Tuesday 19th July 2016

Naira Settles at N292.15/$ as Dealers Limit Spread on Offers Inflation rises to 11-year high of 16.5% Obinna Chima in Lagos and James Emejo in Abuja The naira closed at N292.15 to a dollar on the interbank market yesterday, slightly stronger than the N292.25 to a dollar at which it closed on

Friday, after volatility surged following the decision by the Central Bank of Nigeria (CBN) to remove the limit on bid-offer spreads on the FX

market, fuelling expectations that the naira would extend its fall as it was traded more freely.

It was gathered that the

nation’s currency fell to as low as N297 to a dollar during intra-day trading, before it recovered to N294.5 to a dollar and finally settled

at its closing rate of N292.15 to a dollar.

THISDAY learnt that the naira was buoyed by the decision by authorised

Remi Tinubu Writes IG, Seeks Police Protection from Melaye… Page 9

dealers to restore the 50 kobo offer spread on the currency in the FX market.

The treasurer of one of the leading commercial banks, who pleaded not to be named, Continued on page 6

Tuesday 19 July, 2016 Vol 21. No 7754. Price: N250

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Saraki Restates Loyalty to APC, Mark, Nnamani, Masari Meet Buhari in Fence-mending Mission Appeal against assets declaration trial adjourned to Oct 6 Tobi Soniyi and Omololu Ogunmade in Abuja Senate President Bukola Saraki yesterday restated his loyalty to the ruling All Progressives Congress (APC)

and reiterated his belief that the President Muhammadu Buhari administration would redeem the electoral promises it made during the 2015 general election.

Continued on page 8

Buhari: Judiciary Not Doing Enough to Fight Corruption President doesn’t have to consider federal character in all appointments, says presidency Tobi Soniyi in Abuja President Muhammadu Buhari has accused the judiciary of not doing enough to support the fight against corruption.

Speaking yesterday in Abuja at a workshop on the Role of the Judiciary in the Fight

against Corruption organised by the Presidential Advisory Committee against Corruption, the National Judicial Institute (NJI), United Nation’s Office on Drugs and Crime (UNODC) and the Commonwealth Continued on page 6

Dogara: House Can No Longer OLD SOLDIERS NEVER DIE...

Muhamadu Buhari (right), receives in audience former Senate President, Senator David Mark, at the Presidential Wait for Executive on PIB… Page 12 President Villa in Abuja… yesterday. Both men were once generals in the Nigerian Army. godwin omoigui

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Militants Bomb Shell Pipeline in Delta Sylvester Idowu in Warri Daring militants yesterday blasted an oil pipeline belonging to the Shell Petroleum Development Company (SPDC) in Batan community in Warri South West Local Government area of Delta State.

Security sources told THISDAY that the incident occurred at SPDC Camp Five at about 1 a.m. with a huge fire enveloping the site of the attack.

“Suspected militants attacked the SPDC pipeline in Batan at about 1 a.m. with dynamites.

As I am speaking, the place is engulfed with fire but efforts are being made to put it off,” one security source said.

Another community source confirmed the incident, stating that they heard a huge explosion around midnight only to discover it was a pipeline belonging to Shell that had been blasted.

He said: “We heard a huge explosion when we were sleeping. We rushed out and found that the Shell pipeline was on fire. We are not sure whether it was militants that caused it or not.”

The Niger Delta Advengers (NDA), the militant group that has claimed responsibility for the destruction of oil facilities in the Niger Delta, was yet to claim responsibility at the time of filing this report.

Instead, the group disclaimed reports of a meeting between itself and the Minister of Youths and Sports, Solomon Dalung, at Oporoza in Warri South West Local Government Area of Delta State.

Reacting to the minister’s claim that he met with the Avengers at the weekend, the militant group said he must have been duped by fraudsters since it did not send any representatives to “meet with a common minister”.

“The Minister of Youths and Sports, Solomon Dalung narrated how he met with some self claimed Niger Delta Avengers in Oporoza, Gbaramatu Kingdom.

We are here to let the general public know that Niger Delta fraudsters have defrauded the minister.

“Niger Delta Avengers can’t stoop so low to send representatives to meet with

a common Minister of Youths and Sports that doesn’t know his work.

“Let us make this clear, any meeting with Niger Delta Avengers that the international community is not part of as witness, we will not be part of any such dialogue," it said in a press release signed by its spokesperson, Mudoch Agbinibo.

Further investigations by THISDAY also revealed that none of the security agencies were aware of the said visit by the minister.

“We were not aware of the visit by the Minister of Youths and Sports. I should be in the know if we were informed of the visit,” a senior military officer at 3rd Battalion, Effurun said.

The Delta State Police Public Relations Officer, Celestina Kalu, a Superintendent of Police (SP), said she was also not aware of the visit while a senior officer of the Department of State Services (DSS) claimed ignorance of any meeting between the minister and the Avengers.

Meanwhile, the President General of Orogun community in Ughelli North Local Government

area of Delta State, Chief Josiah Ntekume, has said that the self-styled militant leader, who threatened to assassinate President Muhammadu Buhari does not hail from that area.

The self-styled militant leader, who identified himself as Ogheneghochuko, had in a video that has gone viral on the social media, threatened to kill Buhari, his family and governors of the South-east region if the detained leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu was not released by month end.

Oghenghochuko, who claimed he was from Orogun and the leader of Biafra Avengers 2, also demanded a Biafra nation in the 8.55-minute video. He used derogatory words against the president and threatened to unleash violence against the state and solicited for youths in the South-east to join any unit of his group closest to them.

But the President General of Orogun community, Ntekume, in an interview with THISDAY, said since the video went viral, an investigation conducted in the area revealed that there

said the Financial Market Dealers Association (FMDA) sent an e-mail to its members, directing them to restore the 50 kobo spread on offers.

“What that means is that you can buy at any price, but when you are selling to your client, the spread should not be more than 50 kobo,” the source explained in a phone interview.

Shedding more light on what might have necessitated the decision, she attributed it to the anticipated funding of the one-month forward contracts of $697 million that matures this Friday, adding that “it could be to ensure that the naira does not fall below N300 to a dollar”.

However, the three-month non-deliverable forward contracts jumped 4.1 per cent to a record N329 a dollar, while contracts maturing in a year rose 3.3 per cent to N363, the

highest level on a closing basis.

One-week historical volatility increased to 27 per cent, compared to an average of 8.6 per cent over the past year, according to the data compiled

by Bloomberg.

The naira, however, did not budge on the parallel market as it closed at N365 to a dollar yesterday.

Following the pressure mounted by the financial markets and analysts on the CBN to allow the naira to be truly market-determined, in a bid to improve liquidity, the central bank finally removed the limit on bid-offer spreads in the FX market last Friday.

Responding to enquiries from THISDAY, a London-based Economist at Exotix Partners LLP, Alan Cameron, said the

followed.

“When it is the turn of a person to hold a certain office and you say because he is from a certain region, you then bypass him for another person, you have been unfair to that person and also to the system,” he said.

“The security system often times operates on hierarchy and efficiency. So if you have a senior person who is also efficient and because he comes from a certain region, you bypass him, I think you are being unjust and unfair to somebody,” he added.

Adesina also said it was unfair to accuse the president of not making enough comments about issues that concern Nigerians, but responding quickly to international matters.

Emphasising that the life of every Nigerian matters to the president, Adesina said Buhari does not fail to act when the need arises.

“It amazes me when people say they have not heard on this and that. What they expect is that the president will come out personally to talk on those things, which I don’t think is the thing to do,” he said.

“Why does the president have aides? Why does he have ministers? Why do we have officials in government? When they have spoken on those issues, I think we should consider that government has spoken on them.

“Yes, the president may have not adopted the style of other leaders, but the life of every Nigerian is precious to him,” he said.

Citing instances when he felt the president ought to have spoken to Nigerians, but failed to do so, the anchor of the programme asked Adesina if Buhari would be more engaging in the days ahead, to which the presidential spokesman said: “The president will do what is right and proper at all times.”

He attributed the slow implementation of the 2016 budget to the crisis in the Niger Delta region, saying the economy has been largely affected.

Adesina said negotiations with the militants had commenced in order to find a lasting solution to the hostilities in the region.

“Yes the budget has been passed. The intention is to implement that budget as much as possible but then the circumstances are making it difficult because projections are not being met because of what is happening in the Niger Delta and other parts of the economy,” he said.

“But as much as possible, the government would still adhere to that project as much as revenue will permit and allow.

“Every option is on the table.

There was never a time anything was ruled out. All the options were on the table. You will recall that when some South-south leaders visited the president, led by King Alfred Diete-Spiff, he also disclosed that he had encouraged the security agencies to dialogue with the militants and the leadership of that region.

So there was never a time that dialogue was ruled out,” he said.

On another note, the Presidency has assured Nigerians that the Muhammadu Buhari administration, which came to power on the plank of anticorruption and good governance, will live up to its promises regarding those commitments.

Speaking on the decision of the government to submit the budget proposals of ministries, departments and agencies (MDAs) to the National Assembly for consideration, which is a first in the Fourth Republic, the Senior Special Assistant to the President, Media and Publicity, Mr. Garba Shehu, told State House correspondents yesterday that this was in line with the president’s wish to offer a more accountable and transparent administration.

“The laying of budgets for the MDAs, particularly those regarding the Central Bank and the NNPC behemoth was clearly unprecedented. The president is determined to make budgeting more transparent and more

participative.

“It is all part of the reengineering of the entire processes of government for the benefit of the welfare of ordinary citizens,” the presidential spokesman explained.

Shehu quoted the president as saying that good governance was key to the nation’s progress and that transparency was the cornerstone of any government that has the welfare of ordinary citizens as its mantra.

“By responding positively to the demands of the National Assembly that MDA budgets be laid before it for scrutiny, a demand mostly ignored by past administrations, President Buhari has given a clear indication of his commitment to an open, transparent and people-oriented government for Nigerians.

“He has shown that he is not hiding any secrets. It is equally a mark of respect for the institution of parliament.

Our hope and expectation is that the National Assembly, acting in the best interest of the nation, will allow the immediate operationalisation of the budgets, so that the momentum of growth of the economy which has begun to build up will be sustained,” said the spokesman.

was no such person from his community.

He held the view that the man

might be a Biafra sympathiser from the South-east claiming to be of Urhobo origin.

NAIRA SETTLES AT N292.15/$ AS DEALERS LIMIT SPREAD ON OFFERS

Continued on page 8

BUHARI: JUDICIARY NOT DOING ENOUGH TO FIGHT CORRUPTION Secretariat, Buhari said the judiciary has not met public expectations in eradicating delays in the trial of criminal cases.

He said: “I am worried that the expectation of the public is yet to be met by the judiciary with regards to the removal of delays and the tolerance for delay tactics by lawyers.

“When cases are not concluded, the negative impression is given that crime pays.

“So far, the corruption cases filed by government are not progressing as speedily as they should in spite of the Administration of Criminal Justice Act of 2015, essentially because the courts allow some lawyers to frustrate the reforms introduced by law.

“This certainly needs to change if we have to make a success of our collective effort in the fight against corruption.”

Athough he recognised the tremendous efforts the judiciary has made to foster justice and accountability in Nigeria, he used the occasion to remind the judiciary of the persistent challenges confronting the criminal justice system.

The president reminded the judiciary of the special position it holds in the nation’s democracy and enjoined it not to allow corruption to thrive within its ranks.

According to him, in carrying out its role in the fight against corruption, the judiciary must remain impartial and most importantly, be seen to be impartial.

He said: “It is incumbent on the judiciary to analyse facts based on the applicable law without prejudice and penchant regarding the case they are dealing with, and without acting in any way that would favour the interests of any of the parties.”

Buhari noted that where judicial corruption occurs, the damage would be pervasive and extremely difficult to reverse.

“It undermines citizens’ morale, violates their human rights, harms national development

and depletes the quality of governance,” he added.

He urged the judiciary to maintain its absolute independence, adding: “Judges should hear and handle their assigned cases without any external pressure or influence either by state powers, or by their hierarchical superiors, stakeholders or economic interest groups.”

He counselled the judiciary to take steps to ensure that it is not seen as being partisan and challenged it to be aware of the sensitivities of the public and to take steps towards avoiding even the shred of a doubt as regards its independence.

He said the judiciary was under duty to keep its house in order and to ensure that the public which it serves sees this.

He said Nigeria could not expect to make any gains in the war against corruption if the judiciary is seen as being distant from the crusade.

“This will not augur well and its negative effect will impact all sectors of society. The judiciary must fight delay of cases in court as well as fight corruption in its own ranks, perceived or otherwise.

“We expect to see less tolerance for delay tactics used by defence lawyers or even the prosecution in taking cases to conclusion,” he said.

While welcoming participants to the workshop, which was attended by the Chief Justice of Ghana, Hon. Justice Georgina Theodora Wood, and a former President of the Commonwealth Magistrates and Judges Association (CMJA), Hon. John Z. Vertes, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, admitted that corruption could not be easily tackled without a transparent, efficient and speedy delivery of justice.

He said: “Tackling corruption is neither easy nor quick and it is a symptom of deep-rooted factors.

The causes are complex and the means to control corruption are

gradually being understood.

“There is no single magical solution, as is with most problems in development; it must be tackled simultaneously on all fronts, individually and collectively.”

However, the CJN warned that the judiciary could not act on its own without the support of all stakeholders in the justice sector.

He said: “The prosecution, defence, police and other parties must play their respective roles in ensuring that they obey all directions of the courts and act timeously in the interest of justice. In this respect, I must commend the ongoing efforts of the Economic and Financial Crimes Commission (EFCC), ably chaired by Mr. Ibrahim Magu, for working tirelessly to ensure the resilient investigation and prosecution of corruption and other related offences.”

Meanwhile, following the rising outcry over the lopsided appointments made by the president since he assumed office last year, his media aide, Mr. Femi Adesina, has defended Buhari’s appointments, saying it is not every time the president has to consider federal character while making appointments.

It is uncertain if Adesina was discountenancing the principle of federal character enshrined in the constitution, however, the presidential aide said: “Every other part of the country would be taken care of.”

Speaking as a guest on Sunday Politics, a programme on Channels Television, Adesina added: “There are some (appointments) that are not necessarily subject to federal character,” but did not provide details on the appointments exempted from the application of the federal character principle or if the constitution includes a waiver for such appointments.

He admitted that the appointments made by the president were indeed tilted heavily towards some regions, explaining that the selection of security chiefs was peculiar because hierarchy had to be

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T H I S D AY TUESDAY JULY 19, 2016

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FG to Kick-start Campaign on Made-in-Nigeria Goods Ndubuisi Francis in Abuja The federal government is on the verge of kick-starting a campaign on made-in-Nigeria goods, a move designed to encourage Nigerians to patronise locally-produced goods and services.

This is part of the measures being adopted by the government to conserve foreign exchange, stimulate economic growth and create jobs.

The government also disclosed that it had commenced the implementation of the National Industrial Revolution Plan (NIRP).

Minister of Budget and National Planning, Senator Udoma Udo Udoma, who made the disclosure in Abuja yesterday while inaugurating

the Joint National Planning Committee for the 22nd Nigeria Economic Summit (NES#22), stated that the government also intends to increase manufacturing capacity by operationalising industrial parks, as well as free export processing zones, among others.

Udoma said his ministry agreed with the Nigeria Economic Summit Group (NESG) on the theme of the 22nd summit, “Made in Nigeria”.

“The summit will essentially be used to galvanise support from stakeholders on the need to commit to structural and fiscal changes required to strengthen the Nigerian economy.

“It starts with changing our orientation in consumption pattern by

shifting our mindset and preference for anything imported and foreign made to patronising made-in-Nigeria products,” he said.

The minister, however, acknowledged that there were challenges with patronising locallymade products, adding that the main issue was that people complain about quality and the sub-standard nature of the products.

While acknowledging that there was a degree of truth in this, he pointed out that “we must challenge ourselves to do better”.

“By encouraging patronage, we are challenging our manufacturers to invest in the technology required to upscale our quality. We are therefore calling on all our economic agents

(government, corporate organisations and individuals) to re-orientate to Nigerian made goods and services first, before considering imported products,” Udoma stated.

He affirmed that NES#22 was expected to serve as a strong platform to sharpen the focus of the conversation and extract tangible commitments from the participants.

According to him, the major thrust of the summit would be to facilitate stakeholders’ discussions and agreements on the practical issues, opportunities, policies and regulations needed to help Nigerian made goods a success in the country.

Udoma, who underscored the importance of the annual NES, said many of the reform policy initiatives

that have underpinned the evolution of the nation’s economic growth strategies in the past 23 years were strongly influenced by debates and deliberations during the summits.

The minister added that for instance, some of the recommendations of last year’s summit were reflected in this year’s budget and the strategic implementation plan of Budget 2016.

In designing the agenda for NES#22, he admonished the Joint Planning Committee to take cognisance of the current administration’s commitment to repositioning the economy, creating jobs for the teeming jobless youths, as well as supporting vulnerable groups.

Udo Udoma

SARAKI RESTATES LOYALTY TO APC, MARK, NNAMANI, MASARI MEET BUHARI IN FENCE-MENDING MISSION His statement came just as President Buhari met with former Senate Presidents David Mark and Ken Nnamani, and a former Speaker of the House of Representatives and Katsina State Governor Aminu Masari behind closed doors.

Although no statement was made on the reason for their meeting, speculation was rife that the former National Assembly leaders were on a fence-mending mission to settle the rift between the presidency and the Senate.

There has been no love lost between the presidency and the Senate since the emergence of Saraki as the Senate President and Senator Ike Ekweremadu as his deputy a year ago.

Saraki is currently facing trial for false assets declaration and with his deputy for the alleged forgery of the Senate rules, which both men have maintained were politically motivated by Buhari and his administration to force a leadership change in the Senate.

Also, while the Senate deems the forgery charges as undue interference in the affairs of the legislature, the executive has maintained that they were filed in the interest of justice and that of the public.

There were reports last week alleging that the Senate was contemplating initiating impeachment proceedings against Buhari but this was later denied by the Senate.

A statement by the Senate president's Special Assistant, New Media, Bankole Omisore, said Saraki reaffirmed his loyalty to the party at the 10th Abuja Housing Show held at the International Conference Centre in Abuja, with the theme: Expanding Access to Affordable Housing in Africa.

The event featured top government officials and prominent stakeholders in the housing sector.

While acknowledging the presence of the APC National Organising Secretary, Senator Osita Izunaso, who spearheaded the discussions at the summit, Saraki said the APC government was absolutely committed to the social welfare of the people while affirming his unalloyed loyalty to the party.

“The Senate and the National Assembly as a whole believe very strongly that we must make a difference in the housing sector,” he said.

The Senate president, reacting to observations that the existing housing laws needed to be

repealed and amended, charged the organisers of the summit to take further steps by forwarding a document of laws requiring amendments to the National Assembly.

“I assure you that action will be taken instantaneously,” Saraki promised.

Saraki further said the Senate had commenced the process of reviewing several laws affecting property rights and access to housing in the country.

According to him, the review of the National Housing Fund Act was ongoing and would be completed before the end of the year.

In his submission, Izunaso said housing deficit in Nigeria had been put at 17 million housing units.

“As at today, only 10 per cent of those who dream to own a house in the country can afford it, as against the 92 per cent home owners in Singapore.

“The central objective of the summit, however, is to come up with feasible strategies on how to end the problem of homelessness in Nigeria,” Izunaso said.

Present at the summit were the Minister of Power, Works and Housing, Babatunde Raji Fashola; Kano State Governor, Abdullahi Umar Ganduje; Turkish Ambassador

to Nigeria, Hakan Çakıl; Trade Union Congress (TUC) President, Mr. Bobboi Kaigama; and several investors.

Even as Saraki reaffirmed his commitment to the party and the administration’s policies, the president met the three former leaders of the National Assembly behind closed doors at the Presidential Villa in Abuja yesterday.

While Nnamani and Masari arrived together, Mark came later and was accompanied to Buhari’s office by the Senior Special Assistant to the President on National Assembly Matters (Senate), Ita Enang.

The Governor of Zamfara State and Chairman of the Nigeria Governors’ Forum (NGF) Abdulaziz Yari was also seen going into the president’s office. However, it was not clear whether he was part of the meeting or he met separately with Buhari.

Details of the meeting between Buhari and the former National Assembly leaders were not disclosed.

The executive and the legislature have been at loggerheads since the emergence of the current presiding officers of the National Assembly, especially the Senate. Indeed, the

leadership of the National Assembly did not honour an invitation to the breakfast with the president recently.

Meanwhile, the Court of Appeal in Abuja has granted Saraki’s prayer to adjourn his appeal challenging the competence of the false declaration of assets charges brought against him by the federal government.

The court adjourned the appeal to October 6 to enable the justices of the court enjoy their vacation.

Though the appeal was slated for hearing, Saraki’s counsel, Chief Godwin Kanu Agabi (SAN), a former Attorney General of the Federation (AGF), yesterday argued a motion praying the court to adjourn hearing of the suit in view of the yearly vacation of the court which began last week.

Agabi told the justices that they deserved their vacation having worked tirelessly in the past one year.

He also argued that since the court would not be able to give judgment during the vacation, there was no point hearing the matter so that judgment in the suit would not be hanging over their heads while on holiday.

Saraki’s stance was however vehemently opposed by the federal

government, which claimed that the Senate president had already been granted three adjournments in the matter.

But Justice Abdul Aboki, who was presiding, cut in and demanded to know from the government’s lawyer, Mr. Rotimi Jacobs (SAN), what he stood to lose if Saraki’s request was granted.

Jacobs eventually agreed to the adjournment.

Justice Aboki in his brief ruling agreed with Saraki and adjourned hearing of the appeal till October 6 this year.

Saraki had challenged the competence of the false assets declaration criminal charges brought against him by the federal government, insisting that the charge was politically motivated and in bad faith.

In the objection argued by his counsel, Saraki said the charges could not be sustained in law since due process of law was not observed before it was initiated.

He had asked the court to quash or strike out the charges filed in September last year against him.

The Senate president also asked the Appeal Court to discharge him from the charges on the grounds that they were not competent and lawful in the eyes of the law.

index also increased from 10.4 per cent in May to 10.9 per cent in June.

The NBS stated: “The core sub-index has increased at a faster pace for five consecutive months. Over the first six months of the year, the core sub-index increased by 12.8 per cent, up 5.2 percentage points from rates recorded in the corresponding period in 2015.

“On a month-on-month basis, after a brief uptick in May, the rate of increases in the core sub-index continued to slow in June.

“The index increased by 1.8 per cent, lower by 0.9 points from rates recorded in May. In June, on a month-on-month basis, the highest price increases were recorded for motor cars, electricity, solid fuels, fuels and lubricants for personal transport equipment groups, amongst others.

“The average twelve months annual rate rise of the index was recorded at 10.9 per cent for the period ending in June 2016, roughly 0.7 percentage points higher from the twelve-month rate of change recorded in May (10.2 per cent).”

NBS added that the average monthly price paid by Nigerian households for a litre of petrol across the country dropped to N149/litre in June compared to N150.28/litre in May. According to figures provided by the bureau, Borno, Taraba and Adamawa States recorded the highest monthly averages of N173, N160 and N153 per litre, respectively, for the month while Zamfara, Pleateau and Oyo recorded the lowest averages of N144, N145 and N145 per litre, respectively.

On the other hand, the average monthly price for diesel rose to N183/litre in June compared to N148/litre in May, with Borno, Taraba and Kebbi States recording the highest monthly averages of N222, N200 and N200 per litre respectively.

Ogun, Imo and Lagos States paid the lowest monthly average prices of N173, N175 and N176 respectively.

Commenting on the latest inflation data, analysts at Lagosbased CSL Stockbrokers Limited, in a report yesterday suggested that inflationary pressure would remain till the end of the year.

Inputting the new numbers

into its model, the firm disclosed that it had made a slight downward adjustment to its year-end forecasts, stating that it now sees inflation reaching 17.4 per cent in December, down from a previous forecast of 18 per cent.

“We stress however, that our inflation forecasts do not yet factor in the possibility that electricity tariffs increases might be reversed following a court ruling last week. We published a note showing that electricity tariff increases appear to have played a big part in the rise in inflation over recent months and any reversal might see inflation head lower, if and when tariff increases are excluded from the price basket calculations.

“If lower tariffs were incorporated into July’s inflation numbers for instance, we would expect inflation to fall below 14 per cent for the month.

“The National Energy Regulatory Commission is reportedly appealing the decision and we are therefore holding off from adjusting our inflation forecasts until there is more clarity on when and if the tariff increases are in fact overturned,” the report added.

NAIRA SETTLES AT N292.15/$ AS DEALERS LIMIT SPREAD ON OFFERS decision to allow market forces to determine the exchange rate was a big step for the country.

Cameron described it as an important sign of regulatory maturity on the part of the CBN. “The effect may not be immediate, but we think this is a necessary step to restoring confidence in the FX regime, and attracting investment of all kinds back to Nigeria,” he added.

Also, research analyst at FXTM, Lukman Otunuga, said the elevated concerns over a potential technical recession in Nigeria might have forced the CBN to relinquish its stealth peg to truly allow the naira to be market-determined.

“Since June, there have been growing speculations over the CBN’s interventions, which simply repelled foreign investors, consequently pressuring the economy further. This development simply added to the repeatedly depressed oil prices and declining oil production from renewed militancy, which noticeably soured sentiment towards the Nigerian economy.

“Although there may be concerns of inflation spiralling

out of control as the naira finds its true value in the short term, this could be the first true step for the nation to shield itself from external risks. With the parallel and official markets potentially closing the gap as the naira flee-floats, liquidity could increase as investors send their dollars to the market,” he added.

But as the naira firmed up at yesterday’s trade, the Consumer Price Index (CPI), which measures inflation, rose by 0.9 per cent to an 11-year high of 16.5 per cent in June compared to 15.6 per cent in May, according to the National Bureau of Statistics (NBS). This was the fifth consecutive month that the headline index rose.

The increase in the month under review was attributed to energy prices, imported items and related products, which continued to be persistent drivers of the core sub-index.

According to the CPI figures for June, which was released yesterday by the NBS, the highest price increases were noticed in the electricity, liquid fuel (kerosene), furniture and furnishings, passenger transport by road, and fuels

and lubricants for personal transport equipment.

The NBS stated that while imported foods continued to increase at a faster pace, the food sub-index on the aggregate increased, albeit at a slower pace in June relative to May as the index increased by 15.3 per cent (year-on-year) in June up by 0.4 per cent from the rates recorded in May. However, it stressed that the sub-food index was weighted upon by a slower increase in the vegetables and sugar, jam, honey, chocolate and confectionery groups.

“Month-on-month, the headline index has moved in a sideways fashion since February, the first month of a pronounced increase in rates this year.

“Specifically in June, the index increased by 1.7 per cent, lower by roughly 100 basis points from rates recorded in May,” the NBS stated.

It further explained that the corresponding 12-month year-on-year average percentage change for urban inflation increased from 11.2 per cent in May to 11.9 per cent in June, while the corresponding rural

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TUESDAY JULY 19, 2016 • T H I S D AY

NEWS

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

Remi Tinubu Writes IG, Seeks Police Protection from Melaye I have moved on, Kogi senator tells Tinubu

Omololu Ogunmade in Abuja The senator representing Lagos Central senatorial district, Oluremi Tinubu, has written the acting Inspector General of Police (IG), Ibrahim Idris, urging him to provide her with police officers for protection against possible assault from Senator Dino Melaye.

In the letter dated July 18, 2016 which he personally signed, Tinubu explained that the request had become imperative in view of the threat issued by Melaye to her during the Senate’s executive session on July 14, 2016.

The four-paragraph letter by Tinubu to the acting IG read: “I am Senator Oluremi Tinubu, representing Lagos Central senatorial district of the Federal

Republic of Nigeria.

“During the proceedings of the Senate on July 14, 2016, I had cause to contribute to a matter of national importance.

Apparently dissatisfied with my contributions, Senator Dino Melaye threw cautions to the winds, resorted to vulgar abuse of my person and wanted to assault me.

“It was the timely intervention of a number of colleagues, which prevented Melaye from unleashing physical attack on me. However, as the leadership of the Senate did not call him to order in the circumstance, he proceeded to threaten my life without any provocation whatsoever.

“In view of Melaye’s antecedents, particularly in the

Plateau Traditional Ruler, Bodyguard, Driver Murdered by Suspected Herdsmen Seriki Adinoyi in Jos

The Saf Ron Kulere, the traditional ruler of Bokkos and Chairman, Bokkos Traditional Council in Bokkos Local Government Area of Plateau State, Lazarus Agai, was yesterday murdered in his home village of Sha by suspected Fulani gunmen.

Bokkos is the ancestral home of former governor of the state and senator representing Plateau Central district, Chief Joshua Dariye.

The monarch was reportedly murdered with his aides by the gunmen on their way from the farm where they had gone to supervise hired labourers working for the monarch in his farm.

The Police Public Relations Officer (PPRO) of the state, Tyopev Terna, and member representing Bokkos Constituency in the state House of Assembly, Mr. Sunday Muchen, who confirmed the killings described it as dastardly.

The police command in the state said it was doing everything to unravel the killers and to bring them to book.

While appealing to the people of the area to remain calm and allow security operatives to do their job, Muchen however, described the murder of chief as ruthless.

The development has raised fresh agitation against the proposed grazing reserve in the state.

FG to Inaugurate AbujaKaduna Rail Project July 26 The Minister of Transportation, Mr. Chibuike Amaechi, said yesterday that the AbujaKaduna rail project would be inaugurated on July 26 at Idu, Abuja.

Amaechi made this known this in an interview with journalists in Abuja.

He said free test-run service started in June while awaiting the approval of President Muhammadu Buhari.

The minister, however, said after the official launch on July 26, commercial services would start immediately.

“The president has approved 26 of this month for the official launching of the project and we have agreed that before the inauguration, we will visit the place.

“So, the final inspection will be on July 21, 2016,” he said.

The News Agency of Nigeria (NAN) reported that four coaches with a passenger capacity of 380 are currently on ground to convey travellers from Idu to Kaduna.

Meanwhile, Amaechi has said the federal government is repositioning the Nigeria Maritime and Security Agency (NIMASA) so as to bring about effective performance in the agency.

He disclosed this yesterday in Abuja when he received the Ministerial Committee on NIMASA for Restructuring and Effective Performance led by its Director General, Dr Dakuku Peterside.

Amaechi also explained that when repositioned, NIMASA would generate more income for government and improve on quality service delivery.

Women’s group prorests Melaye’s action

House of Representatives where a brawl led by him had led to the untimely death of a member, I have decided not to ignore his threat to my life. Therefore, I am compelled to urge you to use your good offices to provide me with adequate security.”

However, Melaye who is Chairman, Senate Committee on the Federal Capital Territory (FCT), has told Tinubu and their party, All Progressive Congress (APC), that great minds do not dwell on issues, but act and move on.

According to him, it would amount to waste of time and energy to continue with the action as he has acted and the next thing to do as a great man, would be to move on.

Speaking last night, Melaye said: “Great minds don’t dwell on issues, they act and move on. I have moved on.”

Meanwhile, Scores of women under the aegis of Concern

Group yesterday staged a peaceful protest in Lagos where they condemned in strong terms the verbal attack on the senator representing Lagos Central in the Senate, Tinubu, by her colleague from Kogi West senatorial district, Melaye.

The women, drawn from the three senatorial districts in Lagos State, said they were shocked and saddened by the derogatory attack of Melaye against Tinubu during the closed-door session of the Senate on July 12 where he (Melaye) allegedly threatened to beat up and impregnate Tinubu.

The protesters, who displayed placards of various inscription such as ‘Melaye, Senate is not your father’s house; Dino, leave Tinubu alone; We say no to violence against women; Women folks stand up against Dino,’ among others, said Melaye’s action was not only highly condemnable and disgraceful but also disgusting, irritating,

shameful and most embarrassing to the collective psyche of not only the women folks but to the entire nation.

They added that the o reactions to the disgraceful action of the Kogi State senator was a testament to the fact that such action was unbecoming of a senator.

