefore imperative that these laws must be complied with. You may therefore have to tell the owners of your former place of work to ensure that they comply with these requirements to avoid the premises being shut down.

Court≠ room drama A defendant was not happy with the way things were going in court. So, he decided to give the judge a hard time.

Judge: Where do you work?

Defendant: Here and there.

Judge: What do you do for a living?

Defendant: This and that.

Judge: Take him away.

Defendant: Wait; when will I get out?

Judge: Sooner or later.

Court Shorts 1. Lawyer: Can you see him from where you are standing?

Witness: I can see his head.

Lawyer: Alright, where is his head?

Witness: Just above his shoulders.

2. Judge: If this trial is interrupted by anyone, that person will be thrown right out of this courtroom.

Prisoner: Hooray for the Judge!

3. Prosecutor: What were you doing on July 15 at 9 o'clock in the evening?

Prisoner: I was eating a hamburger.

Prosecutor: What were you doing at 9:30 p.m.?

Prisoner: I was taking a bicarbonate of soda.

Prosecutor: Do you expect us to believe you?

Prisoner: You would if you had eaten one of those hamburgers.

THE 1ST AFRICAN BAR LEADERSí SUMMIT CONTINUED FROM PAGE 6 to prevent torture, such as regular and independent monitoring of detention centres, have often been disregarded. These practices, particularly when taken together, have a corrosive effect on the rule of law, good governance and human rights. They are also counterproductive to national and international efforts to combat terrorism.

Breakfast Session on WTO, Globalisation of Legal Services and the Practice of Law in Africa The Guest Speaker at this session is one of Nigeria’s foremost commercial lawyers and authors, Mr. George Etomi.

Etomi noted that the challenges of cross-border legal practice in Africa include ‘outsourcing of primary due diligence, discovery and document production rather than detailed analysis or complex legal work.’ Adding that the obvious cross-jurisdiction hurdles to outsourcing are ‘Different laws and legal, systems, Languages, Management of an international legal department and Decision making issues.’

‘Yet, most of the ten largest law firms have more lawyers located outside their home-country office.

‘Half of the UK's top 25 firms now source more than 40% of fee income from international operations and 50% of top 10 firms anticipate merging with or acquiring an international firm in the next three years.

‘Not exclusive to lawyers from developed countries’ exporting their services to other countries.

‘Emerging economies like India, China and Brazil’s impressive growth has increased their demands for legal services and also made them suppliers in the new wave of offshore outsourcing of legal services to corporate clients in developed countries by Offshore Outsourcing of legal work or Legal process outsourcing (LPO)’.

He emphasised.

The summit in its communiqué agreed that the Legal profession in Africa should continuously be aware of new global trends influencing legal practice, so that they can timeously prepare for such changes and position themselves accordingly. Only if this is done consistently, can firms on the continent continue to grow and prosper.

It was also agreed that the ability of African law firms to benefit from globalisation of legal practice will be driven by the extent to which the law can continue to remain relevant to global clientele, respond quickly to their changing needs, provide high quality advice both cost effectively and efficiently, International trade in legal services has ensured that the legal profession and the business of law will never be the same again.

This should not be viewed as a cause for concern, but rather a recognition that the legal market is presently moving more quickly than ever in its history. It represents a wonderful opportunity for the legal profession in Africa to prosper and excel.

Africa’s negotiation position has generally been to support a limited licensing position. This allows a ‘limited’ right to foreign

lawyers ‘to provide advisory services in foreign and international law, but not a right to appear before African courts to represent clients, unless the foreign lawyers have fully satisfied the admission requirements to practice law.

Other sessions were on ‘On Poverty alleviation & Economic Growth: Removing Legal & Regulatory Obstacles to Doing Business in Africa. On Collaboration/ Cooperation among Bar Associations in Africa. Building working relations between the African Legal Support Facility, AfDB and the Legal Profession in Africa.’

Breakfast Session on African Development Bank The Guest Speaker was Mr. Stephen Karangizi, Director, African Legal Support Facility at the AfDB. Mr. Karangizi stated that African law firms must be restructured in order to benefit from AfDB. He noted that presently the bank relies on international law firms to advise it on commercial transactions. He added that African law firms give the least attention to commercial legal practice and that there is not yet sufficient specialisation amongst African lawyers.

NBA president Augustine Alegeh SAN decried the lack of patronage of African lawyers by AfDB and demanded that the bank should designate an office at its Head Office specifically for African Bar Leaders Forum. That the forum will provide staff to work in the office and pay the staff’s salaries. He further expressed concern over the bank’s treatment of African lawyers, stating that there is an attempt to debase African lawyers and look down on them in major transactions.

THISDAY LAWYER Editor, Mrs. May Agbamuche-Mbu, responding to Mr. Karangizi’s claim that African lawyers are not sufficiently skilled in ADR, stated that Africa and Nigeria particularly has enough skilled arbitrators to handle any type of commercial dispute within Africa. She cited the Lagos Court of Arbitration where she is a Director.

These were the major resolutions at the conference:r 5IBU UIF DIBMMFOHFT GBDJOH "GSJDBO DPVOUSJFT JO UIF BMMFWJBUJPO of poverty and administration of justice are largely similar. It was further observed that there are best practices on the continent on legal and judicial reform. It was agreed that an electronic forum to enable frequent information exchange to build on the partnerships forged during the conference and reach out to those who were unable to attend the conference will be launched. r 5IF OFFE GPS UIF MFHBM QSPGFTTJPO JO "GSJDB UP IBWF POF WPJDF in the articulation of issues affecting the legal profession and the administration of justice on the continent was noted by delegates, it was resolved that the possibility of harmonising the activities of the PALU and Afba will be explored. The conference appointed a Committee of Four comprising Bar leaders from Uganda, Rwanda, Tanzania, Nigeria to facilitate dialogue between PALU and Afba. r 5IF DPOGFSFODF PCTFSWFE UIF OFFE GPS UIF MFHBM BOE JOTUJUVUJPOBM strengthening of the West African Bar Association, it further observed

the need for West African Bar Leaders to be familiar with the constitution of WABA. The Conference appointed a Committee comprising of Bar Leaders from Nigeria, Liberia, Togo, Benin and the Deputy General Secretary of WABA to review WABA constitution and advise bar leaders in the region on membership and its organisational structure. r *U XBT BHSFFE UIBU UIF *OUFSOBUJPOBM KVTUJDF TZTUFNT IBWF GPDVTFE PO African countries because of the inability and unwillingness of African States to prosecute perpetrators of serious human rights violations. It was resolved that an Africa wide programme aimed at strengthening the judicial system in their countries will be developed. r 5IF TUSBJO JO UIF SFMBUJPOTIJQ CFUXFFO UIF *OUFSOBUJPOBM $SJNJOBM Court (ICC) and the AU was observed. It was noted that African countries provided support for the establishment of the ICC and that African States brought many of the communications being investigated by the ICC on human rights violations. It was further observed that Bar Associations on the continent need better appreciation of the work of the ICC in other to intervene appropriately in the dispute between the ICC and the AU. The delegates resolved to request for a comprehensive briefing from the office of the Prosecutor on the status of investigations and prosecutions of human rights violation on the continent. It was further resolved that a briefing note to all Bar leaders on the continent will disseminated. r %FMFHBUFT OPUFE UIF JNQBDU PG UIF 850 BHSFFNFOU PO UIF trade in legal services in Africa and resolved that Africa needs to adopt a common approach to the globalisation of legal practice. The delegates resolved to engage the African Union and RECs to put in place measures aimed at ensuring that African governments recognise, engage and give priority to African lawyers and law firms in all matters of legal advice and representation. r 5IF %FMFHBUFT OPUFE UIF JNQPSUBODF PG UIF NBOEBUF PG UIF "GSJDBO Legal Support Facility of the Afdb and observed that an important component of the programme of the facility is developing the capacity of the legal profession in Africa, the delegates therefore resolved to carry-out the following actions (1) to seek more information from ALSF on the specific content of its capacity building programme for African Lawyers (2) to work out modalities with the ALSF for an internship programme for nominees of African Bar leaders including establishing a desk in the offices of the ALSF (3) engage the ALSF on modalities for hosting the 2nd ABLC. r 5IF EFMFHBUFT XFMDPNFE BOE BDDFQUFE UIF PGGFS PG UIF 5VOJTJBO #BS Association to host the 2nd African Bar Leaders’ Conference in Tunis.

It was agreed that a Conference Planning Committee be established to include nominees from the Tunisian Bar Association and Conference Secretariat to facilitate the organisation of the 2nd African Bar Leaders’ Conference. It was further Resolved that the 2nd African Bar Leaders Conference will be held in Tunisia April 16-19, 2017. r 5IF %FMFHBUFT BHSFFE UIBU UIFSF JT UIF OFFE GPS USBOTJUJPO BSSBOHFNFOUT and invited the Nigerian Bar Association to host the secretariat until 16 April 2017 and give quarterly reports to the African Bar Leaders on the implementation of Conference Resolutions.

14/

26.04.2016

Key Success Factors and Potential Pitfalls to Avoid When Bidding for the NNPC Refineries Olufola Wusu

T

he Nigerian National Petroleum Corporation “NNPC”, Nigeria's state oil company, through which the federal government of Nigeria regulates and participates in the country's petroleum industry, has launched bidding to find partners to overhaul its refineries.

This is a great opportunity, for would be investors, as it was reported that Nigeria consumes 35 million litres of premium motor spirit (PMS), also known as petrol daily. However the bulk of the PMS is imported with Nigeria subsidising the cost of its importation. Nigeria spent $35 billion (N7 trillion) between 2010 and 2014 to sustain subsidy on petroleum products, according to the World Bank.

The timing of this bid, put out by the NNPC seems a bit strategic. This is because; the bid opened on April 19, 2016 and closes on May 16, 2016 long before the Aliko Dangote refinery is to come on stream. The coming on stream, of the Aliko Dangote Refinery, a $14bn (N2.8tn) refinery, fertilizer and petrochemical complex which is based in Lagos State is a transaction dynamic, no prudent investor or advisor should ignore.

Top Tips for successful bidding • Comply with all "reasonable" requests from the NNPC. • Provide information and answers to questions in full and in formats required.

• Submit a compliant bid. If necessary, be clear about any technical and commercial assumptions and/ or exclusions. Do not 'hide' them and put them in one place.

Possible Pitfalls to avoid include: • Litigation with technical partners or local partners; A contract is a “story” detailing the agreement between two or more parties, if there was no agreement in the first place, no matter how “water tight” the contract is, it may snowball into a dispute.

• Capacity Building and Technology Limitations; There have been capability and capacity issues as well as technology limitations with regards to refinery operations in Nigeria.

• Asset acquisition and management; It is key to confirm if you are acquiring possession or ownership, it is also important to be able to manage the asset well, with regards to effective host community management.

• The non-bankability of some Oil and Gas assets; has led to the inability to raise funds for the development of the fields.

• Environmental Issues; Many Oil and Gas companies have had environmental issues such as community unrest. Refineries are often the target of direct and indirect acts of vandalism, a strategy to relate with your host community is crucial.

• Incomplete Due Diligence; This should be avoided so as to avoid any unpleasant surprise as the bid winners are expected to rehabilitate the refineries.

• Inadequate Intellectual Property "IP" Due Diligence; Its key to establish any lingering IP issues to avoid any disputes over proprietary

hardware or software.

• Absence of advisory on IP in Oil and Gas issues; Refineries and gas plants are two areas of oil and gas operations, which are extremely IP centric. It's not just a technology issue! Technology issues are often contractual, and contracts are only enforceable against parties to it. IP rights are negative rights enforceable against the whole world!

I .P. Issues in Joint Ventures in Nigeria The parties participating in this bid process may at some point enter into joint venture agreements with their local partners or with some other companies. This makes an understanding of the issues related to IP in Joint Ventures critical.

At the outset of a joint venture the venturers usually have IP that they have developed, own or license and which they intend to contribute to the joint venture. In this case, the parties participating in the bid are probably coming in with proprietary technology protected by patents and other forms of IP. There is a clear need to clearly identify what IP the ventures own, what they intend to share or contribute to the joint venture.

The venturers need to envisage possible improvements and then agree on who will own improvements to prior IP and fresh IP that emerges while the joint venture is on, who will protect that IP and how it will be shared among the venturers.

IP management when JV is terminated What will happen to the IP when the joint venture is complete or if it is terminated?

Pitfalls Unique to Joint Ventures Lack of clarity as regards who owns the IP contributed to the project, improvements on such IP or new property that is developed may lead to ownership disputes that can be costly, lengthy and freeze a profitable project.

Employees acting on behalf of the joint venture / one of the venturers.

Ambiguities arise when employees are acting on behalf of the joint venture or one of the venturers. In IP it tends to blurs the line of ownership. Intellectual property created in the course of employment is typically owned by the employer.

Joint venture parties should account for profits via collection and distribution mechanisms after joint venture ends IP created in the joint venture may continue to generate revenue after the project is concluded, for example by way of licenses to third parties.

Prepare for the costs associated with protecting IP Part of any good IP protection strategy for Joint Ventures in Nigeria should include some budget to properly commercialise their IP in other to maximise profit and a willingness to fight any IP infringers and the proper identification of the party with such responsibility possibly the operator.

Failure to determine who will manage that process and how the costs will be shared can lead to costly disputes.

Global Best Practices Include IP Terms in the Joint Venture Agreement The Oil and Gas industry has ceased to be a commodity based industry; it is now a knowledge based industry with innovations flying at the speed of light. Refinery operations are particularly IP intensive.

The joint venture agreement needs to consider IP contributions, ownership, development, and protection at the very least. IP is a little complex but valuable and venturers should engage lawyers who understand both oil and gas and the subtle differences in the law pertaining to patents, trade secrets, industrial designs, copyright and trade-mark agreements covering ownership for one type of

IP may not apply to another type and different issues can have long term impact on the protection/ commercialisation of certain types of intellectual property.

Building the value of Oil and Gas Companies with IP Registration and Enforcement Strategies The Nigerian Experience Some Nigerian companies have entered into joint ventures with established oil majors, but found themselves holding the short end of the stick after being schemed out of the equation by the supposed technical partners.

Foreign investors who enter into joint ventures with local partners may also find themselves holding the short end of the stick, if they fail to seek appropriate counsel.

Consequences of Failing to Protect Trade secrets/other IP IP Theft; practical steps must be taken to protect IP and trade secrets concerning the refinery technology to prevent its removal by staff and the technical partner in violation of company policy and its being used in such a way that violates this policy and prejudices the bid winner and operator of the refinery.

Non-Compete Enforcement; parties may consider using non-compete contracts with employees to ensure that present and former workers are not collaborating with competitors or using private company information or trade secrets at another company.

Possible Network Breach; in the oil and gas industry protection of IP is essential to the success of the business; preventing the theft of the IP intellectual property and possible system collapse in the refinery is key.

Conclusion Investing in Nigeria, requires the guidance of skilled local advisors and a bit of patience, do not hesitate to contact me if you have any questions.

Olufola Wusu is a Commercial, Oil and Gas and I.P. Lawyer with Megathos Law Practice.

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Chief Judge of the Lagos State High Court and other Senior Members of the Nigerian Judiciary Declare Support for Alternative Dispute Resolution Mechanisms

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he Lagos Court of Arbitration (LCA), Nigeria’s premier private sector driven alternative dispute resolution (ADR) services provider recently received the Chief Judge of Lagos State High Court, Honourable Justice Mrs. Oluwafunmilayo Atilade, Honourable Justice Samuel Candide-Johnson and senior members of the Lagos State High Court on a day work visit at its International Centre for Arbitration and ADR in Lekki, Lagos.

In a remarkable demonstration of their support for ADR proliferation in Lagos State and the nation at large, Honourable Justice Atilade reiterated the symbolic relationship that has always existed between ADR and the Judiciary as well as the direct impact on economic advancement. While pointing out the strategic business enabling efforts of the LCA and the Courts especially in improving access to commercial justice for the burgeoning private sector in Nigeria, the Chief Judge said “further collaborations between the LCA and the Lagos Judiciary in the areas of ADR promotion will be favourable to Lagos and Nigeria’s business climate by not only reducing the commercial cases in the Court’s docket but also supporting the efforts of the Government in attracting investments”.

Receiving the delegates to the LCA was the first pioneer President of the LCA, Mr Babajide Ogundipe, Mrs Funke Adekoya SAN, Director, LCA and Mr Yemi Candide-Johnson SAN, President, LCA. In his welcome remarks, Mr Candide-Johnson SAN expressed his ap-

Lagos State Chief Judge, Hon. Justice Oluwafunmilayo Atilade puts up her comment on the Lagos Court of Arbitration visitors' feedback board during her working visit to the International Centre for Arbitration and ADR Lekki, Lagos on 6th of April 2016

preciation to the Lagos State High Court for its progressive and goal-oriented nature. He stated “We are proud that the Lagos State Judiciary, under your leadership, has remained a beacon of judicial excellence in Nigeria. As a stakeholder in the dispute resolution sector of the State, the LCA will continue to engage and collaborate with the Lagos State Judiciary in order to position Lagos as the dispute resolution hub in Africa”. Mr CandideJohnson SAN reinforced the LCA’s commitment to further strengthen ties with Lagos State High Court by organising stakeholder forums and ADR workshops where members of the Bar, Bench and ADR practitioners can exchange knowledge and information about the rules, laws and mechanisms in place for effective ADR to develop in Lagos and Nigeria.

Hon. Justice Babajide Candide-Johnson, Lagos State Chief Judge, Hon. Justice Oluwafunmilayo Atilade and President, Lagos Court of Arbitration, Mr. Yemi Candide-Johnson SAN during Chief Judge's working visit to the International Centre for Arbitration and ADR Lekki, Lagos on 6th of April 2016

In progressive strides, the LCA is implementing a series of industry-specific ADR Roundtables, interactive ADR Speakers network meetings with lawyers, students, entrepreneurs and business managers on the practical guides of applying ADR mechanisms to their business advantage through expeditious and efficient dispute resolution services. In addition, the LCA is recommending the introduction of Optional Fast-Track ADR Services for Micro, Small & Medium Enterprises (MSME) in Lagos Metropolis.

The LCA has continuously emphasised the crucial role of the Judiciary in supporting ADR through its ADR awareness series, and has partnered with local and international ADR institutions to deliver training seminars to High Court Judges of the Federal Capital Territory, Abuja and Lagos State

in 2015 and 2013 respectively. Similarly, plans are ongoing to extend ADR trainings to High Court Judges of other States of the Federation.

As part of the visit, the delegates were ushered on a tour of the International Centre for Arbitration and ADR (ICAA), Africa’s first purpose built ADR Centre equipped to meet users’ demands in line with international standards. Commending the LCA on the maintenance of the Centre and its facilities, Honourable Justice Atilade described the Centre as a national pride being on equal standing with other renowned ADR centres such as the Maxwell Chambers in Singapore.

Registering her view of the performance of the LCA on the visitors’ feedback board, Honourable Justice Mrs. Atilade had a “Well done rating for the LCA”.

Lagos Court of Arbitration to Blueprint User-Based Solutions to Facilitate Business Dispute Settlement in Nigeria’s Entertainment Industry

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riven by the quantum of pending entertainment industry related disputes in Nigeria’s Superior Court of records, the Lagos Court of Arbitration opened its doors to entertainers and other stakeholders in Nigeria’s entertainment industry to a daylong workshop on the use of Alternative Dispute Resolution (ADR) mechanisms for securing investments and contract agreements within the sector.

As the third in the LCA’s Industry Roundtable Series, the focus on the Entertainment Industry attracted leading indigenous entertainers such as Mr Steve Onu “YAW”, On-air personality; Mildred Okwo; Award Winning film director and producer; Mark Redguard, CEO, 960 Music; Obi Asika, Founder, Storm 360; Mr Mathias Obahiagon, former President, Directors’ Guild of Nigeria; Rita Dominic, Award Winning Actress among others.

The panel of distinguished discussants included Mr. Mena Ajakpovi, Partner, Abraham and Co; Uche Nwokocha, Partner, Aluko & Oyebode; Mrs Kemi Eweje, General Manager, Chartered Institute of Arbitrators UK (CIArb Nigeria Branch); Mr Fred Amata, President, Directors’ Guild of Nigeria; Professor Fabian Ajogwu SAN, Vice-President LCA and Managing Partner, Kenna Partners; Mr Yemi Candide-Johnson SAN, President, LCA; Mr Yibo Koko, Comedian and Ms Megha Joshi, Executive Secretary, LCA. The workshop commenced with an interactive discussion on the particularities of disputes in the industry, led by Mr. Ajakpovi highlighting the governing laws of the entertainment industry to mention a few, Copyright Act 1988, The Common Law Contract and Trademark Act 1965. Furthermore, participants were engaged in an intellectual exchange of ideas on certain popular disputed cases in the entertainment industry. In wrapping up his presentation, Mr Ajakpovi stated “for Nigeria to fully harness the enormous business and job creation potential of the industry, its stakeholders have to embrace globally acceptable means of resolving pending and emerging disputes”.