While delivering a protest letter to the Governor of Lagos State, Mr. Akinwunmi Ambode, at the Lagos House in Alausa for onward transmission to President Muhammadu Buhari, leader of the group, Mrs. Anike Adekanye, said with the development, Melaye had exhibited convincingly that he lacked the “poise, panache, fitness and minimum character to occupy a seat among sane, revered and distinguished men and women in the hallowed chamber of the sacrosanct Nigeria Senate.”

According to Adekanye,

“Melaye’s uncouth and unguarded vituperation towards Tinubu have not only brought unquantifiable shame to himself and Kogi West, but also to the Senate and the entire country.

“On this note, we the Concern Group condemned in very strong term Melaye’s assault on Tinubu and therefore call on him to tender unreserved public apology to the Senate and more importantly to her person and the entire Nigerians which he has brought into great disrepute.”

The group urged President Buhari to direct relevant security agencies to institute criminal action against Melaye should he fail to apologise within an acceptable time frame to serve as deterrent to others as well as send strong signal to young people who may have erroneously viewed Melaye’s “disgraceful action” as an ideal conduct in a sane and civilised society.

WE ARE VERY MUCH ON COURSE

L-R: Former Vice-President, Alhaji Atiku Abubakar; the Deputy National Chairman, All Progressives Congress (APC), Shuaib Lawal; and National Chairman of the party, Chief John Odigie-Oyegun, when the former vice-president visited the national headquarters of the APC in Abuja....yesterday

Hadiza Bala Usman Assumes Duty,Vows to Make NPA Model Agency Eromosele Abiodun

The new Managing Director of the Nigerian Ports Authority (NPA), Ms. Hadiza Bala Usman, yesterday formerly assumed office promising to overhaul and make NPA a model government agency.

President Muhammadu Buhari had in a bid to revive the NPA last week appointed Usman as the new NPA managing director, making her the first female chief executive of a top tier federal government agency and of the NPA. She took over from Alhaji Habib Abdullahi, who was reinstated by Buhari in August 2015 as the managing director of NPA, after he was sacked by former President Goodluck Jonathan in April 2015.

Speaking at the handover ceremony to the new

management team at the agency’s Head Office in Marina, Lagos, she said the country expects much from the NPA. According to her, “Our ports are a critical artery of the economy, and it is our duty to ensure that the operators deliver port services at the standards that our businesses deserve in the 21st century in supporting President Buhari’s administration agenda of economic diversity. We will strive for enhanced operating efficiencies to facilitate improved revenue generation and inflows into the national treasury.

“We will listen to our customers, importers, exporters and other agencies working in the Ports to improve on our service delivery to the nation, anything less than world-class services is simply not acceptable, as attaining such heights is a

mission to which I am certain we can all subscribe.”

She added: “As a team leader, I have come to add my best efforts to yours so that we can collectively achieve results for our industry. We must work as a team, pursuing common goals with professionalism and diligence. We shall prioritise investment in primary equipment and infrastructure and services committed to

by NPA in the concession agreements to hasten clearance of imports and exports from the ports. As we collaborate in the best traditions of public service, I believe that with commitment and diligence our hard work can position NPA as a model agency.”

To function as effective regulators, the NPA boss stressed that all staff of NPA must commit to the highest

standards of performance and cohesion.

“Let us all uphold the most diligent work ethic, in our individual beats as well as in the collective undertakings required to achieve results. Everyone at the NPA has a role in promoting best practice, in upholding governance standards and in delivering quality services. We will work hard, with integrity and with zero-tolerance for corruption.

“As the new management settles down, we will be listening to your concerns and suggestions as we navigate the best options for effectively discharging the NPA’s mandate. But we will not shirk our responsibility to provide the leadership to improve the NPA. I hope that we will do it together,” Usman stated.

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NEWS

Makarfi Must Leave for Peace to Reign, Sheriff Insists Kashamu: It’s time to surrender

Onyebuchi Ezigbo in Abuja The former National Chairman of the Peoples Democratic Party (PDP), Senator Ali Modu Sheriff, has said the only condition to end the crisis in the party is to dissolve the Senator Ahmed Makarfi-led national caretaker committee.

Sheriff maintained his position that the appointment of the national caretaker committee at the Port Harcourt convention was illegal and unknown to the PDP constitution.

Sheriff’s defiance came just as his political ally and one of the leaders of the South-west

PDP, Senator Buruji Kashamu, advised him to sheath his sword and join hands with the national caretaker committee in the process of organising fresh national convention.

However, Sheriff who spoke yesterday when a delegation of PDP members from the 17 local governments area of Abia State paid him a solidarity visit, said part of the terms of reconciliation is for a fresh national convention to be held in the Federal Capital Territory (FCT), Abuja rather than Port Harcourt.

He also suggested the formation of a harmonised convention committee with 10

Arase Denies Carting away 24 Cars, Says Acting IG Never Notified Him Chiemelie Ezeobi The immediate past Inspector General of Police (IG), Solomon Arase, yesterday denied taking away 24 police vehicles from the Nigeria Police Force Headquarters in Abuja, as alleged by his successor, Ibrahim Idris.

Arase, who said he travelled a week after his disengagement from service to London for his son’s graduation, was reacting to allegations that he made away with 24 vehicles including two BMW seven series cars.

While stating that his successor could have simply called him or sent him a text for clarification rather than briefing the media, he said all documentation about police properties were contained in his handover notes.

He said: “Every information needed by my successor on vehicles bought by the police are in my hand-over notes. All vehicles bought by the police

under me were distributed to the state commands and other appropriate units of the force.”

Meanwhile, Arase also denied getting any letter from Idris, adding that even though he travelled out of the country, he would have been alerted if any letter sent to his residence in Nigeria.

He said: “I suspect there must be a disconnect somewhere because every information needed by my successor is provided in my hand-over notes.

“I am also not aware that any letter was written to me because if there was any dropped in my house, someone would have alerted me.

“It is unfortunate that this matter is being made a media issue because my successor has my telephone number and could have called me for any clarification or even sent me a text message rather than addressing the media on an issue well documented in my hand-over notes.”

members each from his group and the Makarfi committee.

Sheriff said he was approached for reconciliation by the PDP governors from the North-east, including Darius Isiaku of Taraba and Ibrahim Dankwambo of Gombe but that he told the peace meeting that unless the Makarfi-committee is sacked there will be no truce outside the court.

“Yes we have met and issues were discussed but all the issues I put forward to them was for the Makarfi Caretaker Committee to resign. Since it is an aberration as far as our party constitution is concerned. I told them that I am not ready to be a permanent chairman but I want the party to be placed in proper stead.

“If he resigns tomorrow, I will ask the members of my NWC whose tenure still lasts till 2018 including myself to set up a convention committee in Abuja and put respected members as members of the committee,” he said.

Sheriff said beside the resignation of Makarfi, he must be allowed to nominate the

chairman and 10 others into the new convention committee.

“In that convention, I will give away my mandate that does not expire until 2018 and I remain the national chairman of this party until 2018. If the leaders of our party felt that we can find a solution without exhausting the court then I am open to it we can find a political solution.

“Nothing like that has been reported. If you do not stand on the truth, the end result will be a serious distraction. The convention committee that we will do I. Will nominate the chairman 10 people and Makarfi group will present 10 people and plan a convention that will take place in Abuja.

“I will give up my tenure if people believe that I was doing that for myself. I said Makarfi committee must resign, the party does not believe in it. If I go to the convention and say that I don’t want to continue to 2018, it is okay, that in the sight of law is allowed but as it is now, I remain the chairman till 2018.

“I have given the people opportunity to see that Sheriff is not the problem. The problem

is that some people want to make the party their personal property.

And that will not happen under Sheriff.

But a key ally of the embattled former national chairman, and one of the PDP leaders from South-west, Kashamu, yesterday asked Sheriff to stop further resistance and support the efforts at reconciliation so that the party can move forward.

“One thing I took away from the many reconciliation meetings and diplomatic shuttles is the fact that the PDP is blessed with many good leaders among who are Makarfi and Modu Sheriff.

Therefore, I can only plead with our great leader, Sheriff, who has been hurt, to soft-pedal and let go in the interest of the party and our teeming members. He has shown that he is a principled man and a courageous person,” he said Also, Buruji who was until last week a strong ally of Sheriff, said since the former Borno governor and Senator Makarfi have said they are not interested in contesting for the office of national chairman of the party at

the national convention, Sheriff should encourage all his people to participate in the rescheduled national convention.

On the comments credited to Dr. Cairo Ojougboh to the effect that the cases in court would be pursued till the end, Buruji cautioned against fuelling the crisis further.

Buruji, who gave reasons for his recent rapprochement and support for the resolution of the leadership crisis in the party, said his grouse was that he was not carried along in the decisions to sack Sheriff.

“It has become necessary for me to make a few clarifications and offer some insights into where we are. Let me clarify that no one has dumped anyone.

We are members of the same party. When I was asked by our leaders to support our revered national leader, Senator Sheriff, as the National Chairman, none of the leaders told me that they had changed their mind. Therefore, my support was to maintain the dignity and respect for the office of the National Chairman,” he said.

COMING TOGETHER AGAINST CORRUPTION

L-R: Chief Justice of Nigeria, Justice Mahmud Mohammed; President Muhammadu Buhari; Chairman of the Presidential Advisory Committee on Corruption, Professor Itse Sagay; Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami; President Commonwealth Judges and Magistrate Association, Canada, Justice John Vertes; and others at the opening of a workshop for judges on anti-corruption in Abuja....yesterday GODWIN OMOIGUI

Kidnapped Iba Monarch Militancy: Niger Delta Coalition Says Only Buhari Still Alive, Say Lagos Police Acceptable to Chair Peace Dialogue Chiemelie Ezeobi implementing our strategies Barely three days after the traditional ruler of Iba Community, Oba Yushau Goriola Oseni, was kidnapped from his palace and his wife shot, the Lagos State Police Command, yesterday debunked claims that he had been killed.

Speaking with journalists at the command headquarters in Ikeja, spokesperson of the Command, Dolapo Badmos, said the abducted monarch is still alive in the hands of his captors.

While noting that security agencies were working assiduously to ensure the traditional ruler is released unhurt, she expressed optimism that he would soon be rescued.

She said: “We are

which we cannot make public but note that security agencies are working day and night to ensure the monarch is released without harm.

“We have not established contact with the abductors but I can assure you that the monarch is alive.”

Meanwhile, the Lagos State Government yesterday assured residents of the state that it was working hard in conjunction with other security agencies to address the recent cases of kidnapping and armed robberies in some parts of the state.

This is just as it disclosed that security intelligence has revealed useful leads towards identifying notorious syndicates behind the heinous crimes and their accomplices.

Calls for release of 10 secondary school children, other prisoners-of-war

Chiemelie Ezeobi As the issue of militancy continues to cripple the nation’s economy due to the destruction of oil and gas pipelines, the United Niger Delta Energy Development Security Strategy (UNDEDSS), the region’s coalition of ethnic nationalities and civil societies, yesterday said only President Muhammadu Buhari can chair the peace dialogue.

This is against the different calls from Niger Delta groups and militants that some members of the society chair the dialogue for peace between the federal government and the region.

Imploring the president to revive the now-comatose platform of the

holistic 2009 Amnesty Dynamic that late President Umaru Musa Yar’Adua deployed, the coalition said it was the only way to stem the tide of the dangerously imploding reality of armed agitation in the Niger Delta.

The coalition also called for the release of 10 secondary school children and others detained as prisoners-of-war, who they said have been in detention many weeks after the military’s invasion of Gbaramatu Kingdom.

In the statement signed by UNDEDSS Secretary General, Mr. Tony Iprinye Uranta, the coalition urged the federal government to adopt the successful Yar’Adua template of 2009, by appointing a credible special adviser on the

region and re-establishing the Niger Delta Committee/Council that operated five sub-committees to holistically and sustainably address the challenges identified in the region.

The statement read in part: “UNDEDSS and other leading stakeholders in the region have tirelessly interfaced with very senior members of this administration and given them a detailed template the president should deploy now to resolve this growing insecurity in the region, which is negatively impacting all of Nigeria.

“In the light of the conflicting statements being made by too many putative representatives of both the region and the federal government”, continues the UNDEDSS Scribe, it is

necessary, however, to state that the Niger Delta is not going to know sustainable peace via the coterie of so-called Contact Groups or Committees.

“And, that there cannot be any reliable dialogue, between the federal government and the region, without a commitment to justice and equity by President Buhari himself.”

While reiterating that all the federal government needs to do is adopt what the 2008 Niger Delta Technical Committee’s Report advises, UNDEDSS listed immediate actions the federal government can commence, towards reassuring the Niger Delta of its sincere commitment to justice and equity.

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NEWS

Dogara: House Can No Longer Wait for Executive on PIB

Legislature to go ahead with deliberation, passage of existing version

Damilola Oyedele in Abuja The Speaker of the House of Representatives, Yakubu Dogara, yesterday said the federal lawmakers would no longer wait for the executive arm of government (presidency) to send to it a fresh version of the Petroleum Industry Bill (PIB) for deliberation and passage, adding that it would now go ahead to consider and pass the existing version of the bill it has in its possession.

Dogara also said over the years, the country’s petroleum sector had operated in favour of its elite to the detriment of other citizens.

He stated that the House was determined to change this with reform laws like the PIB. The speaker said these at the occasion of the National Assembly stakeholders’ summit on petroleum industry reform in Abuja.

The summit was organised by the House Committee on Petroleum.

“I have at least three different occasions publicly requested the executive to as

a matter of urgency send an executive bill on its intended reforms in the petroleum sector.

“We had hoped to avoid the situation in the past two assemblies (6th and 7th) where the PIB was sent to the National Assembly very late in its tenure thereby guaranteeing failure to pass the bills.

“In the absence of an executive bill on the matter, two private member’s bills have now been introduced. We urge participants to familiarise themselves with these bills and make necessary inputs at the public hearing stage of the bills,” said Dogara.

He spoke at the summit, saying: “We also hope that this summit will craft its own version of the PIB for the attention of the National Assembly, taking into consideration all the existing drafts and also the pending bills.

“In this regard, therefore, I wish to correct the erroneous impression in the media that there is a pending executive bill on PIB on the floor of the National Assembly,” the speaker added.

He explained that the country’s oil sector has over the years performed badly and the House was going to put in place laws to make it work for all citizens of the country.

“Over the years, Nigeria has performed worse than sub-Saharan Africa as a whole and worse than other regions of the developing world, in terms of human development indicators, to the extent that it is regarded as a foster child for ‘how not to run a petroleum industry.’

“The intention of the House of Representatives is to revisit the process of petroleum industry reform, and work towards the successful enactment of laws that will regulate the Nigerian petroleum industry in accordance with the rule of law, good governance, and due process, for the sustainable development of Nigerians and the total advancement of the Federal Republic of Nigeria,” he stated.

According to him, “It is our conviction that the reform of the petroleum industry is a vital necessity if Nigeria

Severe Fuel Scarcity Affects Arik Flight Operations Chinedu Eze Nigeria’s major carrier, Arik Air, has announced that it is grappling with flight schedule disruptions due to the severe scarcity of aviation fuel, known as Jet A1 across the country.

The airline said since the beginning of this year, Nigeria has been grappling with inadequate supply of aviation fuel, leading in most cases to severe shortage of the product and consequently the disruption of flight operations.

“For the past week, the airline had to face another round of aviation fuel scarcity which got worse over last weekend leading to many flight delays and cancellations,” the airline said in a statement signed by its spokesman, Adebanji Ola. Arik said it operates an average of 120 flights daily which require about 500,000 litres of fuel daily due to the large number of domestic and international flights it operates, so it is the most impacted by the inability of oil marketers to meet its daily fuel requirements on a timely and consistent basis.

“This has forced the airline to postpone flights while waiting for the fuel marketers to source and deliver the product. On many occasions, despite all efforts in engaging the marketers if fuel could not be sourced, the flights may eventually be cancelled causing not only revenue loss for the airline but also inconveniencing or stranding the passengers.

“Arik Air has identified supply and infrastructural challenges of the marketers

as some of the key factors responsible for the epileptic supply of aviation fuel. At the root of the fuel supply crisis is low stock due to the inability of marketers to source for the foreign exchange to import more Jet A1 fuel into the country,” the airline said.

It also pointed out that there is also a distribution challenge as the discharging of vessels bringing Jet A1 and other petroleum products are done in the same jetty and loading various trucks for distribution to cities like Kano or Abuja takes considerable effort and time.

“The situation in the North is even more difficult since the product takes longer to be delivered due to the trucking distance. Oil marketers have also resorted to trucking of aviation fuel to the airports because hydrants are not consistently

available at the airports,” the airline said.

However, Arik has disclosed that it is working on a longer term plan which would be finalised in the coming months to mitigate this situation and to be in a better position to address such supply shortages and delays.

“While the federal government and oil marketers are working hard to address the supply and distribution challenges, we appeal to our guests to bear with us as they may experience flights delays and cancelations because of the prevailing scarcity of aviation fuel across the country,” it said.

But marketers have assured stakeholders that the situation would improve this week as they are expecting delivery of additional stock.

is to realise its God-given potential.

“While not downplaying the critical and inescapable need for diversification, for a country that depends largely on revenues from petroleum industry, there is no alternative to reform.”

He said in his charge to members of the committee: “You have been invited to play a pivotal role in this important national stakeholders summit on petroleum industry reform in Nigeria.

“It is hoped that this summit will be a forum for frank and open discussions on the state of Nigeria’s petroleum industry, and the way to ensure successful legislative reform through the passage of bills that provide the optimal legal framework, in alignment with principles of good governance and transparency.

“It was the most celebrated English Judge of the 20th century and master of Rolls, Lord Denning, who said ‘You cannot place something on nothing and expect it to stand’.

In the same vein, one cannot place something heavy on a

weak base and expect it to stand.”

According to Dogara: “For many years, we have placed our petroleum industry on laws that are not in tune with today’s realities and completely out of sync with international standards and best practices. We have hoped against all hope that the systemic failure in the sector will somehow be fixed by extant laws which are grossly inadequate.

“Our hopes did not materialise and there can be no holding back in our quest to sanitise the petroleum sector through effective, efficient and effectual legislation.

“There is no gain saying that laws set the proper foundation for a functional society. So, a defective or inadequate legislation is akin to building a house on a shaky foundation with the expectation that it

Cont’d on Pg 39

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COMMENT

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

THE FUTURE OF AFRICA

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The continent’s future is in the hands of its youths - if given their basic needs, argues Bill Gates

he first time I spoke with Nelson Mandela was in 1994, when he called to ask me to help fund South Africa’s first multiracial election. It’s not every day that Nelson Mandela calls, so I remember it well. I was running Microsoft at the time and thinking about software most of my waking hours. But I admired Nelson Mandela, I knew the election was historic, and I did what I could to help.

I had been to Africa for the first time just the year before, when my wife, Melinda, and I travelled in East Africa on vacation. Obviously, we knew parts of Africa were very poor, but being on the continent turned what had been an abstraction into an injustice we could not ignore.

Faced with such glaring inequity, we started thinking about how we could use our resources to make a difference. Within a few years, we established our foundation. It was when I started coming to Africa regularly for the foundation that I came to know Nelson Mandela personally. He was both an advisor and an inspiration.

One topic that Nelson Mandela came back to over and over again in his lifetime was the power of youth. I agree with Mandela about young people, and that is one reason I’m optimistic about the future of Africa.

Demographically, Africa is the world’s youngest continent, and its youth can be the source of a special dynamism.

Economists talk about the demographic dividend and the potential for Africa’s burgeoning youth population to accelerate economic growth.

But for me, the most important thing about young people is the way their minds work. Young people are better than old people at driving innovation, because they are not locked in by the limits of the past. I was 19 when I founded Microsoft. Steve Jobs was 21 when he started Apple.

Mark Zuckerberg was 19 when he created Facebook.

So I’m inspired by the young African entrepreneurs driving startup booms in the Silicon Savannahs from Johannesburg and Cape Town to Lagos and Nairobi.

The real returns, though, will come if we can multiply this talent for innovation by the whole of Africa’s growing youth population. To make that a reality, all of Africa’s young people must have the opportunity to thrive.

If we invest in the right things—if we make sure the basic needs of Africa’s young people are taken care of—then they can change the future and life on this continent will improve faster than it ever has.

In my view, there are four things that will determine Africa’s future: health and nutrition, education, economic opportunity, and good governance.

When people aren’t healthy, they can’t turn their attention to things like education, working and raising a family. Conversely, when health improves, life improves by every measure.

I’m especially concerned about HIV. Africa’s youngest generation are entering the age when they are most at risk of HIV. We need to get more

GOVERNMENTS NEED TO INVEST IN HIGHQUALITY PUBLIC UNIVERSITIES FOR THE LARGEST NUMBER OF QUALIFIED STUDENTS TO LAUNCH THE NEXT GENERATION OF SCIENTISTS, ENTREPRENEURS, EDUCATORS, AND GOVERNMENT LEADERS

out of the HIV prevention methods we have now –while developing better solutions like an effective vaccine and easier-to-use medicines that people are more likely to use consistently.

Nutrition is another critical area of focus for Africa. Malnutrition and micronutrient deficiencies rob millions of the continent’s children of their physical and cognitive potential. Fortunately, there are cost-effective solutions like making sure mothers breastfeed their infants, enriching cooking oil, sugar, and flour with important vitamins and minerals, and breeding staple crops to maximise their nutritional content. We need to make sure the people most at risk know about and have access to these solutions.

Second, we need new thinking and new tools to make sure a high-quality education is available to every child. Educational technology using mobile phones has the potential to help students build foundational skills while giving teachers better feedback and support at the touch of a button. Governments also need to invest in high-quality public universities for the largest number of qualified students to launch the next generation of scientists, entrepreneurs, educators, and government leaders.

Third, we need to create economic opportunities to channel the energy and ideas of Africa’s youth. Through the Comprehensive Africa Agriculture Development Programme, countries have a framework for transforming agriculture from a struggle for survival into a thriving business opportunity. But the investment needs to follow, so that young Africans have the means to create the thriving agriculture they envision.

Africa also needs more electrical power to increase productivity.

In East Africa especially, governments should invest in hydro and geothermal sources of energy, which are both reliable and renewable, as soon as possible. The immediate priority is for governments to get tougher about managing their electrical grids so they’re producing as much power as possible.

Fourth, countries can benefit from enhancing fiscal governance.

Advances in digital technology is one way that governments can deliver services more efficiently.

It’s clear to everyone how big and complicated the challenges are.

But Africa has proven its resilience and ingenuity time and again, and there are millions of people, especially young people, who are eager to get to work.

The future depends on the people of Africa working together to lay a foundation so that Africa’s young people have the opportunities they deserve. This is the future that Nelson Mandela dreamed of and it’s the future that the youth of Africa deserve.

Excerpts on speech by Bill Gates at the 14th Nelson Mandela Annual Lecture in Pretoria

HADIZA USMAN AND THE NIGERIAN MENTALITY

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Abdulrafiu Lawal reckons the appointment of Hadiza Usman as NPA boss is well deserved

hen THISDAY newspaper on July 12, 2016, broke the news of Hadiza Bala Usman, then chief of staff to Governor Nasir El-Rufai was being considered

by President Buhari to head the Nigerian Ports Authority (NPA) based on the recommendation of Rotimi Amaechi, the Minister of Transportation, I was happy and optimistic for three reasons. I felt Buhari has finally seen reason to do the needful by bringing more young people on board, that the Nigerian project under the change mantra was on course and most importantly, Nigeria is moving away from ethnic politics. That an Ikwerre man is now recommending a Hausa woman to the president for a very sensitive and tedious national assignment is gratifying. This is because the Buhari cabinet has been bogged down by criticism of having too many ‘’dead woods’’ in its fold. This according to critics is because some of the ministers are too old to cope with the demands of governance in a digital age. Secondly, some of them have been part of past governments that have taken the nation to its present state where Nigeria is still learning to crawl at 56.

Few hours later, her appointment was confirmed by the federal government. I am at a loss why some Nigerians have continued to criticise Usman’s appointment on the basis of where she comes from. It is gratifying that no one to the best of my knowledge has talked about her capacity to do the job. This to me should be the focal point. Her appointment signifies a paradigm shift by government and a ray of hope for our generation that the much talked leaders of tomorrow slogan of many years is finally materialising. The NPA is also too strategic in these lean times to be left in the hands of some political godfathers who consider juicy appointments their birth’s right.

I believe her critics are missing the point. The founding fathers of Nigeria have always stressed the need for us to emphasise issues that bind us together rather than those that divide us. The question is should Hadiza Bala Usman reposition NPA in the next 24 months and up its revenue base just like Hammed Ali has done for the Nigerian Customs, will the money go to Northern Nigeria or the Federation Account? It is an undisputed fact that our infrastructure have gone so bad that one will think there is no government in place to fix things. This is why many Nigerians have become their own government fixing their roads, drilling boreholes for their homes in the absence of public water supply, paying vigilante watch to guard their houses due to inefficiency of the Nigeria Police and relying on generators as an alternative to the Disco’s ‘’festival of darkness’’. All these challenges underscore the fact that the system is not working due to weak institutions. I see a new NPA as a partial step towards ending budget deficit that has become Nigeria’s middle name in the last few years.

I guess this is what the president had in mind when he accepted Amaechi’s recommendation. Then, why the issue of where she comes from? I believe many years of nepotism has so much blinded some us that we find it difficult to see the larger picture in any situation. Any attempt to talk about her state of origin amounts to throwing away the baby with the bath water. It is unprecedented for an average Nigerian to recommend someone outside his/ her ethnic stock for sensitive political appointment.

Rotimi Amaechi could have used his position by recommending someone from Rivers State and the candidate will still scale through. He chose merit over ethnic solidarity and political patronage.

I have lived in the Commonwealth of Massachusetts on the East Coast of the United States for the past six years where I went to graduate school. I

have never experienced power failure for a second, driven on a road ridden with potholes neither has my tap run dry. The power supply in my house is supplied by a company popular on the East Coast called National Grid. I have never thought or heard someone raising the issue of where the Chief Executive of National Grid should come from. Or whether he is black, African American or Hispanic?

This is because it is irrelevant as what matters is service delivery and people knowing that they have a government that is caring and responsible. What has made the United States great is the focus on what one is bringing to the table, rather than his colour of skin or state of origin. Why can’t we begin to have a civilised conversation about how to move this country forward without bringing ethnicity or religion?

Since my sojourn in the US, I have been to Nigeria over a dozen times especially in the last two years. One thing that makes me sick is the epileptic power supply as someone who has an aversion for generators. I also pity people who do business in Nigeria due to the high cost of powering generators and double taxation. Why then should we rubbish a bold attempt to move the nation away from its sordid past? There is the need for us to do away with this Nigerian mentality that makes us look at things as Igbo, Yoruba, Hausa or Idoma. This mentality has done so much damage to our psyche that Nigeria is today more divided than we were during the civil war. I have never been a fan of federal character or quota system. It is responsible for the rot in the civil service today that a barber or welder gets the job of a permanent secretary without having the requisite experience to do the job.

I have never met Hadiza Bala Usman, but only read about her at the early stages of Bring Back Our Girls Group (BBOG) and her stint as Chief of Staff

of ‘’Chief Feather Ruffler’ of Kaduna State, Nasir El-Rufai. I see her as someone with vision. Hence, I do not care where she comes from, knowing what transpired at the NPA during the Goodluck Jonathan years. All that I care about is the repositioning of this strategic parastatal for improved revenue generation, as a place where every Nigerian will be proud of. On the other hand, I never met her late father, Bala Usman either, but was opportuned to be at an event where he presented a paper at one of the Northern states some years back. I had to go to the mini secretariat of the event organisers within the same premises to ask for a copy of Usman’s paper. As I entered the room, a Yoruba woman who was manning the computer told another young man who was making photocopies in Yoruba, “Can you imagine this Baba from Ahmadu Bello University, came with his return ticket, when other resource persons were waiting on government to pay for their flights. He is just too principled and honest that he never wants to take anything that is not for him’’. The young man beamed and said ‘’Olododo ni Baba yi’’. This means Dr Bala Usman is a man of integrity. I could see admiration and respect in the eyes of these two people while the conversation lasted. Inside me, I shared the same respect for Bala Usman’s conduct. It is a radical departure from the culture I know as a journalist where resource persons invited by governors bill upfront, regardless of how important is the presentation to the people and wanting their host to pay for everything including the polishing of their shoes. The import of this flashback is that in Hadiza I see her late father or what some call a chip of the old block. I see determination, courage and a change agent. Thus, she should be given a chance to justify the confidence reposed in her by President Buhari.

Lawal wrote from Boston, United States

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T H I S D AY • TUESDAY, JULY 19, 2016

EDITORIAL CHANGE OF GUARD IN THE UK

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The seamless transition of power in the United Kingdom holds lessons for Nigeria

rs. Theresa May became British Prime Minister last Wednesday after being appointed by Queen Elizabeth II, following the resignation of Mr. David Cameron. With that, May became the second female prime minister of Britain after the late Mrs Margaret Thatcher. Speaking after her meeting with the Queen, May promised that the government she leads would be driven not by the interests of the privileged few but by that of the ordinary British people. “We will do everything we can to give you more control over your lives,” she said. “When we take the big calls, we’ll think not of the powerful, but you. When we pass new laws we’ll listen not to the mighty, but to you. When it comes to taxes we’ll prioritise not the wealthy but you.”

True to her word, the 59-year-old conservative party leader hit the ground running by displaying the kind of competence we yearn for but hardly get in our climes.

WE HAVE A LOT TO LEARN Within 24 hours, the FROM THE EXPERIENCE OF prime minister had THE UNITED KINGDOM BUT unveiled her cabinet.

THE QUICK TAKEAWAY IS Even though she THAT PUBLIC SERVICE IS retained the maleALL ABOUT THE PEOPLE female ratio of 70 to 30 per cent in the cabinet, she also balanced the membership among those who backed “Remain”, and those who campaigned for Brexit. In fact, those who backed Brexit, which she opposed, have been given important cabinet positions while just four of those positions remained in the same hands: Defence Secretary, Michael Fallon; Health Secretary, Jeremy Hunt; Welsh Secretary, Alun Cairns and Scottish Secretary, David Mundell.

There are several lessons to learn from the seamless transition from Cameron to May in the United Kingdom, all of which testifies to the fact that their system works for the people. For instance, Cameron did not go to any tribunal, Appeal Court

Letters to the Editor

R

or Supreme Court to get a stay of execution or to overturn the Brexit referendum outcome. Cameron also did not blame the result of the referendum on some imaginary enemies of the nation or the antics of his opponents. He did not insist on buying up majority of the House of Commons or Lords to keep himself longer at Number 10 Downing Street.

He did not rush through some shady contracts or hurriedly appointed his cronies and kinsmen into plum government positions as a last minute act of power incumbency. And he did not wait for contractors to build for him a fortress befitting of a former British leader before leaving office.

I T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOLAJI ADEBIYI, JOSEph UShIGIALE 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

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAfE, ISRAEL IWEGBU, EMMANUEL EfENI, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OLUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDELIS ELEMA, MBAYILAN ANDOAKA, ANThONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEh ASSOCIATE DIRECTORS hENRY NWAChOKOR, SAhEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UChENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUhI GROUP HEAD fEMI TOLUfAShE ART DIRECTOR OChI OGBUAKU II DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO

nstead, Cameron accepted responsibility for floating a referendum that probably should not have taken place and quickly opted to quit. The microphones picked him up humming a happy tune as Theresa May was elected, indicating he could not wait to go on vacation. He has opted to get on with his life as a private citizen having made the contributions and mistakes to which his tenure entitled him. To the British and other mature and decent democracies, this may not be so remarkable, but for us in Nigeria, and indeed most of Africa, we must learn the lesson in basic democratic good manners.

From the results of the Brexit referendum to the announcement of the October resignation by Cameron to the actual resignation once a successor was known, certain things were paramount: respect for the people, a leader’s word being his bond, and the primacy of institutions. These are basic norms that we must imbibe if our country is ever to develop. But it will be difficult in a milieu where some senators still threaten to beat (and impregnate) colleagues in what ordinarily should be a hallowed chambers for making laws for the rest of the society.

For sure, we have a lot to learn from the experience of the United Kingdom but the quick takeaway is that public service is all about the people.

TO SEND EMAIL: first name.surname@thisdaylive.com

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.