Stressing on the need for entertainers to have a working knowledge of ADR, Mrs. Eweje from the Chartered Institute of Arbitrators, UK (Nigerian

Mr. Mena Ajakpovi, Partner, Abraham and Co; Ms Megha Joshi, Executive Secretary, LCA; Mr Fred Amata, President, Directors Guild of Nigeria; Mrs Vivienne Edozie, Project Director, ICF; Professor Fabian Ajogwu SAN, Vice-President LCA and Managing Partner, Kenna Partners; Mr. Obi Asika, Founder, Storm 360 and Ms Nwanne Okafor, Head, Support Services, LCA

Branch) urged participants to explore the training offerings of ADR mechanisms.

Following in the steps of the earlier speaker, Ms Uche Nwokocha spoke on the role of Intellectual Property Rights and Traditional Contractual Relations in the Entertainment Industry. She discussed trademarks, trade secrets, publicity rights, patents, and copyright in relation to framework it provides.

Ms Nwokocha stated “as stakeholders, we should set direction for reform to ensure that copyright does not intrude where counter-productive. As necessity simplify the law wherever possible, or at least make practice comprehensible and intuitively sensitive and ensure enforcement is proportionate and effective”.

Mr. Fred Amata was able to offer an entertainer’s perspective discussing how conflicts usually occur all across the process of movie production; from pre-production, during production and post production stages. He recommended that all stakeholders including operators and investors alike should create a user-based friendly solution that will consist of trained entertainers capable of resolving their disputes in line with international standards of dispute resolution practices. In particular, Mr Amata expressed his pleasure on the recent attempts of stakeholders to fight piracy issues that

plagued the entire industry.

Bringing his wealth of experience in the legal profession as an author, lecturer and ADR Neutral, Professor Fabian Ajogwu SAN led participants on the methodology of utilising of Arbitration in entertainment industry disputes. Professor Ajogwu SAN started his presentation by unmasking the prevalent nature of upcoming artists in Nigeria and Africa in general, describing the attitude as “familiarity syndrome”, and he referenced some famous disputes to buttress this point. Receiving approval from the participants that entertainers need to be prudent and plan for disputes in business, he highlighted the importance for artists to understand the intricacies of an incomplete agreement and a non-disclosure agreement. Furthermore, he emphasised the importance of adopting the Lagos Court of Arbitration model dispute resolution clause in simple contact agreements citing confidentiality, preserving business relationships, industry expertise, time flexibility, promptness and efficiency: “ADR is the best option for settling disputes as it suits the informal personalities of Nigerian Entertainers especially as the Nigerian entertainment industry is still growing and thus disputes in the sector are best suited for mediation and arbitration”.

The afternoon sessions commenced after a one hour lunch break with Ms. Megha Joshi engaging

participants on the role of the LCA in providing ADR services to settle commercial disputes. She emphasised the advantages of procedural rules in conducting ADR and the purpose of the LCA Arbitration and Mediation Guidelines. She encouraged attendees to subscribe to the LCA’s membership base to benefit from direct access to ADR knowledge and counsel.

During the panel session, Mr. Yemi CandideJohnson SAN advised participants to utilise mediation for common disputes, as “the entertainment industry is a close knit community and it is important not burn bridges”. He emphasised the aim of the LCA Industry Roundtable Series as important outreach to formulate practical solutions for different sectors of the Nigerian Economy.

Mr. Yibo Koko added his view as an entertainer, he stated that the majority of the operators in the industry are not well informed on the benefits of ADR. He explained that creating awareness for entertainers regarding their rights was paramount if Nigeria’s entertainment industry is to achieve global dominance. He concluded that protecting investment is a fundamental right of any entertainer, and should be done proactively. He commended the LCA for inviting entertainers to share in the positive developments for creating a user-based solution blueprint.

Professor Ajogwu SAN in his closing remarks stated that the entertainment industry is evolving and Nigeria has just scratched the surface. He dispelled the erroneous perception that ADR is only exclusive to the oil and gas industry, and noted that it was time for entertainers to integrate dispute resolution clauses into every agreement and participate in orientation courses that allows them know their rights. The LCA will work with stakeholders to develop a fast track scheme for disputes that arise within the entertainment industry.

About the LCA: The LCA is an independent private sector driven international centre for the resolution of commercial disputes by arbitration and other forms of alternative dispute resolution services. The LCA is headquartered in Lagos, Nigeria and provides services to local and international parties and the entire sub-Saharan region. The use of internationally recognised arbitrators, modern facilities and the adoption of cutting-edge technology makes the LCA an efficient and best-in-class arbitration institution.

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26.04.2016

The Nigerian Bar Association organised its First African Bar Leaders’ Summit with the theme ‘Reducing Poverty and Promoting Sustainable Economic Growth in Africa through Reforms in Administration of Justice’ from April 10th-13th 2016 at the Intercontinental Hotel, Lagos. Here are the distinguished Members of the Bench, African Bar leaders, notable Members of the Bar and key stakeholders who attended the opening ceremony and conference.

Hon. Justice Kudirat Kekere-Ekun of the Supreme Court and Hon. Justice Sidi Dauda Baje of the Court of Appeal

L-R: Mr. Seni Adio, Lagos State Attorney General and Commissioner for Justice, Adeniji Kazeem and Mr. Sylva Ogwemoh SAN

L-R: NBA President, Mr. Augustine Alegeh SAN, NBA General Secretary, Mazi Afam Osigwe and Head of the Jurisdiction, Complementarity and Cooperation Division at the ICC, Mr. Phakiso Mochochoko

L-R: Mrs. May Agbamuche-Mbu, Mrs.Hairat Balogun, Lagos State Attorney General and Commissioner for Justice, Adeniji Kazeem and Mr. Obi Okwusogu SAN

L-R: Queen Gladys Fri Mbuya, Mrs. Dorothy Ufot SAN, Chief Adegboyega Awomolo SAN and Chief (Mrs) Victoria Awomolo SAN

L-R Chief Ziggy Azike, Mr. A.B.Mahmud SAN, Mr. Augustine Alegeh SAN and Mr. Dele Adesina SAN

Dr. Olumide Ayeni and Attorney General of Ogun State,Ms. Folake Abiodun

L-R: Mr. Masud Alabalewe, NBA Executive Director, Mrs. Ifueko Alufohai and Chairman Conference Planning, Mr. Olawale Fapohunda

Mr. Godfrey Nyoni, councilor, law society of Zimbabwe (left) and Mr. Rustico Lawson Banku of Togo

Chief Joe-Kyari Gadzama SAN

Hon. Justice Babajide Candide-Johnson

Mr. Tou Boutrauy of Burkina Faso (left) and Mr. Elijah Banga of Zimbabwe

L-R: Mr. Maitre Aboubacar Sidiki Camara of Barreau De Guinne, Falilatou Saizonou-Bedie of Benin and Mr. Cyrille Djikui of Benin

Mr. Oluwole Akintokunbo (left) and Mr. Francis Ekwere

L-R: Mr. Lassiney Kathann Camara (left) and Mr. Imed Ben Cheikh of Tunisia

L-R: Mr. Daouda Samna, Ms Aisha Ado Abdullahi and Mr. Agada Elachi

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD

ENERGY

Avoiding a PIB of Controversy As the administration of President Muhammadu Buhari begins work on a new Petroleum Industry Bill (PIB), Ejiofor Alike writes on the need to avoid the pitfalls that stalled the passage of previous versions of the reform bill for seven years

The Petroleum Industry Bill (PIB), a transformative piece of legislation that seeks to consolidate 16 different Nigerian Petroleum Laws into a single document was a product of a reform initiated by former President Olusegun Obasanjo on April 24, 2000. On the said date, the former President set up the Oil and Gas Reform Implementation Committee (OGIC), headed by his Honorary Special Adviser on Energy and Strategic Matters, the late Dr. Rilwanu Lukman.

Obasanjo had mandated Lukman’s committee to carry out the first comprehensive reform of the oil and gas industry but the National Oil and Gas Policy (NOGP) produced by the Lukman’s committee was not implemented before Obasanjo’s tenure ended on May 29, 2007.

However, the imperatives for reform in the sector prompted the late President Umaru Musa Yar’Adua to reconstitute a new committee, also headed by Lukman, on September 7, 2007.

Lukman’s new committee, which submitted its report on August 3, 2008, was mandated to “transform the broad provisions in the NOGP into functional institutional structures that are legal and practical for the effective management of the oil and gas sector in Nigeria”.

The PIB, which establishes a new legal and regulatory framework as well as new institutions and regulatory authorities to replace about 16 obsolete legislations in the oil and gas sector, was a product of Lukman’s committees.

The passage of the PIB, which was first sent to the National Assembly during Yar’Adua’s administration, was unduly delayed until Yar’Adua demise. Following the criticism of the initial draft of the bill sent by the late Yar’Adua by Nigeria’s business partners, former President Goodluck Jonathan, on assumption of office, withdrew the bill to enable the executive

address contentious areas and ensure that all stakeholders were carried along.

Before he resubmitted the bill, the Jonathan’s administration had set up a Special Taskforce on the Review of the PIB and a PIB Technical Committee, which reviewed the reform legislation with new inputs from the government and the operators.

Speaking on the differences between the late Yar’Adua’s version of the PIB and the new bill submitted to President Jonathan in May 2012 by the task force and the technical committee, the immediate past Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke said the two teams had reconfigured the various sections.

“The fiscal regimes used are so much different. The manner and templates for various calculations have been looked at differently, and other fiscal areas. The issue of domestic gas and fiscal regime for domestic gas has been looked at robustly. The issue of the reconfiguration of the NNPC is to ensure that going forward, it becomes the commercial entity that it is supposed to be and we can actually grow a first rate national oil company that over the years will grow to compete with other national oil companies such as Petronas and Petrobras. All these have been looked at. The administrative roles and some of the others have also been looked at,” the former minister had explained.

On July 19, 2012, former President Jonathan sent to both chambers of the National Assembly a revised version of the PIB for consideration and passage into Law. Unfortunately, the seventh National Assembly could not pass the bill almost three years after.

After allowing the all-important piece of legislation aimed at reforming Nigeria’s oil and gas industry to attain global standard to

waste for seven years under the legislative inefficiency that allegedly characterised Nigeria’s previous National Assembly, the seventh House of Representatives suddenly woke up from its apparent slumber and passed the reform bill, few hours to the end of its tenure in June 2015.

Before the former Lower House passed the PIB, the Seventh Senate had a day earlier performed a legislative magic by passing 46 bills within 10 minutes, just a day to the end of its four-year tenure.

But the failure of the upper chamber to pass the PIB made mockery of the exercise carried out by the Lower House, a development, which prompted former Senate President, Senator David Mark to apologise for the failure.

“I and I alone take full responsibility for all omissions and commissions in the last four years during my tenure as President of the Senate but we all share in the glory and successes,” Mark had said. Mark also identified the non-passage of the PIB as a major failure of the seventh National Assembly “For instance, we were not able to pass the PIB and our constitutional amendment is stalled,” he said.

The implication of the non-passage of the PIB by the former Senate was that the new administration of President Muhammadu Buhari had to withdraw the bill and re-submit it to the eighth National Assembly for fresh deliberation and passage.

However, the greatest single factor that hindered investments in Nigeria’s oil and gas industry since the past 10 years is what the operators described as the general uncertainty in the operating environment.

Clearly uncertain of the possible impact of the PIB on the profitability of new investments,

the international oil companies (IOCs) operating in Nigeria continued to hold on to world-class investments, citing uncertainty of the operating environment. As Nigeria is witnessing dwindling investments, other countries especially in the West and East Africa have made large discoveries of oil and gas, providing alternative destination for investors. But what are the factors that hindered the passage of the previous versions of the reform bill?

Petroleum Host Communities Fund As part of the measures to curb restiveness and militancy in the oil-producing communities, the promoters of the previous PIB had set out to create a fund in the PIB to be known as the Petroleum Host Communities Fund (PHC Fund) to be utilised for the development of the economic and social infrastructure of these communities.

Section 125 of the previous draft reform bill provides for the creation of the fund to provide social and economic infrastructure for the oil-producing areas.

Under Section 127 of the bill, each company that is involved in oil and gas exploration and production is required to remit into the fund on a monthly basis, 10 per cent of its net profit, which the reform bill defined as the adjusted profit minus the Nigerian Hydrocarbon Tax and minus the corporate income tax: “(a) For profit derived from petroleum operations in onshore areas and in the offshore shallow water areas, all of such remittance directly into the PHC Fund; (b) For profit derived from petroleum operations in deepwater areas, all of the remittance Continued on page 26

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD

ENERGY AVOIDING A PIB OF CONTROVERSY

directly in equal shares to each State Government of the eight littoral states of the Federal Republic of Nigeria.” “(2) At the end of the fiscal year, each upstream petroleum company shall reconcile its remittance pursuant to subsection (1) of this section with its actual filed tax return to the Service and settle any such difference. (3) The contributions made by each upstream petroleum company pursuant subsection (1) of this section, will constitute an immediate credit to its total fiscal rent obligations as defined in this Act. (4) Where an act of vandalism, sabotage or other civil unrest occurs that causes damage to the upstream facilities allocated to a community, such community shall forfeit its entitlement to the portion of the PHC Fund determined by the Inspectorate to be sufficient for repair and remediation of the damage.

(5) The Minister shall, subject to the provisions of this Act, issue regulations on the governance and management structure with respect to this Chapter”.

But a section of the people from the northern part of Nigeria rejected the sections of the previous PIB, which stipulated that oil companies must remit 10 per cent of their net profits to host communities. To appease the north, the PIB had provided for the establishment of National Frontiers’ Agency to embark of oil exploration in the Chad and other basins.

But the north also faulted Section 9 of the reform bill that provides for the establishment of National Frontiers’ Agency, otherwise known as Petroleum Technical Bureau, as a unit under the office of the Minister of Petroleum Resources.

The northern law makers had argued that the agency should exist as an independent body and not be under the Minister of Petroleum.

On the issue of 10 per cent fund, the north also argued that the Niger Delta did not deserve additional funds, having allegedly received N11 trillion from derivation and other funds since 1999.

They insisted that the people of the Niger Delta have had a fair share of the oil resources, with the setting up of the Niger Delta Development Commission; Ministry of Niger Delta and 13 per cent derivation paid to their states.

According to the north, the revenue that one state in the Niger Delta collects monthly from the Federation Account is more than that of four states in the north. They alleged that different state governments in the oil-producing states that had been receiving 13 per cent derivation had nothing to show for it.

Fiscal/tax issues With data collated by Wood Mackenzie, and other independent analysts, both the federal government, through the NNPC and the international oil companies (IOCs) also embarked on campaigns to attract support for their differing positions on the bill.

Citing the data from these foreign independent analysts, as well as the oil industry analysts the IOCs and 16 Nigerian companies led by Shell; Chevron, Total, Agip, ExxonMobil, and Addax Petroleum had opposed the fiscal terms in the reform bill, insisting that it would put investments in deepwater at risk and “extremely uncompetitive.”

They expressed concern that even the existing fiscal terms are among the harshest in the world, in addition to the high risks and costs due to security and bunkering in the oil-producing communities. Comparing Nigeria’s deepwater regime with global deepwater regimes, the companies said the federal government take or share for Production Sharing Contracts (PSCs) would also be among the highest in the world in the event of the passage of the bill.

Nigeria under pre-PIB, according to the IOCs, has a royalty rate of zero to eight per cent, tax rate of 50 per cent and 20 - 60 per cent federal government’s share of profit oil, with incentives of $1.38 per barrel of oil equivalent as incentives to the oil companies.

Supporting their argument with a data by Wood Mackenzie, the companies said the PIB proposed between 18 and 26 per cent royalties; 55 per cent tax rate and 20 - 75per cent government’s share of profit oil; with only $0.34 per barrel of oil equivalent as incentives to the oil producers.

They pointed out that Angola collects only zero per cent royalty; 50 per cent tax and between 25 and 80 per cent government share of profit oil, with $1.84 as incentives to the oil firms.

Buhari Brunei, according to the IOCs, collects eight per cent royalty; 55per cent tax rate, between 14 and 50 per cent profit oil but gives no incentives to oil companies. Equatorial Guinea, the companies reveal, collects between 12 to 16per cent royalty; 35 per cent tax, between 10 and 60 per cent profit oil and also gives no incentives.

The fiscal regime in Indonesia is also more competitive than Nigeria as the firms stated that Indonesia collects 10 per cent royalty; 30 per cent tax; between 46 and 73per cent profit oil and gives $0.38 incentives.

Malaysia collects 10 per cent royalty; 38 per cent tax; between 14 and 50 per cent profit oil and gives incentives of $1.05per barrel of oil equivalent. Also citing Wood Mackenzie, the IOCs insisted that federal government take for Production Sharing Contracts (PSCs) in Nigeria post-PIB would not be globally competitive.

Comparing Nigeria’s take as a percentage of the net revenue with the world-wide government take, the companies argue that Trinidad takes 58 per cent; Angola, 62 per cent; Nigeria, 70 per cent; Equatorial Guinea, 75 per cent; Egypt, 79 per cent; Malaysia, 85 per cent; Indonesia, 87 per cent and Nigeria, under the PIB, 96 per cent.

Onshore, the firms said the PIB would also make the fiscal terms globally uncompetitive, thus putting investments at risk.

They supported their positions with a data from WoodMac, saying that government’s take in Equatorial Guinea’s onshore/shallow water is 44per cent; Ghana, 52per cent; United States Concession, 55per cent; Kazakhstan, 61per cent and Russia, 65per cent.

United Kingdom, the data reveals, collects 68per cent; Trinidad, 73per cent; United Arab Emirate, 77per cent; Norway, 80 per cent;

Senate President, Bukola Saraki Venezuela, 82per cent; Angola, 83per cent; and Oman, 85per cent.

The federal government under the current fiscal terms collects 90 per cent but the PIB proposes 92per cent, while Libya currently collects 97per cent of net revenue from onshore/ shallow water operations.

With this argument, both the IOCs and the Nigerian independent companies mounted campaigns to frustrate the passage of the previous bill, despite the NNPC’s position that the data presented by these operators to support their opposition to the reform bill was not correct.

Multiplicity of taxes Oil and gas companies also alleged that the tax regime in the previous PIB was unfriendly to investors and insisted that the multiplicity of taxes in the bill could make investment in Nigeria’s oil and gas globally less- competitive.

The operators had pointed out, among other things, that the bill contained 11 different forms of taxes.

Some of the taxes include the payment of three per cent of each oil company’s budget to Niger Delta Development Commission (NDDC); payment of two per cent to the Nigerian Maritime Administration and Safety Agency (NIMASA); and payment of the Petroleum Profit Tax (PPT), which the PIB splits into Nigerian Hydrocarbon Tax (NHT) and three per cent Company Income Tax (CITA). Other payment include increase of Royalties to 50 per cent; increase of Gas Flare penalty to $3 per 1000 standard cubic feet per day of gas flared; two per cent Education Tax; payment of two per cent gross profit on infrastructure and payment to NiPeX (Nigerian Petroleum Exchange), which is under the NNPC. Many Regulators Another issue raised by the oil companies was that the bill contained many regulators, which they said could hinder international arbitrations.

The immediate previous version of the PIB had two regulators – one for the upstream and one for the downstream but the oil companies were saying that there should be only one regulator for the oil and gas industry instead of two.

Comparing Nigeria’s deepwater regime with global deepwater regimes, the companies said the federal government take or share for Production Sharing Contracts (PSCs) would also be among the highest in the world in the event of the passage of the bill

Excessive powers to the minister/president A section of northern senators had criticised the powers given to the Minister of Petroleum Resources by the previous bill, saying such excessive powers would be detrimental to reforms in the oil sector.

Parts of the powers of the minister as provided in the previous bill include the powers to re-assign oil blocks to operators in the industry, grant waivers, grant and revoke oil blocks unconditionally. The minister was also empowered to order the Auditor General access to some documents, and was also empowered to appoint the management of Host Community Fund.