AMAECHI, HADIZA BALA AND BUHARI’S GOVERNMENT

ecently, at a small private event, I overheard a very important figure in Nigerian politics and in the All Progressives Congress (APC), saying: “Amaechi is one of the very few people that Buhari will give whatever they want”. Curiosity pushed me to ask the bigwig why he said that. “Amaechi bravely went through the ‘Bermuda Triangle’ of Nigerian politics during the 2015 elections, and had the Peoples Democratic Party (PDP) won the elections, Amaechi’s story would have been better not told”, he replied.

If President Muhammadu Buhari will give Rotimi Amaechi, his Minister of Transportation, whatever he wants, reasons for this are definitely beyond just being brave and resolute during the 2015 elections – his doggedness in the pursuit of what he believes in and his sterling performance as Governor of Rivers State from 2007-2015. After all, President Muhammadu Buhari is known as a man who is never carried away by ‘flashes’ of politicking.

Curious to know more about some hidden attributes of Amaechi that endears him to Mr. President considering Buhari’s cautiousness in picking close political allies, I contacted few people in government. Some who know Amaechi and many that have followed and observed his way of doing things since his early political career as secretary of the now defunct National Republican Convention (NRC) in Ikwerre Local Government Area of Rivers State; Special Assistant to the Deputy Governor of Rivers State, Dr Peter Odili 1992-1994; Speaker, Rivers State House of Assembly 1999-2007 and to his becoming the governor of Rivers State through his determination in the pursuit of his case up to the Supreme Court.

Majority of them said Amaechi abhors injustice, loves quality leadership and always prefers putting the right people in the right jobs. Well, these qualities including Amaechi’s braveness before, during and after the 2015 elections must have been the ones that attract President Buhari to him.

The appointment of Hadiza Bala Usman as Managing Director of Nigerian Ports Authority (NPA) has generated some grumbles from few quarters - many suggesting that Hadiza was appointed because Amaechi and Governor El-Rufa’i are friends and President Buhari will always give the duo whatever they want.

Most people forgot that Hadiza Bala Usman is a young go-getter in a class of her own and, Buhari is man of thoroughness and operates in a style that operations research scientists call ‘System Thinking’- a serial approach to governance where each development sector is connected and will influence each other within a well-planned government. Amaechi’s recommendation of Hadiza is purely based on Buhari’s cardinal belief which Amaechi also shares- the need to bring on board young adventurers, silicon-valley-like-thinkers; men and women who can move the government at the speed of the imagination of most Nigerians; individuals whose sense of judgement is centered on the challenges of un-locking the future for ordinary Nigerians.

All the persons Amaechi recommended to President Buhari are individuals who know their onions and what is expected of them. They know they are called to rebuild a system that will shift governance away from the traditional method of concentrating on only ‘off-the-shelves’ way of improving our society. They will not saddle themselves with mundane issues; but would rather be team players who bring new and feasible ideas that will trigger development in all spheres of the society. These people will help put in place, systems that will bring dynamism into governance. Ameachi has proven to be one of those ministers that will make Buhari’s cabinet an engine-room to provide broad variety of services to Nigerians, ranging from health to industrial development, security, a sound legal system, and the provision of effective infrastructure; education system and human capital development.

Zayyad I. Muhammad Jimeta, Adamawa State

ELECTRICITY: NIGERIANS HAVE WON!

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he recent judgement by the Federal High Court in Lagos reversing the electricity tariff hike which was increased by the National Electricity Regulatory Commission (NERC), was a landmark judgement that has proven that justice may be delayed but never denied.

The NERC should understand that it cannot force its illegal and unpatriotic desires on or against Nigerians. It is unimaginable to think that Nigerians should be made to pay for electricity that they did not consume, more so at a higher rate. Electricity stakeholders should focus more on its major task which is to deliver adequate electricity to Nigerians and not to exploit them.

Charles Iyare, ANEEJ, Benin City

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T H I S D AY • TUESDAY, JULY 19, 2016

POLITICS

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

THE DISCOURSE

For PDP, the Storm Isn’t Over Yet While a recent meeting between the Ali Modu Sheriff and Ahmed Markafi factions of the Peoples Democratic Party had signaled an end to the hitherto intractable crisis plaguing the party, the sudden turn-around on the understanding reached at the peace parley by the Sheriff group however suggests that the crisis is far from being over, writes Onyebuchi Ezigbo

Mimiko, Makarfi, Ekweremadu, Sheriff and a PDP member at the reconciliation meeting

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t was a defining moment for the stakeholders of the Peoples Democratic Party (PDP) as the Independent National Electoral Commission (INEC) on Tuesday formally broke its silence on the crisis and controversy rocking the opposition party and recognised the leadership of the National Caretaker Committee led by Senator Ahmed Makarfi.

The decision on which of the leadership factions it would recognise became apparent following its acceptance of the candidate of the Makafi-led caretaker committee, Pastor Ize-Iyamu as the duly elected Edo State governorship candidate of the PDP. This action, thus, temporarily brought to an end, the raging controversy over which of the two contending factions (between Senator Makarfi and Senator Ali Modu Sheriff) can field candidates for elections.

Buoyed by that confidence-boosting pronouncement by INEC, the National Caretaker Committee immediately convened a caucus meeting, where leaders of the PDP from all sides of the divide resolved to hold fresh national convention on August 17 to elect new officers of the party. To cap it all, the Governor of Rivers State, Nyesom Wike was given another chance to host the make

As the party works a tight rope trying to shake off the leadership conflict that engulfed it following the coming of Senator Sheriff, another concern is already buildingup on the fate of the Makarfi-led caretaker and whether they will indeed relinquish their office as planned. But Senator Makarfi seemed to be aware of such fear and has assured that his committee will definitely keep to the time frame allotted

or mar national convention in Port Harcourt, the Rivers State capital.

One remarkable thing that happened at the national caucus meeting was the surprise appearance by a strong member of the Sheriffled group and a chieftain of the PDP from the South-west, Senator Buruji Kashamu, who stormed the venue to declare his support for the Senator Makarfi-led National Caretaker Committee.

While addressing journalists and other party stakeholders, who thronged the Shehu Yar’Adua Centre in Abuja, venue of the epochmaking caucus meeting, Chairman of the committee, Senator Makarfi said the party leaders had resolved to set aside the earlier zoning arrangements put together under the former national chairman.

He said since the party had resolved that its next presidential candidate in 2019 will come from the north, the leaders in their wisdom also agreed that the national chairmanship position will now be zoned to the south. According to Makarfi, caretaker committee will within the next 48 hours constitute a zoning committee to further handle the zoning of other national offices in line with the constitution of party.

Makarfi also said the meeting resolved to propose four different amendments to the

party’s constitution to align it with recent court judgments. And as the saying goes, “once beaten, twice shy”, PDP leaders did not need much prodding to unanimously agreed to amend the relevant sections of the party’s constitution in response to the recent court rulings, which voided the election of the former national chairman, Adamu Muazu in 2014.

Though the court came handy to help resolve the party’s self-inflicted leadership crisis by sacking the recalcitrant Senator Sheriff and his group from office, the leaders also saw the court ruling as something that would have been very embarrassing if it had succeeded in keeping the party out of the Edo State governorship election.

Speaking further on some of the resolutions reached at caucus meeting, Makarfi said the leaders considered and approved four amendments to the party’s constitution.

“We have also discussed and agreed on a new amendment to the constitution in view of recent court judgments in order to align the constitution to the judgments that have been delivered by court of competent jurisdictions.

Equally, we received reports of reconciliation.

You can see by yourself, our brother, friend CONT’D ON NEXT PAGE

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T H I S D AY • TUESDAY, JULY 19, 2016

POLITICS/ THE DISCOURSE F O R P D P, T H E S T O R M I S N ’ T O V E R Y E T and associate, Senator Buruji Kashamu.

“That is evidence of the reconciliation making progress and I can assure you that we will never foreclose full reconciliation with Senator Ali Modu Sheriff and other persons that may still be associated with him. What we want is an all-inclusive PDP – an equitable, fair and just system in the PDP, where the rights of everyone is protected and preserved.

“We equally have set up a special committee led by DSP Senator Ike Ekweremadu to further cement the reconciliation within the Southwest so that all issues that must have led to the division in the South-west would be resolved accordingly.”

On the issue of fresh zoning arrangement, Makarfi said: “We also discussed about zoning.

Within the next few days, a committee will be set up on zoning. The convention had set aside the previous zoning arrangement, so a new zoning arrangement has to be made.

We have agreed that with the next 48 hours, this committee should be put in place and given a week to come out with a new zoning arrangement.

“But of course, taking a cue from the decision taken at the Port Harcourt convention that the president will come from the north, of course, it is incontrovertible that the chairman of the party will come from the South and it will be open to all and not consigned to any geopolitical zone or state in the South.”

Basking in the euphoria of the apparent progress at reuniting the party, the chairman of the Board of Trustees of the PDP, Senator Walid Jubrin also told journalists that as part of efforts at reconciliation, he and some other leaders of the party spent the better part of Wednesday night and up till 4am on Thursday morning discussing peace with the embattled former national chairman, Senator Sheriff.

He reasoned that the fact that a member of the Sheriff’s camp and someone of Senator Buruji’s calibre has accepted to rejoin the mainstream PDP and support the caretaker committee is a clear sign that the crisis in the party was coming to an end.

“If you see Kashamu coming to our side fully, embracing our national caretaker committee, whatever this group says will be acceptable to him. We have been meeting with Sheriff. Even yesterday, we spent until 4am this morning.

And there is progress with Sheriff. He is a human being and I am sure he will follow suit.”

On the withdrawal of litigations in court and whether a lasting peace could be achieved before the August convention, Jibrin said: “What other kind of concession than for somebody to come on his own to announce that he is in support of the caretaker committee?

We have been meeting with Sheriff up till 4am this morning. At the appropriate time, Sheriff himself will be with us,” he said.

Among those who attended the meeting were governors Ayo Fayose (Ekiti), Nyesom Wike (Rivers), Ibrahim Dankwanbo (Gombe), Dairus Ishaku (Taraba), Dr. Olusegun Mimiko (Ondo), Deputy Senate President Ike Ekwerenmadu; Senators Andy Uba and Jonah Jang, Jerry Gana, Senator Adolph Wagbara, Tom Ikimi and Senator Atanatius Achaleonu.

Others were former Governor of Niger State, Babangida Aliyu, Okwesilieze Nwodo, Uche Secondus, Prof. Rufai Akali, Bode George, Ambassador Aminu Wali, Amassador Wilberforce Juta, Senator Buruji Kashamu and Senator Ibrahim Mantu.

As the party works a tight rope trying to shake off the leadership conflict that engulfed it following the coming of Senator Sheriff, another concern is already building-up on the fate of the Makarfi-led caretaker and whether they will indeed relinquish their office as planned. But Senator Makarfi seemed to be aware of such fear and has assured that his committee will definitely keep to the time frame allotted to it to organise a national convention and leave.

He enjoined stakeholders of the party to reawaken the accommodating spirit with which the party was noted for in order to win more people over.

While speaking yesterday when stakeholders of the PDP from Kwara State paid a courtesy call on the national caretaker committee, Makarfi said the recommended approach would help the party win more states in the 2019 general election.

“We don’t belong to sit-tight leaders. We have been saying that even if by today our services are no longer required, we will quit.

Others left before us and others will leave after us.”

INEC’s Hammer on Sheriff’s Camp As the deadline for the submission of candidate’s name to the INEC for the Edo State governorship election came to a close last week

Kashamu, Mimiko and Fayose at the South-west peace meeting

Tuesday, anxiety gripped stakeholders overs fears that the PDP leadership tussle might eventually cost it the opportunity of fielding a candidate in the Edo State gubernatorial contest. Both parties to the conflict in the PDP had prepared for the worst having produced their governorship candidates and were set to summit same to the INEC that Tuesday in order to beat the deadline.

So everyone was waiting to hear from INEC as the final arbiter under the circumstance.

But it was the Makarfi-led PDP leadership that smiled in the end as INEC recognised its candidate, Pastor Osagie Ize-Iyamu and left the Sheriff’s camp in a near mourning mood.

A late evening text message from the Deputy Director, Publicity and Voter Education of the commission, Mr Nick Dazang was all that was needed to put an end to the controversy. He said the commission has received names of 19 governorship candidates from 19 political parties, including the candidate of the PDP, Pastor Ize-Iyamu.

“As at this evening, we received 19 candidates from 19 political parties for the Edo State governorship election. This includes the candidate of the Makarfi-led faction of the PDP. We received the candidate of the Makarfiled faction because of the Port Harcourt Court Judgment plus the fact that we monitored its primaries.”

The spokesman of the PDP caretaker committee, Dayo Adeyeye had earlier told journalists that the party had submitted the name of Ize-Iyamu as PDP candidate to the INEC for the Edo governorship election and that all was left in the hands of the commission to decide.

Also, the Secretary of the committee, Senator Ben Obi confirmed that the name of the party’s candidate for the Edo State gubernatorial contest, Ize-Iyamu was submitted yesterday by the Markarfi-led leadership of the party.

When asked about situation of things, Obi said, “Yes, we have submitted Pastor IzeIyamu’s name to the INEC and the commission received it today (Tuesday)”.

It was gathered that INEC which has been applying the waiting game on the legal tussle between the feuding PDP leaders got swayed on Tuesday when it was handed the certified true copies of the various judgments that had ruled in favour of the Makarfi-led caretaker committee.

A source within the ranks of the Sheriff faction, who did not want his name mentioned, confirmed to THISDAY yesterday evening that they had suffered a setback and that INEC has opted to recognise Ize-Iyamu as the PDP governorship candidate.

Is Sheriff Still Holding Out? Barely 36 hours after the PDP zoned its national chairmanship to the South and declared it had not foreclosed full reconciliation with the Sheriff faction, the Sheriff group said yesterday that it had not reached any agreement with anybody. PDP had at its expanded national caucus meeting heard on Thursday in Abuja that the presence of Senator Buruji Kashamu, a strong supporter of the Sheriff faction was the evidence that its reconciliation effort was making progress.

However, while speaking on the reconciliation at the weekend, Sheriff insisted that they are still pursuing their cases in court, adding that he would address a press conference on the state of the party on Monday.

Sheriff did not speak directly but through his deputy, Dr. Cairo Ojougboh, but it was not clear whether the former governor of Borno State actually felt strongly about continuing with the struggle to retain his office.

Ojuogboh said “I have the express permission of Sheriff to inform our teeming supporters and PDP faithful nationwide that

he has not reached agreement with anybody, neither has he permitted anybody to conclude on any processes on his behalf.

“We are continuing with our cases in court.

We respect the rule of law. Sheriff will address a press conference on Monday on the state of our party, PDP. Our goal remains to return the party to the people and stamp out impunity. It was gathered that few days ago, some leaders of the party had met with Sheriff to find a lasting solution to the crisis bedeviling the party,” he said.

As Peace Returns to South-west However, in line with the spirit of reconciliation currently catching up with stakeholders, the PDP in the South-west at the weekend came close to resolving the intra party crisis rocking the zone. Notable leaders of the party, such as Governor Olusegun Mimiko of Ondo State, Governor Ayo Fayose of Ekiti State and Senator Buruji Kashamu met at the Ondo State Governor’s Lodge in Abuja, where they agreed to drop all their differences and to allow peace to reign.

Among the resolutions reached at the peace meeting are that henceforth, none of the leaders should interfere in the affairs of any state apart from their home state and that the State Executive Committees as presently constituted and approved by the NEC before the botched National Convention in Port Harcourt, Rivers State, in Ogun, Ondo and Ekiti states should remain.

Other decisions reached during the peace deal are that the State executives of the PDP in the three other states of Lagos, Oyo and Osun states will be harmonised and consolidated.

It was further agreed that the leaders should always consult among themselves and work harmoniously together, going forward in order to ensure the peace, unity and progress of the people and party in the South-west.

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TUESDAY, JULY 19, 2016 • T H I S D AY

FEATURES

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

Diversifying into Agro Allied Produce Chiemelie Ezeobi writes that in the face of dwindling oil revenue, Nigeria needs to look beyond that and diversify into other revenue generating ventures like agriculture and export of agro allied products

Farmers from Anambra State packaging their agro-allied products for onward export to European markets

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n the face of the global slump in the price of crude oil in the international market, many economies are constantly looking for ways to diversify rather than depend on crude oil. For Nigeria, its economy in the past years has rather been one dimension, thus earning the sobriquet mono-economy.

While many Nigerians have diversified into real sector, the agro allied sector is however the new cash cow.

This has in turn given rise to agroindustries which take care of large-scale production, processing, and packaging of food using modern equipment and methods, depend on agriculture for their raw-materials so as to operate successfully in the production of finished goods that are useful to animals and humans.

Thus, agriculture provides not just food but also provides market for industrial products like farm machineries, chemicals and fertilisers. It also provides labour and income for the labourers.

Initiating agro allied services Supporting the need for an agro-based economy, Chief Executive Officer of ABX World Nigeria Cargo, Captain John Okakpu, said the Federal Government, as a matter of urgency should initiate policies that would stimulate the export of agricultural produce.

He said the agro sector has the potential to generate over 52 billion dollars annually if properly harnessed.

The chief campaigner for agro allied services said the promotion of farm produce for export by air could create over 20 million jobs for youths across the country, adding that the current global realities have

made it imperative for government to be more creative in exploring other sources of revenues rather than depending on crude oil.

According to him, already his firm was promoting training with farmers and players in the supply chain and logistic business, on how to package Nigerian farm produce to scale through export standards prescribed by

Okakpu

Nigeria is a monoeconomy country, depending on only crude oil to run its budgets. We need to wake up now that oil price has fallen to low index. This is the time to diversify the economy and invest heavily in agriculture and agro-allied products

the European Union and other institutions.

Thus, ABX World Nigeria in collaboration with Arik Air and Skyway Aviation Grand Handling Company (SAHCOL), as cargo airline and process handling company, have strategised on ways to reposition Nigeria’s agro-allied produce exports to markets across Europe and the rest of the world.

Okakpu noted that it's revolutionary approach would not only leapfrog the agricultural sector in the country, but also boost the supply chain which involves transportation, logistics, aviation, packaging, of such agricultural products for exportation, which will in turn create jobs for unemployed youths.

He said they plan to generate over 50,000 tons of agricultural produce annually for export, while targeting produce such as pumpkin leaves, fresh ginger and garlic,

white and red sweet potatoes and bitter leaves, amongst others, and bring in the off-takers to take agricultural products as long as they meet the international standard and requirements.

Okakpu said promotion of agricultural produce has become imperative in the face of slump in the price of crude oil in the international market, declaring that current global realities have made it imperative for government to be more creative in exploring other sources of revenues rather than depending on crude oil.

He said, "Nigeria is a mono-economy country, depending on only crude oil to run its budgets. We need to wake up now that oil price has fallen to low index. This is the time to diversify the economy and invest heavily in agriculture and agro-allied products.

"To focus on agriculture, you need huge number of well-trained farmers, who will in turn form co-operative societies. You also need the supply chain that will get the products to their destinations, as well as warehouses, storage and packaging facilities.

"Our goal is to create 20 million jobs in two years, while Nigeria will be able to generate $52b annually from the export of agro allied products alone. There should not be any reason why Nigerians should suffer in the midst of plenty, especially as 70 per cent of all exportable farm produce comes from Northern Nigeria.

"Presently, we have 75 products and out of 75, one of the major and the top line product exported out of Nigeria is a leaf called Ugu (Pumpkin). You cannot believe that today if you bring 40 feet container full of Ugu it will go on a daily basis. That

19

• T H I S D AY TUESDAY, JULY 19, 2016

FEATURES Our goal is to create 20 million jobs in two years, while Nigeria will be able to generate $52billion annually from the export of agro allied products alone. There should not be any reason why Nigerians should suffer in the midst of plenty

is one of the high products out of Nigeria.

The list goes on; Ugu is there, bitter leaf is there, sweet potato, ginger, and garlic.

"We all know today that brown beans is banned from Nigeria, you can’t take it into Europe because of the chemical used in preservation. Then in terms of cassava peel, nothing out of cassava is a waste, including the peel. If you bring 100 container of cassava peel, it will go the same day from Nigeria."

Amnesty for looters to fund agro ventures According to the Managing Director and Chief Executive Officer of ABX World, Okakpu, while commending President Muhammadu Buhari’s fight against graft and corruption in governance, he said amnesty, rather than jailing looters, would bail Nigeria from its economic woes.

Calling on the president not to deter in the recovery of looted funds in the bid to cushion the nation’s economic woes, he said such funds when recovered should be channeled towards agriculture.

He said such funds can be injected to revive the nation’s economy from the money stashed abroad instead of relying on loans from International Monetary Fund (IMF) as being advocated in some quarters.

He however urged the federal government to consider the proposed bill on amnesty for looters saying there is a bill in the National Assembly which if passed into law will curb corruption and as well make looters repatriate stolen fund to Nigeria commercial banks seamlessly.

He said it should be streamlined as such that Nigerians can gain access to this fund in form of loan at a single digit interest as contained in the amnesty bill, adding that this will create much impact on the economy than what the federation can gain through IMF loan.

He said, “See we have to start taking care of ourselves, over the years IMF has been giving us loans, knowing fully well we cannot manage it well. If they give you $5 million in a matter of months they will illegally obtain about $3 million whereas you still owe them with interests. I am optimistic that amnesty is the right alternative option and not IMF. "The amnesty means whatever anybody has stashed abroad, let’s grant them official pardon and deposit it with Nigerian banks and it will be a fund for loan in single digit rate for indigenous investors into key sector of the nation’s economy away from oil and gas. Why am I saying this? If you look at other nations, they have systems to control this kind of amnesty, though in different coinages. They use their money to develop their countries, whereas, we feed them with our funds. It is annoying!

So, amnesty is a way out.

“Fighting people to grab these funds from them may take us time and lead us to nowhere. For the past 30-40 years, only God knows how much was stolen and taken away from this country. If we do this, the Nigerian banks will become the biggest donors to the IMF. We can lend the world money! Fighting to get the money from them may cost you more than what they will remit at the end of the day. If you recover $10 billion that is just a fraction.

"If Nigeria put this amnesty programme in place and backed by law in the next six months people will repatriate over $100 billion to the system. If you keep fighting them the way we are doing now, you will fight for the next six months and recover nothing. I am also saying this in tandem with what the Minister of Information, Alhaji Lai Mohammed who said ‘Nigeria is broke’. Many people do not understand when he said that, but the realities are there. So, to inject funds into the system, let us give this a trial."

The Global GAP certification Okakpu, who is behind the huge exportation of agricultural products to foreign countries, however, berated Nigeria zero structure for agro-allied business on the continent today especially in terms of acquiring the global GAP certification that would open wide the doors of exportation of agricultural products.

According to him, already, Kenya is leading in a network called Global GAP; which involves all the supermarkets in Europe

it requires is the political will on the side of the government, to put structures in place.

"Anambra State is leading the way through serious commitment to agriculture,” adding that “the state is far ahead of others in grassroots structure and technology deployment to aid farmers. When we entered into agreement with them, we discovered that they have gone very far. For instance, the state has over 1400 corporative societies and they have gone to the extent of training most of the farmers and also the certification of the corporative societies.

“The next step was the geo-mapping of the area for easy identification of the farmlands from any part of the world.

This is a sure step to curb the incessant rejection of agro-allied produce from Nigeria at the European and the rest of the world markets. The EU certified trainers were in Nigeria about three months ago. So, after that training and certification programme, the participants were guaranteed of three years contract to supply agro-allied produce to Europe and can use it for the rest part of the world. This is the real capacity building we are talking about. There is no other better way to fight poverty and encourage farmers than to provide markets for them."

Expressing optimism that the project will create millions of jobs in the country as more states queue-in into it, he said ABX World will use its partnerships around the world to make a difference and create agricultural revolution whereby they bring in the offtakers to take agricultural products as long as they meet the international standard and requirements.

The agro-allied products for export

Minister of Agriculture and Rural Developmen, Chief Audu Ogbeh

and North America, adding, "but no Federal Government, state, local government nor community in Nigeria has Global GAP certification, which is one of the reasons we can’t even sell our agro-allied produce directly to Shoprite. How do we put our products to the world?

"Kenya is leading the African continent as it has 1,879, certifications; South Africa has 1,797; Egypt has 671, Ghana has over 200 certifications while Nigeria is zero!

It’s sad. So, I thought of how to make a difference, change the face of agro-allied business in Nigeria.

“Agriculture is private sector driven.

What is expected of the government is policy direction and structures in place to empower subsistence farmers, not commercial farmers only. I have a road map that can change the system and strongly believe it can create about 50 million jobs in this country."

The Anambra connection Of all the states, Anambra State has embraced living in a Nigeria beyond oil. The government has partnered with ABX World, to facilitate the export of about $5.2billion

worth of agro-allied products to European countries yearly. Others listed in the deal are Arik Air and Skyway Aviation Handling Company (SAHCOL), which would facilitate the packaging and air freighting to European countries, as well as ensure that about 75 farm products of which pumpkin leaf tops the list, are exported from Nigeria to Europe and rest of the world.

Okakpu described the partnership as part of the state government’s efforts to lead the way in its commitment to developing agriculture. The gesture, he said, is capable of generating jobs, eliminating poverty and restoring investor’s confidence in the state, adding that the state has become a trailblazer in this regard, as “different state governments, realising their dwindling fortune in the wake of falling oil revenue, are now interested in the agro-allied exports.”

Commending the move Okakpu said, “That is why I doff my hat for the Anambra State Government led by Chief Willie Obiano for the interest they have expressed towards agriculture. Of all the states we approached to key into this, only Anambra embraced it.

Today, they are reaping the benefits already with increased IGR. I am not boasting, what

What exportation entails When such agricultural products have been harnessed, for Okakpu who uses ABX World, his cargo and a courier organisation, as a vehicle to export the goods worldwide, the next thing is exportation to other countries and that is where cargo handling plays a huge role.

Started in 1998 as Airborn Express but after DHL bought it over Airborn Express in 2002, he set up another network, that later metamorphosed into ABX World.

According to him, at ABX World, their goal is to champion agro airline in Nigeria.

On how it works he said they have partners in Europe and around the world who they take agricultural products to as long as they meet the international standard and requirements to the world.

The first thing they do is to engage a lot of supply chains around the world, especially in Europe, bring in the supply chain and liaise with the government, both state and federal to get the farmers, through their co-operative societies. These farmers have to be trained (GAP) so they can be certified to supply the products they are into. This certification gets them three years contract.

If Nigeria eventually diversifies the economy and look beyond oil revenue for sustenance, the agricultural sector will become the game changer. Already, Okakpu said they are already partnering communities into going into production of world class food produce that can meet up with international standards.

20

IMAGES

L-R: Keynote Speaker, Pastor Ituah Ighodalo; President, International Facility Management Association (IFMA), Nigeria Chapter, Richard Okesola; and a former President Iyabo Aboaba, at the 2016 World Facility Management Day celebration in Lagos...recently

L-R: Chairman, Lagos State Security Trust Fund (LSSTF), Mr. Oye Hassan Odukale; board member, Mr. Yemi Idowu; Lagos State Police Commissioner, Mr. Fatai Owoseeni; Executive Secretary, Lagos State Security Trust Fund (LSSTF), Dr. Abdurrazaq Balogun; and a board member, DIG Israel Ajao (rtd), during the presentation of 100 ballistic vests and helmets to the Lagos State Police Command by the management of LSSTF, in Alausa, Lagos...recently

Wife of the governor of Lagos State, Mrs. Bolanle Ambode (middle); planting a tree during the 2016 Tree Planting exercise at Ikosi Secondary School, Ketu....recently

L-R; Tunde Shobanjo; Mrs Inyang Anya; Prof. Pat Utomi and Olufemi Shobanjo during the presentation of an ward for Professional Leadership given to Biodun Shobanjo, but received by his sons at the 2015 Annual Zik Prize Awards at the Civic Centre, Victoria Island, Lagos...recently

T H I S D AY • TUESDAY, JULY 19, 2016

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

L-R: Director, Centre for Black Culture and International Understanding and guest speaker, Lagos at 50 Celebration, Dr. Wale Adeniran; Permanent Secretary, Lagos State Ministry of Tourism, Art and Culture, Mr. Ashimi Adewale; and the Special Adviser to the Governor on Housing, Mrs. Aramide Giwanson, during a colloquium by the Ikeja division committee on the celebration of Lagos @50, at Ikeja.....recently KOLA OLASUPO

L-R: Acting Director, Chemical Evaluation and Research, National Agency for Food, Drug Administration and Control (NAFDAC), Mr. Akinwunmi Adedeji; Director, Registratory Affairs, Dr. Monica Eimunjeze; and Acting Director-General, Mrs. Yetunde Oni, during a press conference on the seizure of ban chemical substances at the agency’s office, Oshodi, Lagos...recently ETOP UKUTT

L-R: Managing Director, Connected Thinking, Matt Dooley; Chief Inspiration Officer, XL Family and Founding, Partner, Ventures, Jaspar Roos; Head, Retail Banking, Standard Chartered Bank of Nigeria, Ebehijie Momoh; and Chairman, The Asian Banker International PTE LTD, Emmanuel Daniel, during the presentation of awards to Standard Chartered Bank Nigeria Limited winners of Best Social Media Initiative and Wealth Management Team of The Year awards...recently

L-R: Managing Director, UPDC Real Estate Investment Trust, Mr. Hakeem Ogunniran; Managing Director, United Capital Trustees, Mrs. Tokunbo Ajayi; Company Secretary, Mrs. Oyindamola Ehiwere; and the Managing Director, FSDH Asset, Olumayowa Ogunwemimo, at the UPDC Real Estate Invested Trust 2nd annual general meeting in Lagos...recently SUNDAY ADIGUN

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Quick Takes Court to Sit over Total CEO’s Death

A Russian court will on July 28 start the trial of airport staff charged in the death of Christophe Margerie, the head of French oil major Total who was killed when his jet collided with a snow plough in a Moscow airport, Russian media reported on Friday.

Lawyers for the five airport employees who are defendants in the case asked the court on Thursday to send the case back to prosecutors, saying the investigation had missed crucial evidence. But the judge rejected those requests.

De Margerie was killed in October 2014 along with three air crew when his jet hit the snow plough as it was taking off from Moscow’s Vnukovo airport in the middle of the night.

The trial has been postponed several times and Russia’s IAC civil aviation investigative body has yet to release its report about the crash, which critics say exposed the country’s patchy air safety record.

Christophe de Margerie’s corporate jet had collided with a snow plough and was then engulfed in flames. All four people on board were killed.

The driver of the snow plough was drunk, according to Russian investigators.

According to Russia’s Vedomosti newspaper, Mr de Margerie had met Russian Prime Minister Dmitry Medvedev at his country residence outside Moscow to discuss foreign investment in Russia.

Protests Delay Libyan Oil Shipments

ECONOMY ON THEIR MINDS

L-R: A representative of the World Bank/Co-author, Africa Competitive Report, Mr. Barak Hoffman; Senior Special Assistant to the President on Industry, Trade and Investment, Dr. Jumoke Oduwole; CEO, Nigerian Economic Summit Group, Mr. Laoye Jaiyeola ; and Chairman, Stanbic IBTC, Mrs. Sola David-Borha; during the NESG/World Bank workshop on Economic Competitiveness in Nigeria, in Lagos…recently SUNDAY ADIGUN

DPR, Seplat Petroleum, Belemaoil Head for Collision over OML 55 Ejiofor Alike The Department of Petroleum Resources (DPR), Seplat Petroleum Development Company Plc and Belemaoil Producing Limited are heading for a collision over the operatorship of Oil Mining Lease (OML) 55, which was recently acquired from Chevron Nigeria Limited, THISDAY has learnt.

Chevron had earlier completed the transfer of ownership of OMLs 53 and 55 to Seplat after a litigation brought against both parties

by Brittania-U Nigeria Limited had initially delayed the

ENERGY transfer of the assets.

The ownership of OMLs 53, 55 and a third block – OML 52 is still a subject of litigation as Brittania-U has insisted it won the three leases in a competitive bid conducted

by Chevron’s investment bankers, BNP Paribas at a price of $1.015 billion.

On February 5, 2015, Seplat, which is listed in both Nigerian Stock Exchange and London Stock Exchange, announced that it had acquired a 40 per cent working interest in OML 53 from Chevron.

Simultaneously, the company also announced that it had concluded negotiations to purchase 56.25 per cent of the share capital of Belemaoil Producing Limited, a Nigerian special purpose vehicle that had completed the acquisition of a 40 per cent interest in OML 55, also from Chevron.

Seplat’s effective working interest in OML 55 as a result of the acquisition is 22.50 per cent.

Having acquired the majority shares in Belemaoil, Seplat effectively and indirectly became the parent company of Belemaoil and owner of

OML 55, which was bought

by Belemaoil from Chevron.

THISDAY however gathered that apart from the pending litigation on the three blocks, fresh controversy has hit the OML 55 transaction following the decision of the DPR to transfer the operatorship of the lease to Belemaoil , which was implemented on June 1, 2016.

Investigation reveals that the regulatory agency directed Belemaoil to pay all outstanding loans due to Seplat and take over the operatorship.

Continued on page 24

TCN to Spend Additional N1.4trn in Four Years Chineme Okafor in Abuja The Transmission Company of Nigeria (TCN) plans to spend additional N1.36trillion within the next four years as capital funding to upgrade Nigeria’s electricity transmission network, the Nigerian Electricity Regulatory Commission (NERC) has disclosed.

NERC said it approved N1.36trillion as capital expenditure for the years 2016 to 2020, and N287 billion for its operational expenses for TCN within the same period.

It said the approval was part of the company’s projection in the Multi Year Tariff Order (MYTO) 2015.

The regulatory agency

ENERGY explained that this will aide in its upgrade plan for the network from 5,500 megawatts (MW) in 2016 to over 11,000MW in 2020 and on a continuous basis.

The acting chairman of NERC, Dr. Anthony Akah disclosed this in the presentation he made to sector operators at the recent meeting of the National Council on Power (NACOP) in Kaduna.

According to him, the TCN was facing a severe funding challenge and needed a cost reflective tariff in the MYTO to enable it execute transmission projects it has planned to upgrade the network.

Akah said NERC recognised the imperative for huge investment in Nigeria’s transmission network, hence, its approval of the capital expenditure for TCN in the MYTO. NERC however insisted that TCN must revise its capital expenditure programmes in order of priority to the country’s power sector, adding that it needs to consult with its various customers on expected service improvements it wants to attain.

The commission also said that an anticipated arrangement of promissory note was currently being discussed with the Nigerian Bulk Electricity Trading Plc (NBET) and the electricity distribution com-

panies (Discos) to ensure 100 per cent payment of TCN’s invoices by the Discos. This it said will boost remittances to the company.

“Recognising the imperatives for significant investment to improve TCN’s transmission capabilities to deliver projected incremental to stable power supply to the NESI, NERC approved additional Capex of N1.36 trillion for the years 2016-2020 in TCN’s MYTO 2015 tariff order.

“Likewise, Opex of N287 billion was approved for the tariff years 2016-2020.

Incremental growth in TCN’s transmission capacity is Continued on page 24

Guards protesting over pay shut the eastern Libyan oil terminal of Hariga on Sunday, delaying two shipments of crude, a port official said.

A unit of Libya’s Petroleum Facilities Guard (PFG) took the action because they said they had not been paid their salaries recently, the Hariga official said.

He said the protest had delayed two tankers, one of which was already docked at the port, with the second scheduled to dock later on Sunday. Hariga has an export capacity of about 120,000 barrels per day (bpd).

Libya’s oil output has been sharply depleted by industrial disputes, insecurity and political strife since the country slipped into turmoil following the uprising that toppled Muammar Gaddafi five years ago. Production has fallen to less than a quarter of a 2011 high of 1.6 million bpd.

Several major eastern Libyan terminals remain blockaded by the Petroleum Facilities Guard, a national force that is internally divided. Key units have shifted allegiances between different political factions.

Turkey Reopens Route for Oil

Turkish maritime authorities have reopened Istanbul’s Bosphorus Strait to transiting tankers after shutting it earlier on Saturday for several hours following what the government said was an attempted coup by a faction in the military.

The Bosphorus is one of world’s most important chokepoints for the maritime transit of oil with over three percent of global supply - mainly from Russia and the Caspian Sea - passing through the 17-mile waterway that connects the Black Sea to the Mediterranean. It also ships vast amounts of grains from Russia and Kazakhstan to world markets.

On Saturday, forces loyal to the Turkish government fought to crush the remnants of a military coup attempt, following violence and clashes in Ankara and Istanbul.

Shipping agent GAC said traffic had reopened after being shut for several hours for security reasons and ships were now being able to travel again through the Bosphorus which divides Istanbul into European and Asian sides.

A spokesman for Russia’s pipeline monopoly Transneft said the main Black Sea port of Novorossiisk was operating normally and had enough tankers near the port to continue loading operations uninterrupted until July 25 regardless of what happens in the Bosphorus.

“I think people should just be patient; every day, I see the road clearer; I see tomorrow better; I see incremental power”

Minister of Power, Works and Housing, Mr. Babatunde Fashola

22

T H I S D AY • TUESDAY, TUESDAY, JULY19, 2016

BUSINESSWORLD DPR, SEPLAT PETROLEUM, BELEMAOIL FOR COLLISION OVER OML 55

A source at Seplat told THISDAY at the weekend that the company was going to court to challenge the DPR’s decision.

“We hold 56.25 per cent share in Belemaoil. So, by law, the company is our subsidiary. It is wrong for DPR to say that Belemaoil is an independent company and should operate the asset as an independent entity.

Belemaoil is a subsidiary of Seplat Petroleum,” he said on condition of anonymity.

Seplat Petroleum had acted as technical services provider to Belemaoil.

But Belemaoil was said to have insisted that Seplat did not complete the payment of all the purchase fees as agreed by both parties.

Belemaoil was also said to have alleged that Seplat did not pay all the agreed fees for the acquisition of Chevron’s 40 per cent stake in the disputed asset.

During the handover ceremony of the two assets early this year, an elated Chief Executive Officer of Seplat, Mr. Austin Avuru said: “OML 53 fits neatly within our strategy of securing, commercialising and monetising natural gas in the Niger Delta to supply the rapidly growing domestic market and will further reinforce our position as a preeminent supplier of gas in Nigeria”.

TCN TO SPEND ADDITIONAL N1.4TRN IN FOUR YEARS

expected to improve from 5500MW in 2016 to over 11000MW wheeling capacity on a continuous basis,” said Akah in the presentation.

He said the TCN was currently challenged by poor funding from poor revenue remittances by the Discos. He also said the TCN’s inability to exert necessary grid and market discipline in the electricity sector would impact on the predictability of incremental and stable power supply.

Group Business Editor

Chika Amanze-Nwachuku 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 (Maritme)

NEWS

NERC to Sanction Discos over Operational Nonaccountability Stories by Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) has disclosed its intention to sanction electricity distribution companies (Discos) that have fallen short of its demand for transparent and accountable management of their networks by failing to submit their updated year-end audited financial reports.

NERC said it had instituted various degrees of enforcement actions against some of the Discos that failed to comply with its request that they file their audited year-end financial reports within a specified timeframe. It said the decision of the Discos to sidestep its orders to them on this was a clear breach of its regulatory powers, and that it will wield the big stick against them.

According to the acting Chairman of NERC, Dr. Anthony Akah, the commission opted to take punitive actions against the Discos after it discovered that some of them were unwilling to file their audited financial reports, or even filed in formats that were inconsistent with agreed reporting standards.

Akah said during a briefing in Abuja that he could not disclose the identity of the Discos that have filed their reports or those that have not filed.

He however stated that the situation was not particularly pleasing and that the commission was going ahead to fine them for such breach of its

regulatory order.

“I don’t have the situation report here but not all distribution companies have submitted their audited financial statements but I want to let you know that the commission has triggered an enforcement process against these distribution companies,” Akah said in response to a question what the reporting status was. He further said: “Where we are not fully satisfied, we will impose the necessary sanctions as allowed by the

law because not all the Disco have submitted. Some submitted partially, some submitted not certified reports and we have in line with our processes written to them notice of enforcement and given them time to reply and thereafter take adequate necessary action.”

Recently, NERC and operators in the sector had at the monthly meeting convened by the Minister of Power, Works and Housing, Babatunde Fashola, agreed on a reporting timeline

for their audited year-end financial reports.

Akah also stated that NERC as presently constituted has the power to issue licenses for the construction of about 1000 megawatts (MW) solar power plants which the Nigerian Bulk electricity Trading Company (NBET) signed power purchase agreements with their promoters.

He said on this: “The commission has the ample power to issue licenses as constituted. We

don’t have the powers to issue final orders but the EPSR clearly stated in some of its clauses that the commission can delegate some of its responsibilities to its staff to undertake and it is deemed to have been done by the commission.

“It further stated that no acts of the commission can be considered to be invalid on the basis that there is vacancy, clearly there are ample powers available in the commission to issue these licenses.”

COURTESY VISIT

L-R: Executive Director, AIICO Insurance Plc., Babatunde Fajemirokun; Managing Director, Edwin Igbiti; Director General, Chartered Insurance Institute of Nigeria (CIIN), Richard O. Borokini; Deputy Director General, Uju Ndubisi Chukwu; and Head, Examinations, CIIN, Ebun Ayeni, during a courtesy visit to the Management of AIICO Insurance Plc by the Executive Management team of CIIN in Lagos... recently

FG Mulls Investing Pension Assets in Power Sector The federal government and stakeholders in Nigeria’s pension industry have begun discussions on the possibility of investing a portion of the industry’s accumulated financial assets worth about N5.39 trillion into the country’s power sector and other infrastructure, THISDAY has learnt.

THISDAY gathered from the Managing Director of Sigma Pensions Ltd, Mr. Umar Modibbo during a recent meeting in Abuja that the industry’s discussions with the government have largely been driven by the Minister of Power, Works and Housing, Mr. Babatunde Fashola.

Modibbo stated that Fashola was recently invited to attend a retreat by the industry stakeholders, where issues regarding the possibility of the industry investing part of the financial assets it accumulated from the contributory pension scheme in the power sector. He said subsequent discussions have then followed on the issue.

“We had a discussion sometime last year when the minister was invited to our retreat. We are generally talking with him on infrastructure because the pension industry is generally amenable to investing provided we have the right instruments and guarantees that the monies we will put in will be returned, that is the major consideration, the

moment these issues are sorted, I don’t think the industry will have any problem investing in the sector,” said Modibbo.

Nigeria’s Pension Commission (PenCom) in March, 2016 reportedly disclosed that the total pension fund assets accumulated since the pension fund Act was reviewed has grown to N5.39 trillion.

Even though the government had requested that it invests parts of its financial assets to bridge gaps in the country’s infrastructure, the industry has asked that a structured product be developed by the government on which it could invest its funds.

Modibbo also spoke on other developments in the pension industry including moves by PenCom to introduce new products to take care of people who may be interested in saving but are not within the formal sector.

“For the pension industry, although there are challenges, it is something that is very sustainable because the contributory pension scheme is very structured and sustainable.

“The only thing is that we need to expand the coverage by introducing the micro pension so that people who are not served can be brought into it. Those people who are not fully employed by the formal sector but are active and generating income and

need to save for the rainy day as well,” he said.

He stated on the customer service survey which his company conducted and from

which customers were selected and rewarded with gifts: “It was a culmination of a process we started, we ran a customer survey and decided to reward

those that participated in the survey. Three people won from Oyo; Niger and Delta, and we brought them here to reward them with mini IPads.”

NNPC Targets Completion of Repairs of Gas Pipelines September TCN restores power supply to Maiduguri Ejiofor Alike The Nigerian National Petroleum Corporation (NNPC) has given an assurance that it would complete the repairs of all vandalised gas pipelines by September 2016 to boost gas supply to the power generating plants. This is coming as the Transmission Company of Nigeria (TCN) has also disclosed that it has restored power supply to Maiduguri in Borno State, which was disrupted by insurgency in the North East.

NNPC made this commitment at the recent seventh monthly meeting of the Minister of Power, Works and Housing, Mr. Babatunde Fashola and the operators in the power sector, which was held at the Benin Transmission State in Edo State.

According to a 10-point communiqué issued at the end of the meeting, the corporation

acknowledged the current gas constraints to the power sector and assured that it was taking steps to improve gas supply to power plants.

“The Corporation also discussed new supply additions from alternative sources as well as improving the readiness of power plants to receive gas which should improve power supply in the country,” said the communiqué.

The power sector was worst hit by the vandalism of the 48-inch subsea Forcados Pipeline, which was bombed by the Niger Delta Avengers in February this year.

Shell, which operates the pipeline had targeted to complete the repairs by May 29 but fresh attacks and threats by the militants delayed the repairs. The Minister of State for Petroleum, Dr. Ibe Kachikwu had revealed that the repairs would be

completed by next month.

At the monthly meeting, TCN noted that following decisions arising from the last meeting in Kano, repairs to the Okpai-Onitsha line had been completed and power also restored to Maiduguri.

The company also stated that it has also commenced restoration of transformers to Rimin-Zakara in Kano State to be completed in 2017.

Also discussing ongoing projects to support distribution in Benin Disco’s coverage area; TCN listed a substation in Akure which it said was now 80 per cent complete, the completion of a substation in Ughelli, currently being inspected by Nigerian Electricity Management Services Agency (NEMSA) and the completion of projects in Ihovbor, Okada, Irrua and Oghara to enhance the transmission of power to Benin Disco.

23

T H I S D AY • TUESDAY, JULY 19, 2016

BUSINESSWORLD

ENERGY

Sustaining the Supply of Petrol The key progress made in the downstream sector in recent months was the return of stability in the supply of petrol. Ejiofor Alike reports that the current sanity in filling stations should be sustained through continuous engagement on foreign exchange issues

T

he best thing that has happened to the downstream sector of Nigeria’s oil and gas industry in recent years was the recent adjustment of the price of petrol to eliminate the wastes associated with the old subsidy regime and engender stability in the supply of the product.

Before President Muhammadu Buhari mustered the political will to take this bold decision, successive administrations, including Buhari’s administration had suffered from the embarrassment associated with their inability to pay subsidy claims to marketers, which led to perennial scarcity of petrol and its attendant hardship on the people.

Consequently, the operators in the downstream sector had clamoured for full deregulation for a number of years to free the market from bureaucratic bottleneck, economic losses, noncapacity utilisation and perennial fuel crisis.

Perennial scarcity of petrol was primarily caused by government’s restriction of the volume of business in the sector through import allocation under the subsidy regime and her decreasing capacity to meet the marketers’ obligations under the regime.

In order words, apart from import limitations through quarterly allocations, the failure of the federal government to pay the marketers’ obligations as they mature, had resulted to frequent scarcity of fuel as the marketers’ capacity to import was frequently weakened by lack of funds.

With insufficient funds in the hands of marketers, new investments were not forthcoming while available capacity was not fully utilised, thus impeding job creation and economic growth.

Efforts by the successive administrations to remove subsidy were successfully resisted by labour unions and other political interest that refused to buy-in.

However, with the appointment Dr. Ibe Kachikwu who is private sector-oriented as the Minister of State for Petroleum and Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), President Buhari had demonstrated a political will to break away from the past and set a new agenda in the both the upstream and downstream sector.

On assumption of office, Kachikwu did not hide his intention to succumb to the market dynamics of allowing forces of demand and supply to determine the price, having realised how trillions of naira were frittered away by successive administrations sustaining the corrupt and hugely inefficient fuel subsidy regime.

But due to the sensitivity of the issue, Kachikwu was tactfully cautious to avoid rocking the boat and courting controversy for the new Buhari’s regime by de-emphasizing ‘subsidy removal’ and adopting new phrases such as ‘price modulation’ and ‘price adjustment.’

Aware of the potency of the political forces against subsidy removal, Kachikwu, who until recently, was also the head of the NNPC, had cleverly tarried a while, bamboozling the country with one phrase after another and avoiding the phrase ‘removal of subsidy.’

When he finally struck and implemented his long awaited agenda, he had intelligently and systematically de-emphasised the phrase ‘subsidy removal’ such that Buhari’s administration had little or no crisis to manage.

Serenity in filling stations Subsidy regime was characterised by nonutilisation of capacity by the marketers and depot owners, thus causing perennial fuel shortages, limiting expansion, employment generation and value creation.

With government’s delay in paying subsidy, the marketers’ capacity to import product and wet the system was constantly weakened and this resulted in frequent crisis and long queues, which also created chaotic situations in filling stations.

Since the new regime was put in place by Kachikwu, normalcy has returned in filling stations and this should be sustained permanently.

Queues in a filling station Having recorded this huge success, a lot more are still needed to be done by the minister to take the sector to the Promise Land.

Kachikwu should consolidate the gains of his reform in the downstream sector by further pushing for full deregulation and abolishing the import ceiling imposed on the marketers through quarterly allocation of import permits by the Petroleum Products Pricing Regulatory Agency (PPPRA).

The quarterly import allocations, which specify the given volume of product each marketer should bring into the country in a given quarter has adversely limited the capacity of the marketers as they are not allowed to import to their full storage and financial capacity.

For instance, marketers and depot owners that invested heavily in storage capacity and could import up to 300,000 metric tonnes each in a quarter, are given between 30,000MT and N90,000MT import permit each in a quarter.

This has obviously led to empty tanks in all the private depots and adversely affected their capacity to expand and boost the Nigerian economy. The removal of this hurdle will give the marketers the latitude to source for limitless funding and import to their full capacity, thereby enhancing more expansion and engendering healthy competition by the operators for the benefits of Nigerians and the Nigerian economy.

The competitiveness of the operating environment will no doubt bring down the pump price of the product as each operator struggles to enjoy greater share of the market.

Resolving challenges of forex The recent price adjustment became necessary partly due to unavailability of foreign exchange and inability of marketers to open letters of credit.

Though the new price will also enable marketers to source their foreign exchange independent of the Central Bank of Nigeria (CBN), the high cost of foreign exchange at the parallel market will no doubt require the continuous engagement between the minister and the relevant stakeholders to avoid a return to the days of crisis.

While the minister allocates foreign exchange to the marketers through the international oil companies (IOCs) at N285 per dollar, the marketers source at the parallel market at over N350 per dollar.

The high cost of forex has currently impacted heavily on the prices of kerosene and diesel, which have hit the roof top and efforts should be made to ensure that the impact is not felt on the price of petrol.

The intervention of the CBN has also been constrained by lack of forex occasioned by

the dwindling oil prices and the attacks on oil facilities by the Niger Delta militants, which have curbed production significantly.

Again, as the federal government exits the fuel subsidy regime, its inability to pay $950 million mature obligation owed by the marketers to foreign banks under the old pricing regime may plunge the sector into a fresh crisis.

THISDAY gathered that based on the old pump price of N86.50 per litre and exchange rate of N197 per dollar, the total matured obligation for the Major Oil Marketers Association of Nigeria (MOMAN) and the Depot and Petroleum Products Marketers Association (DAPPMA) currently stands at $950 million.

This figure represents the outstanding indebtedness to Citi Bank and other foreign banks by the Nigerian banks through which the marketers raised the Letter of Credit to import petrol under the old pricing regime.

THISDAY’s investigation revealed that after the marketers had raised the letters of credit with the Nigerian banks at the old exchange rate of N197 per dollar, the government was supposed to provide the equivalent foreign exchange for the Nigerian banks to pay the foreign banks.

It was however gathered that the government could not provide the foreign exchange until the exchange rate was raised to N285 per dollar after the adjustment of the pump price to N145 per litre. Marketers, who spoke on condition of anonymity, told THISDAY that the federal government had insisted that the marketers should provide additional Naira to reflect the current exchange rate before it could provide the equivalent foreign exchange to liquidate the obligation.

The marketers also raised the alarm that the failure of the government to meet this obligation could plunge the sector into a fresh crisis “We opened some of these letters of credit two years ago and because of the subsidy regime, the federal government was involved in opening the LCs. We opened the LCs with the Nigerian banks who were supposed to pay the foreign suppliers. The LCs were opened under the old exchange rate of N197 per dollar and the government was supposed to provide the foreign exchange. However, the government allowed the debt to linger until the exchange rate was increased to N285. The total mature obligation now stands at $950 million and they (government) are saying that we must bring more money to shore up the Naira before they will pay the forex. That means the money we paid at N197 per dollar; we should now provide the Naira difference to reflect N285 per dollar.

The total dollar is now $950 million and you know what the Naira difference will translate

to,” the Chief Executive Officer of one of the companies explained.

Another marketer said before the exchange rate was increased, the government had complained of lack of foreign exchange to pay for matured LCs and wondered why the marketers should now bear the risk of this exposure, which was caused by government’s delay.

“We sold the product at the price government told us to sell. But they failed in their own obligation to provide the foreign exchange after we paid the Naira equivalent to the Nigerian banks at the exchange rate of N197.

The government delayed their own payment until it increased the exchange rate. So, we are not supposed to bear the risks created by government’s delay,” he said.

“The government must keep to their own bargain of the contract and ensure the debt is serviced at N197 per dollar, otherwise the entire sector will die,” he added.

THISDAY gathered that due to the challenges faced by the marketers in opening Letters of Credit to pay petrol suppliers before importation, the federal government, through the CBN has re-introduced Bills for Collection under the new pricing regime, whereby marketers pay after products are imported.

Apart from the forex challenges, the marketers also contend with the issue of absence of level playing field in the downstream sector.

Speaking at a recent event organised by the Downstream Group of the Lagos Chamber of Commerce and Industry (LCCI), the Chairman of Integrated Oil and Gas Limited, Captain Emmanuel Ihenacho had urged the government to reduce the involvement of the Pipelines and Products Marketing Company (PPMC), a subsidiary of the NNPC in the downstream business. He argued that there is no level playing field for the PPMC and the independent marketers as the activities of PPMC have placed the private marketers in a disadvantaged position.

Also speaking at the event, the Chairman and Managing Director of Mobil Oil Nigeria Plc, Mr. Tunji Oyebanji had argued at the LCCI event that the domineering role of PPMC does not guarantee healthy competition in the sector.

“If we are going to deregulate and be commercial, let us be commercial. But when you have one entity playing such dominant roles and trying to do it in such a way that will bring distortion into the market, it is a way of creating instability in the market,” Oyebanji said.

All these unresolved issues will require the continuous engagement of the minister and the stakeholders to ensure that the gains recorded through the recent price adjustment are not eroded.

24

T H I S D AY • TUESDAY, JULY19, 2016

BUSINESSWORLD

ENERGY

Nigeria’s Leap Towards Solar Energy The recent signing of power purchase agreements between the federal government and 12 firms for the construction of solar power plants in eight states that will generate 975MW of electricity is a good development for Nigeria’s energy mix, given the incessant disruption of gas supply to thermal power stations by militants. Chineme Okafor reports

Solar power panels Faced with frequent disruption of gas supply to power stations by militants, the federal government recently unveiled plan to create enabling environment for investors willing to generate electricity with renewable sources, particularly solar.

In this regard, the government through the Nigerian Bulk Electricity Trading Company Plc (NBET), which statutorily procures bulk electricity for resale to electricity distribution companies (Discos) across the country, signed power purchase agreements (PPA) with 12 firms for the construction of solar power plants to be built in eight states.

The proposed solar plants, when completed, will generate additional cumulative 975 megawatts (MW), some of which would be fed into the national electricity grid.

According to the government, the development was part of its larger plan to diversify Nigeria’s electricity generation mix which if implemented well, could give the country some level of security in her energy supplies.

As explained by the NBET during the PPA signing ceremony, up to $2.5billion would be invested into building the 12 solar plants in Enugu; the Federal Capital Territory, Abuja; Nasarawa; Kaduna; Katsina; Sokoto; Bauchi and Plateau States.

Also, the development comes just days after the Minister of Power, Works and Housing, Mr. Babatunde Fashola hinted at a function in Abuja that the government had resolved to fast track the diversification of Nigeria’s electricity mix.

Fashola in decrying the impacts of the current spate of bombings on oil and gas assets by militants in the Niger Delta over identified grievances with the government on the country’s electricity system, declared that the government would commence a journey of diversification and electricity security for Nigeria “It is a journey that would ensure that in future it will be impossible to hold this country to ransom by controlling any particular source of fuel for electricity,” he said.

Fashola noted that irrespective of the huge contributions of gas to Nigeria’s electricity

production – the country generates up to 80 per cent of its electricity from gas-fired power plants situated in the south, while just about 14 per cent is generated from hydropower stations in the north - the expansion was necessary to tap into energy sources that exists in the country, as well as decentralise generation sources.

He further hinged this on how bad electricity supply has gone since incessant destruction of gas-pipelines by militants began early in 2016.

Nigeria which reached an all-time generation mark of 5075MW late in 2015, has managed to sustain her overall power generation which has halved since February.

The impact of proposed solar PPAs Saddled with the task of executing the PPAs, NBET’s acting Managing Director/Chief Executive Officer of NBET, Mr. Waziri Bintube, said seven northern states are to host most of the solar power plants because of the high solar radiation in the region, while one of the plants would be located in Enugu State.

He reiterated the commitment of the government to the development, saying: “This is a revolution that is aimed at diversifying the energy mix of the country, especially to resolve the lingering power crisis in Nigeria.”

“It is something that is critical at this point in time because of the disruptions to gas supply.

For as you know this country is about 86 per cent dependent on thermal gas power plants for its electricity needs, while about 14 per cent is from hydro power plants,” Bintube added.

He further stated: “We don’t have nuclear nor solar, so this will be the first renewable energy coming from the national grid and we are committed to delivering on it once the projects reach financial close.

“Therefore, our target is that within 12 to 18 months we would have delivered the projects.

We have about 12 foreign developers and this is a mark of confidence in the Nigerian economy, as the projects will bring in foreign direct investments into the country.”

He provided a clearer background to the choice of the projects’ sites saying: “These

projects that we are signing today are going to be based in about eight states. Without any prejudice, we know that solar radiation is higher in the northern part of the country.

“So we have one in Enugu, one in Bauchi, one in Nasarawa, about three in Katsina, one each in Jigawa, Sokoto and Plateau. Also, Kaduna has two.”

As stated in Nigeria’s renewable policy document which the government signed off in 2015, the country lies within a high sunshine belt with solar radiation fairly well distributed across board.

This as credibly reportedly by stakeholders in the solar business indicates that with an annual average radiation of 12.6 mega joule/square meter (MJ/m2-day) in the coastal latitudes and 25.2MJ/m2-day in the far North, solar still has an immense potential to contribute vibrantly to the country’s energy mix.

Bintube in this regard, explained that the PPA would serve as a partial risk guarantee (PRG) to the investors. He said its signoff would enable them get loans from their lenders based on the fact that they have a guaranteed buyer or off-taker of whatever quantum of electricity they generate from their various solar power plants. He noted the NBET will be the guaranteed buyer of power generated from the plants, thus indicating that the previous burden associated with best endeavour transactions for solar power will have to give way for a willing-seller-willing buyer regime.

On the monetary worth of the solar power projects, the General Manager, Power Procurement and Power Contracts for NBET, Mr. Yesufu Alonge, stated that the investors would invest a total of about $2.5 billion during the 12 to 18 months gestation period of the projects.

Alonge said: “For the 12 projects, the total cost is between $2 billion to $2.5 billion. The economic impact which the projects will have cannot be overemphasised, as it would create thousands of jobs for citizens of Nigeria.”

He also noted that the government, through the Nigerian Electricity Regulatory Commission (NERC) had been able to work out plans that

would ensure steady and continuous reduction in the tariffs for solar generated electricity.

According to him, once the solar plants become operational, power consumers would pay 11.5 cent per kilowatt-hour as the kick-off tariff.

This price, he added would continue to fall as more solar power projects come on stream.

“With time the cost of solar will be cheaper than that of gas, but you just need to start first and the cost is 11.5 cent per kilowatt-hour,” Alonge stated.

He added that after the promoters achieve their financial close by year ending, construction and completion of the plants is expected to happen within 12 to 18 months.

Also, power generated from the plants will on completion be evacuated into the national grid through substations that will be built at some of the sites.

With the Bulk Trader acting as intermediaries between Generation companies (Gencos) and Discos, it is understood that the generated electricity will be fed first into the Discos where the plants are sited to boost their supplies, and the excess given out through the grid.

One of the firms, Nigeria Solar Capital Partners said it was building a 135MW plant in Ganjuwa LGA of Bauchi State at the cost of $200 million.

Its Managing Director, Joel Abrams said the 15-month project will create 1,000 jobs in the state when the site work starts by June 2017.

Another promoter, AfriNigeria also stated that it was going to build 50MW in Garaku town of Nasarawa state at the cost of $100 million.

Industry experts, who reviewed the development, posited that it stood the chance of changing the reputational damage that had been done to the solar power market through the wave of failed sponsored solar projects in the last decade, along with some questionable small solar technologies and product.

They added that beyond the shift from large reliance on gas, the development would as much as possible restore the abandoned potential that best practice solar projects could bring in helping Nigeria light up the homes and offices of more than 50 million of her citizens.

A

19.07.2016

WEEKLY PULL-OUT

Ayodele Atsenuwa

‘NIGERIA’S PROBLEM IS SIMPLY THE FAILURE OF POLITICAL LEADERS TO REBALANCE THE FEDERATION’

Former NBA President, Olisa Agbakoba SAN

2/DASHBOARD

19.07.2016

It is Mandatory for a Court to Hear the Parties on the Desirability or Propriety of Making an Order of NonSuit Before an Order of Non-Suit is Made PAGE 4

LawPavilion Celebrates Jurists Launches Revolutionary Software PAGE 5

Nigerian Law School Campuses Fully Secured - DG PAGE 5

ICC Nigeria to Discuss Sustainable Development Goals at AGM as It Admits New Members PAGE 5

QUOTABLES 'A lawyer’s role should not degenerate from that of a legitimate defence counsel to becoming an accomplice after the fact. We should never forget our status as ministers in the temple of justice. That status prevails over any other duty, even over the duty we owe to our clients. I therefore appeal once again that our colleagues should never ever cross over from the Bar because if they do that they may end up in the dock'.

– Chairman, Presidential Advisory Committee Against Corruption, Professor Itse Sagay SAN

‘For a Lawyer: the Art of Learning is Never Accomplished’ PAGE 6

Overview of the Nigerian Prisons System PAGE 7

Oslo 2016, Where the World Said ‘NO’ to the Death Penalty

COLUMNISTS IDOWU OLOFINMOYIN The ‘White wing-tipped Collar’ is synonymous with the Advocate and the Advocate with oratory on what is pertinent, significant and what is poignant to contemporary life. And that is what The WhiteCollar column is, a variety column that discusses, by various written mediums, the legal issues that affect contemporary Nigeria, and hopes to inform meaningful discourse toward the ideal of our national community.

Idowu is Counsel with Norfolk Partners, and as well as expertise in Law and Litigation, he has interests in Culture, Sports and Entertainment.

He obtained a B.A. in Business Law and Marketing (Joint Hons.) from London Metropolitan University before his Post-Graduate Diploma in Law, Professional Training for the Bar and qualifying as a Barrister in England and Wales. He has an L.L.M from BPP University London.

PAGE 10

The Future of Public Law PAGE 12

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

/3

GUEST COLUMNIST

BY OLAWALE FAPOHUNDA

Nigerian Prisons Services: Practical Proposals for Reform

I

f there is one area that the Buhari administration is expected to excel, that area is in the reform of our criminal justice system. The rationale for this expectation is not far-fetched.

Many of the personalities in the administration are persons with vast experience in criminal justice theory, practice and advocacy. There can definitely be no issue of lack of subject-matter appreciation. ‘Change’ we all confidently chorused, at the inception of the administration, had finally come to the criminal justice system.

If the truth is to be told our expectations have not been met especially those of the millions of vulnerable Nigerians who are likely to experience first-hand, the failings of our criminal justice system. Worse still there appears to be little by way of policy or action plan that gives any indication if or when at all change will come to the sector. More depressing is what appears to be a preference by the administration for ad-hoc interventions that are not only unsustainable but in many ways a sad reminder of why our criminal justice sector seems to be jinxed.

A fallout from this tragic situation is the state of our prisons.