Some members of the previous National Assembly had also criticised Section 119 of the bill, which gave the president the unilateral power to grant oil licences, saying it is against best practices.

Need for a robust PIB As the National Assembly is preparing the legislative groundwork for a new reform bill, there is need for the country to enact a robust bill that would encourage investment. With more and more countries discovering oil and gas, gone were the days Nigeria was sub-Saharan Africa’s final destination for investors.

As more countries have discovered oil and gas, investors will ultimately take their money to the countries with the highest returns on investment. To be globally-competitive in the ever changing energy dynamics, the federal government should concentrate on making the cake bigger in Nigeria’s oil and gas industry, instead of insisting on taking all the cake, which may turn out to be small if investment is discouraged by a harsh PIB. The Deputy Managing Director of Total E & P in charge of Deepwater District, Mr. AhmaduKida Musa told THISDAY in an interview that the company wanted a robust PIB that would encourage investment.

“Total wants a PIB that would encourage investment; that would encourage the growth of our oil and gas industry here in Nigeria and also make good revenues for the government and people of Nigeria. So, however or whatever PIB or in whatever form it is going to come out; if it does not address all these there will always be one party that will feel left out. So, we are for a PIB that is very robust; that is very sustainable and that gives due to everybody,” Musa explained.

To achieve these, relevant interest in all the contentious areas in the previous PIB should be harmonised to avoid ‘winner-takes-all’ situation.

Minister of State for Petroleum, Dr. Ibe Kachikwu had called for the splitting of the PIB for passage into law, which the federal government has accepted. Kachikwu had told the Senate during his ministerial screening for his position as the Group Managing Director of NNPC that the reform bill should be split into parts to avoid further delays to the oil and gas reforms.

“As long as we continue to want to pass a holistic PIB, it’s going to be a major challenge,” he said. “Once you begin to break it up into critical aspects, you begin to make a faster run to passing the PIB,” Kachikwu added.

Kachikwu said the delays had caused “a level of uncertainty that no international investor wants to grapple with” adding that the development cost the country $15 billion a year in lost investments. Kachikwu said the reorganisation of oil taxes should provide scope for giving producers incentives to invest when prices are low and for increasing the rates they pay as prices recover.

According to him, the tax changes for the oil industry can be incorporated into the national tax code. “The times when oil prices are so low that nobody is willing to invest in your country, you may give some incentives. At the time when they’re so high and people are making outrageous profits, you may increase your taxes,” he added.

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD

ENERGY

Nigerians Yet to Fully Embrace Our Audit Reports, Says NEITI Stories by Chineme Okafor in Abuja The Nigeria Extractive Industries Transparency Initiative (NEITI) has said that the huge amount of information and data contained in its various annual audit reports on how Nigeria’s extractive sector has fared so far have been largely ignored by Nigerians.

NEITI also explained that the fact that Nigerians do not take advantage of such available information to push for the actualisation of reforms in the country’s extractive sector was a huge setback on attempts to push for deeper transparency and accountability in the extractive sector.

NEITI’s Executive Secretary, Mr. Waziri Adio expressed this concern recently at a forum in Abuja.

He noted that the availability of information and data in the public domain would not be enough except citizens use them to push for and promote accountability and

good governance of Nigeria’s oil, gas and solid minerals.

Adio equally expressed the regret that although NEITI has through its various audits put a lot of information in the public space for citizens to use, they have yet to effectively utilise the findings and recommendations to bring about positive reforms in natural resource governance in Nigeria.

According to him, NEITI’s latest audit report covering both the solid minerals and oil and gas industries for the year 2013 will be published within the next few weeks.

He thus asked citizens to look out for the content of the report with which they could use to ask for accountable governance of the sector.

Adio stressed that except and until remedial issues contained in such audit reports are adequately and fully implemented, it will be difficult for Nigeria to eventually reform her extractive industry into a dynamic and result oriented industry.

Similarly, the former Chairman of NEITI’s National Stakeholders Working Group (NSWG), Prof. Assisi Asobie called on the government to work with NEITI to lead

Nigerians out of the resource curse. Asobie who said the consequences of resource curse were poverty, ignorance, and misery, added that recently resource endowed nations

whose citizens wallow in abject poverty are also prone to social unrest, conflicts and terrorism.

He tasked stakeholders in the extractive sector to

consistently empower citizens with accurate information that could build their confidence and trust in the transparency and accountability process which NEITI stands for.

Abuja Disco to Invest $200m BUSINESS EXPANSION in Metering Customers L-R: Zonal Head, South, Stanbic IBTC Bank, Mr Michael Ana; Managing Director, Emos Best Industries Ltd, Bishop Emmanuel Obiorah; The Abuja Electricity Distribution Company (Abuja Disco) has said that it plans to spend about $200 million to procure and install electricity meters at homes and offices of its customers, who still do not have meters.

The Managing Director of the Disco, Mr. Neil Croucher disclosed this when he hosted officials of the National Union of Electricity Employees (NUEE), who paid him a courtesy visit at his office in Abuja.

Croucher said in a statement by the spokesperson of the Disco, Mr. Ahmed Shekarau that the sum was however expected to be spent over a five-year period when it would have completed its mass metering program.

The mass metering programme, he explained would commence this year, and it is expected to close out the existing metering gap in the Disco’s network.

Abuja Disco from a recent metering report of the Nigerian Electricity Regulatory Commission (NERC) has 635, 980 customers out of which it has metered only 421,812 of them leaving it with a balance of 214,168.

Croucher however told the NUEE officials who included its new president, Martins Uzoegwu and General Secretary, Joe Ajaero that ensuring that Nigeria’s power sector becomes productive requires wisdom, innovation, flexibility, as well as respect for stakeholders’ perspectives.

Meanwhile, the Disco has also alleged that some of its metered customers are now circumventing their meters to consume electricity supplied to them free of charge.

Its Regional Manager, FCT North, which comprises the Life Camp, Gwarinpa,

Katampe, Bwari and Kubwa districts of the city, Mrs. Hauwa Mohammed, said these cadre of customers also defy the punitive measures meted to them by the Disco.

Mohammed said during a recent sensitisation workshop, which her region held for electricity consumers under it that the Disco has also not being able to collect 100 per cent of payments due to it from its estimated consumers.

She explained that just about 83 per cent of bills issued to her estimated consumers every month are realised because of their often refusal to pay for the electricity they consumed.

“Our losses are about 52 per cent. We generate only 42 per cent of revenue. Because the losses are so high, we are having difficulty investing and maintaining all the infrastructures like transformers repairs,” Mohammed explained.

She added that while Abuja Disco hopes to provide functional meters for all the consumers in its franchise area within two years, such instances of meter by-pass have added to make its operations quite challenging.

“Meter by-pass is a major challenge to us. Even those that are metered now bypass it. We started penalising them but I think the penalties are not really working to deter them,” she stated.

According to her, “The company is working to see if there will be a legal backing for it so people found culpable can be prosecuted.

“Maybe that can help us in a way. We go to the residents and if we observe they have by-passed meters, we penalise them.

It is part of what we are discussing in the forum today, we urge our customers not to by-pass our meters.”

President General, Ogbaru Main Market, Onitsha, Chief Victor Chukwuma Nwawuzie; and High Chief Sam Mendu, at the commissioning of the Relief Market Onitsha branch of Stanbic IBTC Bank in Anambra … recently

VowgasGetsSafetyCertificationonEngineering,Marine Operations Ejiofor Alike Impressed with the quality of service and safety precautions always deployed in its facilities, BSI, a UK-based safety regulation and certification agency has issued MG Vowgas Engineering, a three-year certificate that confirms the company’s adherence to global safety and quality standards.

MG Vowgas is a Nigerianbased EPCI (engineering, procurement, construction, installation) and maritime company operating in the oil and gas sector.

The certificate, which was issued March 10, 2016, will be due for renewal on March 9, 2019.

The EMEA Compliance and Risk Director of BSI, Mr. Frank Lee, who also endorsed the certificate, noted that MG Vowgas, by virtue of the certificate is now licensed to operate an Occupational and Health Management system since the facilities at the company (MG Vowgas) has complied with all the requirements of BSI. BS OHSAS 18001 is an approval document on occupational health and safety management system, and is part of the OHSAS 18000 series of standards. It helps companies to put in place policies, procedures and controls needed for their organisations to achieve best possible working conditions and work-place health and safety, aligned to global standards.

The certification is seen in industry circles as a reward for

the company’s total commitment to the provision of high quality services, provision of safe, reliable and world class facilities with impressive economic value to its clients and the nation.

Commenting on the significance of the certification, the Managing Director of MG Vowgas, Mr. Godwin Izomor expressed satisfaction with the “progress being made by MG Vowgas as we now have even international endorsement as a way of confirming not only our capacity but our determination to adhere to international best practices in engineering concerns.” ‘‘We have in place a Documented Quality Management System that enhances effective working processes, prompt and efficient services delivery within a secure operating working environment. With this certification, MG Vowgas Limited has joined the league of other reputable firms in the world and indeed a few in Nigeria who place premium on their people and practices.

This is in line with our continuous adherence to global standards,” Izomor said.

Knowing the determination of MG Vowgas Limited, a recipient of the International Safety Awards, from the prestigious British Safety Council in 2015 to always set a mark as an indigenous firm of repute, this certification could not have been a surprise to all the stakeholders who have benefitted from the company’s operations

Izomor noted further that the company is poised to re-invigorate the local content policy of the federal government as it is set to launch its soon-to-come ultra modern fabrication

yard which is bound to reduce work place hazards, boost employee morale and also make profit as there will be a remarkable increase in indigenous participation in the oil and gas sector.

Halliburton Cuts 6,000 Jobs in 1Q, Delays Earnings Call Halliburton Co has said that it cut more than 6,000 jobs in the first quarter, during which revenue slumped 40.4 percent and it took a $2.1 billion restructuring charge mainly for asset write-offs and severance costs.

The No.2 oilfield services provider also said it would now hold its earnings conference call on May 3, instead of April 25, to accommodate the April 30 deadline for its acquisition of Baker Hughes Inc. Halliburton’s “operational update” was issued in a statement after the market closed on Friday.

The company is scheduled to report first-quarter results on Monday, April 25. Halliburton and Baker Hughes have set a deadline of April 30 to close the deal, which will help close the gap on market leader Schlumberger Ltd. But, the merger, which was announced in 2014, faces stiff regulatory hurdles.

The U.S. Justice Department filed a lawsuit this month to block the deal, citing competition worries. European Union

antitrust regulators could make its objections to the deal known to Halliburton next week, Reuters reported on Wednesday, citing sources.

The deal between the two companies was in part to help them weather the current oil price downturn, which started in 2014, and its aftermath.

Since 2014, Halliburton has reduced its headcount by about a third and reduced costs drastically.

“Life has changed in the energy industry, especially in North America, and over the past several quarters we have taken the steps to adapt to that fact,” Chief Executive Dave Lesar said.

The company said it expected spending on drilling and completion services to fall 50 percent in North America this year, following a 40 percent decline last year.

It expects global spending to drop 30 percent for the second straight year. Halliburton said its revenue dropped to $4.2 billion in the quarter ended March 31 from $7.05 billion a year earlier.

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD

INDUSTRY

Technology as Panacea to Herdsmen/Farmers Clashes Crusoe Osagie urges the government to adopt technology and innovation in order to surmount the herdsmen/farmers bloodbath The numerous threats, which Nigeria faces will make even the most optimistic person raise some doubt about the nation’s future.

The list of these threats is endless with the likes of the Niger Delta militants, Boko Haram terrorist, Biafran agitators and the Herdsmen/farmers crisis leading the pack.

The unfortunate thing about these problems however, is that if nipped in the bud, most of them would not have degenerated to the point where lives were lost.

Ancient Animal Herding The herdsmen/farmers frequent face-off across the country for example, according to experts, are absolutely needless occurrences if simple steps were taken on time.

Nigeria is yet to become self-sufficient in meat and dairy production and consumption, despite her huge livestock potential.

The huge loss of earnings and job losses in addition to the unwarranted killings and destruction of crops and property from the Herdsmen/Farmers crisis, cattle rustling to mention a few are shaking the country to its marrow.

A deeper look at the crisis shows that the lack of appropriate technology and innovation suitable for the traditional cattle farmers and their modern counterparts is actually the bane of the sector’s performance as well as the cause of the ensuing mayhem.

For certain, the much talked about diversification of the economy needs to begin from this sector. If appropriate technique to enable the country harness the abundant opportunities are immediately deployed, a lot can change.

The recent understanding reached between President, Muhammadu Buhari and state governors to establish Ranches and/or Grazing parks around the country as a way out of the crisis might provide some succour if the political aspects are properly handled, but beyond settling the crisis, it is important to note that the reason for the lingering crisis is that Nigeria has overlooked the importance of developing the beef and dairy sector in line with modern production techniques.

In Nigeria, we still have cattle moving within bushes, city highways, airport runways and the rest. It is high time we used the technological approach in solving these challenges.

So much can be achieved in reviving the nation’s economy if modern production techniques are brought into this sector.

New Solution According to an expert and Chief Executive of Fodder Green Technologies Group, Mr. Edward Mba, his company has articulated the problems, proffered some workable solutions through a business model concept comprising of Fresh Livestock Feed Production Technologies and Structured Training with the hope of partnering with the Nigerian government in moving the economy forward through the process it has put together.

The model, called Fodder Green Technologies Limited (FGTL), is a fully incorporated Nigerian company aimed at promoting improved animal husbandry in Nigeria through the provision of fresh and baled livestock feed production technologies, training and business models in agriculture.

The company is licensed to represent Fodder Solutions of Australia in West Africa.

Fodder Solutions make a climate controlled growing chamber to meet livestock feed requirements of the small to the large -scale farmers.

The company handles modern livestock technology development, packaging and delivery, along with a array of activities in the livestock value chain.

Imagine a system which produces pasture for cattle in a matter of hours or a few days.

The science is called hydroponics. It is a method of growing plants using mineral nutrients solutions and water without soil.

It is a technique where the physiological requirements of plants can be met without the use of soil and natural sunlight.

Hydroponics farming In the conventional system, soil acts as a mineral nutrient reservoir but the soil itself is not essential to plant growth. In hydroponics, favourable conditions are provided to the seed and food is directly supplied to the sprout. Hydroponics works well because; the plant gets exactly what it needs, when it needs it, making it as healthy as possible.

It therefore grows faster, better and yields

Fodder Solutions make a climate-controlled growing chamber to meet livestock feed requirements of the small to the large -scale farmers

more as the roots do not have to struggle for nutrients.

Hydroponics techniques have proven to be very useful and efficient for producing food for livestock.

This technique is probably the most intensive method of crop production in today’s agricultural industry.

With the possibility of adjusting air and root temperature, light, water, plant nutrition and adverse climate, hydroponics agriculture can be made highly productive, conservative of water, land and protective of the environment.

The advantages of hydroponics agriculture include but not limited to control over plant nutrition and therefore increased production, stable harvests of high quality fresh feeds which is available all the year round and can be produced on an industrial scale; the food that is available is free from undesirable materials such as weeds, insects, dust, insecticides, germicides, carcinogens and radioactive substances.

Fodder Solutions Tech Fodder Solutions feed production technology depends on hydroponics. It is a climate controlled growing system that guarantees daily production of highly nutritious fresh livestock feed.

The process is a versatile and intensive hydroponic growing unit where only seed (maize, millet, sorghum, alfalfa, barley, oats, etc), water and nutrients are used to produce grass and root combination very lush and high in nutrients on a daily basis.

Imagine taking weather, soil and the rest out of the equation for planting and harvesting.

Livestock feed are grown without soil, sunlight, chemicals, fertilisers or farm machinery.

The seeds grow on the Fodder Solutions’ specially designed sprouting trays with no growing medium. Quality animal feeds (fodder) germinate within 24 hours of seeding in the same tray for 6-days.

The sprouts have been tested at every growth stage and it has been discovered that the peak spectrum of the nutrients is available at the sixth day growth stage; this is when the sprouts are harvested at a 15cm – 30cm high grass mat.

Sprout feeding is an economical option allowing farmers grow their own feed 365 days a year (regardless of weather conditions).

Because the feed is hydroponically grown, it is fresh and clean, free of any contaminants, including pesticides and herbicides.

The application of Fodder Solution Technology by a farmer utilising 1kg of grain like maize, millet, sorghum, alfalfa, oats, and/or barley etc can produce a 7-10kg fresh fodder in just six days.

Benefits Some of the benefits, which Nigerian herders desperately need include high reduction in labour and removal of the risks associated with rearing of animals.

It is also high yielding in small area of land; low water consumption (borehole can serve as source of water) and time saving.

If our herdsmen take advantage of this technology with the support of government it may very well be the beginning of the end of needless nomadism and all its associated risks and conflicts.

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T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESSWORLD

INDUSTRY

PZ Cussons Foundation Boost Women Entrepreneurship Crusoe Osagie PZ Cussons Foundation has donated the PZ Nasara SheaButter processing facility to a women co-operative group in Tungan Wawa in Kontagora Local Government Area, Niger State.

In her speech at the occasion, a trustee of the Foundation and wife of a former president of Nigeria, Justice Fati Lami Abubakar, said the project executed by the Foundation

was an intervention to empower women economically through encouragement of rural enterprise. The new facility is to upgrade their traditional method of production and make them internationally competitive, she added.

Abubakar noted that it will bring together local processors under one umbrella and organise them into a more formal structure as enterprise. The facility consists of raw material store, structures for drying,

roasting, blending, finished goods store, borehole and other equipment and machineries.

She informed the gathering that PZ Cussons Foundation has executed over 52 projects spread in the six geo-political zone of the country since its establishment in 2007. The focal area of its mandate is in education, health care, potable water supply and road rehabilitation. The PZ Nasara Shea-Butter Processing Centre is the first outside the

Foundation’s focal area of social services and infrastructure she concluded. It is also the third project to be executed by the Foundation in Niger State. It would be re-called that PZ Cussons Foundation, as part of its CSR initiative, constructed 500 metre Market Road Minna and donated a Health Care Centre in Gbaiko, Bosso Local Government Area.

Also speaking at the event, the Governor of Niger State, Alhaji Abubakar Sani Bello,

commended the Board of Trustee of the Foundation for siting the project in the state.

According to him, it will support the effort of the government in diversifying the economy of the state by enhancing productivity in agro allied endeavours at rural levels as well as help in poverty eradication and employment. He promised to encourage other corporate bodies to do the same. Niger State has a large land mass suitable for agriculture. The

governor has unfolded plans to distribute new improved shea seedlings to encourage more cultivation.

Nigeria accounts for 57 per cent of global shea-butter production with a total value of about $3.8 billion. This project is part of the on-going effort by the Niger State Government to sensitise private sector players and other development partners to awaken rural populace especially women to tap into that potential. It has large market in USA.

Wheat Stakeholders, Farmers Agree on French Expo to Boost Nigeria’s Livestock Production Price of Locally Produced Wheat Stakeholders in the wheat value chain and wheat farmers have agreed on a minimum price favourable to farmers and the millers in the country.

Both parties met recently in Abuja to discuss and agree on the price the farmers would get for their wheat as the harvesting of 2015/2016 wheat season comes to a close.

At the meeting, convened by the Lake Chad Research Institute (LCRI), on the instruction of the Minister of Agriculture and Rural Development, Chief Audu Ogbeh, a minimum price favourable to the farmers and millers was considered.

Although the millers seemed to have yielded ground and expressed readiness to pay the minimum suggested by the farmers’ representatives,

they nonetheless asked the farmers ‘ representatives to consider lowering the price a little lower to allow the millers reduce their losses. At the meeting, after a fairly long debate among key value chain leaders, the discussants realised the need to act fast and fix a price for this season’s wheat.

According to a statement issued to THISDAY, Nigerian wheat will soon begin to be milled in the country, saying that before that happens, there is a need for the millers and the farmers to agree on pricing.

The report added that the millers have argued that they presently import wheat at nearly half the price the farmers are asking for, while the farmers made a point about their cost of production and the fact

that some farmers are under temptation to sell of their wheat harvests in the open market where it presently commands a higher price.

The risk, however, was that the market price would drop significantly when harvested wheat floods the market.

The Executive Director of LCRI, Dr. Gbenga Olabanji, urged both parties to avoid discouraging farmers from future wheat production through a present low value offer, pointing out that for the first time, the stakeholders discussed on how to bulk wheat for ease of transportation by off-takers (millers), while it was also recognised that farmers needed to be sensitised on why they needed to sell to bulk buyers (millers).

About 20 french companies are planning a trade mission to Nigeria to improve the nation’s livestock industry in terms of production and rearing, deploying innovation and technological solutions.

Promosalons Nigeria, the exclusive official organisers of the trade mission scheduled to hold from 26th to 29th of April 2016, is expected to find lasting solutions to the current crisis between farmers and herdsmen in the country The Managing Director, Promosalons Nigeria, Akin Akinbola said in a statement that the fair will provide an avenue for various methods and techniques to be made available for animal feeds and productions in the country.

He added that while the

federal government is proposing grazing locations in the affected areas and the states governments are creating bills to form the creations of ranches in their respective states, the French expo would provide a one-stop trade show where innovations and technologies can be explored and discovered in the improvement of livestock production and rearing.

“We are pleased to inform the general public, of the visiting of 20 French Companies to Nigeria on trade mission from 26 to 29th of April 2016. These 20 French companies in conjunction with French Association for the Development of International Trade in Agricultural and Food Processing Techniques (ADEPTA) will be taking part in Agrofood trade exhibition

taking place at the brand-new Landmark Convention Centre, Lagos,” he said.

He stated that the sectors to be represented during the trade mission include, agriculture & livestock, food, beverage & packaging technology and Food.

In preparation for SPACE 2016, another trade expo scheduled to take place in Rennes, France later in the year, Promosalons Nigeria, the official and exclusive representative of SPACE, the International Tradeshow for the Livestock Industry in Nigeria will be having a stand at the french pavilion to aide prospective visitors to SPACE 2016 by pre-registering them as well as give a more concise demonstration of the event in France.

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T H I S D AY • TUESDAY, APRIL 26, 2016

PROPERTY & ENVIRONMENT Most Rev. Ademowo Turns Sod to Begin Development of Zeeks Pearl in Apapa Construction of Zeeks Pearl, the first 10-storey luxury apartment in Apapa, Lagos began last week, following a ground-breaking ceremony performed by the Most Rev. Dr. Ephraim Adebola Ademowo, Archbishop of the Ecclesiastical Province of Lagos, reports Bennett Oghifo

L

ike Ikoyi, Apapa is set to have tall luxury apartments, as CMB Building Maintenance & Investment Company Limited begins the construction of Zeeks Pearl Apartments, the first 10-storey residential building in the GRA axis of the port city.

The exquisite project is being executed in collaboration with a renowned investor, Sir Ezekiel Ainabe, whose 70th birthday coincided with the sod-turning ceremony that was undertaken by The Most Rev. Dr. Ephraim Adebola Ademowo, Archbishop of the Ecclesiastical Province of Lagos.

Sir Ainabe welcomed the Archbishop, extoling him as someone who loves good things and that he was honoured to have his presence, adding that it was a rare honour.

He said the developer, CMB had some challenges getting an approval for the building to start but that it eventually got it and that they were about to begin the construction of the high-rise building.

“We are adhering to the policy of the federal government on local content development in rendering this project. We are encouraging the use of local content so that we can employ our people. This project will employ not less than 5,000 people,” he said.

Managing Director of CMB, Mr. Kelechukwu Mbagwu, said after the sod-turning ceremony, they would begin the construction a 10-storey luxury residential apartments with a penthouse.

Mbagwu said the estate would comprise two blocks of 40 units of tastefully finished 3 bedroom apartments with a service quarter and a pent house apartment. The estate will boast of facilities such as alternative power supply, potable water supply, adequate parking space, landscaped area, elevators, fire escape, a serene environment and facility management services.

According to him, Apapa has had its problems with traffic but that things were looking up and they residents expect the situation to get better soon. He said the foremost real estate development company, CMB, had over 13 years’ experience and 18 projects across Nigeria, and that the Apapa high-rise would boost its affordable portfolio of real estate development.

Zeeks Pearl is strategically located in Apapa GRA on Sir Ezekiel Ainabe Close. Its location is strategic because Apapa is the major port

Partner at Zeeks Pearl Apartments, Apapa, Lagos, Sir Ezekiel Ainabe; Archbishop of the Ecclesiastical Province of Lagos, the Most Rev. Dr. Ephraim Adebola Ademowo; Chief Mrs. Rachael Ainabe; Chief Mrs. Rebecca Aikhomu; a guest; and the Managing Director of CMB, Mr. Kelechukwu Mbagwu during the sod-turning ceremony… recently

of the city of Lagos, Nigeria, and is located to the west of Lagos Island, across Lagos Harbour. It accommodates three of the nation’s biggest seaports within its precinct.

Set apart by its close proximity to the water, Apapa is divided into a commercial section and a residential neighbourhood, the serene Government Residential Area (GRA) where the estate will be located.

CMB’s development drive towards the Apapa axis is coming on the heels of the directive by the Senate to the Federal Ministry of Works

and the Nigerian Ports Authority, NPA, to immediately begin the process of removing structures on rights of way (motor ways) and other locations impeding smooth traffic flow across the country. The senate insisted that the Federal Ministry of Works and the Lagos State Government immediately resumes the rehabilitation of the roads leading to the nation’s main ports in the Apapa area, with a view to tackling the gridlock menace there.

This obviously has given a necessary filing to the improvement of the Apapa situation

as all through 2016 the gridlock has been a thing of the past. The journey to Apapa is suddenly free and easy. With this underway, confidence has been renewed in the potential for new development and the market appetite for housing in the Apapa axis.

Mbagwu said the decision to spread its business to the Apapa corridor is largely based on the company’s drive to be a forerunner in reducing the nation’s current housing deficit. He urged developers across the country to embrace this mandate of private sector participation.

FG Appeals for Patience on Reconstruction of Apapa-Oshodi Road

T

he Federal Controller of Works, Lagos, Godwin Eke has appealed to commuters on the OshodiApapa road to be patient with the government as reconstruction work on the road would begin

soon.

Inspecting the road at the weekend, Eke, an engineer, informed journalists that Julius Berger, a construction company, had submitted cost estimates for the repair of Ilassa/Barliet/Iyana Itire sections of the Apapa-Oshodi Expressway but that the ministry was waiting for the approval of the 2016 budget.

He said the inspection of the road was necessary “to assess the current situation of the highway.”

The Controller expressed sadness over the failed portions and apologised to road

A failed section of the Oshodi-Apapa road

users on behalf of the Federal Government stating that all failed sections would receive priority attention.

According to him, “Ilassa/Barliet/Iyana Itire sections of this Apapa-Oshodi Expressway are in deplorable condition. We have made some proposals and designs on how to fix the highway and other federal roads in Lagos but it is tied to the 2016, 2017 and 2018 budgets.”

He said the Minister, Mr. Babatunde Fashola promised that the Apapa-Oshodi Expressway and all other federal roads in Lagos and throughout the federation would be fixed soon.

“We are assuring the public that as soon as the budget is passed, we will mobilise the contractors to site to begin repairs on these critical sections, that is, Ilassa/Barliet/Iyana Itire sections,” he said.

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T H I S D AY • TUESDAY, APRIL 26, 2016

PROPERTY & ENVIRONMENT

Cornerstone Partners with CDK Integrated Industries Set to Open Ultramodern Keller Williams of USA Ceramic Tiles factories

Cornerstone Real Estate Limited, Nigeria’s Pioneer indigenous housing estate provider has added yet another feather to its cap. The company has again expanded its operation beyond Nigeria. It is now in a position to buy, sell, lease or manage properties for Nigerian seeking such services in any parts of the United States of America, U.S.A. The company which is one of Nigeria’s foremost property developers of repute has entered into a relationship with the largest real estate franchise in the USA, Keller Williams Realty (KW). The partnership is aimed at bringing solutions to the need of Nigerians that desire to buy homes or investment properties in the USA. It is also to proffer solutions to those that want to Sell their USA properties or need a reliable organization to manage their USA properties for them.

This was disclosed at a Press conference by Cornerstone’s Chairman, Mr. Lanre Okupe after concluding arrangements to actualise this with the Keller Williams team in Houston Texas USA, recently.

The strategic partnership of KW as the number one real estate franchise in the USA with over 120,000 agents in more than 700 offices across the USA and Cornerstone’s almost three decades experience in delivering homes to Nigerians with more than 10 successful housing estates to its credit culminating in being a recipient of various corporate awards; will bring value to these home owners and Investors.

More so, it is believed that the duo of local expertise and strong International contact would definitely bring smiles to the faces of property investors that are keen on investing in any part of the USA.

At home presently, Cornerstone is developing 26 units of duplexes and terraces on a 4-acre estate in the Oregun area of Lagos with the phase one already completed while the phase 2 is ongoing. The Cornerstone’s Oregun Phrase 2 Housing project is strategically located at the Ikeja end of Kudirat Abiola way, Oregun. The Phrase 2, which consist of 14 units of various duplex types comprises 2 units of three-bedroom detached houses with one boys’ quarters; six units of Four-bedroom semi-detached houses with one room boys’ quarter and six unites of three-bedroom terrace houses.

According to Okupe, each duplex, which sits on an approximately land area of between 350 and 400 square meters compromising four bedrooms, are all en-suite; consists of ground floor space which include the entrance lobby, foyer, main living room, dinning, kitchen, visitor’s toilet and en-suite guest room.

The first floor area includes the family lounge with balcony, two bedrooms and the master’s bedroom allen-suite; spacious living and dining areas(s) with exquisite woodwork, well finished wardrobes and kitchen cabinet as well as P.O.P ceiling.

It also comprises stainless steel aluminum railings.

Interestingly, the procedures for purchase of housing types are simple and friendly. The cornerstone boss disclosed that installment payment is allowed, with 30% down payment while the balance is spread over a year period.

Also, the company has Bungalows and Serviced plots for sale at its 50 acre Cornerstone Ofada Estate located within the strategic real estate development corridor of Ogun State.

Fadekemi Ajakaiye CDK Integrated Industries is now ready to open its state-of the-art Porcelain and Ceramic factory next month, according to the Chief Executive Officer Dr Khater Massaad, in a media chat at the factory in Shagamu, Ogun state.

This ultra-modern factory is built on a million square meters of land to meet global ceramics and sanitary wares industry demand, particularly in Africa and Europe.

Massaad, who has over two decades experience and track record of investment in the ceramics industry world, predicts that Nigeria would be a major hub for exporting of ceramic tiles and sanitary wares to other African countries and Europe in the nearest future with the establishment of CDK Integrated Industries.

“Our aim is to produce

has served as an advisor to a number of Central Banks and government ministries in several Sub-Sahara African countries.

He has also advised the World Bank and the United Nations in different capacities. He brings to NMRC substantial experience in Risk management acquired while serving in quality institutions and establishment.

Professor has won several awards and distinctions including Houblon-Norman Senior Fellow of the Bank of England.

He has been serving as a Director and Chairman of the Board Audit and Finance Committee of SEPLAT Petroleum Company.

Mr. Charles Adeyemi Candide-Johnson (SAN, FCI Arb) is Senior Partner at Strachan Partners, a leading commercial law firm with offices in Lagos and Abuja, Nigeria and substantial practice across the nation. He was called to the Nigerian Bar in July, 1984 and in the same year received his LLM Degree from the University of London. He was conferred with the rank of a Senior Advocate of Nigeria in September 2003.

Between 1984 and 1990, he

certification in the shortest possible time.”

CDK Integrated Industries Sanitary Wares factory will be producing five hundred thousand pieces annually of several models of European designer collections, using the best technology, best raw materials, highest standards, world class fittings and soft closing hinges, amongst others.

CDK Integrated Industries Porcelain and Ceramic tiles factory will be producing 60X60 CM, 30x60 CM and 40x40CM polished, glazed, glazed polished and soluble salt tiles with superior quality, using state of the art technology and latest digital printing equipment.

CDK Integrated Industries will be employing over a thousand Nigerians to be part of this dream of a world class factory that will contribute to the development of the

economy as CDK Integrated Industries will be reducing the importation of tiles from Italy and other countries thereby also helping to give value to the Nigerian economy.

Over sixty five million square meters of ceramic tiles are imported into Nigeria according to Ceramic World review magazine published in Italy.

CDK Integrated Industries plan is to help Nigeria address this challenge of importation by producing the highest quality of tiles and Ceramic products that will shift the world focus to Nigeria in the area of ceramics and sanitary wares.

With active contribution to the construction of over fifty factories across the world, Massaad concluded that the investment in Shagamu Ogun state Nigeria would transform the economy of the communities and of the country.

L-R: Promoters of the Cornerstone-Keller Williams partnership: Agent Services, Garret Hall; assistant MCA, Teresa Garza; Cornerstone Chairman, Lanre Okupe; and CEO/Team Leader, Michael Bossart

NMRC Appoints Board’s Independent Directors The Nigeria Mortgage Refinance Company (NMRC) has appointed four independent Directors to serve on its Board, in line with its commitment to adopting international best practices in corporate governance. Those appointed include Professor Charles Okeahalam, who will also serve as the Chairman of the Board of Directors; Mr Charles Adeyemi Candide-Johnson (SAN); Mrs Fatima Wali-Abdurrahman and Mrs. Anino Emuwa. Dr. Charles C. Okeahalam holds a DSc. Degree in Financial Economics of the University Exeter (UK) and a PhD in Economics (Econometrics) of Queen Mary College, University of London. He co-founded AGH Capital, an investment holding company with interest in private equity, mining, marine equipment, property and corporate finance in 2001 and has been the Managing Director/ CEO of the Firm since 2002. Charles Okeahalam has quality strategic and operational experience in banking, equity and bond markets, fund management and infrastructure finance. He

high quality ceramic tiles and sanitary wares products; everyone is in need of high quality products. We aim to meet the best quality in the world matching and possibly surpassing the American and European standards,” he added.

According to him, “CDK Integrated Industries’ vision is to be number one in Africa in terms of product quality and pricing.”

Massaad disclosed that CDK Integrated Industries is already engaging Nigerians that are buying into the vision of the company as a professional organisation with global best practices.”

CDK Integrated Industries’ corporate social responsibility and environmentally friendly business is already set on the right track, he said. “Standard Organisation of Nigeria (SON) certificate is currently under processing with plans for ISO

Chairman, Purple Capital’s Maryland Mall Showcases Growing Retail Trend

was Counsel in the leading chambers of Job B. Majiyagbe SAN, in Kano, Nigeria. In 1990, he moved to Lagos to establish the firm’s practice, and in 1994, led the founding of Strachan Partners. Mr. Candide-Johnson has authored several scholarly papers and leading textbooks on arbitration in Nigeria. He has acted either as counsel or as arbitrator in several domestic and international commercial arbitrations in the maritime, petroleum and construction industries. He has also made presentations on arbitration in Nigeria in several international fora. He brings to NMRC significant experience in Corporate governance practices.

Ms. Anino Emuwa is an international management consultant with expertise in small business finance and entrepreneurship. With over 20 years’ experience in business consulting, commercial banking, and research in Africa and Europe, Anino Emuwa currently serves as a member of the Institute of Directors, UK and the Women Professional Network Group, France.

As Nigeria’s commercial capital, Lagos is expected to lead the national count for modern shopping malls over the next decade, in tandem with the city’s fast growing population, currently put at anywhere between 17 and 20 million people.

Currently, 60% of South Africans shop in formal retail supermarkets compared to 30% of Kenyans, 4% of Ghanaians, 2% of Nigerians and 2% of Cameroonians.

Lagos is currently home to several malls. Most of these malls are however located on the coastal, more affluent sections of the state – in the Ikoyi-Victoria Island-Lekki peninsula axis – commonly referred to as the Island.

On the mainland side of Lagos are population heavy zones like Ojota, Oyingbo, Ojuelegba, Mile 2, Ikorodu and Ikeja, the state’s administrative capital which also has many residential cum commercial districts, like Agege, Ogba, Ojodu, and Maryland just to name a few. And an urban sprawl like Maryland, for instance, represents many

things to many people.

Maryland illustrates the various realities of city life.

Located right in the middle of mainland Lagos, Maryland has been a residential district and a hectic hub of social activities for decades: it is also an economic and commercial nerve center; a major intersection connecting citizens and visitors alike to the major thoroughfares across the city, and a perfect exhibit of the city’s quest for affordable, urban development.

Maryland can indeed be regarded as the confluence of the city’s pain points, especially in the area of socio-economic progression and infrastructural development. Not a few urban development experts have observed that, like so many other commercially and socially significant zones across the country, the Maryland area seems to be stuck in a time warp, as it continues to witness an ever increasing flow of human and vehicular activities, yet with almost zero upgrade to its environs in terms of accessible modern infrastructure and public services.

All of these is however about to change, thanks to the foresight of Purple Capital Partners Limited, a specialist investment, private equity and real estate firm.

Purple Capital is developing an ultra-modern mall along Ikorodu Road, right where the defunct Maryland Shopping Center was once located. The Mall is therefore strategically positioned to serve citizens and visitors alike, including residents of adjoining Mende, Anthony, Ilupeju, Ojota, GRA Ikeja, Oshodi, Gbagada and all commuters along that axis.

The fact that leading asset manager, AXA Mansard Investments, recently committed an 800million investment in Maryland Mall, is further evidence of the mall’s viability.

It is also a hint to economists and industry analysts that the future of Nigeria’s real estate and retail sectors might very well depend on the vision, willingness and capacity of financiers and real estate developers to structure sound investments cases that propel socio-economic growth.

32

T H I S D AY • TUESDAY, APRIL 26, 2016

PROPERTY NEWS

New Study Shows Unsafe Chemicals in Nail Polishes, Salon Products in Nigeria Stakeholders have called for urgent regulation of the beauty care profession in Nigeria, following a new report that toxic chemicals are in nail polishes and other cosmetics that are widely used in salons and beauty parlours in the country. The study says these chemicals cause disruption of nervous, respiratory, and reproductive systems, report Bennett Oghifo and Fadekemi Ajakaiye

T

he report, by Sustainable Research Action for Environmental Development (SRADev Nigeria), under the auspice of Developing patronising World Outreach Initiatives.

(DWOI), USA, reveals that the dangerous chemicals in cosmetics that are used in salons in the country also cause lungandkidneydamage,as well as inflammation of the skin and eyes, and that it affects both salon workers and users alike. In Nigeria, the beauty salon sector is made up of hairdressers, hairstylists, cosmetologists, barbers, nail salon workers, and other beauty and personal care workers.

The sector employs more than one million people who work across thousands of salons and receive some 150 million potential customers.

Hairdressing in Nigeria is a predominantly female profession, with over 80% women workers, many of whom work full-time and stay in the shops for about 8-hour periods of time per day. A healthy work environment contributes significantly to the success of the business and is important both for the persons working in the salon trade, as well as for the customers.

Study in Lagos...

The study that was conducted in Lagos State, assessed, “safe cosmetic use by occupational workersofsalonsandbeauty parlours”.

Findings from all the 29 shops from 20 Local Government Areas (LGAs) that were sampled show that all the shops regularly make use of cosmetic products containing particularly the “Toxic Trio”.

This is a group of chemicals (toluene, formaldehyde and dibutyl phthalate) which are ingredients in nail polishes and known today to be very toxic to human body.

Other chemical-ingredients identified to have detrimental effects found on cosmetics shelf of salons and beauty care-givers, especially when handled in an unsafe manner as was found in the study, were P-phenylenediaamine used in hair dye, butylacetate, Isopropylacetate and ethylacetate used in nail paints and varnishes or wig-glue/hair piece bonding, ammonium per sulfate in olive oils as hair bleach, acetone in nail polish remover and hair spray, hydroquinone in hair treatment, preservatives like formaldehyde releasers and parabens in shampoos, shaving

gels, make-ups, polyethylene Danger looms...

“This is alarming and a dangerous trend. People beauty salons and cosmetologists must, as a matter of urgency, avoid the ‘toxic trio’ products. Since safer and affordable alternatives exist, customers should now ask for only cosmetics products that are labeled as ‘Three-free’ which do not contain these harmful ingredients and are therefore healthier for the body,” said Leslie Adogame, Executive Director, SRADev Nigeria.

Other key findings of the studyare:poorhousekeeping practicesinmostofthesalons.

For example, the report says 79.3 per cent of their workplaces are poorly ventilated, whereas cosmetics products are regularly exposed when not in use; poor solid waste management and wastewater treatment practice; chemical exposurestolittlechildrenin attendance at workplace were noticed; and cases of poorly handled food and cooking utensils found within the workplaces.

The report says a very high proportion of the workers do not make use of Personal Protective Equipment (PPEs) when at work or while handling cosmetics; sgnificant cases of difficulty in breathing, respiratory dysfunctions including occasional difficulty in breathing and catarrh, occasional coughing,incessantabdominal pain, occasional miscarriage, occasional neurotoxic effects such as memory loss and dizziness were indicative health symptoms/problems identified among the salon workers interviewed.