It has taken the security breach in Kuje prisons to draw national attention to the sorry state of our prison facilities. Two inmates escaped from what is supposed to be a high security facility.

The response of the administration, following the tradition of past administrations, was to set up an investigation committee while suspending the prison governor and fourteen prison officers. This committee like previous ones will in all likelihood make a lot of recommendations but will fail to speak truth to power and highlight what we all know-the security breach in Kuje prisons is evidence of a failed prison system for which the highest level of government must take full responsibility.

Kuje prisons, located in the FCT have a capacity of 560 beds.

At the date of the escape the prison population was 842. 215 convicts and 627 awaiting trial persons. Kuje prisons, services 107 courts across the FCT with seven vehicles. Three of these vehicles work on and off.

The leadership of our security agencies frequently admonishes their rank and file with the saying ‘for those whom much is given much is expected’. What about those in the prisons service whose officers have been given little to nothing to work with?

Can we in all fairness hold our prison officers to the highest level of professional standards in the absence of an affirming work environment?

One of the miracles of the Nigerian penal system is that in the face of glaring inadequacies we are yet to witness a massive jailbreak across many of our prisons nationwide. Given the prisoners’ population, the prisoner to prison officer ratio and the poor physical structure of these facilities, it is simply inexplicable that prisoners have not made a habit of walking out of prisons at their convenience. The most immediate problem facing the prison system is overcrowding. Many prisons are now operating at more than 150% of capacity. This has resulted in intolerable conditions. Concerns about poor sanitary conditions and feeding are rife; one in five prisoners in some prisons inspected last year by the National Human Rights Commission said they spent at least 23 hours a day locked in their cells. Overcrowding will stymie any attempt at progressive reform. A few examples may be worth noting. Port Harcourt Prisons, in Rivers State has a capacity of 804, today it holds more than 3,593 prisoners, Agodi Prisons in Ibadan, Oyo State has a capacity of 294, it now holds over 1000 inmates, Owerri Prisons in Imo State has a capacity of 548, it now holds just over 2,144 prisoners, Kano Central Prisons has a capacity of 690, there are now over 1,609, in Lagos State, Ikoyi Prisons has a capacity of 800, it now struggles with more than 2,239 inmates. I have deliberately mentioned these prisons because I do not have to be clairvoyant to predict that the next escape or jailbreak will come from any of these facilities. How prison officers manage security with this rate of overcrowding should rightly be the subject of a research paper for an advanced degree in Psychology.

It is worth repeating for emphasis, that keeping thousands of persons in our prisons without trial is not simply a law, justice and human rights issue or about costs. It is one of national security. The evidence of this can be seen first-hand in the ongoing struggle of our security agencies including the Nigerian Military to find secure prison facilities for arrested insurgents who constitute a clear and on-going threat to the peace and stability of Nigeria.

Going forward, there is little by way of recommendations for reform that has not been the subject of debates at conferences, high profile presidential committees or publications. In the course of writing this editorial, I did a quick count of the number of

prison-focused conferences, workshops and meetings that I have attended, chaired or facilitated since 1999. I stopped counting when I passed the thirty-two mark. I also reviewed several of my articles and publications on the subject matter in the last ten years and found that I have pretty much been saying the same thing.

Same issues, same proposals for reform that many of those who work on prisons reform in Nigeria agree are practical and sensible. A sad combination of ineffective political appointments, limited vision and absence of buy-in at the highest level of government has ensured that many of the issues that confronted us at the dawn of democracy in 1999 are very much still with us in 2016. In addition to overcrowding, outdated and archaic legal framework, colonial prison facilities, limited institutional growth, poor conditions of service for prison officers and above all a repeated inability of the political leadership of the Interior Ministry to develop and push through the desired reforms in the prisons system are the major obstacles to prison reform.

For what it is worth, it may be useful to restate a number of practical proposals for prisons reform. First, the self-evident truth is that change will not come to the prisons system without the personal intervention of Mr. President. The tough and possibly unpopular or politically incorrect decisions that need to be made require a hands on approach by Mr. President.

For example what are we going to do with the more than 40,000 remand persons in our prisons, a quarter of who have spent upwards of five to ten years awaiting trial? What do we do with the increasing population of persons on death row? Given the obvious weaknesses in our system, can we in fairness implement the death penalty? Similarly, change will not come to the prisons service if Ministerial interest is ad-hoc or limited to issues of employment, appointments and redeployment. The prisons cannot or in any case should not be administered on an ad-hoc basis. We urgently need to develop a sensible plan for prison reform that will deliver better outcomes and improve public safety.

I propose at least a three-year plan of action for the prisons service, time bound and costed with opportunity for implementation, monitoring and stocktaking. In my view priority interventions should include: access to justice programme for prisoners while taking cognisance of the inherent limitations in the criminal justice system, improving accommodation and training facilities of prison officers, modernising prison facilities, procuring additional vehicles for prisons service, better endowment for prisoner education, vocational training and rehabilitation programmes. On the issue of prisoner education and rehabilitation, if we really want to fight crime as effectively as possible, we must do more than just warehouse or incapacitate criminals for the length of their sentence. We need to ensure that when they leave jail they do not offend again.

The emphasis of our penal system must be on more effective rehabilitation. Our current approach is not working in the interest of prisoners. We need a new approach. At present, more than half of all prisoners are reconvicted of a crime within a year of being released. The evidence shows that education and employment are critical in reducing reoffending and therefore cutting crime – yet only around one in a hundred prisoners enters employment on their release. Worryingly, just one in ten leaves prison with an education or skill. This must be improved. Indeed an important area of review is the regime that limits the participation of remand prisoners in rehabilitation programmes.

Mr. President may want to consider a number of quick wins and immediate interventions. The Prisons Act, which governs the administration of prisons, was last reviewed in 1972. The Act is outdated and is today not relevant to the prisoners, prison officers and our security needs. It is inexcusable that the process for the enactment of a new Prisons legislation for Nigeria that commenced in 2000 is yet to be concluded in 2016. There are now three bills on the administration of prisons in the National Assembly. It is telling that none of these bills are executive bills. There is a need for an executive legislature parley on the appropriate legal framework for the prisons.

The need for a holistic review of the conditions of service for prison officers is fundamental to achieving progress in prisons administration. Success in improving the incarceration condition of prisoners will be dependent on prison staff having a pride in their work. I have said previously that the conditions under which the prison staff work is grossly

inadequate. The pay is poor and cannot match the dangers, emotional stress and social isolation that come with the job.

Inadequately motivated staff cannot find satisfaction in their jobs neither can they be expected to perform optimally.

Mr. President should consider appointing a Chief Visitor of Prisons to conduct prison inspections on a regular basis, respond to complaints, investigate deaths in custody and publish independent regular findings of his or her work and make appropriate recommendations for action to the President and National Assembly. The weakness of the current approach to prison visits is that there appears to be no formal process for any of the various monitoring or visiting systems to report on their findings either to the management of the Prisons Service, the relevant Ministries, the National Assembly or the President. In addition, none of the external agencies or individuals identified for conducting visits can do so on a full time basis, and the process, while extremely useful and important, is relatively ad hoc.

Perception of Corruption is one of the factors that have adversely affected the Prisons Service. The non-investigation of allegations of graft in the appointments and promotions of prison officers and that of pervasiveness of forged birth and education certificates have been obstacles towards achieving professionalism and efficiency in the administration of prisons. It is suggested that the administration should consider investigating these allegations. It may yet be that the perception is baseless but doing nothing is a recipe for loss of morale and disloyalty to the service.

It is simply inexplicable that a major security institution like the Prisons Service is excluded from the National Security Council. This is more so now that we are struggling with finding secure prisons facilities for insurgents. Mr. President should therefore consider appointing the Controller-General of Prisons as a member of the National Security Council.

I have at every public platform available to me repeatedly stated that an important step towards achieving effective and efficient prison administration is to remove the prisons service from the oversight of the Ministry of Interior and place it in the Ministry of Justice. The Ministry of Interior has for long supervised the Nigerian Prisons Service. The Ministry of Interior jointly supervises the prisons service and other paramilitary services like the Immigration Service and the Civil Defence Corps. The duties of the Prison Services are fundamentally different from that of the Immigration and Civil Defence Corps.

Therefore a situation where they are treated in the same way and administered by one administrative body will continue to militate against the efficiency and effectiveness of prison administration. For the same reason, Mr. President should support the establishment of a Prisons Service Commission to take over the functions of the Immigration, Prisons Service and Civil Defence Board as it relates to the administration of the Prisons.

There is a clear and present need to give prison governors greater operational and financial autonomy in the management of their prisons. We need to remove the bureaucratic micromanagement particularly from the Interior Ministry that disempowers them.

Prison governors must be able to decide how the prison budget is spent and should have operational freedom over education, discipline, family visits and prison work services.

Of course with this freedom and autonomy must come accountability and performance evaluation.

My final proposal is that given existing economic and political realities, Mr. President should facilitate a national dialogue on the desirability of state prisons opening the possibility of constitutional amendment. In my view the argument for state prisons has largely been misconceived and limited to the politics of a federal system. What Nigeria needs today is not a Federal or State prison but a prison system that meets minimum standards for the treatment of prisoners. However I am convinced that if states take financial responsibility for the administration of prisons, they would exercise better discretion in sending persons who come into conflict with the law to prison especially minor offenders.

In conclusion, I am under no illusion that change will come easily to the prisons- we are in many ways still stuck in the colonial era with old buildings, archaic laws, old thinking and old ways of doings things. However, we do not have to wait until the next jailbreak to begin the hard work of putting in place building blocks for a sustainable prisons reforms programme.

Olawale Fapohunda, is the Former Attorney- General of Ekiti State

4/LAW REPORT

19.07.2016

It is Mandatory for a Court to Hear the Parties on the Desirability or Propriety of Making an Order of Non-Suit Before an Order of Non-Suit is Made

I

t is a trite principle of law, as was held in the present appeal, that it is mandatory for the Court to hear the parties before making an order of non-suit. In the instant appeal, the Supreme Court held that the failure of the Court of Appeal to invite the parties to address it on the issue of non-suit was a breach of the Appellant’s right to fair hearing, it therefore allowed the appeal and thereafter remitted the appeal to the Court of Appeal to be heard by a different panel.

Facts The Appellant (claimant at the trial court) was appointed in 1981 by the 1st Respondent (defendant at the trial court) as the Manager Personnel and Administration.

During the course of time, he rose to the post of General Manager and occupied the position until 24th November 1992. The Appellant was subsequently appointed as the Managing Director of the 2nd Respondent, a subsidiary of the 1st Respondent. The necessary statutory documents were filed at the Corporate Affairs Commission in Abuja.

The Appellant continued to earn his previous salary and emoluments as he was earning in the 1st Respondent pending the approval of enhanced conditions of service by the 2nd Respondent.

The 1st Respondent, by a letter dated the 14th January 1993, informed the Appellant that his services were no longer required. The Appellant contended that the decision to terminate his contract was done before the Board of Directors of the 2nd Respondent sat and based on this, the Respondents had failed to comply with the Memorandum and Articles of Association of the 2nd Respondent and the Companies and Allied Matters Act and the Respondents were thereby liable to pay him damages for breach of contract.

The Appellant thereafter instituted an action at the High Court (“trial court”) against the Respondents seeking several declaratory and injunctive reliefs and damages for breach of contract of employment. The Trial Court entered judgment in favour of the Appellant in the sum of N5, 610,099.90 as damages for breach of contract and awarded the sum of N484, 909.00 in favour of the Respondents as the total value of the official cars attached to the Claimant.

Being dissatisfied with the decision, the Respondents appealed to the Court of Appeal (“court below”). The Court below affirmed the decision of the trial court and held that the Appellant’s employment was unlawfully terminated and he was entitled to damages. The Court below however, expunged Exhibit P.26, a certified true copy of the statement of claim, containing a detailed computation of the appellant’s entitlements, on the ground that pleadings do not constitute evidence. This led to the collapse of the substratum of the Appellant’s claim for damages.

The Court below thereafter applied the provisions of Order 34 of the Lagos State High Court Civil Procedure Rules 1994 (“Order 34”) in exercise of its powers under Section 16 of the Court of Appeal Act (“ Section 16 “) and made an order of non-suit. Order 34 states that the Court may suo motu or on the application of any party to the suit, make an order of non-suit where satisfactory evidence is not given, entitling either the Claimant or the Defendant to the judgment of the court. Section 16 empowers the Court of Appeal to make any Order, which the trial court is authorised to make.

The Appellant being dissatisfied with the decision of the Court below filed a Notice of Appeal to the Supreme Court and formulated three issues for determination in its brief of argument; a. Whether the learned justices of the Court of Appeal were right in ordering a non-suit in this case when the parties and/or their counsel were never invited to address the court on the propriety or otherwise of such an order? b. Whether in the circumstances of this case, the learned justices of the Court of Appeal were right when they held that the Appellant had not proved his entitlement to the damages claimed? c. Whether the learned justices of the Court of Appeal were right in expunging Exhibit p.26 from the record when the admissibility of Exhibit P26 was never a ground of appeal before the Court and there was no prayer by the Appellant (now respondent) requesting that Exhibit p.26 be expunged?

The Respondents adopted only the Appellant’s first issue as their sole issue. The Court in determining the appeal

K.M.O Kekere-Ekun JSC

In The Supreme Court of Nigeria Holden at Abuja On Friday the 26th Day of February, 2016 Before Their Lordships Kudirat Motonmori Olatokunbo Kekere-Ekun Walter Samuel Nkanu Onnoghen Nwali Slyvester Ngwata Olukayode Ariwoola Mary Ukaego Peter-Odili Clara Bata Ogunbiyi Justices, Supreme Court SC.92/2003 Between Chief Isaac Egbuchu ............. Appellant And Continental Merchant Bank Plc C.M.B. Homes Limited ...... Respondents Nigeria Deposit Insurance (Joined As Liquidator of Continental Merchant Bank) Judgment Delivered By Kudirat Motonmori Olatokunbo Kekere-Ekun , JSC

decided to adopt the said issue and thereafter stated that the determination of the said issue will determine if it will be necessary to consider the Appellant’s 2nd and 3rd Issue.

On Issue one, the Appellant argued that the Court below in relying on Order 34 and its powers under Section 16 in making the order of non-suit was enjoined by Order 34 to hear the parties before making the said order. He relied on ADELEKE v RAJI (2002) 13 NWLR (Pt. 783) 142, OLUSANYA v OLUSANYA (1983) 1 SCNLR 134 at 139 and Section 36 (1) of the 1999 Constitution (as amended) and submitted that there was breach of his fundamental right to fair hearing. He further submitted that he had proved his case for damages on the balance of probabilities on the printed evidence before the Court and that this is therefore not a case in which an order of non-suit ought to have been made.

The Appellant thereafter submitted that the Respondents' submission that the requirement to hear counsel before an order of non-suit is made is not mandatory is misconceived and does not represent the law. He relied on the Apex Court’s decision in DAIROVS v U.B.N. PLC & ANOR (2007) 7 SC (Pt. II) 97 122 and submitted that where the Court raises an issue suo motu the parties must be given an opportunity to be heard before arriving at a decision based on the issue and that in the absence of a cross appeal the Respondents had no right to urge the Court to vary the judgment of the Court below in ordering a dismissal of the Appellant’s case.

In response, the Respondents relied on the case of MAXWELL DOKPIRI ODI v HARRISON IYALA (2004) 8 NWLR (Pt. 875) 283 at 312 D-F where in the Court held that an order of non-suit is made where a Plaintiff is unable to prove his whole case. He further submitted that where there was a failure of the trial judge to make proper and specific findings and an appellate court can neither do the same on the printed evidence, a re-hearing or non-suit, depending on the circumstances of the particular case may be ordered.

Thereafter he submitted that the options open to the Court where an order of non-suit is made, is either to uphold the order or dismiss the appeal so that litigation may finally come to an end after nearly two decades.

The Respondents thereafter proceeded to examine Exhibit P26 relied on by the Appellant, its probative value and applicable law on the standard of proof in claim for damages, and submitted that it is only desirable and not mandatory for Court to hear Counsel before ordering a non-suit. He further submitted that in the event that the Court does not uphold the order of non-suit, the only option is to dismiss the appeal.

The Court’s Rationale and Judgment On Issue one, the Court stated that a non-suit will be made in the following circumstances; where the plaintiff has failed in to at all or entirely to prove his case, where the defendant is not in any event entitled to the court’s judgment and where no wrong or injustice to the defendant will be caused by such order and relied on OLAGBEMIRO v AJAGUNGBADE III (1990) 3 NWLR (Pt. 130) 37 (Pt. 130) at 42. Thereafter the Court held that the law is settled that a Court is not entitled to raise an issue suo motu and decide on it without affording the parties an opportunity to be heard because in doing so the Court is seen to leave an exalted position as impartial arbiter and descend into the arena of conflict. The Court relied on KUTI v BALOGUN (1978) SC 53 at 60, OBAWOLE v WILLIAMS (1996) 10 NWLR (pt 477) 146. The Court further held that an Appellate Court is not entitled to raise an issue not raised by either of the parties at the trial court or on appeal and base its decision thereon, without affording the parties an opportunity to be heard.

The Court thereafter in agreeing with the Appellant held that the Court below in exercising its powers under Section 16 is only empowered to make an order which the trial court is authorised to make and further held that Order 34 enjoins the Court to hear the parties on the propriety of making an order of non-suit. Based on this, the Court held that it is mandatory for the Court as held by the Apex Court in ADELEKE v RAJI (2002) 13 NWLR Pt. 783) 142 at 154 that parties must be heard before an order of non-suit is made.

The Court held that there is no doubt that failure of the Court below to invite the parties to address it on the order of non–suit was a breach of the Appellant’s rights to fair hearing guaranteed under Section 36 (1) of the 1999 Constitution as amended. The Court further held that the judgment of the Court below is a nullity and thereafter resolved the Issue 1 in favour of the Appellant.

Thereafter the Court held that Issues 2 and 3 could no longer arise for consideration, allowed the appeal and set aside the decision of the Court below and remitted the appeal to the Court below to be heard by a different panel.

APPERANCES E.A. Oyebanji Esq, M.O.A. Olawepo Esq and M.A.Olarewaju Esq. for the Appellant A.O.Wahab Esq. for the Respondents Reported by Ibukunoluwa Omotorera Owa, Aluko & Oyebode, Lagos.

19.07.2016

NEWS/5

LawPavilion Celebrates Jurists Launches Revolutionary Software Tobi Soniyi in Abuja

Mr Shadrach Igbanoi flanked by his parents Mr. and Mrs. Benson Igbanoi who are both lawyers at his Call to Bar last Thursday in Abuja

Nigerian Law School Campuses Fully Secured - DG Akinwale Akintunde The Director-General of the Nigerian Law School, Mr. Olanrewaju Onadeko, has allayed the fear of Nigerians on any form of security threats that might exist in the campuses of the Nigerian Law School.

Onadeko stated that in spite of the security situation in the country, adequate safeguard measures had been put in place for all the campuses especially those located in Yola, Kano and the Headquarters in Bwari, Abuja.

The Director General who disclosed this last Thursday at the 2016 Call to Bar ceremonies held in Abuja said all the Nigerian Law School campuses are now fully secured with well-fortified perimeter fences capped with concertina wire all through.

A total of 2,218 new wigs including a daughter of President Muhammadu Buhari, Halima and an 80-year-old, Pius Chuka Enebeli, were called to the Bar at two separate ceremonies.

Onadeko also acknowledged the cooperation of the Military authorities, particularly the Chief

of Defence Staff for their support and advice at all times for the security being enjoyed in all the Nigerian Law School campuses.

"Same goes to the Inspector General of Police and his officers and men for their support", he added.

The Nigerian Law School Director General also decried continuous violation of admission quotas by some Faculties of Law. He reiterated the essence of strict adherence to allocate students' numbers, by the Law Faculties.

According to Onadeko, the allocated figures are a product of empirical evaluation of available facilities in the Faculties and failure to keep to the numbers impacts negatively on the quality of the products.

He appealed to Universities to heed to the decision of the Council of Legal Education and the Universities Commission in respect of admission quotas.

"The extent of violation has been profound in some cases.

Some Faculties of Law have also had their accreditation withdrawn on this score, because it disrupts the projection of the Nigerian

Law School in the short and medium terms", Onadeko stated.

Speaking on insistence on good character as eligibility for admission into Law School, the Director General said it will help to shield the school from those with propensity to act at variance with the interest of their clients, the profession itself and the justice system.

In his address, Mr. Bandele A. Aiku SAN, a life Bencher and Chairman of the Body of Benchers congratulated the new wigs on their call to Bar and for becoming members of the Legal Profession. Speaking on the Legal Profession, he acknowledged that the Profession is Honourable, he explained that it is a Profession “where friends regard the brothers as Lords and however displeased with those Lords professionally these friends are, it is still as those Lords “Please”. He added that “Lawyers belong to one unique profession that can adequately, and does, shake the world.”

Commenting on the role of a Lawyer, he stated that “ A Legal Practitioner is not only an officer of the court performing duties

as such but holds a position of trust and confidence among members of the community.”

This makes him subject to a code of conduct known as the basic traditions of the profession which are both written and unwritten.

Mr Aiku asserted that after more than 50 years of practice he is satisfied that success at the Bar is much more than distinction in law exams but requires “correct behaviour”, a proper and professional spirit, proper understanding and wise use of tools of the craft.” He listed these codes as equality at the Bar, Respect to seniors, Help and advice to colleagues, courage and independence, respect to the court.”

After these words of advice, he observed that “the road to professional excellence at the Bar is long, tortuous, rough and bumpy. It is also exciting, intellectually, stimulating, challenging and glamorous.”

He concluded by charging the new wigs to serve Nigeria and Humanity with Justice and without fear or favour, affection or ill will.

Law practice in Nigeria just got much easier as Africa’s foremost electronic legal research and practice management tool, LawPavilion introduced a revolutionary software which will make getting relevant authorities as easy as pressing a button.

The LawPavilion Prime with Case Analytics contains the largest compilation of judgments in Nigeria.

This new software stretches law reporting to an impressive level as it provides users with unprecedented access to loci classici on all legal issues as well as principles of law.

It will also draw your attention to conflicting judgments.

The innovator of this radical software, LawPavilion described its usefulness thus: "Meticulously analysed data for you to confidently evaluate cited authorities with extensive details on how, when and where principles of law have been relied on and whether or not they were upturned, upheld, or there are conflicting judgment. It offers you a well-equipped e-store with books and journals, providing you with spot on information."

With the introduction of this software on Tuesday 12th, July 2016, LawPavilion has indeed raised the Bar and makes law practice easier for lawyers who key into the system.

The event, which took place at the Sheraton Hotel, Abuja was jointly organised by LawPavilion and the Nigerian Institute of Advanced Legal Studies (NIALS).

In attendance were the Vice President Professor Yemi Osinbajo SAN, three former Chief Justices of Nigeria- Muhammadu Lawal Uwais, Dahiru Musdapher and Mariam Aloma Mukhtar along with serving justices of the Supreme Court as well as eminent retired jurists and the cream of the legal profession.

Also in attendance were justices of the Court of Appeal and high court.

Tagged “Words in Gold – A Celebration of Judicial Excellence”, the event was a celebration of Nigeria’s foremost jurists through the years and included the introduction of revolutionary software called “Law Pavilion Prime” to the audience before its eventual launch at the forth coming Nigerian Bar Association's conference in Port Harcourt, Rivers State.

All serving justices of the Supreme Court (JSC) that were present went home with an award of two compact disks well packaged inside a golden case.

The two CDs given to each justice contained all the judgments delivered by them. What has changed is that the justices no longer need to carry volumes of paper work. All they need to do is insert the CD into their laptops and they can access salient judgments. .

Several awards were also given in recognition of the invaluable work of the nation’s foremost jurists. An Award was given to the first indigenous Chief Justice of Nigeria – Justice Adetokunbo Ademola CJN (Rtd), which was handed over to his grandson, Justice Adeniyi Ademola of the Federal High Court, Abuja. The first female CJN, Justice Aloma Mariam Mukhtar also got a special award.

Another category of award went to jurists who delivered judgments that resulted in legislation. This included the late Justice Kayode Eso, JSC who delivered the leading judgment in MILITARY GOVERNOR OF LAGOS STATE v OJUKWU and Justice Emmanuel Ayoola JSC who delivered the leading judgment in NJOVEH v STATE. Other categories of awards include the award for “symbol of judicial role model”, “courage and forthrightness” which went to Justice Muhammadu Uwais.

Others who won awards in the same category include Justice Chukwudifu Akunne Oputa JSC and Justice Chukwunwike Idigbe JSC of blessed memory.

Lagos Sensitises Officials on Contract Formation, Disputes Avoidance and Resolution

ICC Nigeria to Discuss Sustainable Development Goals at AGM as It Admits New Members

Akinwale Akintunde

Akinwale Akintunde

The Lagos State Government last Thursday, hosted a stakeholders’ meeting to senstitise its officers on contract formation and Implementation.

The meeting which held at Adeyemi Bero Auditorium, Alausa Secretariat, Ikeja was organised by the Directorate of Commercial Law of the Lagos State Ministry of Justice.

The Lagos state Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem stated that the enforcement of contracts and business agreements is the most important determinant of economic development.

Kazeem, in his keynote address on the topic, "Contract Formation, Disputes Avoidance and Resolution" noted that countries with predictable property rights protection as well as predictable rules for resolving businesses and contract disputes provide a better environment for economic growth than those that do not.

He emphasised that the mis-

sion statement of the Economic Empowerment and Development Plan of the Akinwunmi Ambode’s Administration is to achieve a vision of poverty eradication and attain sustainable economic growth through infrastructural renewal and development.

According to him, contract formation and contract disputes avoidance and resolution play a crucial role in economic development because it allows individuals to conduct their transactions with some predictability.

The Attorney-General explained that the stakeholders’ meeting will provide an opportunity for the Directorate of Commercial Law of the Ministry of Justice and all parties involved in project execution for the state government to bring their challenges to the fore, discuss them and together chart a way forward.

He listed such contractual agreement to include those relating to abandoned projects,

Technical Glitches with the Advance Payment Guarantees and Bonds from banks, Non-compliance with terms and conditions of contracts , Bureaucracy within the System, Poor monitoring of projects and Messy legal disputes between the state and contractors.

"Thus, this Forum is important because our roles as a Government and Contractors are critical to the well-being of the average Lagosian. It is important because the good people of Lagos trust us to provide the necessary facilities to make living in Lagos State easier", Kazeem added Earlier in her welcome address, Lagos state Solicitor General, Mrs. Funlola Odunlami explained that the forum was organised to ensure that those who undertake projects on behalf of the government come together in order to have a clearer understanding and brainstorm to ensure that such assignments are better executed by ensuring compliance with the contract.

The International Chamber of Commerce Nigeria (ICCN) will on Thursday, July 21st, 2016 hold its Annual General Meeting (AGM) and the introduction ceremony for new members at The Metropolitan Club, 15, Kofo Abayomi Street, Victoria Island, Lagos.

A statement signed by the Secretary General of ICC Nigeria, Mrs. Olubunmi Osuntuyi, stated that this year's AGM which is sponsored by Guaranty Trust Bank Plc, will feature the traditional Post AGM Talk on 'The Importance of Aligning Business to the 2030 Agenda, the New UN Sustainable Development Goals (SDGs)' to be delivered by Bashorun J.K Randle, Chairman/Chief Executive, J.K Randle Professional Services.

According to the statement, given the growing strategic importance of the issue, ICC Nigeria’s Post AGM Talk will take a deep dive, gathering experts and key stakeholders from the public and private sectors to explore all the practical implications for key

operators arising from the SDGs. "Adopted in New York last year, the SDGs have been anchored on the respect of human rights and confirmed that the role of the private sector will be a key driver of the implementation of SDGs. Business leaders representing companies with operations in over 190 countries have thrown their weight behind the new SDGs with the launch of the ICC Business Charter for Sustainable Development (Inspire & Grow your business in the 21st Century).

"With the right strategies in business, as an essential part of the solution to the big issues facing the world today: from raising people above the poverty line to eliminating corruption, from combatting climate change to promoting peace and global stability", it stated.

The Chief Host, Mr. Babatunde Savage, Chairman of ICC Nigeria, together with other Board members, will formally welcome all new members into the Chamber.

The new members include Nigerian-British Chamber of

Commerce, Vitafoam Nigeria Plc, Accendo Law, Goldlink Insurance Plc, Nigerian Association of Chambers of Commerce, Industry, Mines & Agriculture (NACCIMA), Abuja Chamber of Commerce & Industry (ACCI), Global Golf Ltd, Sapiential Solicitors & ADR Practitioners, Capegate Investment Company Ltd, Adegoke & Co. Other highlights of the AGM include the report of the 1st ICC Africa Regional Arbitration Conference held recently in Lagos, Nigeria, an appraisal of other major activities and achievements of the Chamber in the year ended as well as latest developments around the world as regards trade, commerce and investment.

The ICCN AGM would also be witnessed by members of the Diplomatic Corps, notable business leaders and captains of Industry in both the private and public sectors of the Nigerian economy.

ICC is the largest, most representative business organisation in the world. Its global network comprises over 6.5 million companies.

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19.07.2016

Court Delivers Landmark Judgment on Work Place Discrimination on HIV Status of an Employee

Faruq Abbas

M

r. X commenced a lawsuit against Smiridu Nigeria Limited at the National Industrial Court (NIC), Lagos (Suit No. NIC/ LA/265/2015) seeking, inter alia, a declaration that the termination of his employment by the Respondent on 24th March 2015 constitutes a violation of his fundamental rights to human dignity and freedom from discrimination as guaranteed by sections 34 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 2, 5 and 19 of the African Charter on Human and Peoples’ Rights on the ground that his termination was based on the discovery that he is HIV positive. The Applicant also sought for general, aggravated and exemplary damages against the Respondent for the shabby and wrongful manner in which his employment was terminated.

The pertinent facts of the case are as follows: the Applicant contended that the Respondent had a policy of mandating its employees to undergo HIV tests at various times of the year and on one of such occasions, he was discovered to be HIV positive. Upon discovery of the Applicant’s HIV status, his Line Manager asked him to go home to take care of himself and never return to the office. The

Applicant’s solicitor consequently wrote a letter to the Respondent requesting it rescind the termination of the Applicant’s employment and compensate him, but the Respondent did not respond to the letter.

As a result of the above, the Applicant filed an Originating Summons and a Written Address at the NIC through his solicitor, Mr. Faruq Abbas of Abdu-Salaam Abbas & Co., by which he requested for the reliefs stated above.

The Respondent’s Counsel filed a Written Address in response to the lawsuit where he argued that the Applicant’s employment was not terminated and that the Applicant failed to resume at work based on his inability to come to terms with his HIV status. The Respondent however conceded that the last time it paid the Applicant’s salary was in March 2015 and it did not make any attempt to visit the Applicant at his residence. The Respondent’s Counsel raised other arguments and objections, which includes— challenging the competence of the lawsuit on the ground that it ought to have been commenced through a writ of summons since the facts of the case were purportedly disputed.

Decision of the Court In a judgment which was delivered on 15th July 2016, Honourable Justice Obaseki Osagie agreed with the Applicant’s Counsel’s argument that the Applicant was constructively dismissed from employment and that his dismissal amounted to a violation of his fundamental right to human dignity and freedom from discrimination since it was ostensibly

premised on his HIV status.

The Court also held that it was unlawful for a Company to mandate its employees to undergo any form of medical test, as doing so would amount to an invasion of the employees’ right to privacy and flagrant disobedience of section 10 (6) of the Protection of Persons Living with HIV and Affected by Aids Law of Lagos State, 2007. It is instructive to state that the Protection of Persons Living with HIV and Affected by Aids Law of Lagos State, 2007 makes it an offence for a company to mandate its employees to undergo any medical or clinical tests.

The Court therefore awarded general damages in favour of the Applicant for the violation of his fundamental right to human dignity and freedom from discrimination (24 months gross salary as general damages and 1 month salary in lieu of notice).

Lessons from the NIC’s Decision One of the major lessons from this decision is that the mere fact that an employer terminates the employment of an employee without giving any reason for doing so will not protect the employer from a work place discrimination lawsuit.

This is because the Court will not hesitate to award significant damages against an employer, where the employee is able to adduce credible evidence showing that his/her employment was terminated based on a health related condition that does not in anyway affect the employee’s ability to perform his/her duties.

Another important lesson is that

employers must refrain from making it compulsory for their employees to undergo any form of medical or clinical tests, as this would be regarded as an invasion of the employees’ right to privacy and contravenes section 10 (6) of the Protection of Persons Living with HIV and Affected by Aids Law of Lagos State, 2007. Therefore, employers must ensure that their health policy/handbook contains ample provisions, which make it clear that the employee has a right not to submit to a clinical or medical test and the failure to submit to such test would not be punished in any manner whatsoever.

Lastly, employers in Nigeria must, as a matter of policy, always consult their external Counsel before taking decisions regarding the termination of an employee’s employment, as failure to do so might affect the image of the company and expose it to prosecution for a breach of the Protection of Persons Living with HIV and Affected by Aids Law of Lagos State, 2007 and other similar legislations in Nigeria.

Conclusion It is expected that the NIC’s decision will help to stem the tide of work place discrimination on HIV related grounds in Nigeria, as a significant number of employees who have been victims of work place discrimination on HIV related grounds are usually not bold enough to seek redress in the Court.

Faruq Abbas, MCIArb is the Managing Partner of Abdu-Salaam Abbas & Co.

Legal Personality of the Week Olayemi Ayanechi

‘For a Lawyer: the Art of Learning is Never Accomplished’ My name is Olayemi Anyanechi. I am the Managing Partner of Sefton Fross, a firm specialised in Energy and Natural Resources as well as Banking and Finance law. I graduated with a Bachelor’s degree in law from the University of Ibadan at the top of my class in 1996 and I obtained a Second Class Upper Division from the Nigerian Law School, Lagos in 1997. I was called to the Nigeria Bar in February, 1998.

I started my professional career as a Banker with the Merchant Banking Corporation of Nigeria (now part of First Bank of Nigeria) until 2002; and thereafter went for a Master’s Degree in corporate and commercial law from the University of Cambridge, UK in 2003. I was a Chevening Scholar as well as a Pegasus Scholar of the prestigious Inner Temple of the United Kingdom.

I came back from my masters to practice at the law firm of Olaniwun Ajayi. Following that I took up the role of General Counsel at Sahara Energy Resources Limited, one of Nigeria’s leading energy companies. I later joined Templars as a Partner in 2006. I felt the need to push myself to a higher level of professional advancement and started Sefton Fross law firm in 2010.

Sefton Fross has gone ahead to win several notable laurels in the short time it has been launched including the ESQ Legal Awards ‘Energy Firm of the Year’ in 2014 and ‘Oil and Gas Firm of the Year’ in 2015.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

My main challenge as a lawyer has been refusing to compromise quality standards in an environment that has commoditised specialised services. A lot of Nigerians (and Nigerian companies) see legal services as interchangeable from one provider to the next and the jocular question “wetin laywers dey do sef?” is sometimes quite reflective of the Nigerian perception of legal (and professional) services as a whole. The problem with commoditisation however is that price – and not quality - becomes the major distinguisher of one brand from the next.

Olayemi Ayanechi

This means even reputable law firms have had to lower prices significantly just to continue to meet their overheads. The result being that they assign specialised work to juniors who lack the ability to handle it, which undermines quality.

Sefton Fross’ promise is to consistently render top notch legal services and it is a constant challenge to provide the excellent services we offer at the cheapest yet viable rate possible.

What was your worst day as a lawyer?

This was the day I realised one of my associates had bungled a Client’s perfection of security . Even though I had technically done all I should have done as the Partner in charge, I still considered myself responsible. We did eventually get the matter sorted out, but it was a nightmare for a finance lawyer to realise a loan had gone bad and the security was not in place. The important lesson from this incident for me was to only trust what I see which has helped me to avoid

similar mistakes.

eight years old so law was a credible alternative.

What was your most memorable experience?

When a friend called to inform me that Sefton Fross had won the ESQ Nigerian Legal Award for ‘Energy Law Firm of the Year’ in 2014. My lawyers literally forced me to enter for the award because I thought we were too new in the market to win. I was actually in London attending to a matter during the Awards event, so imagine my surprise when my friend called to let me know that Sefton Fross won an Award? It was a very positive moment in my career.

What would your advice be to anyone wanting a career in law?

I would tell them being a lawyer is a lot of hard work and getting a law degree is only the beginning.

I would advise them to have a thirst for knowledge, to challenge every theory, gratify the curiosity of an inquisitive mind, press to find an answer to every question, innovate the accomplishment of the most basic task.

I would advise them to keep an open mind, understand that every person has some wisdom to offer, and to learn something from every adversary that comes their way. Not to leave a negotiating table with the same knowledge they came with.

I will encompass this in one statement: “The art of learning is never accomplished”.

Who has been most influential in your life?

My work ethics, my ethos, principles, total commitment to my job and unerring punctuality, I got from my father, Mr. Joseph Ade Ojo. Growing up, we were taught that freedom comes with responsibility, and with leadership comes accountability. These principles have guided everything I have done in my life.

However, my husband, Onyeka Anyanechi has been the most influential person in my adult life. My husband is my greatest fan and I really would not have gotten where I am today without him. He believes in me 110% and when someone has so much faith in you, it is easy to believe in yourself and face your challenges head-on because you know someone has got your back.

Why did you become a lawyer?

Deep down I am a mathematician with a natural affinity for the sciences and getting to quod erat demonstrandum is part of me. Studying Chemistry in University however fell short of my expectations, because science laboratories in Nigerian universities in the late 80s – early 90s were not that well equipped anymore. When you take my love for proving theorems, breaking down issues and solving problems, law seemed the next best choice, without facing the challenges of inadequate infrastructure. I had also been involved in public debates since I was about

If you had not become a lawyer, what would you have chosen?

I would have become a scientist and a Chemistry Professor. Considering I was a math and science prodigy, this would have been a perfect career for me. I studied Chemistry at the University of Ibadan for two years and transferred to law in my third year. Former school mates and teachers are totally astounded when they hear that I am a lawyer. I would have enjoyed the challenge of contributing to science and developing technologies that alleviate human suffering and save lives.

Where do you see yourself in ten years?

There are so many things I still want to do, writing being a very significant part. I am currently working on my first book and hope in ten years I would have several titles that add value to law students and legal practitioners towards continuous legal education. I expect that in ten years Sefton Fross would have grown to be one of the largest top tier law firms in Nigeria, with offices in other countries, and that some other equally capable partner would be at the helm of affairs of the firm, thus giving me the opportunity to explore my more academic side.

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Overview of the Nigerian Prisons System Nathaniel Ngwu Introduction 1. Our prisons have over the years been a source of concern due to overcrowding, under staffing, lack of adequate medical care, inadequate conditions for female and juvenile detainees, poor administration, long detention of those awaiting trial and limited access to legal advice and representation. These have frequently led to poor health conditions including frequent jailbreaks.

2. A humane system of imprisonment would aim to imprison only those Individuals who could not be dealt with by any other means. It’s care of staff and prisoners would aim to treat people with respect as individuals, help them to retain their human dignity, establish their rights and obligations, provide opportunities for selfemployment, and assist them to maintain contact with the outside world and build a way back to the outside community.

Nigerian Prisons Service 3. The vision of the NPS is “to create a Prison Service in Nigeria that is able to contribute to meeting the challenges of ensuring a secure and peaceful Nigerian society through the implementation of humane penal programmes. To establish a credible Prisons Service which through excellent penal practice, seek lasting change in offenders attitudes, values and behaviour and ensure successful reintegration into society” 4. There are 240 prison facilities in Nigeria (138 main prisons, 85 satellites,14 Farm Centres, 3 Borstal institutions). The staff strength of the NPS is 28,065. With the imminent retirement of many officers in the period 2014 - 2016 this number may drop by as much as 4,000.

Challenges Archaic Legislation 5. Prison law reform is the first step in the creation of a proper context for a humane prisons system. The Prisons Act 1972 is palpably outdated. The Act does not provide for the proper and efficient administration of prisons, protection of human rights and upholding of international standards. The need therefore for a new Prisons Act that would bring the prisons regime in line with constitutional and international human rights standards cannot be overemphasised.

5.1. A Bill to amend the Prisons Act 1972 was first laid before the House of Representatives in 2001. It was passed by both Senate and the House of Representatives in 2015. The Bill has never received Presidential assent.

There are now three Bills on Prisons in the National Assembly.

Condition of Incarceration Overcrowding by Awaiting Trials 6. The creation of States and Local Governments over the years did not reflect in the number of Prisons built even though it led to the multiplication of Police and Courts’ jurisdictions. The Prison facilities did not multiply by the same geometric proportions in which Police, Courts and Ministries of Justice components of the Criminal Justice System expanded during the creation of States and Local Governments. This political development increased the scope and operations of the Police and the Courts and led to an increase in the number of suspects and convicts committed to prison.

7. The majority of persons in prisons are remand prisoners. The total prison population (as at June, 2016) is 63,142 broken down as follows: Male 62,009, Female 1043. Total number of convicts 17,879; 45, 626 are Awaiting Trial Persons. The rate of overcrowding in Nigerian prisons in general is 70%, however there are specific prisons with overcrowding rate of 90%. The inability of the courts to process persons charged with criminal offences quickly has led to the congestion of this population in our prisons.

8. One of the main reasons for the inability of the courts to process offenders quickly is due to the limited transportation infrastructure of the NPS. Specifically, the total number of vehicles available for the NPS to transport offenders to courts nationwide is two hundred and sixty-eight (268) (with a coverage area of seven hundred and seventy-four (774) local governments areas and five thousand and twenty two (5,022) courts across the thirty-six states of the Federation and the FCT) For example: Kuje Prison services one hundred and seven courts within and around the FCT, the total number of Black Maria (small vans) available are seven, three of these are in bad condition.

Poor Prison Facilities 9. It is the duty of the NPS to provide secure custody for those committed to its care by the courts. Secure custody means keeping the prisoners safe in humane custody. Inmates are housed in squalid and congested cells due to lack of structures. Most of the prisons in use are pre-colonial and colonial prisons built almost 100 years ago.

9.1. In recent times cellblocks have been built in some

of the prisons but they are quickly used up. Out of the 47 prisons proposed by the Federal Government in 1980 to expand prisons in ten years, only 20 have been completed 35 years after. None of these are modern in any sense.

Limited Rehabilitation Opportunities.

10. Congestion is a hindrance to the attainment of the mandate of the prisons in terms of inmate training and rehabilitation. Most of the Prison workshops have all gone into obsolescence. No one seems to complain because there are really very few convicts to train.

10.1. There is a need for better endowment and monitoring of the Aftercare programme of the NPS. Through this programme, many discharged prisoners who showed proficiency and seriousness in the trades they learnt, have been equipped with the necessary tools to carry on with the vocations after discharge.

The limited funding of the continuous adult education programme of the NPS is a challenge. This lost opportunity becomes more glaring when the success of this programme is noted. A total of 288 prisoners are currently studying in the National Open University Study Centres in 10 prisons.

Prison Administration Conditions of Service of Prison Officers 11. Any improvement in conditions for prisoners will be dependent on prison staff having a pride in their work and a proper level of competence. The conditions of service under which the prison staff work are grossly inadequate. The pay is poor and cannot match the dangers, emotional stress and social isolation to which prison officers are exposed. It is obvious that inadequately motivated staff cannot find satisfaction in their jobs neither can they be expected to perform optimally.

Skills Development of Prison Officers 12. The manpower training component of Prisons Administration in Nigeria leaves much to be desired. Apart from the basic training both for recruits and officer cadets which are compulsory but are not often regular, all other training programmes are tied to promotion of the officers and men. And these are quite few.

12.1 Professional training for the officers in the various areas of prisons administration and corrections are not available in the Nigerian Prisons Service. Courses in corrections, offender management as well as innovative training guides for modern day offenders’ management are absent. And indeed not known. The essential courses on prison administration are absent.

Corruption 13. Corruption is one of the factors that have adversely affected the Prisons Service. The noninvestigation of allegations of graft in the appointments and promotions of prison officers and the pervasiveness of forged birth and education certificates have been an obstacle towards achieving professionalism and efficiency in the administration of prisons. The effect of this is general loss of morale and widespread lack of confidence in the Service. This last factor is at the root of the disloyalty displayed by staff in recent times.

Prison Oversight 14. The Nigerian Prisons Service has for long been supervised by the Ministry of Interior (formerly Internal Affairs). The Ministry of Interior jointly supervises the Prisons Service and other paramilitary services like the Fire Service, The Immigration Service and the Civil Defence Corps.

14.1. The duties of the Prison Services are fundamentally different from that of the Fire Service, Immigration and Civil Defence Corps. Therefore a situation where they are treated in the same way and administered by one administrative body will continue to militate against the efficiency and effectiveness of the Prisons Service.

Prison Visitors 15. The weakness of the current approach to prison inspections is that there appears to be no formal process for any of the various monitoring or visiting systems to report on their findings either to the management of the Prisons Service, the relevant Ministries, the National Assembly or the President. In addition, none of the external agencies or individuals identified for conducting visits can do so on a full time basis, and the process, while extremely useful and important, is relatively ad hoc.

The United Nations has Standard Minimum Rules for the Treatment of Prisoners which were originally endorsed by the UN Congress on the Prevention of Crime and Treatment of Offenders in 1955, and approved by the UN Economic and Social Council in 1957. The Rules were later revised on 17 December 2015. It lists the minimum requirements for the treatment of prisoners and the management of Penal Institutions some of the rules are are as stated below: Rule 1 “All prisoners shall be treated with the

Controller-General of Prisons, Ja'afaru Ahmed

respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.”

Rule 3 “Imprisonment and other measures that result in cutting off persons from the outside world are afflictive by the very fact of taking from these persons the right of self-determination by depriving them of their liberty. Therefore the prison system shall not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent in such a situation.”

Rule 4 “The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and self-supporting life.”

2. To this end, prison administrations and other competent authorities should offer education, vocational training and work, as well as other forms of assistance that are appropriate and available, including those of a remedial, moral, spiritual, social and health- and sportsbased nature. All such programmes, activities and services should be delivered in line with the individual treatment needs of prisoners.”

Rule 11 “ The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus: (a) Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate; (b) Untried prisoners shall be kept separate from convicted prisoners; (c) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; (d) Young prisoners shall be kept separate from adults.”

Rule 12 “Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself or herself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room. 2. Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the prison.

Rule 15 “The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.”

Rule 23 “Every prisoner who is not employed in outdoor work shall have at least onehour of suitable exercise in the open air daily if the weather permits.”

Rule 24 “The provision of health care for prisoners is a State responsibility. Prisoners should enjoy the same standards of health care that are available in the community, and should have access to necessary health-care services free of charge without discrimination on the grounds of their legal status.”

Rule 30 “ A physician or other qualified health-care professionals, whether or not they are required to report to the physician, shall see, talk with and examine every CONTINUED ON PAGE 11

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19.07.2016

‘Nigeria’s Problem is Simply the Failure of Political Leaders to Rebalance the Federation’ The Buhari administration has since inception been faced with several challenges. From insurgency, militancy, corruption, economic downturn to recent agitations for restructuring the federation. In an interview with May Agbamuche-Mbu, Jude Igbanoi and Tobi Soniyi, former NBA President Olisa Agbakoba SAN proffered possible solutions to the present political challenges and expounded his views on other matters of national importance.

Olisa Agbakoba SAN

A

fter nearly four decades at the Bar, an illustrious career that has earned you a reputation as one of the foremost Human Rights lawyers in Nigeria, and an expanding legal practice covering the length and breadth of a full service law firm from Arbitration to Maritime law. What is it that motivates you today and how has that changed over the various periods of your career?

I am motivated by the quest to see Nigeria attain democracy in the real sense. Nigeria at best can be said to be illiberal or a semi autocratic country with institutions heavily subverted. As you know, law plays a crucial role in deepening democracy. I have a strong interest in helping our constitutional process. Generally there is a legal failure in Nigeria and a sense of civil disorder. I think I have a role to play in the resolution of these challenges. I also get motivated to use the tools of development law for economic development.

You have made it one of your goals to speak up strongly against what you perceive to be injustices and anomalies in national

PHOTOS: Sunday Adigun politics and in the application of the law in Nigeria. What injustices and anomalies do you see as the challenges of today’s democracy?

The big challenge confronting democracy in Nigeria is the unwillingness of political leaders to grapple with the many problems confronting Nigeria. With Nigeria, in low grade civil war, from Boko Haram to Niger Delta Avengers, to pro Biafra agitation and now the Bakassi Militancy, it ought to be clear that nothing short of an honest solution by our political leaders, will resolve our problems. Nigeria’s problem is quite simply the failure of our political leaders to rebalance the Federation. The Federal Government exercises 98 items of power. 68 of these items are on the exclusive list in the Constitution, while 33 are on the concurrent list. Only the Federal Government can exercise powers on the exclusive list. The states can only exercise powers on the concurrent list if the Federal Government is not interested. This means that Nigeria is not a Federation but a unitary state.

The contradictions thrown up by this process is the result of the chaos and contagion you see in Nigeria.

How should these injustices and anomalies be resolved in the interest of advancing our democracy?

There has been no lack of effort to resolve the contradictions I have highlighted. We have had series of constitutional conferences going back to General Babangida and ending with President Jonathan. Many proposals to resolve these challenges were agreed at constitutional conferences but the problem has been the lack of political will to implement. My proposal, having served as a member of the Jonathan Conference is for President Buhari to implement those cornerstone agreements reached at that conference. I suggest President Buhari sends an Executive Bill for an enactment to devolve certain powers from the federal to state governments. I have produced a bill and sent to the National Assembly which recognises sub national diversities across the six-geo-political

"GENERALLY THERE IS A LEGAL FAILURE IN NIGERIA AND A SENSE OF CIVIL DISORDER. I THINK I HAVE A ROLE TO PLAY IN THE RESOLUTION OF THESE CHALLENGES"

zones. Our democracy will be strongly enhanced if, to use the political cliché common in Nigeria, the federation is ‘restructured’.

Access to Justice is one of the hallmarks of democracy and delays in the administration of justice hamper this. In your opinion what short term solutions can be introduced to improve access to Justice in Nigeria?

In my view, access to justice is a small issue in the broader policy context of Administration of Justice. Administration of Justice in Nigeria is in a very parlous state. There are a number of structural challenges. First, is an over centralised judicature. This is similar to the point made earlier about an over centralised Federal Government. At the National Conference we, in the legal and justice committee, agreed to ‘restructure’ the Judicature as the third branch of government. Restructuring will mean devolving judicial authority from the centre to the states. This in turn will impact on the speed and access to justice. A related concern is how the courts work. As a former member of the National Judicial Council, I say that the operating models of the courts in Nigeria are outmoded. We need to comprehensively review our rules of court, practice, protocols and guidelines to achieve effective management of cases. The Judge should no longer

19.07.2016 "NIGERIA’S PROBLEM IS QUITE SIMPLY THE FAILURE OF OUR POLITICAL LEADERS TO REBALANCE THE FEDERATION. THE FEDERAL GOVERNMENT EXERCISES 98 ITEMS OF POWER" be a spectator allowing legal disputes to go in court completely unmanaged. I look forward to the automation of court infrastructure, capacity building for judges and wellbeing of judges.

Let me add that our courtroom infrastructure is so dilapidated that I expect the Chief Justice of Nigeria to make a strong representation on this point. You will obviously recall I went to court to seek a declaration concerning the constitutional framework of funding the Judiciary. I am happy to say that I won the case. The case freed the Judiciary from the shackles of the Executive.

But to my shock the Judiciary has done nothing to enforce the judgment. I will like to make a slightly different point about the Judiciary. We need to see a very good mix of appointments coming from the Bar to the Bench as I feel it will improve its quality. Actually, I was the first to apply to be appointed to the Supreme Court under Chief Justice Uwais. Back then, it was seen as heresy. But today the National Judicial Council has agreed in principle that SANs can be appointed. But I sense that they would like us to start from the Court of Appeal.

My learned brother Tony Idigbe SAN, applied to the Supreme Court but missed out on a role there. I hope one day to see one of us on the Supreme Court bench. And many others at other levels of courts.

You are the founder of the Human Rights Law Society (HURILAWS) the NGO with particular focus on influencing and advancing Human Rights Law in Nigeria. Could you briefly evaluate the state of human rights in Nigeria?

The state of human rights in Nigeria is far from satisfactory. That’s all I need to say on this.

What is your assessment of the Government's fight against corruption? Do you think the Rule of Law is being strictly adhered to?

The Government has shown some muscle to deal with endemic corruption in Nigeria. The rule of law has not been adhered to in this process.

But it seems Nigerians are not interested in this.

While I do not support bending the rule of law, I can understand why Nigerians take this view.

Corrupt practices in Nigeria beggar belief, so no wonder the perception that popular justice is alright if it gets at the thieves. But I think the Government can design a more institutional process to combat corruption. This will mean major institutional changes to the work of the EFCC, for example in developing capacity. I have always felt the strong need to unbundle the EFCC into two agencies; one dealing with investigation and the other with criminal prosecution. This is the standard international best practice.

Recently, the Federal Government set up a committee led by the Attorney General of the Federation to prosecute high profile cases. Is there a legal basis for the committee?

And does it not amount to duplicity since we have the EFCC and ICPC? This question has been partly answered by the preceding question. I recommend that the Attorney General of the Federation redesigns the legal and institutional framework for dealing with corruption cases. As I said earlier, separate investigation and prosecution. Agencies can and should be introduced. There is no reason why the EFCC and ICPC cannot be merged so that there is a stronger platform to prosecute crimes falling under their respective mandates.

The report of the Sovereign National Conference, of which you were a prominent member, still has not been published nor have any of its major findings been adopted by the Federal Government. What parts of that Conference’s findings do you believe to be of paramount importance and necessary for implementation?

I have touched on the conference report in an earlier question and I would like to deal with what I think is the best way to proceed.

As you recall President Buhari has said that the Jonathan Conference report will go to the archives. I think in Nigeria, there is lot of emotion about the phrase “restructure”. “Restructure” is a more commonly accepted term, in the south than in the North. I think we can all agree, and this would ordinarily, include both President Jonathan and President Buhari, that our country faces severe political and economic problems.

COVER/9 Proceeding from this, what President Buhari can do is leave out the emotively charged term, ‘restructure” and simply proceed to rebalance the Federation. Rebalancing the Federation involves matters as simple as transferring power to issue a driver’s license from the Federal to State governments. In my draft bill on devolution of powers, I identified 36 items that can be transferred from the Federal to the State and Local Governments. The President can initiate this process without too much fanfare and without reference to divisive issues.

The Nigerian Bar Association will in a few days’ time elect its national officers.

What is your advice to Nigerian Lawyers on choosing the next NBA President, having held that office before?

Merit must be the most crucial attribute to guide Nigerian lawyers in deciding the next NBA president.

Stakeholders in the Electoral Process have raised concerns over the legal regime governing elections in Nigeria. What are your comments on the adequacy of the legal regime governing Elections in Nigeria?

The legal regime relating to the electoral process is far from satisfactory. As you probably recall I was a member of the Justice Uwais Electoral Committee and we made far reaching recommendations. Some of the recommendations have been implemented but others remain unimplemented. INEC needs to be unbundled of the responsibilities for registration, regulation and supervision of political parties. It is inconsistent with INEC’s work as a referee and umpire. INEC may be accused, of partisanship if it disqualifies a political party, even though all INEC is doing is exercising its regulatory duty.

When I was being strongly considered for INEC chair, I took time to review how many parties complied with electoral regulations and to my shock, very few did. This point remains true as most parties always fail to comply with electoral laws and ought to have had their registrations withdrawn. This is why the Uwais committee recommended the Political Regulatory Agency and also the Electoral Offences Commission. I look forward to the National Assembly enacting these commissions.

"MY PROPOSAL, HAVING SERVED AS A MEMBER OF THE JONATHAN CONFERENCE IS FOR PRESIDENT BUHARI TO IMPLEMENT THOSE CORNERSTONE AGREEMENTS REACHED AT THAT CONFERENCE"

"OUR DEMOCRACY WILL BE STRONGLY ENHANCED IF, TO USE THE POLITICAL CLICHÉ COMMON IN NIGERIA, THE FEDERATION IS ‘RESTRUCTURED’" You have also observed in different fora that the Nigerian Maritime Industry holds huge potential for the Federal Government in its bid to diversify the source of Public Revenue if properly harnessed. In your opinion, what should be the important components of government's maritime policy?

Nigeria is a coastal maritime nation. The international practice is to have a Minister responsible for maritime affairs in order to bring high level policy making to the industry. The maritime industry is a huge cash cow and I do not believe that the Director of Maritime Services, in the Ministry of Transport, is senior enough to drive maritime policy. Government’s maritime policy should aim to improve Nigeria’s status as a maritime hub. Nigeria accounts for at least 80% of cargo throughput in the Central West Africa sub region. Cargo throughput is the technical name for cargo coming to a destination such as Nigeria. This should give you a sense of how big we are in the maritime sector. I will also like to see Nigeria attain the status of a Maritime International Centre, like Singapore and Dubai. We have absolutely no Nigerian

vessels trading in our coastal waters neither do we have ocean going vessels. Revenue receipts in the maritime sector is estimated at 7 trillion in a year. But we need a coherent maritime policy to bring this all in.

In more recent times it has become a criticism of the Nigerian Justice System that ‘Capital Punishment’ is still being used. What are your views on Nigeria’s application of the Death Penalty?

Recall, I was the first to take 2 cases to the Supreme Court on the constitutionality of the death penalty but unfortunately lost both. I have very strong views on the constitutionality of the death penalty because quantitative and anecdotal evidence suggests the death penalty does not deter crime. If it does not deter crime, I do not see the point keeping it on our statute books.

Most scholars agree that not only is the death penalty cruel and unusual punishment, it is also degrading and inhuman treatment. The global trend now is to abolish it. Nigeria has in place an unofficial moratorium. I look forward to its official abolition.

What is your view about the recent change of corporate leadership at one of Nigeria’s leading banks by the CBN and what legal implications do you see in the context of a challenging economic environment?

This is a good question. The answer has policy and also legal implications. As a matter of policy I have always thought the CBN does far too much work. The international best practice is that the CBN deal with financial stabilisation of the economy and monetary policy. Monetary policy includes exchange rates, interest rates and lending rates. In addition to monetary policy, the CBN is saddled with the legal framework of supervising banking risk and ethical behaviour of Banks. This is far too much for the CBN. I was appointed chair of the legal implementation committee of the CBN in respect of reforms of the financial services sector. I strongly recommended the unbundling of the CBN into three institutions; the first, to deal with financial stabilisation of the economy and monetary policy. This is the main function of the CBN. I also recommended removing risk supervision and management from the CBN and passing it to a new Prudential Regulatory Authority. The sole function of this authority is risk management. Risk is at present managed by the Directorate of Banking Supervision. I feel there is not enough capacity in the CBN to manage banking risk. This point is important in the context of the last banking crisis and the looming risk crisis in banks. Banks are carrying a very heavy debt portfolio, technically referred to as non- performing loans. The reason I suggest a third institution out of the unbundled CBN is the extremely unethical behavior in the banking industry. I am not aware that the CBN has a strong mechanism for dealing with ethical issues.

The solution is to create a Financial Conduct Authority. The legal framework to create these institutions needs to be put in place immediately, so banks will be compelled to focus on their primary business of lending. Nigeria will be the better for it.

As a pioneer of Development law in Nigeria how can this concept promote political and economic development?

Development law deals with the application of rules regulations, guidelines and laws to the social and political life of a nation. It is obvious that Nigeria is going through a difficult period.

Concepts of development law help to create national order in the shape of legal pillars of a viable people’s constitution. Again Development law, been about rules and precepts, creates the necessary framework for the rule of law to thrive.

Development law allows for the growth of strong national institutions that cannot be subverted by strong political personalities. Development law generates wealth. For example, the concept of a viable legal framework for the mortgage market. Our mortgage market does not work.

The result is that Nigeria’s Seven Trillion Naira housing stock is dead capital. Property has two values, the physical value as represented by the physic building, and more important, the conceptual legal value, represented by legal title to the building. The mortgage market has not worked in Nigeria because the law relating to mortgages is weak. But development law can point in the direction of the proper answers to “wake” dead capital in our housing market.

Many examples exist about legal failure in many sectors of our economy and how development law can resolve the problem. I am always amazed at how government’s Economic Management team excludes lawyers. Lawyers can offer a great deal using the device of Development Law. I feel this is something that should be corrected. I hope someone is listening.

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19.07.2016

Oslo 2016, Where the World Said ‘NO’ to the Death Penalty From June 21-23 2016, government representatives, civil society organisations and religious leaders from around the world gathered in the Norwegian capital of Oslo to denounce the death penalty and call for its abolition in countries that still practice it. Jude Igbanoi was at the 6th World Congress Against the Death Penalty and reports.

F

rom June 21-23 2016, government representatives, civil society organisations and religious leaders from around the world gathered in the Norwegian capital of Oslo to denounce the death penalty and call for its abolition in countries that still practice it. Jude Igbanoi was at the 6th World Congress Against the Death Penalty and reports.

The congress was a meeting of over 2000 human rights campaigners, lawyers, journalists, trade unionists, actors, diplomats, politicians, parliamentarians, and government functionaries from 80 countries across 5 continents who came together to debate and share knowledge on the critical global issue of the right to life and the abolition of the death penalty.

Objectives of the 6th World Congress Facilitated by a company based in France “Ensemble contre la peine de mort ”– (ECPM), the prime objectives were basically to :- Put the abolition of the death penalty at the heart of the international agenda.

- Highlight the work of NGOs, - encourage the energy and dynamism needed for communication and innovation in order to draw up strategies for the future - make sure no one is working alone anymore, isolated, but rather in a network of allies and support.

The Congress was also exceptional for the scope of its political mobilisation which reminded the international community of the need to involve both legislative and executive political actors in the struggle. According to ECPM, ‘Abolition is the fruit of courage and political choice based on convictions and tangible, proven facts. The death penalty is immoral, unfair, discriminatory, ineffective and dangerous. It does not conform to international law or the founding principles of democracy.

It can regularly lead to innocent people being executed.’

In the words of Albert Camus, Nobel Laureate for Literature, 1957, ‘Capital execution is the most premeditated of murders to which no criminal deed, as calculated as it is, can be compared.’ And Dostoyevsky said ‘A prisoner sentenced to death dies twice. He dies in the certainty that he is going to be executed and he dies on the gallows.’

With over 30 Ministers and 300 Diplomats from various countries presently observing a moratorium on death penalty, the congress gave a strong message that the march towards a global abolition is a steady and progressive one.

Speakers and Sessions The three-day event featured 80 speakers and former death row inmates from various countries who were invited to narrate their experiences. The dream and aspiration of the congress conveners is a universal abolition.

From the opening Press Conference at the main venue of the congress which was the Opera House in Oslo, the issues were clearly put in the front-burner. That while many countries are abolishing the death penalty, executions are on the increase in some countries such as Iraq, Saudi Arabia, China, Malaysia and Sudan. Facts however revealed that most convictions were for drug-related offences in those countries, while crimes relating to terrorism are the reason some countries are retaining the death penalty.

Iran for instance is on record to have carried out over 1000 execution in the past year, with 100 public ones and relations of convicts are forced to witness such executions.

A week before the commencement of the

congress, the US Secretary General John Kerry was in Oslo and he was confronted with the abolition question. He condemned the death penalty in the strongest terms, especially in cases involving convicts who were minors at the time of the offence.

Startling Realities Congress was startled to find out that some Asian countries which had hitherto put a moratorium in place have suspended it in the past three years basically due to the rising wave of terrorism and insurgency in those jurisdictions. Sudan is one of the African countries that have suspended the moratorium for similar reasons.

Opening Ceremonies Welcoming participants to the grand opening, the Norwegian Minister of Foreign Affairs, Mr. Børge Brende expressed sadness over the fact that contrary to what many think, the death penalty is not restricted to any race, religion, social class or region, ‘its widespread’ he stated. He explained that even in 2016, the death penalty is still being used for minor offences. He urged countries to acknowledge the fact that there is no perfect justice system anywhere in the world and that there are many inmates on death row around the world that are innocent of the crimes they have been convicted for. He also pointed out that the death penalty is irreversible.