Check the ingredients...

The report further cautioned Nigerians on excessive and unsafe use of cosmetic products.

It stated further that, reviewing the ingredients on the label is one way to be sure cosmetic product is true to its claims.

“But we should be aware that potentially problematic chemical ingredients are today hidden behind the word “fragrances.”

Fragrances are considered trade secrets and the ingredients within fragrances are not required by law to be revealed and may represent many ingredients, sometimes hundreds. Since “Unscented” and “fragrance free” have no legal definition, their labels do not guarantee that the product doesn’t contain potentially toxic chemicals,” Adogame said.

“Globally, of the over 10,500 Hair dresser at work chemical ingredients used in personal care products, only about 11% have been

Hair dresser at work

assessed for health and safety.

So the need for occupational safety and health standards for personal care products imported and used in the country requires some urgency,” he said.

Since 1950, the World Health Organization/International Labour Organization expert committees on Occupational Health and Safety in their first session spelt out the objectives of occupational health which includes promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations.

Although, Nigeria has Workman Compensation Decree and the Factory Decrees of 1987, which should address the issue of occupational health and safety from federal to local levels, but they have not been effectively put to use or reviewed to the present day realities.

“As of today, there is no government institution that statutorily coordinates occupational hygiene, and not too many Nigerians understand labour laws, factory laws and workman

compensation laws that are meant to ensure the dignity of labour and its security,” said Faith Osa-Egharevba, Senior Programme officer, SRADev Nigeria.

A comprehensive report released by Women’s Voices for the Earth in 2014, shows that workers in beauty salons businesses are exposed to myriad of chemicals of concern every day in their workplaces since hair sprays, permanent waves, acrylic nail application, and numerous other salon products contain ingredients associ- ated with asthma, dermatitis, neurological symptoms and even cancer. Salon workers and their customers absorb these chemicals through their skin and breathe them in as fumes build-up in the air of the salon over the course of the workday.

Stakeholders’ reaction...

In an urgent response to the study, a stakeholder ’s work- shop was held on February 10, 2016 at the Lagos Airport Hotel, Ikeja.

Participants drawn from government, NGOs, tradeunions,amongothers,

unanimously agreed that there was need to regulate the beauty care profession in Nigeria in view of the occupational, health, safety and environmental consequences of its practice and called on the government to take appropriate action.

“Ignorance is no longer an excuse for my people. We are commencing re-registration of beauticians from national to state levels for effective coordination of our members. My institution is readily available to dialogue with the government towards putting in place a national occupational health and safety sectoral policy framework,” said Dr. Mrs. Elizabeth Ishoka, National President of National Association of Salon Hairdresser and Cosmetologist (NASHCO).

The workshop, attended by both national and state members of the umbrella body of NASHCO, was aimed at increasing awareness of beauty practitioners on salon chemical exposure, health effects, safety at workplace and strengthening capacity towards creating a legal framework. It also solicitedviewsonnextconcrete

steps towards a more robust national campaign, regulation of the profession and policy development in the future.

“It can no longer be business as usual, NAFDAC would be putting in place necessary mechanisms to expand its regulatory mandate for the salon sector, but there is the need for collaboration among other relevant government agencies.

Presently, the ban in cosmetics products containing hydroquinone and mercury in Nigeria is still in place by my organisation,” said Dr. Anthony Hotton, of NAFDAC. The Lagos State President of NASHCO, Mrs. Surat Abari-Ajibola commended the timeliness of the workshop and applauded the recent find- ings of the study, calling for continued partnership between SRADev Nigeria and NASHCO. She assured that NASHCO would put in place urgent actions towards setting up Environmental Health Surveillance Task Force to work with the government in monitoring of beauty parlours, shops and salons all over Lagos state.

33

T H I S D AY • TUESDAY, APRIL 26, 2016

PROPERTY NEWS

UNEP, Partners Launch Collaboration among Development Partners to Improve Sustainable Diving Guide to Infrastructure Implementation Protect Marine Assets Guidance material on how recreational diving can protect fragile marine biodiversity threatened by growing coastal tourism and support the 2030 Agenda for Sustainable Development will be launched tomorrow at Asia’s largest and oldest dive expo by the United Nations Environment Programme (UNEP) and partners.

The Green Fins Toolbox, developed through a publicprivate partnership initiative working with diving and snorkeling businesses, communities and governments in Southeast and South Asia, was unveiled during Asia Dive Expo (ADEX), held at the Suntec Singapore Convention & Exhibition Centre.

The growing popularity and accessibility of scuba diving and snorkeling is bringing more people onto coral reefs.

The diving industry adds over one million new divers every year, putting additional pressure on fragile coastal ecologies, in particular coral reefs, which host abundant marine life and are an enormous draw for tourists.

While helping to drive economic growth, intensive scuba diving can directly damage corals, making them susceptible to other stresses as well as reduce live coral cover. Poorly managed beach and reef tourism constitutes an environmental threat and undermines the industry’s primary asset, the coral reef.

“Green Fins provides guidance based on solid coral reef and diving industry know-how,” said Isabelle Louis, acting UNEP Regional Director and Representative. “It helps small and medium sized businesses show conservation leadership and turn environmental risks into opportunity, ensuring a sustainable industry that protects marine ecosystems, creates long-term livelihoods, and contributes to implementation of the 2030 Sustainable Development Agenda.”

Designed for the marine tourism industry, as well as local and national marine resource managers, the toolbox also includes a two-minute video on sustainable diving titled “Green Fins for a Blue Planet”, produced by UNEP in partnership with syndicated cartoonist Jim Toomey. Using clear and simple language, the video shows how divers, dive centre operators and owners, and governments can influence both the environmental and economic sustainability of the industry.

“The public is embracing dive tourism in a big way, and that’s great,” said Mr. Toomey.

“However, now that we are taking to the water in such big numbers, there needs to be a set of guidelines that we can teach and follow as a dive community, if we’re going to protect our delicate coral reefs for future generations.”

The toolbox and video draw on the lessons of the Green Fins Initiative established by UNEP and the Reef-World Foundation. Green Fins is working with over 400 diving and snorkelling operators, who are continuously improving their business practices to reduce

the negative environmental impacts.

“Green Fins is a catalyst for change,” said Chloe Harvey, Reef-World Programmes Manager. “It brings people from different sectors together, empowering them with tools and knowledge to take collective action and make lasting changes to the way they conduct business.”

The Green Fins Toolbox will be used for implementing and geographically expanding Green Fins as well as strengthening collaboration with key industry partners on environmental mainstreaming.

The Green Fins initiative provides outreach and capacity building to dive centres and their customers, and also supports governments in developing and implementing regulations. The initiative also involves regular assessment of industry performance against a 15-point code of conduct and supports improved industry practices and the development of regulatory frameworks.

Originally established in Thailand in 2004, Green Fins is now active in six countries in Asia and is being expanded to other regions.

The Two Minutes on Oceans video series produced with Mr. Toomey, the creator of the Sherman’s Lagoon cartoon strip, began in 2011 through a partnership between UNEP’s Regional Office for North America and Mr. Toomey.

The Two Minutes on Oceans with Jim Toomey series now includes eight short videos, which provide the general public with scientific information about urgent issues facing our oceans today, as well as recommended actions to address them. They use animation and humor to illustrate the importance of oceans to human well-being and the environment. They are accessible online for no cost and have been broadcast around the world.

The United Nations Environment Programme (UNEP) is the leading authority on the environment within the United Nations system. The Regional Office for Asia and the Pacific promotes and supports effective responses to environmental challenges across the region, through partnerships and innovative solutions.

Reef-World Foundation: Reef-World Foundation is a UK-based charity specializing in working with local communities to conserve coral reefs. Reef-world focuses on the tourism industry and specifically the diving and snorkelling community.

Reef-World participates in the UNEP-Regional Seas Global Coral Reef Partnership and is the lead technical partner on Green Fins development and implementation internationally.

Jim Toomey: Jim Toomey is a renowned cartoonist who has been writing and drawing the daily comic strip, Sherman’s Lagoon, for over 20 years.

The inaugural Global Infrastructure Forum 2016 convening here today brings together for the first time the leaders of the multilateral development banks (MDBs) -- African Development Bank, Asian Development Bank, Asian Infrastructure Investment Bank, European Bank for Reconstruction and Development, European Investment Bank, Inter-American Development Bank Group, Islamic Development Bank, New Development Bank, and the World Bank Group – as well as development partners and representatives of the G20, G24, and G77, to enhance multilateral collaborative mechanisms to improve infrastructure delivery globally. The Global Infrastructure forum aims to enhance coordination among multilateral development banks and their development partners to better develop sustainable, accessible, resilient, and quality infrastructure for developing countries, and focuses on how governments and their work-

ing partners can attract more resources for infrastructure.

The forum is jointly organized by the multilateral development banks (MDBs): African Development Bank, Asian Development Bank, Asian Infrastructure Investment Bank, European Bank for Reconstruction and Development, European Investment Bank, Inter-American Development Bank, Islamic Development Bank, New Development Bank BRICS, and the World Bank Group, in close partnership with the United Nations (UN).

The Forum was organised in close partnership with the United Nations. Mandated by the Addis Ababa Action Agenda on financing for development to help bridge the infrastructure gap, which is key to achieving the Sustainable Development Goals (SDGs), the Forum aims to improve alignment and coordination among the partners, while respecting the diversity of approaches, policies, and procedures among them,

to facilitate the development of sustainable, accessible, and resilient infrastructure for developing countries. The Forum will be held annually, with responsibility for hosting rotating among the MDBs. Infrastructure plays a critical role in growth, competitiveness, job creation, and poverty alleviation. Yet increasing access to basic infrastructure services remains a critical challenge in developing countries. At least 663 million people lack access to safe drinking water. By 2025, 1.8 billion people will live in areas with absolute water scarcity.

Sixty percent of the world’s population lacks internet access, while 1.2 billion people in the world still live without electricity.

At least one-third of the world’s rural people are not served by an all-weather road.

Addressing the infrastructure gap requires a boost in investment including better leveraging of private investment, but also better governance, capacities,

and improving efficiency to get more from existing spending on infrastructure.

MDBs have a strong track record of collaboration in the direct financing of projects and mobilizing private capital, as well as improving capacities and knowledge around infrastructure. Some examples include the Global Infrastructure Facility, the International Infrastructure Support System, the PPP Knowledge Lab, the PPP Days conference, Infrascope, and the PPP Certification programme.

The Chairman’s Statement highlights the idea that to achieve the objectives of the Forum, the MDBs and development partners resolve to work together on strengthening project preparation, promoting financing, building on shared principles and promoting compatible and efficient approaches, and improving data and information. A session to review progress will take place during the Global Infrastructure Forum 2017.

L-R: Chief Executive Officer, RTC Advisory Services Ltd, Mr. Opeyemi Agbaje; Special Adviser on Housing to the Minister of Power, Works and Housing, Mr Biodun Oki; President, Nigerian British Chamber of Commerce, Prince Adedapo Adelegan; acting Managing Director, Federal Mortgage Bank of Nigeria, Mr. Richard John Esin and Managing Director, UACN Property Development Plc, Mr Hakeem Ogunniran at the NBCC Advocacy Round-Table in Lagos… recently

Green Finance Symposium to Promote Low-Carbon Global Economic Growth The Paulson Institute and the Green Finance Committee of China Society for Finance and Banking convened a half-day symposium of global finance leaders and experts to discuss recommendations for the development of robust global green finance mechanisms and markets.

The recommendations coming out of the meetings will be provided to the G20 Green Finance Study Group, which is chaired by the People’s Bank of China and the Bank of England. The study group will finalize a synthesized report for the G20. SIFMA, Bloomberg Philanthropies and United Nations Environment Programme (UNEP) also cohosted the event.

With China designating green finance as a priority issue during its presidency of this year’s G20 meeting, today’s

symposium developed recommendations for the creation of more efficient financing mechanisms to support the green transformation of the global economy.

Recommendations included the need to mainstream environmental risk management in the investment decisionmaking process by banks and institutional investors, to develop the green bond market, to improve disclosure of environmental information by listed companies and bond issuers, to provide mechanisms to “de-risk” the adoption of green technologies. These efforts will greatly facilitate the mobilization of private capital for green investment that will address environmental and climate challenges.

“The world is facing serious environmental challenges.

We need to make stronger

commitments to addressing them. We have tried many ways, including environmental regulations, pricing reforms, and fiscal policies.

These have all worked in some way in controlling pollution and slowing the pace of global warming, but they are not enough. The financial system should also play an important role in promoting the green transformation of our economies,” said People’s Bank of China Governor Zhou Xiaochuan. “In China, establishing a green finance system has become a national strategy. In the first quarter of this year, China’s issuance of green bonds amounted to about 50 per cent of the world’s green bond issuance.”

“There is an opportunity for the G20 to create practical green financing models for the developed and the develop-

ing world. The good news is there is an abundance of capital globally, but governments need to create the proper conditions to attract this capital. They have an important role to play in setting the policies, regulations, incentives, and in ensuring that they are enforced,” said Paulson Institute Chairman Henry M. Paulson, Jr. “Global capital markets are powerful forces. Directed properly, they can alleviate the burden on governments and unlock a sustainable economic future,” he added.

“The capital markets provide a tremendous opportunity for advancing global climate goals.

As nations move forward with their commitment to green growth, funding sources will have to be as innovative as the green initiatives they seek to finance.

34

TUESDAY APRIL 26, 2016 T H I S D AY

35

T H I S D AY TUESDAY APRIL 26, 2016

UNAUDITED RESULTS FOR THE THREE MONTHS ENDED MARCH 31, 2016 The Board of Directors of Access Bank is pleased to announce the Group's unaudited results for the three months ended March 31, 2016

CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME For the three months ended 31 March, 2016

CONSOLIDATED STATEMENT OF FINANCIAL POSITION As at 31 March, 2016 In thousands of Naira

GROUP MARCH 2016

GROUP DECEMBER 2015

BANK MARCH 2016

BANK DECEMBER 2015

In thousands of Naira

GROUP MARCH 2016

GROUP MARCH 2015

BANK MARCH 2016

BANK MARCH 2015

506,587,147

478,409,336

413,715,693

405,998,636

Investment under management

10,373,489

10,403,608

10,373,489

10,403,608

Non pledged trading assets

54,099,927

52,298,422

53,988,202

52,298,422

Derivative financial assets

76,113,811

77,905,020

76,113,811

77,852,349

Net interest income

34,622,864

23,592,708

30,201,235

20,315,378

Loans and advances to banks

30,622,841

42,733,910

49,908,905

60,414,721

Net impairment charge

(2,398,434)

(3,867,672)

(1,896,279)

(3,687,861)

Net interest income after impairment charges Fee and commission income

32,224,430

19,725,036

28,304,956

16,627,518

18,036,861

9,619,279

15,531,263

7,822,442

(97,482)

(11,602)

(4,837)

-

Cash and Balances with Banks

Loans and advances to customers

Interest income Interest expense

55,437,264

46,414,876

48,709,411

41,158,541

(20,814,400)

(22,822,168)

(18,508,176)

(20,843,162)

1,437,881,823

1,365,830,831

1,314,153,969

1,243,215,310

Pledged assets

221,606,278

203,715,397

221,606,278

200,464,624

Investment securities

204,853,249

186,223,126

174,314,908

155,994,798

Other assets

112,895,406

83,014,503

107,792,657

78,623,381

Fee and commission expense

-

-

45,439,246

45,439,246

Net fee and commission income

17,939,379

9,607,677

16,526,425

7,822,442 13,121,829

Investment in subsidiaries Property and equipment

75,487,606

73,329,927

67,550,510

65,900,384

Net gains on investment securities

(3,275,870)

13,129,400

(3,282,904)

Intangible assets

6,547,539

6,440,616

5,092,860

4,977,907

Net foreign exchange income/(loss)

6,143,007

3,453,327

5,478,140

2,419,320

Deferred tax (net)

10,587,554

10,845,612

10,042,974

10,180,832

Other operating income

3,930,335

4,175,602

3,830,743

3,903,321

2,747,656,669

2,591,150,308

2,550,093,502

2,411,764,218

(10,809,955)

(8,890,557)

(9,141,261)

(7,293,156)

140,727

179,843

140,727

179,843

(616,256)

(616,381)

(409,693)

(419,012)

(2,038,064)

(2,029,518)

(1,792,059)

(1,845,704)

Personnel expenses Prepaid rent expenses Depreciation

2,747,797,396

2,591,330,151

2,550,234,229

2,411,944,061

Amortization

(459,326)

(343,729)

(403,779)

(298,895)

Other operating expenses

(20,454,748)

(21,693,483)

(18,827,244)

(20,013,501)

Profit before income tax Income tax expense

22,582,932

16,517,376

20,283,325

14,024,162

(3,164,095)

(2,849,819)

(2,639,875)

(1,823,141)

Profit for the period from continuing operations

19,418,837

13,667,557

17,643,450

12,201,021

Profit for the period

19,418,837

13,667,557

17,643,450

12,201,021

(435,397)

1,575,709

-

-

-Fair value changes arising during the period

(4,504,118)

517,150

(3,955,004)

517,150

Other comprehensive (loss)/gain for the period, net of related tax effects:

(4,939,515)

2,092,859

(3,955,004)

517,150

Total comprehensive income for the period

14,479,322

15,760,416

13,688,446

12,718,171

Profit attributable to: Owners of the Bank Non-controlling interest

19,282,249

13,493,382

17,643,450

12,201,021

136,588

174,175

-

-

Profit for the period

19,418,837

13,667,557

17,643,450

12,201,021

Owners of the Bank Non-controlling interest

14,776,662

15,559,570

13,688,446

12,718,171

(297,340)

200,846

-

-

ď€ nancial year.

Total comprehensive income for the period

14,479,322

15,760,416

13,688,446

12,718,171

DATED THIS DAY 20TH APRIL 2016

Continuing operations

14,776,662

15,559,570

13,688,446

12,718,171

-

-

-

-

14,776,662

15,559,570

13,688,446

12,718,171

Deposit from financial institutions

46,958,674

72,914,421

51,584,734

63,343,785

1,803,387,042

1,683,244,320

1,615,463,882

1,528,213,883

Derivative financial liabilities

3,476,462

3,077,927

3,476,462

2,416,378

Current tax liabilities

9,559,472

7,780,824

8,401,928

6,442,311

Deposits from customers

Other liabilities

83,220,795

69,355,947

78,750,538

64,094,358

Deferred tax liabilities

200,769

266,644

-

-

Debt securities issued

149,659,768

149,853,640

79,900,537

78,516,655

Interest-bearing borrowings

263,027,868

231,467,161

332,590,596

302,919,987

5,825,912

5,567,800

5,817,800

5,567,800

2,365,316,761

2,223,528,684

2,175,986,477

2,051,515,157

212,438,802

212,438,802

212,438,802

212,438,802

71,012,618

51,730,369

67,102,552

49,459,102

95,426,588

99,732,330

94,706,398

98,531,000

378,878,008

363,901,501

374,247,752

360,428,904

3,602,627

3,899,966

-

-

382,480,635

367,801,467

374,247,752

360,428,904

2,747,797,396

2,591,330,151

2,550,234,229

2,411,944,061

Retirement benefit obligations

Share capital and share premium Retained earnings Other components of equity Total equity attributable to owners of the Bank

Non controlling interest Total equity Total Liabilities and equity

Other comprehensive income (OCI) net of income tax: Items that may be reclassified subsequently to the income statement Foreign currency translation differences for foreign operations - Unrealised (losses)/gains arising during the period Net changes in fair value of AFS financial instruments

Total comprehensive income attributable to:

The Bank expects that barring unforseen circumstances, the trend of the above result should be improved upon in the remaining part of the

BY ORDER OF THE BOARD

SUNDAY EKWOCHI COMPANY SECRETARY

Discontinued operations Earnings per share: Basic earnings per share(kobo)

67

68

61

56

Diluted (kobo)

67

68

61

56

GROUP MARCH 2016

GROUP DECEMBER 2015

BANK MARCH 2016

BANK DECEMBER 2015

25,091,572

24,416,535

20,589,902

19,966,906

1.70%

1.70%

1.50%

1.50%

Total impaired loans & advances Total impaired loans & advances to gross risk assets (%)

FRC/2013/NBA/00000005528

The financial statements were approved by the board of directors on 20 April, 2016.