Stating the position of Norway, he further stated that his country opposes the death penalty in all circumstances and for all offences. A position which is strongly enshrined in the Norwegian Constitution. He concluded by stating Norway’s commitment to global abolition.

Global Trend In 1945, only 8 countries abolished the death penalty in their statutes books. But over 160 countries today have abolished the death penalty and removed capital punishment from their laws. Even many of those who still have it in their statue books no longer use it. Brende therefore expressed confidence and hope that universal abolition is within reach.

The Foreign Affairs Minister of France, Mr. Janner Aures pointed out that in 2015, the highest number of executions were carried out than in the past 25 years with Fiji Islands, Mongolia and Congo leading the countries which have reverted to using the death penalty, with1465 executions in 2015 alone. Sadly, the United States still remains prominently in the league of nations which still use the death penalty.

It is on record that the present move towards universal abolition of the death penalty started in France in 1981 when the former French President Francois Mitterrand took the risk at the time of making it an electoral campaign

issue.

Mitterrand’s success at the polls promising an abolition of the death penalty gave momentum to the universal abolition movement. Many francophone countries followed a few years after and today, most French speaking countries have either completely abolished or are observing a moratorium.

The Nigerian Situation Nigeria featured prominently at the congress with a number of human rights organisations represented at the proceedings, including Mr. Collins Okeke of Human Rights Law Service (HURILAWS), Mr. Chinonye Obiagwu of Legal Defence Defence Assistance Project (LEDAP) and the Nigerian Arm of Lawyers Without Borders which was represented by Ms. Angela Uwandu. In her presentation Uwandu spoke about strategies NGOs could adopt in engaging government institutions on the abolition of the death penalty. Speaking against the backdrop of her collaboration with the National Human Rights Commission she said ‘NHRIs NGO’s collaboration in working against the death penalty could be engineered by either party.

However given that NHRI’s have a broad mandate in dealing with several human rights issues, it is recommended that CSO’s with expertise in working on death penalty thematic initiate such collaboration. This could be done in various ways.

1. Core involvement of the NHRI as a key partner on a project or specific intervention on the death penalty. This would mean involving the NHRI at the concept stage of the project. An example, is the partnership between Avocats Sans Frontières France and the National Human Rights Commission on the SAVING Lives project in Nigeria.

2. Providing trainings/ building the capacity of the staff of NHRI’s on death penalty. This would ensure the NHRI has sufficient knowledge and adequate information and statistics to engage the issue of the death penalty even in the absence of the NGO’s.

3. Involving the NHRI’s in important events like the world day against the death penalty (October 10). Inviting the NHRI to make a speech or presentation or even hosting an event within the NHRI to mark the date.

4. Proposing or embarking on joint advocacy with the NHRI at different levels of government.

5. Issuing joint press statements or press releases to stop any plans of execution or the introduction of the death penalty for new offences.’

The highlight of the 3-day event was the declaration by all the participants from the various countries present, after a three-kilometer match to the Oslo Town Hall, venue of the annual Nobel Peace Awards. The congress

declared -‘That the abolitionist movement is expanding in a world where almost 3/4 of countries have abolished the death penalty in law or in practice; - that many abolitionist states and intergovernmental organisations joined the international abolitionist movement and that retentionist states at the congress also expressed their interest in the movement; - That since the Madrid World Congress in 2013, 6 countries have abolished the death penalty for all crimes Madagascar, Mongolia, Nauru, Fiji, the Republic of Congo, and Suriname; that the trend toward abolition in the USA continues; - That the abolitionist movement continues to grow and diversify, with the 158, member-strong World Coalition Against the Death Penalty, and states, regional and national coalitions, uniting organisations and actors from civil society, parliamentarian networks, academic networks, national human rights institutions, businesses and unions, and journalists, all joining forces to promote the abolition of the death penalty; - That ties are being strengthened among actors from civil society and intergovernmental, regional, and international organisations with the aim of establishing or reinforcing the state of law; - That there are positive announcements like those of the Vice-Ministers of Justice of the Democratic Republic of Congo and Mongolia that they will vote for the moratorium at the United Nations next December; - That the realisation of the scope and the seriousness of the damage caused by the death penalty to the families and loved ones of the condemned, of the victims, and of other members of society.

Congress Observed - that the re-emergence of terrorist violence on a global scale is used as a pretext by certain governments such as Egypt, to justify the retention of the death penalty to suppress opposition movements; - that according to Amnesty International; 58 countries and territories retain the death penalty, and often apply it in an arbitrary manner; - that in 2015, 1634 persons were executed in the world, notably in Iran, Pakistan, Saudi Arabia, Iraq, the United States, although these statistics do not include the unknown number of people executed in China; - that the retention of the death penalty for drug trafficking is in total contradiction to UNODC recommendations and to findings established during the UNGASS in April 2016 in New York. Indeed, UN member states agreed on

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OVERVIEW OF THE NIGERIAN PRISONS SYSTEM prisoner as soon as possible following his or her admission and thereafter as necessary. Particular attention shall be paid to: (a) Identifying health-care needs and taking all necessary measures for treatment; (b) Identifying any ill-treatment that arriving prisoners may have been subjected to prior to admission; (c) Identifying any signs of psychological or other stress brought on by the fact of imprisonment, including, but not limited to, the risk of suicide or self-harm and withdrawal symptoms resulting from the use of drugs, medication or alcohol; and undertaking all appropriate individualized measures or treatment; (d) In cases where prisoners are suspected of having contagious diseases, providing for the clinical isolation and adequate treatment of those prisoners during the infectious period; (e) Determining the fitness of prisoners to work, to exercise and to participate in other activities, as appropriate.”

Rule 34 “If, in the course of examining a prisoner upon admission or providing medical care to the prisoner thereafter, health-care professionals become aware of any signs of torture or other cruel, inhuman or degrading treatment or punishment, they shall document and report such cases to the competent medical, administrative or judicial authority. Proper procedural safeguards shall be followed in order not to expose the prisoner or associated persons to foreseeable risk of harm.”

Rule 64 “Every prison shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.”

Rule 75 “All prison staff shall possess an adequate standard of education and shall be given the ability and means to carry out their duties in a professional manner.

2. Before entering on duty, all prison staff shall be provided with training tailored to their general and specific duties, which shall be reflective of contemporary evidence-based best practice in penal sciences. Only those candidates who successfully pass the theoretical and practical tests at the end of such training shall be allowed to enter the prison service.

3. The prison administration shall ensure the continuous provision of in service training courses with a view to maintaining and improving the knowledge and professional capacity of its personnel, after entering on duty and

CONTINUED FROM PAGE 7 reforms in Nigeria with a view to identifying priorities and develop an implementation plan. Priority interventions should include a. Modernising Prison facilities b. Procuring additional vehicles for NPS c. Better endowment for Prisons education, vocational training and rehabilitation programme d. Improving physical structure of Prison officers accommodation and training facilities e. Review of training curriculum for Prison officers f. Use of IT in prisons.

Enable a national dialogue on the desirability of state prisons leading to possible constitutional amendment.

during their career.

Rule 83 1. “There shall be a twofold system for regular inspections of prisons and penal services: (a) Internal or administrative inspections conducted by the central prison administration; (b) External inspections conducted by a body independent of the prison administration, which may include competent international or regional bodies.

2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in accordance with existing laws, regulations, policies and procedures, with a view to bringing about the objectives of penal and corrections services, and that the rights of prisoners are protected.”

Summary of Recommendations Why Reform?

• Prisons does remain an important sanction against offenders from whom society is genuinely at risk, such as those convicted of serious and dangerous crimes.

• Ineffective treatment of convicted offenders and those accused of crime (awaiting trial inmates) contributes to insecurity and hampers development, discriminates against the poor and is of serious concern on human rights grounds.

• The socio-economic costs of imprisonment include preventing people from contributing to their local economies.

Families not only lose the labour of their imprisoned relatives but may also have to find resources to help support them in prison.

• The security breaches in prisons has assumed such dimensions that intervention in prisons should no longer be seen only as a penal reform issue but an issue of national security.

OSLO 2016, WHERE THE WORLD SAID ‘NO’ TO DEATH PENALTY the failure of “war on drugs” policies, founded solely on a repressive vision; - that certain countries have resumed executions after lengthy moratoriums, such as Indonesia, Pakistan or Chad; - that the death penalty is still applied to juvenile offenders and people with intellectual disabilities; that it is applied in a discriminatory manner according to ethnic, social, national or religious origin, skin colour, and sexual orientation; - that more often than not, as a direct consequence of their status, death row prisoners often suffer deplorable incarceration conditions which violate human dignity and often represent an inhuman and degrading treatment,.

Congress Resolved and Called Intergovernmental Organisations and International Organisations: - to continue and intensify their cooperation with states and civil society to promote the universal abolition of the death penalty; - to integrate issues relating to the retention of the death penalty in the discussions between UNODC and all stakeholders; - to systematically integrate, whenever relevant, the death penalty in the work done

by UN special rapporteurs, especially on terrorism, extrajudicial executions, torture, migrants, and extreme poverty; - to adopt; as soon as possible, regional

Quick wins and immediate actions: Mr. President should • support a review of the Prisons Act Amendment Bill with a view to representing before the National Assembly.

• Remove the Prisons Service from the oversight of the Ministry of Interior and place it in the Ministry of Justice.

• Establish a Prisons Service Commission to take over the functions of the Immigration, Prisons Service and Civil Defence Board as it relates to the administration of the prisons.

• Appoint a Chief Visitor of Prisons to conduct inspections on a regular basis, respond to complaints, investigate deaths in custody and publish independent regular findings of his work and make appropriate recommendations for action to the President and National Assembly.

• Empanel an investigation of allegations of corrupt practices in the NPS including graft for promotions and appointments, education and birth certificate forgery.

• In collaboration with the state governments, undertake an audit of all prison facilities in Nigeria with a view to identifying persons who should not be in prison.

• Procure vehicles for the transportation of prisoners • Appoint the Controller-General of Prisons as a member of the National Security Council.

Mid-Term Review existing reports on Prisons

Long Term • Construction of Courts near Prisons • Construction of Prisons under a Public Private Partnership (PPP) initiative limited to Building, Training the Personnel and Handing Over (BTH) and no Build Operate and Transfer (BOT) • Provision of video conferencing facilities in prisons.

• Use of ankle trackers for first time offenders (non-capital crimes) • Reform the recruitment process with a view to attracting qualified and professional persons.

SUMMARY OF NIGERIAN PRISONS STATISTICS AS AT MARCH 2016 TOTAL NUMBER OF PRISONS IN NIGERIA AS AT MARCH, 2016

TOTAL NUMBER OF INMATES

BY LEGAL STATUS AND SEX AS AT MARCH, 2016 THE STATISTICS ARE FROM THE NIGERIAN PRISONS SERVICE WEBSITE Nathaniel Ngwu, is a Coordinator, with the Criminal Justice Reform Network

CONTINUED FROM PAGE 10

instruments, such as the Additional Protocol to the African Charter of Human and People’s Rights on abolition of the death penalty; States present at the Oslo Congress: - to stand by the commitments made during the congress especially the commitment of Guinea to promulgate a Penal Code without the death penalty on 1 July 2016; Retentionist states to commit: - to drastically reduce the scope of crimes punishable by death in their legislation and, in the immediate future, to abolish the mandatory death penalty where it exists and discuss alternative solutions which recognise each person’s ability to make amends; -to respect the International Convention on the Rights of Children, and to renounce the use of the death penalty for minors and those who were minors at the time of the commission of the crime; - to collect and publish regular and reliable and independent information on the manner in which they apply the death penalty and on the state of public opinion on the death penalty and on alternative punishments; - to take the path toward the abolition of capital punishment by implementing a moratorium on death sentences and executions, in compliance with the resolution for a moratorium on the use of the death penalty

voted by the General Assembly of the United Nations since 2007, and to follow the 81 countries that have already ratified the UN Second Optional Protocol to the International Covenant on Civil and Political Rights; - to guarantee competent counsel for indigent capital defendants Abolitionist states: - to sign and ratify the UN Second Optional Protocol to the International Covenant on Civil and Political Rights; - to make the financial aid they grant to the international war on drug trafficking conditional upon the non-application of capital punishment - to promote and guarantee respect for fundamental human rights in the struggle against terrorism, including renunciation of the death penalty - to support actors in civil society working in favour of abolition; - vote in favour of the UNGASS resolution calling for a universal moratorium on capital punishment in 2016.

National Human Rights Institutions (NHRIs): - to systematically add questions on the death penalty to their agendas and to encourage their states to abolish the death penalty vote in favour of the UNGASS resolution

calling for a universal moratorium on capital punishment in 2016.

In retentionist countries, - lawyers to seek further training in order to better defend clients facing the death penalty; - prosecutors not to ask for imposition of the death penalty; - judges to exercise their power of discretion to not impose any death sentences and to encourage non-professional juries to do the same.

Economic and cultural actors: - to strengthen their commitment in order to vigorously proclaim that the application of an archaic and degrading punishment is harmful to the harmonious development of the economy, tourism, and cultural exchanges.

Abolitionist actors from civil society: - to act in unison, by joining the World Coalition Against the Death Penalty, to strengthen abolitionist collaborations, or other organisations such as the International Network of Universities Against the Death Penalty; - carry out awareness-raising and educational campaigns on abolition for the public, political decision-makers, and students, joining the international network for education and participating in the annual World Day Against the Death Penalty on 10th October and for the “Cities for Life” on 30th November.’

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19.07.2016

The Future of Public Law Deji Adekunle

but also fundamentally flawed. Different bodies of public law perform fundamentally distinct functions from other bodies of public law doctrine (some of which mirror the functions of bodies of law classified doctrinally as private law), just as the law of contract performs fundamentally distinct functions from the law of torts or the law of equity or the law of maritime insurance.

In my respectful view however the distinction is of conceptual and practical importance in many spheres of activity that are moderated by the law. While one may not hang classification on whether the actor is a private individual or state actor, the very nature of the activity engaged in may attract different rules. For example the concept of the rule of law is understood as exerting a moderating influence on powers and duties of public authorities.

T

he evolution of public law presents a challenge to lawyers, because we have traditionally been concerned with the creation, protection and enforcement of private rights; nowadays the significance of private rights is diminishing in comparison with the predominance and significance of rights and interests, which arise under public law. After all it is to public law we turn whenever private rights are tested beyond the narrow confines of private interests. We invoke anti-competition, consumerism and other forms of regulation to keep exploitative tendencies in check and criminal law to punish deviance that offends the public good. With discussions concerning public law now interspersed with the rule of law, constitutionalism and sovereignty, perceptions about the current status of public law in general are changing.

Historical Background of Public Law Public Law, in the sense first defined by the Romans, is the law of res publica, literally the public thing, that is, the public interest or common good, predicated on the differentiation between the state and the government. It was created by the Romans to solve problems arising out of Rome’s domination of the Mediterranean Basin. In order to avoid a return to the Oriental tradition of power being personified in a single man, such as the Egyptian Pharaoh, the Romans invented the notion of res publica.

This refers to the goals, the affairs, institutions that are the thing of the people, a sort of property held in common; a res publica which belongs to everyone in general and to no one in particular.

Cicero pioneered the definition of the public thing as the thing common to all, the thing of the people, a notion that eventually evolved into the common good or the public good – res publica, res populi. Cicero wrote: “The public thing is the thing of the people and by people I mean not just any gathering of people, but a large group of people forming a society and united by their adherence to a pact of justice and the sharing of common interests (juris consensus et utilitatis communion sociatus)”.

The content of the res publica was further articulated in the opening statement to the great compilation of Roman laws that form the Digest: The law obtains its name from justice; for…law is the art of knowing what is good and just…(2)Of this subject, there are two divisions, public and private law. Public law is that which has reference to the administration of the Roman commonwealth; private law is that which concerns the interests of individuals; for there are some things which are useful to the public, and others which are of benefit to private persons. Public law has reference to sacred ceremonies and to the duties of priests and magistrates.

Hence, the res publica involves the general public utility (utilitatis communion), which brings people together in a society bound by common objectives (the public good, the general welfare) as well as by legal bonds (the constitution).

The conceptualisation of res publica as distinct from private interests is one of the greatest legacies of Roman civilisation.

However, by the 16th century, res publica had become absorbed in the State, which developed within the matrix of sovereignty.

What is Public Law? Public law is one of the foundational subjects of study in all legal systems. Indeed, without a functioning system of public law, there would be no other forms of law within a state, since it is by means of the network of principles and rules which make up public law that authority is conferred upon institutions such as Parliament or the National Assembly and courts to make enforce and apply laws within that State. It is not merely an ‘area of law’ or ‘category of legal thought’ but is also central to our very understanding of what law is – to our ‘concept’ or ‘theory’ of law.

Lord Woolf, in an article written in 1986, defined public law as ‘the system which enforces the proper performance by public bodies of the duties which they owe to the public.’

Loughlin further notes this about the term ‘public law:’ …But by public law I do not mean a categorical division within positive law, as is often intended when drawing a distinction between public law and private law. I mean something much more basic: the ‘law’ by which public authority is established and maintained.’

For Loughlin then, public law is the normative (in a rule-based sense) structure concerned with the creation and ongoing dynamics of public authority. It is about power, but power with a public face, granted legitimacy by a constitutional system. Public law is concerned with those precepts of political right that establish and maintain public authority. Thus, public law is, inevitably, the product of a complex interaction of social, political and legal forces. Public law involves a study and interaction with constitutional law, administrative law, procedural law, tax law, criminal law and where necessary, commercial transactions as it affects the state and individuals or companies.

Public law must be distinguished from ‘public interest law’ which is the use of law by non-profit organisations, law firms and government agencies to provide legal representation to people groups or interests that are under-represented in the legal system. Areas of public interest include constitutional issues, civil rights/liberties, domestic violence, government, children/youth advocacy, Immigration Law Reform, Labour Law, etc. While undoubtedly a subset of Public law, such areas are narrower than the province of public law.

Thus, public law is concerned with three matters which are fundamental to the operation of any modern state. First, it entails study of the institutional structure of government and of the rules which underpin this structure. Secondly, and relatedly, it sets out the relationships which the various institutions of government have with each other and the limits beyond which they may not lawfully act. Thirdly, it is concerned with the relationship between the individual and the state.

Separating Public and Private Law First, public law is about collective action whereas private law is about relationships between people, paradigmatically connected to property ownership. Secondly, public law is concerned with the creation and regulation of offices, whereas private law is concerned with the legal position of individuals.

Private law on the other hand, traditionally encompasses the common law of contract, torts, and property that regulates relations among individuals. Thus the role of government in private law would be purely facilitative of horizontal dealings among private parties. Its role in contract law for instance, would ideally be limited to providing the means of enforcing whatever bargain or agreement the competent individual contractors had freely entered into.

The significance of distinctions between public and private law is not well brought out by semantic analysis or by a classificatory approach. Both of these, in the case of law, tend to smack of circularity or to run into considerable conflict between the theoretical interest in consistency and the enormous impact of historical accident and peculiarity on the actual development of legal systems. Classificatory approaches are forced to recognise the existence of mixed forms and though they can do so without overt contradiction, such recognition does not help to illuminate the reasons for the mixture, the nature of the conflict or the character of legal trends. A far better approach is to think of private and public law in terms of conflicting paradigms or ideal types, representing internally coherent and externally conflicting legal trends or ‘moments’ within the law.

Is Classification necessary?

The dividing line between public and private law became increasingly blurred at the beginning of the twentieth century with the expansion of public concerns encroaching into private law (such as torts, contract and company law). These examples of private law are overlaid with laws that have public aims, such as anti-discrimination laws, laws of fair trading, laws for the disclosure of information and paradoxically, laws protecting privacy. Also, governments regularly operate in the private sphere, engaging in commercial activities and entering into contracts with private individuals.

Therefore, it is important that scholars, judges and practitioners look past the veneer of unity, fostered by a common procedure for public law claims, to the substance of contemporary public law. This, like contemporary private law, is a diverse field of law composed of meaningfully distinct bodies of doctrine which each perform distinctively valuable functions, out of which regulating public power in the public interest is just one. Some scholars go as far as suggesting that we eschew reliance on any putative ‘general’ divide between public law and private law. For example, they contend that the idea that there is some sort of ‘general functional separation between private law and public law’ is not only opaque, in that the nature of this divide is seldom articulated,

Globalisation and “Privatisation” (of Public Law) Emanating from constant and growing interactions among various sovereign states, the sharp divide between public and private law domains appears to have been covered over with some conflicting, and sometimes, overlapping application of laws regulating the conduct of various states.

Traditional public law perspectives have been ordinarily rooted in the notion that sovereign states are the sole sources of law and authority within their jurisdiction and thus the only legitimate norm-setting institutions. However as the concept of the supremacy of the rule of law gradually took root and with the rise of constitutional Republics, the notion of the sovereign (or more appropriately the state) not being subject to law became otiose.

The State now became a custodian of the public trust to be censured by constitutionally empowered institutions whenever it deviated from the social compact. A similar evolution was to be observed at the international legal order.

Although ‘the sovereign’ or “the state” within a particular national order is conceptualised as an embodiment of the public will, when elevated to the international plane the state is in many spheres understood to be ‘private’ actors.

This mutation of traditional public law constructs did not change the character of public law as a branch of the law concerned with the relationship between public institutions and individuals.

Sovereign immunity prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. The doctrine stems from the ancient English principle that the monarch can do no wrong. The case of TRENDTEX TRADING CORP. v.

CENTRAL BANK OF NIGERIA (CBN) highlights the subtlety of the transition from public law to private law albeit one which could lead to loss of state immunity in the international scene with respect to commercial contracts.

In other respects too, the notion of sovereignty and State Utilities and corporations has been greatly eroded by increased privatisation, a growing universal pattern that is driven also by the increased competitiveness of a globalised world. In the global scramble for investment and economic activity states have to become lean and mean and jettison tasks that have traditionally been considered the core business of the state.

Privatisation in broad terms refers to the shifting of a function either in whole or in part from the public sector to the private sector. Thus, the role of government has been subject to the many crosswinds of change mostly in the direction of less dependence on government and more reliance on the private sector. So today we seldom engage in sterile almost historical discourse of the laws on State monopolies concessions or chartered corporations while the branching out of the laws of trust, commercial law and business associations into vibrant streams of private law (competition; Corporate governance; infrastructure finance etc,) has all but gone virile. With privatisation and the gradual disappearance of state Monopolies the public robes that hitherto shielded the activities of these concerns from the strictures of private law had to be shelved as they transformed into new entities in a fiercely competitive environment.

Remarkably, the regenerative ability of the law in this area has not been accompanied by a shrinking or diminution in the properties of public law. First with privatisation came the issue of how the protection of the public interest, inherent in the paternalistic role of the state, can be guaranteed in a regime of private service providers. When public tasks are privatised, society will need to be protected against the arbitrary exercise of private power. There developed therefore, in parallel to the transition to privatised services, administrative bodies that exercised regulatory powers over the private concerns. The fact that utilities are owned and operated by private concerns, apparently did not rob these services of their essential character as having a public interest element. Indeed whereas some installations are now completely unworthy of being characterised as “public property” unlawful damage or destruction to such is accommodated under criminal law – a most dynamic sphere of public law – by recourse to the concepts of “economic sabotage” and “critical national infrastructure.

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19.07.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR Baba Wilberforce and Owowole

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, Please kindly advise me on this issue.

My first son who finished his Senior Secondary School Education last year is insisting on enlisting in the Nigerian Army. He took forms for the Nigerian Defence Academy early this year and was shortlisted, but for reasons we don’t know he was not invited for the final examination.

My suspicion is that he may have been turned down on account of his age. He is 16 years old.

Now, he just came up with the idea of enlisting into the Army, he explained that his friends told him it is the surest way of getting into the NDA. I am still worried about his age. Is there a statutory age for joining the Army? If there is what is the age?

I would appreciate your prompt response because I am sure he will take steps towards actualising his plan.

Chief N.E., Abakaliki, Ebonyi State.

Dear Chief N.E., Of course there is a statutory age for enlisting into the Nigerian armed forces and also the paramilitary.

Unlike many years ago, the school leaving age of the

THE FUTURE OF PUBLIC LAW

Nigerian youth has dropped considerably over the years.

However, the law has provisions for situations like this under the Armed Forces Act Part, IX. It is broadly provided for at Section 28 of the Act. It says ‘Enlistment (1) A person seeking to enlist in the Armed Forces shall be given a notice in the prescribed form setting out questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him and a recruiting officer shall not enlist a person in the Armed Forces, unless he is satisfied by that person that he was given that notice, understands it and wishes to be enlisted. (2) A recruiting officer shall not enlist a person under the apparent age of eighteen years, unless consent to the enlistment has been given in writing by that person's parents or guardian or, where the parents or guardian are or is dead or unknown, by some person approved by the Chairman of the Local Government in which the person applying for enlistment resides or, in the case of a person who resides in the Federal Capital Territory, Abuja, by the Mayor.’

By the provisions in this Act, you would realise that your son’s enlistment in the army largely depends on you, as the law requires that you give your consent.

An old man, Baba Wilberforce Ajayi the oldest Policeman in active service had a habit of enforcing old laws from colonial times and was often reprimanded for arresting people for “Failing to pay due respect to the British flag” or for “Profaning the British monarch” by failing to respond correctly to the old colonial refrain “God Save the Queen” with “Long may she reign”. On one such occasion Baba Wilberforce arrested 3 men for “Vagrancy”, “Driving Cattle While Intoxicated” and “Excessive Use of the Horn in a Stationary Motor” all offences which have long since ceased to be arrestable offences.

Baba Wilberforce directed all three men, at various times to the Police Station where he proceeded to book them in, but for sheer want of authority and for comical relief the Superintendent in charge allowed him to do so, while he and the other officers laughed hysterically.

Barrister Kashimawo Owowole sitting outside the Police Station holding area realising what was happening and having less scruple than the ordinary lawyer saw an opportunity. He quickly approached the three men and agreed with each to represent them for N30,000 and secure their release before the end of the day. Of course they protested but when Owowole asked Baba Wilberforce, to the men’s hearing how long he intended to keep them in the cell- and Baba Wilberforce said over the weekend, each quickly agreed.

Soon the Superintendent decided he had enjoyed enough of the in-joke and approached the three men to tell them they were under no obligation to stay in the station at all. Immediately the first man ran to Owowole and praised him for how quickly he worked, “Ah! D law! You are a powerful man oh! Under 5 minutes I was released. I’m so grateful. Here is N15,000 plus the N10,000 I gave you first please manage it, I will bring something for you later”, of course Owowole accepted graciously. The second man came to Owowole and insisted on collecting his business card “Ah! In fact, the Superintendent himself came to apologize to me personally. No I need your card, for next time, in case I have problem again. Meanwhile here is your N25,000 balance”. The last man, who had also been the first arrested an hour earlier, had been watching all the while. Once the second man left, he stormed at Owowole and slapped him on the face. Owowole fearing that he had been caught mumbled “Why did you slap me?” to which the third man replied “Nonsense, I was here before them! Why did they release me last? Hiss. Take N15,000 (throwing the money at Owowole), I don’t have anything else for you”.

CONTINUED FROM PAGE 12

Also, it is not as if in some cases that transition has been instantaneous or unconditional. In the case of Nigeria for example while the provision of electricity and telecommunications are now undertaken by private bodies within a regulatory framework and subject to both private and public law regimes, the issue of road and Rail transportation seem to be in a perpetual state of policy evolvement and somersaults to the extent that in the singular instances, when state actors are proceeded against, they are shielded by opaque and antiquated rules on secrecy and liability.

The Reality of Public Law in the 21st Century The above discourse reveals that past and current discussions of public law as a discipline and as a function of state cannot be complete without asserting the incursion of private law elements into the branch of public law.

Environmental law nowadays has a composite nature due to its usage of a variety of regulatory instruments with different legal status. The relationship between this branch of law and the more traditional disciplines vary.

In some respects, environmental law is like an assortment of regulations stemming from other branches of law. In fact, environmental legislation constantly draw inspiration from private law, public law, criminal law and even tax law. This inevitable obfuscation makes it rather unclear whether a particular environmental directive forms part of public or private law.

Some scholars opine that the ceding of national authority to global and international norms and institutions is proof of the public/private divide having been overcome in environmental regulations. Sovereign states can no longer, given the growing interdependency between states, act within their territory as if it were a ‘private’ sphere, immune from external intervention and regulation. Thus, states’ permeability and submission to global and international norms and institutions manifests the breakdown of the sharp dichotomy.

In view of this, the question that arises is: can public law be maintained as a pure discipline of study with defined boundaries in the 21st century and beyond? The answer to this is no. Public law as a field of jurisprudence is resilient and dynamic. Despite incursions by private law into several branches, public law has quite remarkably remained unbowed. For example If we were to go strictly

by the principles of criminal law (public law) to tackle the menace of such complex crimes like terrorism, money laundering and other economic crimes without the influence of the trust and accountability concepts our criminal laws would be several years outdated. These undeniably inform statutory qualification to the right of silence and the exposure of proceeds of crime to civil forfeiture proceedings.

Indeed public law principles have exerted significant impact on several branches of private law. For example, the concept of consumer protection in the modern state is no longer simply informed by the narrower concepts of “fitness” and “merchantability” but has acquired vibrancy through a public interest driven concept of product liability.

It must also be underscored that this is part of a wider process of regeneration and evolution of law.

Buoyed by overriding concerns of public interest and security, we note how public law concepts have made inroads into areas of commercial law, intellectual property law and lately Information technology law. if we take the latter for example a comparison of the Cybercrimes Prohibition, Prevention Act 2015 with the Council of Europe’ Cybercrimes Convention 2004 (Budapest Convention) reveal the different priority accorded privacy, free enterprise, innovation and public protection in the two instruments. While the Nigerian Act is considered more disruptive and intrusive by its insensitivity to the distinction between real time and stored data, the European instrument only obliges operators to share stored data. More recently in 2014, the European Court of Justice typified this overarching right to privacy stance when it reaffirmed a “right to be forgotten” and that operators of search engines had a responsibility to remove when requested links related to the requester from public view.

Beyond Public Law? Having regard to the traditional concept of public law and subsequent incursions on the basis of globalisation and privatisation, this section of the essay will attempt to pursue a discourse into the future prospects and application of public law. It is fairly evident from the preceding subheads of this paper that public law, in its seemingly narrow sense has been layered over with incursions (from private law) into the traditional domain of public law .

Economic and Political integration of Europe has in our

opinion exerted the most telling impact on classifications of law as we know them. European integration resulting into the EU was an antidote to the extreme nationalism that had devastated the continent after the Second World War. Thus, one of the most significant achievements of the Union is the creation of a Single Market. Its fundamental freedoms entitle businesses and citizens to move and interact freely in a borderless Union.

Part 3 of the Treaty on the Functioning of the European Union 2007 deals with Community policies and actions. The diverse range of areas covered include internal market, the free movement of goods, free movement of people, services and capital; the area of freedom, justice and security, including police and justice co-operation; transport policy; competition, taxation and harmonisation of regulations; economic and monetary policy, employment policy; the European Social Fund; education, vocational training, youth and sport policies; cultural policy; public health; consumer protection; Trans-European Networks; industrial policy; economic, social and territorial cohesion (reducing disparities in development); research and development and space policy; environmental policy; energy policy; tourism; civil protection; and administrative co-operation.

Conclusion The implications of all these for an academic (who schooled in the discipline of the law but specialising in public law) is the need, in the course of research or teaching, to be acutely conscious of the influence which other branches of law have or could have on the subject. Such a scholar must dispense with the notion that public law is a 'stand-alone' discipline and cannot function in isolation.

There is no single perspective or one size fits all approach to the study of public law. The perspectives on the subject are varied, in order to facilitate understanding of individuals and the State and the governance of both. This review compels the conclusion that the existing system of public law will continue to evolve as society develops. It remains the ultimate task of academics to not only capture the essence of this evolution but also ensure that the diverse interrelated properties of the legal system are entrenched in the minds of scholars, students and lawyers in Nigeria.

Professor Deji Adekunle is the Director General of the Nigerian Institute of Advanced Legal Studies.