36

TUESDAY APRIL 26, 2016 T H I S D AY

T H I S D AY TUESDAY APRIL 26, 2016

37

38

TUESDAY APRIL 26, 2016 T H I S D AY

T H I S D AY TUESDAY APRIL 26, 2016

39

40

TUESDAY APRIL 26, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

ICC to Investigate Past Years of Deadly Violence in Burundi The international war crimes court will investigate outbreaks of violence in Burundi that have killed hundreds and forced hundreds of thousands to flee abroad since a political crisis erupted a year ago.

The office of the U.N. human rights high commissioner estimates at least 430 people have been killed there since last April, when President Pierre Nkurunziza launched a bid for a third term in office and then won a disputed election in July. At least three armed rebel groups have since emerged in the country.

Announcing a preliminary examination by the International Criminal Court, its prosecutor Fatou Bensouda said on Monday she had seen reports of killings, disappearances, imprisonment, torture and rape.

“All these acts appear to fall within the jurisdiction of the ICC,” she said. “...At least 3,400 people have been arrested and over 230,000 Burundians forced to seek refuge in neighbouring

countries.”

Western powers and regional states fear Burundi could slide back into the ethnically charged conflict that characterised its 19932005 civil war.

Opponents accuse Nkurunziza of violating Burundi’s constitution and a peace agreement that ended the civil war by running for a third term. The president and his supporters cite a court ruling that said he could run again.

In the latest incident in the resulting cycle of violence, gunmen on Monday killed an army general who was a senior advisor to the first vice president, army spokesman Gaspard Baratuza told reporters.

At the weekend, a Burundian army officer being held captive by a rebel group was handed back to his unit, the International Committee of the Red Cross said.

Preliminary examinations at the ICC, based mainly on publicly available information, can last months or years before leading to a possible full investigation. Only then

South Sudan Sides Accused of Blocking Peace Process The United States has accused both sides in South Sudan’s two-year conflict of blocking peace efforts.

Underlining growing international frustration over months of delays and wrangling, the U.S. State Department said South Sudan’s government had as recently as Saturday refused to give landing permission to planes carrying Machar.

Machar himself, the United States said, had obstructed arrangements by arbitrarily asking for more forces and heavy weapons to precede his arrival.

Machar’s return to join a unity government with his foes, originally scheduled for early last week, was meant to seal a peace deal signed in August to end fighting that has killed thousands and forced a million to flee their homes.

“Given the actions by both sides to prevent or delay his return, it is now time for the parties to assume primary responsibility for facilitating the return of Riek Machar to Juba,” the State Department said late on Sunday. In one possible sign of progress, Machar’s chief of staff, General Simon Gatwech Dual, flew into in Juba on Monday, accompanied by the 195 soldiers and the weapons the rebel leader had asked for. But he did not say when Machar would follow.

“I am happy that I am in Juba. Our coming is to implement the peace process

and we are not going back to war,” he told reporters at the airport, but did not take questions. Washington, which was a major player in the accord that eventually secured South Sudan’s secession from Sudan in 2011 and has been a donor ever since, said its future engagement would depend on the leaders’ involvement in the peace process.

Kiir’s sacking of Machar as his deputy in 2013 triggered fighting between their supporters that spread across the impoverished, oil-producing country, often along ethnic lines between Kiir’s dominant Dinka ethnic group and Machar’s Nuer. They signed the peace deal under pressure from the United States and the United Nations, which threatened sanctions. But distrust, exacerbated by past splits during South Sudan’s long wars with Sudan, runs deep.

William Ezekiel, spokesman for Machar’s SPLM-IO group, said the United States’ s decision to withdraw funding for a charter flight would delay the return for yet another day. “Right now, we are still working on the issue and probably by tomorrow the first vice president will arrive in Juba,” he told Reuters.“If it turns out that the Americans are not ready to facilitate him, nevertheless, the government may take over,” government spokesman Michael Makuei said, without going into further details.

can criminal charges be brought against individuals suspected of war crimes or

crimes against humanity.

The court recently dropped its last case against the

leaders of regional power Kenya after a fierce lobbying campaign by the country and

its African allies alleging that the court unfairly singled out Africans for prosecution.

PURPLE TULIPS FOR THE PRINCE

Cami Ponzio, mourning the Prince, wears a beret as she places a bouquet of purple tulips on a fence at a makeshift memorial outside of Paisley Park in Chanhassen, Minnesota…yesterday

Obama Urges Europe to Stay United for the Good of the World The United States President, Barack Obama, has said that his country needed a strong, united Europe to maintain international order, and he urged European allies to increase defence spending to address Islamic State and other security threats.

Wrapping up a trip to Germany that has focused on boosting trade ties, Obama pleaded with Europeans to look past the multiple crises facing their nations and maintain the unity that had brought peace to their continent.

His comments came after an earlier trip to London, where the American president urged Britain to stay in the 28-nation European Union, boosting efforts by Prime Minister David Cameron to avoid a so-called “Brexit” that opponents warn could trigger damaging political and economic consequences.

“I’ve come here today to

the heart of Europe to say that the United States and the entire world needs a strong and prosperous and democratic and united Europe,” Obama said during a visit to a trade fair in the northern Germany city of Hanover, drawing applause from his audience.

Obama said worries over Russia’s annexation of Crimea and slow economic growth, particularly in southern Europe, had led to questions about integration on the continent and sparked destructive politics that stoked fears about immigrants and people with different religions.

An influx of migrants fleeing the civil war in Syria has heightened tensions within the bloc and put pressure on German Chancellor Angela Merkel, the preeminent leader in Europe, whose initial open door policy hurt her domestic political standing.

Obama’s rare two-day trip to the trade fair was seen as a sign of support for a leader with whom he has forged close ties ahead of German elections next year.

It also allowed him to put his support for Merkel and Cameron in the wider context of Europe’s role in the world.

“This is a defining moment, and what happens on this continent has consequences for people around the globe,” Obama said on Monday.

“If a unified, peaceful, liberal, pluralistic, free-market Europe begins to doubt itself, begins to question the progress that’s been made over the last several decades, then we can’t expect the progress that is just now taking hold in many places around the world will continue.”

Obama has spoken out against similar trends in the United States. He makes no secret of his

disdain for Republican presidential front-runner Donald Trump, who has proposed building a wall on the U.S. border with Mexico and temporarily banning Muslims from entering the United States.

Obama needs support from European allies to handle foreign policy challenges in Russia and the Middle East, and he used his platform in Hanover to announce deployment of an additional 250 U.S. forces to Syria.

But the president said Europe generally could do more to prepare for its own defence and to fight Islamic State. He repeated his call that NATO members step up their contributions and warned of a tendency to get complacent about defence needs.

“We need to stay nimble and make sure our forces are inter-operable and invest in new capabilities like cyber defence and missile defence,” Obama said.

Yemeni Forces Seize Main Oil Terminal from al Qaeda Yemeni government forces and their Emirati allies took back control of the country’s largest oil export terminal from al Qaeda on Monday, security officials said, a day after routing the militants from their nearby stronghold.

The lightning advance is a major shift in strategy for the Saudi-led coalition forces, which for over a year have focused their firepower on the Iran-allied Houthis who had seized the capital Sanaa and driven the government into exile.

The civil war has killed more than 6,200 people, displaced more than

2.5 million people and caused a humanitarian catastrophe in one of the world’s poorest countries.

A fragile ceasefire between coalition forces and the Houthis has been in operation since April 10. In 48 hours, the coalition deprived the Islamist militants of a lucrative mini-state they had built up over the course of a year, based around the southwestern port city of Mukalla.

About 80 percent of Yemen’s modest oil reserves were exported in peacetime from the Ash Shihr terminal, 68 km (42

miles) eastwards along the coast from Mukalla, which has been shut since the war began and al Qaeda seized the area. Al Qaeda in the Arabian Peninsula (AQAP) - seeking official recognition as a quasi-state as well as trying to get rich - tried last year to export the 2 million barrels of oil stored there with the approval ofYemen’s government, which refused.

A statement by the mostly Gulf Arab coalition said on Monday that its offensive had killed 800 al Qaeda fighters and several leaders, though Mukalla residents said the

number appeared unlikely and the group withdrew largely without a fight. “It’s highly exaggerated.

There was only very little combat,” resident Mubarak al-Hameli said by telephone.

A Yemeni military source put Sunday’s death toll at 18 and said 30 al Qaeda fighters had been killed. Residents said local clerics and tribesmen had tried to persuade the al Qaeda fighters to leave quietly and that they had withdrawn westward to the neighbouring province of Shabwa.

T H I S D AY TUESDAY APRIL 26, 2016

41 Advertorial

42

T H I S D AY • TUESDAY, APRIL 26, 2016

BUSINESS/MONEYGUIDE

World Bank- AGRA Partner to Support Farming Obinna Chima In a new push to catalyse growth in Sub-Saharan Africa’s agriculture and food sectors, the Alliance for a Green Revolution in Africa (AGRA) and the World Bank Agriculture Global Practice have signed a letter of intent to strengthen cooperation, share information, and deepen collaboration including jointly developing a strategic portfolio of projects for greater impact.

“At a time when AGRA is focused on a significant push for Africa’s agricultural transformation, the partnership with the World Bank provides new energy and drive for the realization of this ambition,” the President, AGRA, Agnes Kalibata said in a statement.

“We are very excited to partner in this initiative for achieving our common goals.”

According to a statement,

the effort came at a time when there was greater recognition of the untapped potential of agriculture and food sectors to deliver development dividends and help achieve the Sustainable Development Goals by 2030.

Despite progress, one in four Africans is hungry, and every one African child in three is stunted, according to the report.

Food demand will rise by at least 20 per cent globally over the next 15 years with the largest increases projected in Sub-Saharan Africa.

Food production in SubSaharan Africa will need to increase by about 60 per cent.

AGRA’s goal is to double yields and incomes for 30 million farming households across Sub-Saharan Africa by 2020.

This objective will be met by supporting productivity improvements on smallholder farms, increases poor farmers’ access to markets and finance,

while safeguarding the environment.

Specifically, AGRA and the World Bank will work jointly to identify policy constraints that are hindering agricultural transformation in Africa and collaborate on designing mechanisms to deal with these constraints, benefiting millions of smallholder African farmers.

“Across Sub-Saharan Africa, agricultural transformation holds the key to economic growth and feeding more people with nutritious, safe and affordable diets, ”World Bank Senior Director for the Agriculture Global Practice, Juergen Voegele said.

“Our collaboration with AGRA is extensive and we look forward to taking our partnership to the next level so that we can together work to end poverty and boost shared prosperity on the African continent.”

FG to Tap Strategic Wheat Reserves to Rein in Food Prices Nigeria will tap its strategic grain reserves to rein in food prices, President Muhammadu Buhari said, as Africa’s biggest economy faces its worst economic crisis in decades fuelled by a collapse in crude oil prices.

Annual inflation in the continent’s top oil exporter rose to a near four-year high of 12.8 per cent in March from 11.4 per cent in February, driven by a rise in food prices.

“President Buhari has ordered

the release of 10,000 tons of grain from the National Strategic Grains Reserve to check food price increases,” Reuters quoted the president’s office to have said in a tweet.

He ordered the agriculture ministry to assist “all ablebodied men and women” living in camps for people displaced by the jihadist Boko Haram group to return “immediately” to farming, it said.

The army has in recent

month’s regained territory lost to the group, which has been waging a seven-year insurgency in the northeast, but most displaced people have been reluctant to return home given the volatile security situation.

A slump in oil revenue, which makes up 70 per cent of Nigeria’s state income, has dried up hard currency supplies needed to fund food and other vital imports.

UBA Inaugurates Group Board Forum Following a 3-day forum, which was held in Lagos recently, the Chairman, United Bank for Africa (UBA) Plc, Mr. Tony Elumelu formally inaugurated a Group Board Meeting as a platform for group integration, bonding and knowledge sharing.

Ninety participants made up of the entire board of UBA, chairmen and CEOs of UBA subsidiaries in Africa and the United Kingdom, group strategic business and support heads, amongst other special invitees and guest facilitators, were in attendance.

Speaking during the inaugura-

tion, Elumelu said: “As long term investors and Africa enthusiasts, we are committed to the markets in which we operate and to the wider African economy. We will continue to work with credible partners and governments across Africa to identify and develop those critical growth poles required for the sustainable development of all African economies.”

The Group Board Forum resolved to reposition UBA as the leading pan-African bank across all key indices – brand equity, human capital, customer service and profitability whilst also inculcating a culture

of responsiveness in UBA. Other top of the agenda items included Know-Your-Customer (KYC) and Anti-Money Laundry (AML) policies and compliance standards across the Group.

There was also a general agreement among participants that there will be zero tolerance for any regulatory infraction across all operations.

For this to happen “we must inculcate a culture that enforces individual accountability, a high sense of urgency and a customer first orientation in getting things done. Responsiveness and accountability are key attributes of high performing organisations,” Elumelu said.

Wi-PAY Receives e-Payment Solution Award Wi-PAY Technologies has been conferred with an e-payment solutions provider of the year award.

The award was bestowed on the firm at the Beacon of Information and Communication Technology (BoICT) awards ceremony held in Lagos last weekend.

“This award is another affirmation of our status as an innovative provider of electronic payment solutions offering world-class, cost effective and superior quality payment solutions. Our business services assure the delivery of the most compelling solutions to fulfil the continual increasingly electronic based transactions in the country,” according to the Managing Director of the

company, Mr. Chamberlain S. Peterside.

In a statement earlier, the board of Communication Week Media Limited, organisers of the event had disclosed that Wi-Pay polled a total of 895,782 votes from over 1.3 million readers who voted in the different categories in this year’s Beacon of ICT (BoICT) Awards.According to the Editor In-Chief of Communication Week Media Limited, publishers of Nigeria CommunicationsWeek, Ken Nwogbo, the votes were testament to the Wi-Pay’s talents, innovations, contributions and commitments to the growth of the information and communication technology in Nigeria.

In a related development, the company has announced the unveiling of its mobile top-up

and domestic money transfer services now available on the Wi-PAY app. This, it stated would soon be followed by international remittances as it strives to constantly augment her service portfolio and enhance customer/user experience on her platform.

Wi-PAY Technologies Ltd (Nigeria) and Wi-PAY Global LLC (USA) is a group of financial technology companies providing an integrated array of e-payment solutions. These services include non-cash payments via POS terminals, mobile devices, online platforms and international remittance tailored to various markets and customer base to deliver an unparalleled consumer experience both in Nigeria and abroad.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

FEBRUARY 2016 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 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 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, 22 APRIL 2016 The price of OPEC basket of thirteen crudes stood at $39.78 a barrel on Friday, compared with $40.09 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 26, 2016

Nigeria’s top 50 stocks based on market fundamentals

25-Apr-16

01 Forte Oil Plc.

22-Apr-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

250.00

275.12

-9.13%

325,620,275,750.00

4.45

61.85

2.88

1.25%

7.74

02 Mansard Insurance Plc

2.14

2.25

-4.89%

22,470,000,000.00

0.16

14.21

1.43

2.22%

1.36

03 Unity Bank Plc

0.67

0.70

-4.29%

7,831,856,421.14

0.54

1.29

0.13

0.00%

0.10

04 Honeywell Flour Mill Plc

1.35

1.40

-3.57%

10,705,766,838.30

0.14

9.91

0.23

11.43%

0.52

05 Wema Bank Plc.

0.70

0.72

-2.78%

27,641,861,249.10

0.06

11.93

0.61

0.00%

0.60

06 Custodian And Allied Insurance Plc

3.71

3.80

-2.37%

21,821,716,163.45

0.71

5.32

0.75

5.26%

0.86

07 Continental Reinsurance Plc

1.00

1.02

-1.96%

10,372,744,312.00

0.21

4.94

0.54

0.00%

0.68

08 FCMB Group Plc.

1.01

1.03

-1.94%

20,000,737,861.54

0.24

4.28

0.13

9.71%

0.13

09 Fidelity Bank Plc

1.19

1.21

-1.65%

34,480,008,457.37

0.48

2.52

0.24

13.22%

0.19

10 Diamond Bank Plc

1.39

1.41

-1.42%

32,192,940,665.52

0.92

1.54

0.17

21.28%

0.15

11 Oando Plc

4.37

4.42

-1.13%

52,591,284,566.78

0.50

8.84

0.09

16.97%

0.34

12 Guinness Nig Plc

97.00

98.00

-1.02%

146,071,154,236.00

0.78

125.92

2.96

0.00%

3.30

13 Flour Mills Nig. Plc.

20.00

20.20

-0.99%

52,484,743,740.00

1.84

10.97

0.16

9.90%

0.52

1.02

1.03

-0.97%

39,495,417,373.50

0.05

19.63

0.98

0.00%

0.46

12.06

12.15

-0.74%

378,641,715,059.16

3.37

3.61

0.88

14.81%

0.64

16 Sterling Bank Plc.

1.49

1.50

-0.67%

42,897,723,007.74

0.36

4.20

0.39

6.00%

0.45

17 FBN Holdings Plc

3.31

3.32

-0.30%

118,813,419,141.52

2.16

1.54

0.30

30.12%

0.21

18 Cadbury Nigeria Plc.

14.77

14.77

0.00%

27,741,044,130.80

3.21

4.61

0.82

8.80%

2.68

19 Cap Plc

38.50

38.50

0.00%

26,950,000,000.00

2.49

15.49

3.82

2.99%

17.73

161.04

161.04

0.00%

2,744,203,312,501.20

10.64

15.13

5.58

4.97%

4.26

14.70

14.70

0.00%

269,738,402,860.50

1.39

10.56

0.52

4.22%

0.72

2.15

2.15

0.00%

3,225,000,000.00

0.50

4.33

0.39

2.33%

0.51

23 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

24 International Breweries Plc.

20.00

20.00

0.00%

65,884,985,600.00

0.64

31.29

3.56

1.25%

5.47

25 Julius Berger Nig. Plc.

43.00

43.00

0.00%

56,760,000,000.00

1.85

23.26

0.42

3.49%

2.34

26 Lafarge Africa Plc.

74.00

74.00

0.00%

337,062,733,940.00

5.93

12.48

1.26

4.05%

1.91

27 Mobil Oil Nig Plc.

155.00

155.00

0.00%

55,892,265,610.00

13.51

11.47

0.87

4.65%

3.64

7.95

7.95

0.00%

21,063,035,105.10

0.79

10.00

1.30

6.92%

2.97

620.00

620.00

0.00%

491,446,876,240.00

29.95

20.70

3.25

4.68%

12.93

4.00

4.00

0.00%

6,496,875,000.00

0.33

12.08

0.76

5.00%

1.07

31 P Z Cussons Nigeria Plc.

20.35

20.35

0.00%

80,799,207,865.75

1.10

18.54

1.12

6.39%

1.92

32 Presco Plc

35.01

35.01

0.00%

35,010,000,000.00

3.28

10.68

3.08

0.29%

1.56

0.50

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

340.00

340.00

0.00%

188,125,506,420.00

23.48

14.48

1.67

4.68%

0.67

0.96

0.96

0.00%

13,325,089,353.60

0.85

1.12

0.10

31.25%

0.09

14.30

14.30

0.00%

143,000,000,000.00

2.04

7.02

1.21

0.70%

1.27

147.00

147.00

0.00%

49,909,710,039.00

11.92

12.33

0.24

9.52%

3.07

19.00

19.00

0.00%

36,496,423,353.00

2.70

7.04

0.50

5.26%

0.49

4.45

4.45

0.00%

7,648,437,477.75

1.81

2.46

0.68

15.73%

0.23

40 Unilever Nigeria Plc.

29.25

29.25

0.00%

110,661,415,312.50

0.32

92.81

1.87

0.17%

13.83

41 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,124.00

0.10

5.16

0.94

6.00%

0.45

42 Nigerian Brew. Plc.

106.09

105.70

0.37%

841,198,313,207.92

5.37

19.69

3.03

3.41%

4.92

43 Okomu Oil Palm Plc.

29.20

29.00

0.69%

27,854,172,000.00

2.76

10.51

2.84

0.34%

2.29

5.82

5.77

0.87%

69,840,000,000.00

0.96

6.00

0.69

8.67%

1.19

45 Guaranty Trust Bank Plc.

16.10

15.92

1.13%

473,841,985,506.40

3.38

4.71

2.04

11.12%

1.13

46 United Bank for Africa Plc

3.41

3.37

1.19%

123,713,184,758.02

1.64

2.05

0.39

17.80%

0.37

145.00

142.59

1.69%

92,885,602,635.00

11.12

12.82

1.17

1.54%

3.81

48 Access Bank Plc.

3.90

3.83

1.83%

89,243,383,741.20

2.28

1.68

0.33

14.36%

0.30

49 AIICO Insurance Plc.

0.76

0.73

4.11%

5,266,955,404.80

0.28

2.82

0.16

6.41%

0.56

50 Cement Co. Of North.Nig. Plc

7.45

7.10

4.93%

9,362,249,356.70

0.96

7.43

0.68

1.41%

0.88

14 Transnational Corporation Of Nigeria Plc 15 Zenith Bank Plc

20 Dangote Cement Plc 21 Ecobank Transnational Incorporated 22 Fidson Healthcare Plc

28 National Salt Co. Nig. Plc 29 Nestle Nigeria Plc. 30 Nigerian Aviation Handling Company Plc

33 Resort Savings & Loans Plc 34 Seplat Petroleum Dev. Co. Ltd. 35 Skye Bank Plc 36 Stanbic IBTC Holdings Plc 37 Total Nigeria Plc. 38 U A C N Plc. 39 UACN Property Development Co. Limited

44 Dangote Sugar Refinery Plc

47 7-Up Bottling Comp. Plc.

TOTAL

7,890,996,803,493.72

TOTAL MARKET CAP

8,518,734,934,390.49

% OF MARKET CAP Annotation - MA* = Simple Moving Average

92.63%

Table 1 Market Statistics Mkt Indicators

Open 22-Apr-16

NSE All Share Index NSE Market Cap (N'Trillion)

24,850.11 8.55

24,765.10 8.52

-0.34% -0.34%

102.02 7.94

101.35 7.89

-0.66% -0.66%

Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Close 25-Apr-16

Change %

Table 3 Top 5 Gainers Stock

Open Close Change % 22-Apr-16 25-Apr-16

Cement Co. Of North.Nig. Plc AIICO Insurance Plc. Access Bank Plc. 7-Up Bottling Comp. Plc. United Bank for Africa Plc

7.10 0.73 3.83 142.59 3.37

7.45 0.76 3.90 145.00 3.41

4.93% 4.11% 1.83% 1.69% 1.19%

Table 4 Top 5 Losers Stock

Open Close Change % 22-Apr-16 25-Apr-16

Forte Oil Plc. Mansard Insurance Plc Unity Bank Plc Honeywell Flour Mill Plc Wema Bank Plc.

275.12 2.25 0.70 1.40 0.72

250.00 2.14 0.67 1.35 0.70

-9.13% -4.89% -4.29% -3.57% -2.78%

Trading week resumes on a bearish note as ASI drops 0.34% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, April 25, 2016 was bearish as the market closed red due to intense selling pressure. This was further highlighted by negative performances from all the NSE Sub sectors; Banking, Consumer Goods, Oil & Gas (Save Insurance). Trading activities decreased in volume as 144.68 million shares worth N763.01 million in 2,729 deals exchanged hands today.

This is a decrease from the 188.72 million shares worth N1.51 billion in 3,050 deals carried out on Friday. Topping in volume terms was Access Bank Plc, FCMB Group Plc and Zenith Bank Plc, while Nigerian Breweries Plc and Zenith Bank Plc ended trading as the most active stocks in value terms.

The All Share Index (NSEASI) closed negative with a 0.34% (-85.01) decrease to 24,765.10 from 24,850.11 the previous trading day. Market Capitalization depreciated in tandem to N8.52 trillion from N8.55 trillion of prior trading day.

However, the Thisday BGL 50 Index also followed suit with a decline of 0.66% to close at 101.35 from 102.02 the previous trading day, while its market capitalization stood at N7.89 trillion from N7.94 trillion of the previous trading day.

A total number of 22 stocks gained on the bourse today while 15 stocks declined, leaving 152 stocks unchanged. CCNN Plc emerged the toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 4.93% to close at N7.45 per share. It was followed by AIICO Insurance Plc with a gain of 4.11% to close at N0.76 per share.

Others on the gainers list include; Access Bank Plc, 7-Up Bottling Comp. Plc and United Bank for Africa Plc, while on the decliners’ list; Forte Oil Plc led with a loss of 9.13% to close at N250.00 per share. It was followed by Mansard Insurance Plc with a loss of 4.89% to close at N2.14 per share. Others on the losers list include; Unity Bank Plc, Honeywell Flour Mill Plc and Wema Bank 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 26, 2016

MARKET NEWS

Access Bank Grows 2016 Q1 Profit by 42% to N19.4bn Goddy Egene and Eromosele Abiodun

Access Bank Plc yesterday announced improved results, for first quarter ended March 31, showing a growth of 42 per cent in profit after tax (PAT) to N19.4 billion, up from N13.7 billion in 2014. According to the results, Access Bank recorded gross earnings of N80.3 billion in Q1 2016, up five per cent

from N76.8 billion in 2015 with interest income and non-interest income contributing 69 per cent and 31 per cent, respectively.

Profit Before Tax (PBT) for the period rose to N22.6 billion, representing a 37 per cent above the N16.5 billion in Q1 2015. PAT grew by 42 from N13.7 billion to N19.4 billion. Thus the bank maintained its robust profitability, recording an annualised 20.7 per cent return on average equity

(ROAE) from 19.2 per cent in the first quarter of 2015.

Loans and advances up rose by four per cent N1.47 trillion as at March 31, 2016, compared with N1.41 trillion in December 31, 2015. Customer deposits improved seven per cent to N1.80 trillion, up from N1.41 trillion.

Commenting on the results, Group Managing Director of Access Bank, Mr. Herbert Wigwe said: “I am pleased with the

Group’s solid first quarter performance characterised by improved margins and strong profit growth despite prevalent macro headwinds and a slowed economy. Today, we are realising the benefits of initiatives that were deployed last year in the retail banking space, evidenced by the rapid adoption and utilisation of our enhanced digital platforms. This translated to growth in our retail-related

fee and commission income. As we cautiously grow our loan portfolio in light of macro realities, we will continue to uphold the highest standards of risk management in order to sustainably maintain asset quality within acceptable limits.”

He noted that the results are highly encouraging, adding that in the coming quarters cost reduction initiatives would be intensified.

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

“We are encouraged by these results, and in the coming quarters, we will intensify the implementation of our strategic cost reduction initiatives in order to improve our bottom-line. We will also explore and activate other innovative avenues to expand our digital banking proposition so as to achieve improved revenues and deliver sustainable shareholder value in the long term,” he said.

TUESDAY APRIL 26, 2016 • T H I S D AY

45

NEWSEXTRA

Nigeria Loses $1.5bn to Sea Pirates, Oil Thieves Monthly Nigeria is losing about $1.5 billion a month to piracy, armed robbery at sea, smuggling, and fuel supply fraud, a United States official said.

Ambassador Michele Sison, US Deputy Representative to the United Nations, made this known yesterday in New York.

She made the revelation at the UN Security Council Open Debate on Peace Consolidation in West Africa with the theme “Piracy and Armed Robbery at Sea in the Gulf of Guinea.”

Sison, according to The News, said illegal, unreported, and

unregulated fishing also generate a sizeable income loss in the hundreds of millions of dollars a year, for many countries and communities that depend on this sector to survive.

She said that earlier this month on April 11 at 7.56p.m., pirates attacked a cargo vessel off the coast of Nigeria. The pirates waited for darkness before ambushing the vessel and boarded with force.

“The captain and crew sounded the alarm and hid in a protected space on the ship only to discover when they emerged the following

ShittuVisits Ntel, Commends Huge Investments The promoters of ntel, NatCom Development and Investment Limited, the company that acquired the core assets of Nitel/Mtel (in liquidation) yesterday played host to the Minister of Communication, Adebayo Shittu, at their Tier III data centre in Lagos.

The minister who was accompanied by a five-man team from the Ministry of Communications as well as the acting DG of NITDA, Dr. Vincent Olatunji was received at the Data Centre/Cable Landing Station by the Chairman NatCom, Tunde Ayeni, Kamar Abass Managing Director and senior members of the management team.

Shittu who was conducted round the multi-million dollar Tier III Data Centre, expressed delight at the transformation of the moribund Nitel facilities.

Speaking while inspecting the centre, he said: “I am happy that a Nigerian company with local funds has done this. Government is appreciative of what you have done. I want to congratulate ntel on the huge investment made to revive NiTel. People need to know about the huge investment you have made and I hope that my visit will help in that regard.”

Responding to the minister, Ayeni, thanked the minister for visiting and supporting ntel while promising that “we will try our best to create competition in the market and create more opportunities for Nigerians.”

Abass who spoke after overseeing the minister’s SIM registration on the network said: “Thank you for spending such a significant amount of time with us hours after your arrival from a long trip.”

Abass then added a plea for the minister to intervene in the process of obtaining foreign exchange for purchasing telecom equipment.

“We are proud that we have used predominantly Nigerian labour and personnel but our equipment all come from abroad and this entails spending tens of millions of dollars. We, as a telecom company, are not on the list of those who can access forex, so it is a real struggle to pay for these items.

We need some flexibility on the part of CBN.” The minister who promised to look into the issue said “my duty as minister is to make myself available to support every business.

We do not discriminate because we exist to support private enterprise.”

day that two of their crew were missing.

“A second officer from the Philippines and an electrician from Egypt; both are still missing. This was neither the first pirate attack of the year, nor even the first attack that day.

“Earlier on April 11, the very same day, pirates had attacked a Turkish cargo ship off the coast of Nigeria, kidnapping six of the crew, including the vessel’s captain. Those men are also still missing.

“Piracy and armed robbery in the Gulf of Guinea are increasing at an alarming rate, with some industry experts recording at least 32 attacks off the coast of Nigeria alone in 2016, affectingmanymemberstates,including the US. “The economic consequences for the people of the region are devastating.

“According to a Chatham House report, as much as 400,000 barrels of crude oil are stolen each day in the Gulf of Guinea,’’ she said.

She said:” we have spoken many times in this chamber about the root causes of piracy, ineffective governance structures, weak rule of law, precarious legal frameworks and inadequate naval, coast guard, and maritime law enforcement.

“The absence of an effective maritime governance system in particular hampers freedom of movement in the region, disrupts

trade and economic growth, and facilitates environmental crimes.

“We have also acknowledged in our resolutions and in the presidential statement adopted this morning that the solution to these root causes lies in greater African stewardship of maritime safety and security at the continental, regional, and Member State level.

“Strong political will from African governments and leaders is needed to pursue and prosecute crimes at all levels within criminal enterprises.”

She said that maritime crime flourishes under ineffective or complicit governance structures, but was diminished when rule of law was effective.

She said that with the absence of African ownership and action from national and local governments to tackle maritime security challenges, there was little reason to believe that attacks in the Gulf of Guinea would decline.

In this regard, she welcomed the Yaoundé Summit documents, which articulated a comprehensive view of maritime safety and security, including combating illegal fishing; trafficking of arms, people, drugs, and maritime pollution.

She commended the UN offices of West and Central Africa for providing capacity building and technical assistance to governments in the region.

As well as sub-regional organizations, including the Gulf of Guinea Commission, the Economic Community of Central African States (ECCAS), and the Economic Community of West African States, ECOWAS. Sison urged the Member States of the regional and sub-regional organisations to make the Inter regional Coordination Centre fully operational.

She also said the U.S. was doing its part to support the efforts of its African partners in the Gulf of Guinea.

Sison explained further that the US approach was based on three guiding principles: the prevention of attacks, the response to acts of maritime crime, and enhancing maritime security and governance.

“On prevention, we are supporting ECOWAS and ECCAS efforts to strengthen regional maritime strategies, including the completion of their Memorandum of Understanding and Code of Conduct for Central and West Africa.

“We are also encouraging nations to fully implement the Yaoundé Code of Conduct and the 2050 AU African Integrated Maritime Strategy.

“We encourage states in the region to further enhance security by establishing pilot maritime Zone

‘E’ covering the coasts of Nigeria, Niger, Benin, and Togo, an area where the majority of attacks occur,” she added.

She said that the establishment of the Zone, would provide the means for an integrated approach to coordinating joint patrols, naval drills, training programs, and intelligence sharing among the naval forces of countries in the zone.

On responding to acts of maritime crime, she said, the US trains, equips, and conducts exercises and operations with African maritime forces through its African Partnership Station.

To enhance maritime security and governance, she added that the US is assisting with strengthening the judicial sectors of Gulf of Guinea nations and regional capacity to address impunity for piracy and related maritime crime.

She also said that technical assistance helps these countries put in place the necessary criminal laws to effectively prosecute armed robbery at sea and piracy cases.

Sison underscored the importance of a comprehensive regional approach to addressing maritime insecurity.

A comprehensive approach, she said, would help to reduce the loss of national revenue, support socioeconomic development and expand environmental protection in the region.

FG Mulls Establishment of Regulator for Housing Sector James Emejo in Abuja

The acting Director General, Bureau of Public Enterprises (BPE), Dr. Vincent Onome Akpotaire, has said the federal government is currently considering the setting up of an apex regulator for the housing sector to check the activities of operators in that segment.

He added that already talks were at an advanced stage with the Federal Ministry of Power, Works and Housing towards realising the objective.

He said the essence was to create a housing sector where social housing will be delivered to Nigerians through a partnership involving the federal and state governments as well as the private sector.

Akpotaire also disclosed that the bureau was currently reviewing the statistics of failed privatised enterprises in the country to ascertain their performance index with a view to upscaling them.

In a statement issued by BPE spokesman, Alex Okoh, the acting

BPE boss was quoted as saying on a television programme that there had been insufficient data on the operation of affected, hence necessitating the review.

He said the agency had also decided to partner with anti-graft and security agencies in the country to carry out thorough due diligence on prospective investors willing to buy government assets.

He lamented that despite the huge successes which the privatisation agency had recorded in the reform and privatisation programme of the federal government, only the failed exercises have been highlighted by Nigerians.

He further identified the reforms in the banking, telecoms, Pension, petroleum services and cement companies and hotel industries as some of the reforms carried out by the bureau and which had impacted positively on the Nigerian economy but “which most Nigerians don’t give the bureau the credit”.

FACTORY TOUR

L-R Minister of State for Trade Industry and Investment, Hajia Aisha Abubakar; General Manager, Lucky Fibres Plc, Jitesh Pamnani; and Head, Human Resources, Lucky Fibres Plc, Mrs. Oluwakemi Ajibade, during a factory tour of Lucky Fibres in Lagos...yesterday

Yuguda: Why I Left PDP Segun AwofadejiinBauchi Revelations have emerged as to the main reasons why the immediate past Governor of Bauchi State,Malam Isa Yuguda, dumped the opposition People’s Democratic Party (PDP).

Yuguda had, while speaking to Journalists in a Phone Conference last Saturday, said he was leaving the PDP, the party under which he was governor for six years due to “personal reasons.”

The former governor lamented that the PDP lacked the capacity to bring about the needed development to Nigerians disclosing that he would take some months or a

year to rest from politics before knowing which way to turn after due consultation with friends and associates.

But in a letter addressed to the Chairman of the PDP dated Saturday, April 23, 2015, and titled: “Letter of Resignation as a Member of the PDP, which was made available to THISDAY in Bauchi yesterday, Yuguda said he was dumping the party because of the ongoing investigation into the arms deal scandal.

He said the revelations of the embezzlement of the $2.1 billion arms deal were very shocking adding that the dastardly act by the then PDP government

has brought the integrity of the members of the party to question.

Yuguda said in his letter, “I wish to tender my resignation as a member of the PDP effective from today, Saturday, April 23, 2016.

“My decision was informed by the shocking revelations of the embezzlement of 2.1 billion US Dollars meant for the procurement of arms to fight insurgency and reduce the sufferings of the victims of the insurgency.

“This dastardly act by the leadership and members of the government of the PDP has left a moral burden on all members of the PDP. With 500 million US

Dollars, the lives of the deprived over 2 million IDPs would have been better up to today.

“Being a governor then from the zone who received no material or financial support from the then federal government, and was also a witness to the waste of human lives and properties for non-availability of fighting equipment and the relief material.

And after having known that the funds were embezzled which led to the death of thousands of women, children, young men and un-armed members of the Nigerian security forces, have made it impossible for me to continue my membership of the party.”

46

T H I S D AY • TUESDAY APRIL 26, 2016

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

‘La Liga, NPFL Deal to Boost Bilateral Sporting Ties Between Nigeria, Spain’ A delegation of Spanish Premier League board, the La Liga led by its President, Javier Tesba, arrived Nigeria early hours of yesterday to a warm welcome by representatives of the Nigerian and Spanish governments who separately remarked that the technical partnership initiated by La Liga and the League Management Company (LMC) holds a huge prospect of deepening sporting, cultural and commercial ties between the two nations.

Tesba and his team were led by the top hierarchy of Nigeria’s football governing body including President Amaju Pinnick and LMC Chairman, Mallam Shehu Dikko to the office of Nigeria’s Youth and Sports Minister, Solomon Dalung and later to the Residence of the Ambassador of Spain to Nigeria, Alfonso Barnuevo Sebastián de Erice.

Dalung in his welcome remarks reaffirmed the commitment of the Nigerian government towards making Nigeria investment friendly by providing the enabling environment for such partnership between the LMC and the La Liga to succeed.

Dalung commended the LMC for keying into the policy thrust of government for the development of the elite league which provides jobs for thousands of youths through the 20 clubs and stimulating business activities within the areas matches are played.

“The league in Nigeria is indeed a major tool for social cohesion.

Government is

committed to putting in place, enabling administrative and legal frameworks for international business partnerships,” the minister observed.

According to Dalung, government will work with and support the managers of football in the country for meaningful projects like the international collaboration with Spain.

“It is of significance that the NPFL and La Liga are entering into an understanding that will improve the business aspects of the league in Nigeria. Such areas will boost the earnings of football which will in turn impact positively on the welfare of the players while creating new frontiers for business” Dalung said.

Ambassador Barnuevo while receiving the delegation of LMC and La Liga noted that the partnership will strengthen the already strong cultural and trade ties between his country and Nigeria, stating that “at the moment, Spain is the third biggest buyer of Nigeria’s crude oil”.

On the occasion, Dikko said discussions that led to the partnership that will be signed today in Abuja was initiated at that inaugural World Leagues Forum meeting in London in 2015.

“Our objective is to be able to move with the times. We need to get our league to conform to international standards and best practices. La Liga is one of the best leagues in the world. They have some of the richest clubs in the world and they have a system

IfeanyiUbah Partners Yobo Centenary Game With barely one month to the befitting testimonial match planed to mark the retirement of former Super Eagles Captain, JosephYobo, from football slated for May 27 in Port Harcourt, one of Nigeria’s top businessmen, Dr Ifeanyi Patrick Ubah, has thrown his weight behind the project.

The Capital Oil chairman at the weekend endorsed the Yobo Centennial Game and promised to use two of his companies, FC IfeanyiUbah and the Authority Newspaper to be brand ambassadors of the testimonial match.

Coordinator of the Yobo Centennial Game who is also a former Super Eagles player, Waidi Akanni, confirmed Ubah’s magnanimity and his involvement in the plan to give the Ogoniborn former Nigerian captain a befitting send-forth from the Beautiful Game.

“Dr Ifeanyi Ubah has endorsed the Yobo Centennial Game. He has promised to use two of his companies, FC IfeanyiUbah and the Authority Newspaper to be brand ambassadors for the testimonial match,”revealed Akanni yesterday.

While expressing his happiness over the coming of the top businessman to the testimonial project, the former chairman of

Lagos State Football Association stressed that Dr Ubah has shown to football loving Nigerians that he is truly a man of the people.

“His long association with the senior national team is legendary. How he supported past testimonials for the likes of Austin Jay Jay Okocha, Taribo West and Nwankwo Kanu remain very fresh in our minds. Dr Ubah remains a father figure for us ex internationals,”observed Akanni who used the occasion to call on other well to do Nigerians to support worthy causes meant to celebrate past footballers who have contributed their quota to make Nigerian sports great.

Some of the corporate bodies who have indicated their support for the Joseph Yobo Centenary Game include, Sifax Group, NICON Insurance and Beko Electronics Ltd. Meanwhile, some top players from Europe including William Gallas, Louis Saha, Tim Howard and Steven Pienaar have been booked on the flight to Port Harcourt for the Joseph Yobo Centenary Game.

Yobo’s former Everton teammate Wayne Rooney and African greats Samuel Eto’o,Yaya Toure, plus a host of other international football personalities have all shown interests in the match.

which is very attractive to us.

The structure and management of their clubs is fantastic as well as the way the government and the clubs relate. They also have legislation by the government to ensure that the league is developed.

We need to learn how they’re doing”, Dikko said.

Tebas, the La Liga president expressed delight at the prospects of sharing experiences with the NPFL, noting that while they will be providing technical assistance to

the LMC in the administration of the league, they also will in turn learn something from Nigeria.

“We are here not only to teach but to share experience and we are sure we can also learn from the Nigerian Professional Football League.

“This exchange of experience will help us to grow and we’ll ratify this in Nigeria during this visit with a Memorandum of Understanding.

“Football is not only a

commercial issue but also an example of values especially for youths in any country and the La Liga will like to help develop these values for the Nigerian youths. We want to use the names of our stars to transmit the values of the sport. We will also offer our expertise not only to football but to the Nigerian government,” Tebas assured Nigerians.

Pinnick was at the head of the Nigerian team during the visit to

the minister alongside the LMC Chief Executive Officer, Hon. Nduka Irabor, NFF Executive Board Member, Alhaji Ibrahim Gusau and Chairman of Club Owners and Managers of the NPFL, Isaac Danladi.

Accompanying the La Liga president were Melcior Soler, the Director of Audiovisual Affairs, Fernando Sanz, International Projects Director and Antonio Baradas, Manager, African Affairs.

L-R: League Management Company (LMC) CEO, Hon Nduka Irabor; LMC Chairman, Shehu Dikko; NFF President, Amaju Pinnick; and La Liga President, Javier Tesba; in Abuja yesterday

El-Kanemi to Approach Shettima for Supplementary Budget Olawale Ajimotokan in Abuja Following their return to their Maiduguri base due to improved security in the north east, hints have emerged that El-Kanemi Warriors may write Borno State Governor, Kashim Shettima to assist the team with finance to make it possible to prosecute its remaining away matches in the Nigeria Premier League.

Security concern arising from the insurgency in the north eastern region had prompted the League Management Company (LMC) to banish El-Kanemi to Katsina for its home matches.

For almost two years, the team coached by Ladan Bosso played its home fixtures at the Karkanda Stadium in Katsina with some mixed results.

However, while commending the gallantry of the Nigeria military for curtaining the insurgency, the Chairman of Borno Football Association, Alhaji Babagana Kall,i said the management was thinking of approaching Shettima for financial support as the stay of the team in Katsina left a deep hole in its budget.

“We still have in place the budget we prepared while the

team was in Katsina but you must realise the reason behind our going to Katsina in the first place. The management of the club will now write the governor to give us additional money to cover the demand of playing our away matches, ’’Kalli said.

He described the stint in Katsina as a very difficult period for El Kanemi, comparing the demand of playing their home fixtures about 700 kilometres away from Maiduguri to almost like playing away matches.

Kalli thanked the state government for being steadfast

in supporting the team but noted that the team did not find it easy playing in Katsina.

“It is very tough to play your home matches on away ground for almost two years. It is almost like playing all matches at away. If you look at it, most of the relegated clubs were those banished from their home base to play three or four matches on neutral ground. So you can hardly see them surviving.

But in our case we have been playing away from home for almost two seasons we still survived and my prayer is that the team will sustain the spirit,’’ Kalli sounded.

Ighalo Bereaved

NFF commiserates with Watford star on father’s death Nigeria international Odion Ighalo has announced the death of his father, Paul Ighalo.

The late Paul Ighalo died around 2 a.m Monday after he complained of general body weakness.

The Watford striker told AfricanFootball.com that it was painful his father has passed on.

“I lost my father early hours of today (Monday),” Ighalo told AfricanFootball.com

“He had complained of weakness before going to bed last night and they discovered by 2 am this morning that he is gone. It is a very painful loss.

“I’m short of words at this moment. I can’t believe my dad is no more. I spoke to him on Saturday and he prayed for me.

I never knew that would be the last time we would have a fatherand-son conversation. I’m going to

miss him a great deal because he has been the greatest motivator for me in my career,”mourned Ighalo.

On Sunday, Ighalo and Watford failed to reach the FA Cup final in England after they lost 2-1 to Crystal Palace.

Meanwhile, President of the Nigeria Football Federation (NFF), Amaju Pinnick, yesterday put a call through to the Watford player to mourn with him and assure the

player of the empathy of the NFF and the Nigeria football fraternity.

“I know that no amount of words can console you at this moment. But I want you to know that the NFF and the Nigeria football family are mourning with you at this period. It is always tough to lose a parent. But I want you to be strong at this period and be there for younger members of the family. That is very important.”

47

T H I S D AY ËžTUESDAY APRIL 26, 2016

TUESDAYSPORTS U E FA C H A M P I O N S L E AG U E

Ronaldo, Benzema, Primed for Man City Tonight Injury knocks out Toure from semi final clash

Strong indication emerged last night that coach Zinedine Zidane intends to select Cristiano Ronaldo and Karim Benzema against Manchester City after the forwards recovered from injury.

Ronaldo sat out the 3-2 Liga win at Rayo Vallecano on Saturday due to a thigh

complaint, while Benzema limped out of the contest shortly before half-time after taking a blow to the knee.

Both players were named in Madrid’s travelling party and, speaking ahead of his team’s Monday training session in Manchester, Zidane stated his confidence that they would

recover in time. “The idea is that we want them to play tomorrow, of course, but we have the last training session now and we will see,� he said. “They’re absolutely fine at the moment, they’ve recovered really, really well. “We’ll test everything but

the idea is that they’ll play.�

Zidane added: “I think they’ve got to be 100 per cent fit and I think they will be.

They’re fine today. “They are players who look after themselves physically.

My idea is that they are both going to be fit to play.�

Madrid’s Clasico win over

Aguero (left) and Ronaldo ahead of tonightĂ­ s Champions League semi nal clash

Juve Wins Consecutive Fifth Serie A Title after Napoli Loss Juventus won Serie A for the fifth season in a row without kicking a ball yesterday after Napoli, the only team that could have caught them, were sunk 1-0 by a late Radja Nainggolan goal at AS Roma.

Juventus, who have led the table since beating Napoli 1-0 in February, were left with an unassailable 12-point lead with three games each left to play as they clinched a record 32nd league title.

The match, played at a halfempty Stadio Olimpico on a sunny bank holiday afternoon, was an anti-climatic end to a season which had at one stage promised to be one of the most exciting Italian title races for years.

During the first half of the season, the lead had changed almost weekly with AS Roma, Napoli, Inter Milan and Fiorentina all taking turns at the top.

But, as their rivals faltered,

Juventus, who beat Fiorentina 2-1 on Sunday, put together an astonishing run in which they took 73 of a possible 75 points to snare the title with games to spare. “I always say that you can only get better by going through difficult times,� Tweeted Juventus coach Massimiliano Allegri, whose team recovered from a slow start which left them 11 points off the pace at the end of October. “I look at our journey and that makes me prouder.�

His sentiments were echoed by veteran goalkeeper Gianluigi Buffon, who saved a penalty in the 2-1 win at Fiorentina on Sunday. “It’s a title of momentous importance, given that it’s the fifth in a row and follows an amazing turnaround,� said the 38-year-old, who has won seven Serie A titles since joining the club in 2001.

“Certainly, at the beginning we were worried we would not do it, then at the end, with the strength of an amazing group and the backing of a responsible club, we pulled off this amazing achievement.�

The clash of Serie A’s two highest-scoring sides was threatening to peter out into a tame goalless draw until Nainggolan slotted the ball home in the 89th minute following a move started with a delicate pass from Roma substitute Francesco Totti.

The 39-year-old Roma stalwart, in his 24th season at the club and no longer able to command a place in the starting line-up, has made a recent habit of coming on in the last few minutes and having a major impact on games.

Roma had more possession but Napoli, whose top-scorer Gonzalo Higuain returned after a three-match ban, carved out the better chances and Jose Callejon had a first-half goal ruled out by a hairline offside decision.

Higuain, who has scored 30 goals this season, nearly gave Napoli a first-half lead with a delightful piece of control only to see his shot saved by Wojciech Szczesny.

A Napoli goal looked imminent in the second half as Dries Mertens curled a shot agonisingly wide and Antonio Ruediger saved Roma by sliding in to take the ball off Marek Hamsik’s foot just before an almost certain score.

Instead, Nainggolan slotted the ball past Pepe Reina after Mohamed Salah managed to find the Belgian despite being surrounded by Napoli defenders.

Napoli, who would qualify directly for the Champions League group stage if they finish second, are now only two points clear of Roma, who are in third place, good for a berth in the final qualifying round.

Barcelona at the start of April served to derail their bitter rivals and Zidane’s men are now unexpectedly in the thick of a three-way title race domestically.

The former France star believes this has brought the best out of his squad ahead of their latest assignment in England. “We’re here now in a decent vein of form, probably the best of the season - even in games like the last ones where we lost Cristiano and Karim,� he said. “We have to play against the opposition that we face.

I’m convinced we can do a good job if we stay united.�

City are playing in their first Champions League semi-final versus the 10-time European champions but Zidane expects a close contested affair against a team he worries has the capability to hurt his own “I see this as 50-50 to each team. Our plan is to go out on the field and score a goal. Our mentality is to win,� he added, with memories of a first-leg 2-0 quarter-final defeat at Wolfsburg still fresh - Madrid’s only slip-up in the past 12 matches. “City, if you leave them space, they can hurt you in that space. Their players get between the lines and cause you problems. What we have to do tomorrow is stop that happening and stop them hurting us in those areas.�

Meanwhile, Manchester City will be without their midfield powerhouse, Yaya Toure, after he failed to recover from a leg

injury sustained at the weekend.

The Ivorian suffered a muscle injury in the 4-0 win over Stoke City on Saturday and will not feature against the 10-times European champions at the Etihad Stadium.

Manager Manuel Pellegrini said former Barcelona player Toure could also be struggling to make next week’s second leg. “Yaya is going to be out, I think. He hasn’t recovered from the muscle injury,� Pellegrini told a news conference yesterday. “Tomorrow the two players not on the squad list are (Samir) Nasri, who is not registered, and Yaya who is injured.�

City were beaten by Real’s arch-rivals Barcelona at the last-16 stage in the past two seasons, having a player sent off during the tie on both occasions.

Pellegrini said maintaining discipline would be key if they are to overcome Zinedine Zidane’s side. “We need a hot heart and a cold mind -- against Barcelona we played with one player less both times. It’s very difficult with ten players. We need our emotions under control tomorrow.�

While City must do without Toure, captain Vincent Kompany declared himself 100 percent fit having recovered from another calf muscle problem. “Everything went well (in training) and, as always, unfortunately when you’re injured you have to work a lot harder than the rest and that’s what I did,� he said.

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Abuja Open: Mugabe Stops Nigeria’s Emmanuel ATTF Confirms Nigeria, Egypt, Others for ITTF World Junior Championship The second leg of the Abuja Open Tennis Tournament served off yesterday at the National Tennis Centre, Abuja with Nigeria’s Sylvester Emmanuel succumbing to a 6-3,5-7, 5-7 defeat to Uganda’s Duncan Mugabe.

Emmanuel, the world no 1546 broke his Southern African opponent in the fourth and sixth games of the opening set before serving out the set for a 6-3 win.

Mugabe showed signs of frustration as he was eager to take control of the game but Emmanuel stood his ground holding on his serves in the second set.

A tie break-decider looms large as there was no break in up till the twelfth and final game but Mugabe broke the homeboy to a devastating effect for a 7-5 win prompting a

final set.

At 6-5 to the advantage of Mugabe -amid both players breaking each other in the third and sixth game- the same scenario played out in the final set as Mugabe broke while Emmanuel was serving to force a tie-break decider.

In order matches, top seed Aldin Setkic bagged a hard-fought 6-1, 6-7, 6-3 win over Spain’s Aaron Alcaraz with the Bosnian progressing after a test that lasted 2hrs 20mins.

Egyptian duo of Issam Taweel and Karim-Mohammed Maamoun also progressed to the second round with triumphs over Indian Chandril Sood and Alexander Igoshin of Russia 4-6, 6-2, 7-5 and 6-1, 6-3 respectively.

A dozen of first round matches are on the card today with Nigerians involved in four.

Moses Michael faces a Herculean task as he battles Dutchman Antal van Der Duim, the winner of the first leg while Joseph Ubon keep a date with Ilija Vucic of Serbia.

Christopher Edward and Thomas Otu are also expected to face tough challenges as when they battle will also have their hands full as they confront Austrian Lenny Hampel and Zimbabwe’s Mark Fynn.

Some other key matches will see Mohamed Safwat of Egypt confronts Zimbabwe’s Takanyi Karaganga; Hunter Reese of the USA against Turker Vorster of South Africa; Simeon Rossier of Switzerland faces David Pel of the Netherlands and Sherif Sabri of Egypt takes on Pirmin Haenle of Germany.

The African Table Tennis Federation (ATTF) has confirmed Nigeria, Egypt, Tunisia and Algeria as the continent’s flagbearers at the 2016 ITTF World Junior Championship holding in Cape Town, South Africa in October.

In a statement by the President of ATTF, Khaled ElSalhy, the four teams confirmed their qualification among the 12 teams that featured at the last ITTF African Junior & Cadet Championship in Algiers.

Egypt and Nigeria will compete in the boys and girls events at the global

tournament while the girls’ team from Algeria and the boys’ team from Tunisia will join the two continental superpowers at the tournament holding in November this year.

Aside the four countries that will represent Africa at the championship, host – South Africa will also be presenting its boys and girls teams for the competition.

Also, the continental body also named the eight-man team that will constitute African team for the 2016 World Cadet Challenge in China.

The team is dominated

by players from Egypt, Tunisia and Algeria, while Nigeria and Congo Brazzaville completed the list.

Cadet champions – Egypt’s duo of Marwan Abdelwahab and Rinad Fathy top the list.

Others are Tunisia’s pair of Aboubaker Bourass and Manel Baklouti as well as Algeria’s Malissa Nasri and Abdelbasset Chaichi. Other members of the team are Nigeria’s Esther Oribamise and Congo Brazzaville’s Regis Kiassi. The ITTF World Cadet Challenge holds on October 21 to 29.

Tuesday April 26, 2016

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Price: N250

MISSILE EFCC to Ekweremadu “The commission is not in the habit of awarding titles to individuals.

And those enamoured of titles, know the quarters to approach for such honours not the EFCC.” – The Economic and Financial Crimes Commission (EFCC) distancing itself from a declaration by its National Assembly Liaison, Sulaiman Bakari, for naming Deputy Senate president, Ike Ekweremadu, the commission’s Anti-corruption Ambassador.

ISSAAREMU GUEST COLUMNIST

The Last African Investor Adding Value “As an entrepreneur, nothing gives me more pleasure than the opportunity to give back to the community” - Aliko Dangote at the 38th Pre-Convocation Lecture ABU, Zaria January 29, 2016

S

unday April 10, 2016 was the birthday of the President/ Chief Executive of the Dangote Group, Aliko Dangote. The richest man in Africa is certainly not short of best wishes as a budding sexagenarian. But before I could add mine to the bagful, the last African investor standing up to re-industrialise the continent lived up to expectation with a birthday manifestation of value addition and beneficiation for the continent. Yours comradely was among the invitees to the “special double events”, groundbreaking ceremony of $1billion Dangote Cement PLC’s 6MMTPA plant at Okpella, Edo State and celebration of Aliko’s birthday.

Aliko Dangote’s birthday at 59 turned out to be shared prosperity for all; the people of Edo State, Nigeria (and indeed Africa) but particularly for 4,500 direct employees and 45,000 indirect workers to be gainfully engaged on the completion of the Okpella cement project in 26 months’ time. It is time to come to terms with how Alhaji Aliko Dangote is changing the narrative of African continent from the boring agonising resource-curse story to inspiring resource-blessings of mass production of goods and labour absorption.

Walter Rodney, the eminent Guyanese African historian, rightly documented how Europe Underdeveloped Africa through the obnoxious systems of slavery and colonialism (in-that-order!) between 15th and 18th century. Indeed the struggle for independence by great nationalists like Kwame Nkrumah, Julius Nyerere, Nnamdi Azikiwe, Chief Obafemi Awolowo, (at the turn of the 20th century) was to halt dependency on the imperial countries of Europe.

In fairness to them, Africa’s founding fathers did walk their electoral promises.

Within a record time, they reversed the colonial legacy of Africa as an exporter of

Dangote

raw materials and importer of finished goods. Manufacturing value added to GDP averaged 35 per cent in the 60s and 70s with near full employment. The continent was once a huge industrial estate. Up to mid-80s, textile sector employed more than federal and state governments! Nigeria was the third largest producer of assorted fabrics after Egypt and South Africa. Sadly, the remarkable gains of postcolonial Africa in terms of import substitution, manufacturing value added (MVA) massive infrastructural and massive labour absorptions in labour intensive sectors had been reversed.

No thanks to wholesale uncritical liberalisation of the Structural Adjustment Programme (SAP) era, unsustainable industrial policies, bad (and in many instances) no governance at all. I bet that Rodney would have had another reflection on ‘How Africans

The message by Dangote is clear: it is the compatriots that build nations not necessarily their friends from abroad. I recommend Aliko’s speech for Buhari’s two ministers of Trade and industry

Underdeveloped Africa!’ Through power/electricity non-supply, massive smuggling, lowering of tariffs and nonpatronage of the locally produced and collapse of railways. It is against this background we must appreciate the singular re-investment drive of African continent by Dangote Group in recent times.

Undoubtedly motivated by profit making, a young trading entrepreneur who started with N500,000 (in his words!) “Seed capital given to me by my grandfather, Alhaji Sanusi Dantata” in 1978, has dramatically transformed in the last four decades into matured multi-billion dollars value adding business interests in cement, sugar, salt, flour, pasta, noodles, poly products, real estate, agriculture, logistics, telecommunications, steel, oil and gas, and beverages, in the process developing the continent. Literature about the pattern of African investment and capitalist accumulation can make a library; from the rent seeking to trade, import substitution to export promotion.

The robust-mix, and diversity of Dangote Group investment has shown that capital accumulation in particular and development hardly follows that academic binary arguments of this or that sector, the latest in Nigeria (oil versus non-oil sector). Aliko has justified the validity of received wisdom that every body (and indeed every nation) desirous of growth must be prepared to unleash “the master within”, the passion, what Carmine Gallo calls “emotional quality that separates those who master a field from many who simply work at the job”.

There are certainly investors as much as there is investment space in Africa, but few rival Dangote’s phenomenal reach and impact. The usual photo clip of Aliko has the caption of the “richest man in Africa”. However an in-depth look at the group investment reveals that Aliko is enriching the continent through productivity and value addition; three subsidiaries listed on the Nigerian Stock Exchange (NSE). Dangote Cement Plc., Dangote Sugar Refinery Plc., and NASCON Plc. accounting for about 25 per cent of the market capitalisation

on the Nigerian Stock Exchange (NSE), 24,000 direct employees and indirect employment of tens of thousands.

Dangote Cement investment is in 18 African countries. In 2015, six new plants commenced full operations (Tanzania, Cameroon, Ethiopia, Senegal, South Africa and Zambia) while 12 MOUs for a total contract sum of over US$4 billion were signed. We are all hard put about what President Muhammadu Buhari brought from China, $2.6 billion or $6 billion, loan or investment? Whether loan or investment the total handouts from China do not add up to Dangote’s $12 billion investment in Lekki 650,000 bpd petroleum refinery, (the world’s largest single stand-alone refinery, and a separate petrochemical complex in the Lekki Free Trade Zone!).

May be Nigeria should cultivate more of Dangotes than seeking for uncritical hand-outs from abroad. In any case, Alhaji Dangote says as much in his ABU convocation lecture. According to him, “Looking at the economic development of America, one cannot but admire the vision, courage and impacts of the so-called ‘Men Who Built America’, Cornelius Vanderbilt in railroads; John D. Rockefeller in oil and pipelines; Andrew Carnegie in steel; J.P. Morgan in finance and electric power; and Henry Ford in cars; names that represent industrial enterprise and big business in America.

“I believe that in Nigeria, and indeed in Africa, a few good men and women can replicate and surpass these models (America and Asia) and set the country firmly on the path of economic diversification, industrialisation and self-sufficiency in food and other basic commodities, while also supporting millions of smaller entrepreneurs, service providers and innovators”.

The message by Dangote is clear: it is the compatriots that build nations not necessarily their friends from abroad. I recommend Aliko’s speech for Buhari’s two ministers of Trade and industry.

• Mr. Aremu, General Secretary of the Textile Workers Union, is the Secretary of the Alumni Association of the National Institute of Policy and Strategic Studies (NIPSS)

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