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19.07.2016

Quasi-Security Transactions: Sidestepping the Adverse Effects of Formal Insolvency Processes Kubi Udofia

insolvency-termination/asset forfeiture clauses in these transactions are valid and enforceable.

This may be harsh on a lessee in a finance lease considering that in practice (i) at the time the agreement is entered into, there is often a reasonable expectation that the chattel will not be returned to the lessor, (ii) the lessee amortises the full value of the chattel over the term of the lease by rental payments, (iii) the lessee bears the risks and enjoys the rewards associated with ownership, and (iv) the lease is expected to run throughout the life period of the chattel. To mitigate this harshness, a liquidator may consider seeking equitable relief from forfeiture.

T Introduction

he importance of a security interest is highlighted when a company is unable to pay its debts. A security interest primarily secures the debtor’s payment obligation and insulates a secured creditor from insolvency. Hence, as long as a company is able to pay its debts as they fall due, a secured creditor has no significant advantage over its unsecured counterpart.

In formal insolvency proceedings, assets of a debtor must be available for its general body of creditors. Assets which the debtor has proprietary interest in prior to insolvency cannot be arbitrarily removed from the insolvent debtor’s estate. On the other hand, insolvency law respects security interests of third parties.

Holders of security interests such as charges, mortgages, pledges and liens are often not impeded from enforcing their claims against the insolvent’s assets.

A creditor can enhance his protection by simply retaining his proprietary interest in an asset pending when the debtor performs his contractual obligation. Transactions involving retention of ownership do not create security interests but constitute a genre of quasi-security arrangements. The primary distinction between these quasi-security transactions and security interests is that security interests can only be granted in the assets of the security provider i.e. the debtor. In contrast, a creditor in these quasi-security transactions retains ownership of assets. No security interest can be created by a unilateral retention of ownership.

Hire-purchase agreements In a hire purchase (HP) agreement, goods are hired in return for payment of installments by the person to whom they are hired (the hirer) with an option to purchase at the end of the bailment. The owner retains proprietary interest in the goods and only passes it to the hirer if the hirer exercises the option to purchase: INCAR (NIG) PLC v URALO GEN ENT LTD (1998) 13 NWLR (Pt 582) 346 at 362B-D, F-G. In a HP agreement governed by common law, the owner may insulate itself from the hirer’s insolvency by inserting a clause for the termination of the agreement at the hirer’s insolvency. The termination and asset forfeiture do not violate insolvency law given that the owner retained ownership of the asset pending when (i) the hirer completes the installment payments, and (ii) exercises the option to purchase. Hence there is no removal of assets which ought to be available to the insolvent hirer’s general

body of creditors.

Whereas the foregoing analysis is premised on the ground that the hirer’s interest in the hired asset is possessory, there is a school of thought which contends that the hirer’s installment payments and option to purchase confer a (limited) proprietary interest in the goods on the hirer as opposed to a mere possessory right: Denning L.J. in WICKHAM HOLDINGS LTD v BROOKE HOUSE MOTORS LTD [1967] 1 W.L.R. 295 at 300 and Knox J in TRANSAG HAULAGE LTD v LEYLAND DAF FINANCE PLC [1994] B.C.C. 356 at 365. The veracity or otherwise of this proposition is outside the scope of this piece. However, assuming this proposition is correct, a termination/forfeiture at insolvency will deprive the insolvent hirer of a valuable asset in breach of insolvency law. The foregoing analysis is restricted to HP agreements under common law. Different considerations will apply to transactions under the Hire Purchase Act 1965 where sections 9 and 10 place restrictions on recovery of goods by owners.

Retention of title clauses Where there is a credit sale with a part or the whole purchase price outstanding, a creditor may use a retention of title (ROT) clause in the contract to retain ownership of the asset pending when the debtor/buyer completes the performance of his contractual obligation. Where properly drafted and utilised, ROT clauses can insulate the creditor’s asset from insolvency notwithstanding that the insolvent buyer is in possession of the asset.

At the buyer’s insolvency, the asset will not fall into the insolvent buyer’s estate. Section 19(1) of the Sale of Goods Act 1893 provides a doctrinal basis for ROT clauses.

ROT clauses do not create security interests,

rather there is a mere unilateral retention of ownership. A simple ROT clause may not offer foolproof protection. For instance, if a buyer sells the goods to a bona fide purchaser for value without notice, the clause will be worthless: s. 25(1) SOGA. To maximise the efficacy of ROT clauses, complex ROT clauses have evolved. Some of these clauses attempt to extend the sellers’ proprietary rights beyond the original goods to by-products, proceeds etc. These complex ROT clauses are often at risk of being re-characterised as security interests and consequently being void for non-registration. For instance a court may recharacterise an ROT clause which extends to by-products or proceeds as a charge on the ground that since the seller’s interest in the by-products/proceeds is defeasible by payment of the purchase price, the interest created is security as opposed to a retention of ownership.

Chattel Lease agreements Chattel leases may be categorised into operating or finance leases. An operating lease is an agreement of hire of a machinery or plant, where the lessee rents the equipment for a time period that is less than the equipment’s useful life, and makes payments the total of which is less than the purchase price of the equipment. In contrast, in a finance lease the period of rental is designed to enable the lessor to recover the cost of purchasing the equipment as well as other financing costs, while also earning returns on the investment in the lease. The period of a finance lease is usually the equivalent of the estimated useful life of the equipment and all financial risks and rewards associated with ownership are transferred to the lessee.

Given that lessors in finance and operating leases retain ownership of their assets,

Conditional sale agreements A conditional sale agreement is a contract for the sale of an item where the buyer takes possession of the item but the seller retains title (and right to repossess) pending when the seller fulfills conditions specified in the agreement: AFROTEC TECH SERVICES (NIGERIA) LTD v MIA & SONS LTD (2000) 15 NWLR (Pt 692) 730 at 785C-D, 785G. A termination/forfeiture clause in a conditional sale agreement entitling the seller to repossess the goods if the buyer becomes cash flow insolvent is valid and enforceable.

Given that the seller has retained ownership, the insolvent buyer’s general body of creditors will not be deprived of any asset which ought to be available to them.

In cases where there has been substantial payment, the above position may be harsh on the insolvent buyer whilst granting the seller a windfall. A liquidator may mitigate this hardship by an action for the recovery of paid installments on the ground of total failure of consideration: DIES v BRITISH AND INT’L MINING [1939] 1 KB 724, 743. This will be based on the ground that the item which was the primary aim of the contract is no more available. A recovery action may be futile where the agreement stipulates for forfeiture without a right of recovery.

Conclusion A creditor may enhance its protection against insolvency by retaining ownership of its assets pending when a debtor performs its contractual obligations. These types of quasi-security arrangements have the same functional effect as security interests.

However, these quasi-security transactions must be meticulously drafted/documented to avoid being recharacterised as security interests. If recharacterised, they may be void for non-registration under applicable laws.

Dr Kubi Udofia is an insolvency law expert and the head of corporate and commercial law practice at Fidelis Oditah & Co.

Court Fixes Sept. 26 to Hear Alleged Shares Fraud Suit

Akinwale Akintunde

Justice Mohammed Idris of the Federal High Court sitting in Lagos has fixed September 26,2016 to hear a suit filed by Executors of the Estate of Mrs. J. O. Olaitan against Union Bank of Nigeria (UBN) Plc, for the restoration of its 1,114,886 Unilever Nigeria Plc shares.

The Executors, who are the deceased’s four children - Prince Babasola Thomas, Mrs. Abiola Oshodi, Prince Olabode Thomas and Prince Gloria Thomas - had alleged that their shares, in the custody of the bank’s Registrar’s Department, were fraudulently sold in 2001.

The suit with No. FHC/L/CS/675/2013 was filed by Mrs. Funke Adekoya SAN, on behalf of the Executors following a February 26, 2004 judgment of the Investment and Securities Tribunal (IST) in the children’s favour.

The IST, in that judgment, directed the bank to restore fraudulently sold shares, including those of the applicants, to affected investors and the applicants are seeking its enforcement.

The 1,114,886 shares, they told the court, were vested in them after their mother’s death in 1987 and, at 50 kobo per share on August 1, 1998, a share certificate No. 96039758 was issued in their favour by Unilever.

In 2001, 2002 and 2003, Unilever issued bonus shares for the ones already held, entitling the administrators to a cumulative sum of N4,253,290.09 as dividends paid and bonus shares from 2004.

Earlier in 2001, the children discovered that the share certificate for the 1,114,886 shares had been cloned and sold and the Registrars were immediately notified.

They alleged that UBN, in a letter dated July

20, 2004, acknowledged the fraud.

In 2004, the Securities and Exchange Commission (SEC) through its Administrative Proceedings Committee (APC) ruled that a firm, Gosord Securities, was liable to buy back the shares and return them to the affected investors or pay them the cash equivalent.

An appeal by UBN failed at the IST which directed the bank (at page 31 of the judgment) to restore the shares to the affected investors.

The IST said, among others, that “We note from the APC’s record that those shares were stolen either from Unilever PLC (former Registrar) or UBN Registrars by the fraud syndicate, but there was no determination in the findings as to whether it was stolen when Unilever had custody of those shares or after UBN Registrars took over as Registrars in 1998."

It also observed that UBN “had bought back

the Unilever shares as directed by the APC and has instituted an action against the stock-broker, ISS Ltd, for the recovery of the N15 million being the value of the shares bought back.”

On May 30, 2013, Justice Idris granted the applicants leave “to register and issue a process for the enforcement of the judgment of the Tribunal in that suit made on February 26, 2004 in favour of the Applicants against the Judgment Debtor.”

The judge also made an order registering the IST judgment as the judgment of the Federal High Court and substituted the applicants' names as judgment creditors in the place of the SEC. The case, which has suffered several adjournments, was on July 1, 2015 further adjourned sine die.

Justice Idris however fixed September 26, to hear a pending application filed by the plaintiffs.

19.07.2016

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THE WHITE COLLAR IDOWU OLOFINMOYIN

idowu.olofinmoyin@norfolk-partners.com

The Case for Nigeria

T

The Case for Nigeria here was once a country whose people learnt to work hard to produce and trade with their neighbours.

They were humble industrious and by that virtue gradually became rich by selling what they produced.

They used what they earned to buy what they did not have, they brought educators to teach their children, they bought technology to improve their efficiency and they continued to produce and sell to their neighbours. Soon their children grew up rich with culture, intelligent in the ways of both their home and the world, with dreams of building a great nation in the heart of the African continent. The people recognised those who could build their country, they identified them by their knowledge, foresight and a plan for the future. Parents knew their children were capable of leading because they had a vision for that humble nation.

They measured their children as bronze, silver and gold is valued- they chose the golden children, those who showed excellence in their training to lead, the silver children to follow in the lead of the excellence and the bronze children to build the nation.

They overcame the challenges facing them together because they saw a future they could not reach without each other.

Now while an excerpt from our history will always have nostalgic appeal, this look at the origin of Nigeria’s early success is more than a mere tug at the heart strings of those old enough to have known it and those young enough to long for it again.

Instead, it sets the backdrop of the conversation about a possible Referendum on the continued existence of Africa’s most populous nation in the 21st century.

Brexit and the Copy and Paste Inclinations On Thursday 23rd June 2016 the United Kingdom, in an open nonbinding Referendum on whether the UK should ‘Leave’ the European Union, voted 51.9% in favour of leaving the EU and 48.1% to ‘Remain’ in the EU. The Referendum, although non-binding and therefore without legal enforceability of its result in the real sense, was a rare poll open to the people of the UK on a question of some political significance. However it did not exist in a vacuum, it was occasioned by the European Union Referendum Act 2015 passed by the UK Parliament.

It is well known that unlike Nigeria’s, the UK’s constitution is an unwritten body of long standing rules, regulations and conventions which in many instances place great emphasis on historical practices and political collateral. From this we also know that legally the Act does not give room for the enforcement of the result of the Referendum, notwithstanding that the effect of failing to give legal mandate to what the British people so openly voted for would be political suicide.

In this sense, the UK is different from Nigeria because whereas great weight is placed on political credibility in Britain, shame is a commodity too expensive for most of our politicians who wave away a lifetime of their

professed fundamental beliefs and principles in one farcical act, “CrossCarpeting” as often as the music stops in a game of musical chairs. Another, more fundamental difference with our Nigerian Constitution however is the issue of sovereignty and the principle of Indivisibility. Whereas the UK has a sovereign monarch who historically had been the embodiment of political power, later then passed to and exercised by Parliament as “Queen in Parliament” –(the concept that only elected representatives can make and enforce laws), we in Nigeria have a written Constitution, which is the grundnorm of our laws.

Because the Nigerian Constitution represents the very embodiment of Nigerian political will, a sort of “Nigeria in Parliament” if you will, it directs all Nigerian laws and dictates their legality based on their consistency with it. That Constitution in its very preamble states: “Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God…” and again in section 2 (1): “Nigeria is one indivisible and indissoluble sovereign state…” therefore, unlike the UK, no law may be passed by the National Assembly which is inconsistent with the principle of Nigeria’s sovereign indivisibility.

The Problem But let us be honest and move away from the mere letter of the law since what is written today is not set in stone forever. The truth is the root of this issue goes down further and deeper than the legalistic concept of what can and cannot be made into law; it goes to our very identity as Nigerians. There was a time when this question had a simple answer, but today we are first South-West, Middle Belt, East or Northern before we are Nigerian. We are now our denomination or religion before we are our brother’s keepers. We are our problems before we are our solutions.

And it is because of the people we choose as our leaders, they have quickly carved us up into factions, groups, and geo-political zones for their benefits rather than for ours, but we ask no questions.

Of course there are real fundamental problems to be solved, State Generation of Revenue and greater State Responsibility for their growth and development. Inter-Tribal Conflicts, Resource Control, and Derivation. State Security and Environmental Degradation in the Niger Delta. Infrastructural Deficits and bad planning. These are real pressing issues that should have been canvassed decades ago even.

There are deep, jagged scars of hurt and betrayal, impassioned matters of sorrow and pain everyday in the life of our nation, injustices that we see and are enraged by. We suffer them everyday… but we cannot let false prophets come and take our indignation and use it as fuel to destroy what hope of a better tomorrow we have, only to rise on those ashes to wealth and fame.

The Great Heart of Africa ~ The Case for Nigeria These demagogues constantly remind us that our problems are real, and they are. But what they never tell us is that there is also strength and

good that we have achieved together.

We are Africa’s largest nation and while many people will tell you that is a problem, it is only because they cannot understand why it is a strength and what the future can offer us. We are the market buyer’s dream, we are adept, informed and productive.

Producers we are also creative, innovative and competitive. We take nothing for granted, make little into more and our voice is strong in the world. When we say make better products, more available variety, when we negotiate with the world super powers they must listen because we are the heart of Africa.

We have been here for centuries.

Some would say the British brought us together, I would say check history, what country was not brought together by some circumstance or some other political power? Spain, the US, even Great Britain were all results of political powers consolidating, Nigeria is no different. What separates those who succeed from those who fail is the ability to take what we have and make it into more- and as Nigerians we know better than most how to do that. And the added benefit is that we can stand shoulder to shoulder with any nation and say we have been there in history to take our place at the table of men, at the great moments in history we have not shirked our responsibility, we have stood in Africa together with our brothers, we have fought in the wars for the freedoms of mankind. We are not a nation of few years, which cannot be said about the propositions made by those who advocate cessation. Imagine a small new nation, say an “Ooduwa People’s Federation” or a “Biafra” borne out of strife attempting to negotiate diplomacy at the UN against the interest of Russia or China? There will be no contest. But see how far we have come representing Africa at the UN. See our great sports men and women, our poets, our scientists, even those under other national colours, see the children of Nigerian heritage claimed by other nations, see how they thrive under adversity, and then imagine that one day we have leaders that build bridges to bring them home and consolidate our global strength.

See how strong we are now, and imagine how strong we could be. Yes we have problems, but see how we come together when we have a common cause, see our pride when we see our colours waving in the wind at the Olympics.

An Answer is Always Greater than A Problem Those who say the only way forward is to split Nigeria conveniently forget that “a rock broken into three pieces is still only more rocks”. If the problem exists in Nigeria, the problem will not by divine ordination disappear from whatever units are formed from Nigeria. If there are corrupt politicians in Nigeria there will be as many more corrupt politicians in the new nations as there are new nations formed. And if people are denied their entitlement in Nigeria, people will still be denied their entitlement in whatever nations come from Nigeria.

This is because the problem is in what we have come to accept for ourselves, in us as a people and not in the name “Nigeria”. Therefore we must come together to solve the problem as a

people since that is the true means to progress.

By Their Fruits You Know Them We cannot lie to ourselves and ignore the obvious, a real conversation needs to happen about our future, however we cannot let the men and women who seek their own interests over our greater good, those who are first prepared to take from us than to give and those who have no plan for our good to lead that conversation.

We need to put aside sentiments and choose those who truly have a vision for Nigeria, not those who have enough money to campaign, not those “who have been there long so it is their turn”, not those from a region because “it is their turn”. It is time to choose those we believe in and those we know can take us to the future we want as a nation.

We Choose to Succeed Look at successful nations and we will see that where there is progress and growth these lines of division begin to blur. The United States has more than 322, 000,000 people. Some would say they all speak the same language but if you visit New Orleans or Mississippi in the Southern region or Texas in the West, or Boston in the East I dare you to say that it is indeed one “American English” that they all speak. Their dialects of English are so distinct that they can be separate languages. They have diverse cultures as different from each region as we do in our tribes here in Nigeria. They have different religious and political beliefs, they are on display every four years to see as they elect their leaders, but what holds them together is not these beliefs, it is not their religion or even their culture- what holds them together is the sheer determination to succeed… nothing more. They have built their nation together, they have fought to grow it and they fight to protect it.

The difference between their success and what some call our “failure” is not the price of petrol today (they pay N237 per litre in the US by the way), it is not how strong your economy was years before, or how well your social welfare system will be tomorrow, it is in your mind and mine- how much do you want to succeed? How much determination are we teaching our children to approach their future with?

How far are we pushing our children to become the gold, silver and bronze of their generation?

We started out this discussion realising that… there was once a country. We saw that this country grew because it was humble and produced what it could trade with and perhaps that is what we have lost? Maybe we have become the entitled “giant of Africa” with a thirst for oil that beclouds our judgment and deceives us into believing that there is money somewhere just waiting to be taken?

I dare to remind us that success and progress are not promised to anyone, it is the man who works that earns, grows and becomes greater tomorrow than he was yesterday. So ask yourself two questions- “Am I working for my tomorrow?” and pertinently “Are the people I voted for working for our tomorrow?” if they aren’t mark them well because come another 3 years they will be back and then you must act.

16/IMAGES

LawPavilion held its maiden edition of the ‘Words in Gold’ - A Celebration of Judicial Excellence last week at the Sheraton Hotel Abuja. Here are some of the distinguished jurists, legal practitioners and personalities who graced the occasion.

19.07.2016

photos: Julius Atoi

L-R: Mallam Yusuf Ali SAN, Mr. Kola Awodein SAN, Hon. Justice Adeniyi Ademola of the Federal High Court, representing his grand father, Hon. Justice Adetokunbo Ademola, the First Indigenous Chief Justice of Nigeria, former Chief Justice of Nigeria, Hon. Justice Mohammed Lawal Uwais, Vice President of Nigeria, Professor Yemi Osinbajo SAN, former Chief Justice of Nigeria, Hon. Justice Maryam Aloma Mukhtar, former Chief Justice of Nigeria, Hon. Justice Dahiru Musdapher, Minister of Communications, Mr. Adebayo Shittu and Managing Director, LawPavilion, Mr. Ope Olugasa

Managing Director, LawPavilion, Mr. Ope Olugasa (left) and .Mr. Kola Awodein SAN

Hon. Justice Clara Bata Ogunbiyi, JSC and former Chief Justice of Nigeria, Hon. Justice Dahiru Musdapher

Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC and Hon. Justice Chima Centus Nweze, JSC

Hon. Justice Nwali Slyvester Ngwuta, JSC (left) and Hon. Justice Bode Rhodes-Vivour, JSC

Sokoto State Chief Judge, Hon. Justice Bello Abass (left) and Gombe State Chief Judge, Hon. Justice Hakila Y. Heman

Former Lagos State Solicitor General, Mr. Lawal Pedro SAN (left) and Director General, Nigerian Institute of Advanced Legal Studies, Professor Deji Adekunle

L-R: Presiding Judge, Court of Appeal, Enugu Division, Hon. Justice Moronkeji Ogunwumiju, JCA (left) and Presiding Judge, Court of Appeal, Lagos Division, Hon. Justice Amina Augie

Hon. Justice Adeniyi Ademola (left) and Hon. Justice Okon Abang both of the Federal High Court

Ogun State Chief Judge, Hon. Justice Olatokunbo Olopade (left) and Osun State Chief Judge, Hon. Justice Adepele Ojo

Hon. Justice Gabriel Kolawole and Hon. Justice Fadima Zara Murtala Aminu both of the Federal High Court

Presiding Judge, Court of Appeal, Kaduna Division, Hon. Justice Uwani Abba-Aji, JCA (left) and Bayelsa State Chief Judge, Hon. Justice Kate Abiri

Chief Iyiola Oladokun (left) and Pa Emmanuel Abiodun

25

T H I S D AY • TUESDAY, JULY 19, 2016

BUSINESSWORLD

INDUSTRY

As Harsh Regulations Stifle Businesses As private sector operators lament the various challenges posed by the difficult operating environment, Crusoe Osagie looks at a fresh hurdle before businesses in Nigeria But for the role President Barack Obama played in the rescue of the United States private sector during the global economic meltdown in 2008, he probably would have been classed among the worst presidents in the history of his country.

As at today, the US seems to have done better than most countries in the aftermath of the 2007-2009 financial crisis. Europe has struggled to cope with high debts and epileptic growth. And Japan has continuously walked on the edge recession. Among the world’s top economies, only China mostly escaped the worst of the fallout from the Great Recession.

The US has grown steadily at about a 2per cent pace since a recovery began in 2010. There has been a surge in job creation — 14 million new jobs since 2010. Auto sales recently hit a record high and home builders are rushing to build new properties to meet rising demand.

The success of the US in managing the financial crisis was premised two laws quickly enacted by then outgoing president, George W. Bush and Obama.

While the crisis was initially engaged with the Emergency Economic Stabilisation Act of 2008 signed into law by Bush, the momentum was sustained by a second law sighed by Obama called the ‘American Recovery and Reinvestment Act of 2009 (ARRA)’ The Emergency Economic Stabilisation, which is a mirror image of the Nigerian law which set up the Asset Management Corporation of Nigeria (AMCON) was enacted in October 3, 2008, commonly referred to as a bailout of the US financial system, is a law enacted in response to the subprime mortgage crisis authorising the United States Secretary of the Treasury to spend up to $700 billion to purchase distressed assets, especially mortgage-backed securities, and supply cash directly to banks.

The funds for purchase of distressed assets were mostly redirected to inject capital into banks and other financial institutions while the Treasury continued to examine the usefulness of targeted asset purchases. Both foreign and domestic banks were included in the programme.

The implementation of this law, coupled with ARRA, was chiefly responsible for the rebound of the US economy which now has as much jobs as its citizens are will to do.

Different Case in Nigeria Unfortunately, the same cannot be said about the Nigerian equivalent of these interventions.

AMCON, unlike its US counterpart, thinks it is better to shut down businesses everywhere and create the very scenario, which it was established to prevent: Economic lull, loss of jobs, declining investment and dented business confidence.

As for businesses that have faced the wrath of AMCON, it is a lengthy roll call. Multitrex, a foremost cocoa processing company in Nigeria; Aero Contractors Limited, Bi-Courtney Limited and Capital Oil Limited. There were all shutdown by the corporation with thousands of Nigerians sent to the unemployment market.

Last month, AMCON sealed the Abuja premises of Silverbird Galleria belonging to Senator Ben Murray Bruce. The galleria currently houses the Abuja studio of the radio and television stations of the senator as well as his other business interests. Apart from Bruce’s companies, the seven-storey building also houses other business interests such as Shoprite, United Bank for Africa, Standard Chartered Bank, Mango boutique, and Etisalat office among others. The building was sealed by AMCON through the assistance of law enforcement agencies around 8am following a court order secured by AMCON. Conspicuously written on the fence of the building as well as other strategic locations was an enforcement notice

by AMCON, which says, “Possession taken by court order 26/06/16.”

Impossible Regulatory Requirement Along with the Central Bank of Nigeria (CBN), AMCON has another set regulations, which may be the final lethal blow for companies

AMCON MD, Ahmed Kuru across the various segments of the economy from financial sector to manufacturing and oil and gas.

For companies already indebted to AMCON by reason of the fact that earlier debts to commercial banks were purchased by the corporation, the CBN seems to have crafted a set of regulations that make it virtually impossible for banks to grant them credit in the future.

Analysts believe this approach is rather counter-productive, because the reason why the toxic assets were inherited by AMCON in the first place was to free both the financial institutions and the business operators to continue to advance their ventures, in order to keep the companies alive, so as to gradually pay off their initial debt now held by AMCON. Unfortunately, the CBN has imposed some extremely stringent rules for accessing credit on private sector operators, even the ones whose existing debts with AMCON are performing.

Imagine banks trying to advance credit to companies who although indebted to AMCON, have performing loan status, getting the following correspondence from the CBN in a letter signed by its Director of Banking Supervision, Mrs. Tokunbo Martins: “Following the issuance of our circular of June 30, 2014 titled “Prohibition of Loan Defaulters from Further Access to Credit Facilities in the Nigerian Banking System,” the CBN has received several requests from DMBs seeking approval to extend further credit facilities to the above concerned obligors.

Having consideration of the various points raised by the DMBs, the CBN in this regard is issuing the following guidelines for the process of considering such requests.

Amcon Obligors “An institution, having done a credit appraisal on the delinquent obligor and is desirous of extending a new facility to the obligor; should approach AMCON and obtain the following: The value of the obligor’s EBA purchased

by AMCON; the terms of settlement reached

CBN Governor, Godwin Emefiele between the obligor and AMCON, including a copy of the offer letter issued by AMCON upon restructuring of the facility; the current performance status of the obligors’ facility(ies) with AMCON and details of repayments so far made with dates; Obligor’s good faith payment made (if any) and collaterals held; and a letter from AMCON expressing no objection (not guarantee) for the grant of the new/ additional facility by the DMB. “After obtaining AMCON’s expression of no objection, the financial institution should write to the CBN seeking an exception for the obligor. The letter should be forwarded along with the following: The above information received from AMCON and AMCON’s letter of no objection (not guarantee) for the grant of the new/additional facility; Details on the proposed additional facility and the purpose of the facility. The institution’s request should include reasons advanced by the obligor for non-repayment of initial facility(ies) availed; Details on how the new facility would positively impact on the obligor’s outstanding indebtedness to AMCON or on any other delinquent facility (ies); Details of the collateral/credit risk mitigants proposed for the new facility and the level of perfection of title. This should also include valuation reports, from two independent valuers, indicating the open market value and forced sale value of the proposed collateral.

The security/collateral should be distinct from whatever collateral is being held by AMCON for the EBA (Eligible Bank Asset) or where not different, details of agreements reached in this regard; and the sign-off of the bank’s Chief Risk Officer (CRO).

Other Categories Of Delinquent Obligors The Institutions’ request to the CBN should contain the following information: Details on the proposed additional facility and the purpose of the facility. The institution’s request should include reasons advanced by the obligor for non-repayment of initial facility(ies) availed; Details on how the new facility would positively impact on the obligor’s outstanding indebtedness

to any other financial institution; Details of the collateral/credit risk mitigants proposed for the new facility and the level of perfection of title. This should also include valuation reports, from two independent valuers, indicating the open market value and forced sale value of the proposed collateral; Evidence of the institution’s board approval for the new facility which shows that the board is aware that the borrower had defaulted on its previous loans and the institution is desirous of extending an additional facility to the obligor; and the sign-off of the bank’s CRO. “In addition to the requirements for AMCON obligors and other delinquent obligors above, the lending institutions must meet the following prudential requirements: The institutions must have met the minimum regulatory and internal economic capital adequacy ratio and liquidity ratio requirements for six months prior to the request; The non-performing loans ratio of the institution should not have exceeded 5per cent in the last six months prior to the request; and The bank would be required to make a provision of 50 per cent on the loan from the onset of the loan irrespective of performance status and 150 per cent if for any reason the loan later turns out to be non-performing.

After a review of the bank’s request, the CBN would either note the bank’s submission or decline. Institutions should be aware that the CBN’s position does not compel the bank to avail any facility to the obligor.”

With these sort of stringent rules in place, clearly, most of these companies would be denied credit by the banks, therefore, even companies with performing loan status with AMCON will soon slide into non-performance, leading to the failure of more and more companies, damage of the spirit of enterprise, and inevitably leading to more and more job losses and a contracting economy.

Considering the current economic crisis at hand, the federal government must rethink its financial engineering strategy and make adjustments in regulations not to encourage dubious debts but also not to stifle enterprise.

26

T H I S D AY • TUESDAY, JULY19, 2016

BUSINESSWORLD

INDUSTRY

HarvestPlus Flays Report on GMO Vitamin A Cassava, Maize No foreign gene in crops, organisation insists Crusoe Osagie with agency report HarvestPlus Nigeria has dismissed as “false and misleading” reports that vitamin A enriched cassava and maize are developed from genetically modified organisms (GMOs), saying not only are the claims erroneous but couched to distract Nigerians from the target of consuming more nutritious staples.

HarvestPlus is an international research-based institution developing and promoting bioforti-

fied staple crops to improve human health, nutrition, and provide global leadership on biofortification evidence and technology.

The organisation stressed that the improved crop varieties are developed from conventional breeding methods with the aim of combating hidden hunger and ensuring consumers get maximum value from food and confectionaries.

In a statement in Ibadan signed by its Communication Officer, Ikechukwu Onyewuchi, HarvestPlus maintained that

much as vitamin A cassava and maize and their finished products contained improved nutritional value, there was no trace of GMOs in the different varieties of the bio-fortified products it released after due approval from relevant government agencies.

A France-based organisation, Intelicor, had allegedly released a report in which it linked the recent tomato disease outbreak, Tuta absoluta, and the release of biofortified crops, such as vitamin A cassava and maize, as calculated efforts to rid Nigeria

of organic food and products, adding that an international agrochemical company, Monsanto, was spearheading efforts to force GMOs on rural and commercial farmers.

But HarvestPlus described the claims as outlandish and inconsistent with facts on the ground, noting that it was regrettable and ignorant that anyone would categorise vitamin A cassava and maize as GMOs. It pointed out that Nigeria’s Minister of Environment, Amina Mohammed, confirmed that ap-

proval for GMOs in Nigeria are restricted to field trials, a move that shows that government is equally keen on protecting Nigerians from harmful GMOs. Stating that the minister was categorical in her statement, the firm said it was clear that crops approved in the country bore no trace of GMOs and that it firmly believes that the government wouldn’t be a party to any effort to endanger the lives of Nigerians.

The organisation said, “It is unfortunate that anyone would say vitamin A cassava and maize are GMOs. The claims are false and misleading. Anyone who doubts the nutritional content of

the crops is welcome to conduct laboratory tests on them to ascertain the presence of foreign genes. All of the varieties that have been released are not only breed conventionally, they are constantly tested to ensure that provide better nutritious value to the poor so as to effectively combat hidden hunger.”

It added that much as the campaign against harmful GMOs was laudable, especially where certain products may raise ethical concerns, activists shouldn’t disparage the effort of those who are genuinely committed to deploying research and conventional farming practice in bettering the lives of people.

Bird Flu Spread in Nigeria, Ghana, Others Worries FAO Crusoe Osagie with agency report

MEDIA PARLEY

L-R: Chairman, Technical Information/Technical Standing Committee, Society of Petroleum Engineers (SPE), Nigeria Council, Mr. Debo Fagbami; Secretary, SPE Nigeria Council/Nigerian Annual International Conference and Exhibitions 2016 (NAICE 2016) Secretariat Sub-Committee Chairman, Mr. Ignatus Anyanwu; Chairman, SPE Nigeria Council, Mr. George Kalu; and Vice Chairman, SPE Nigeria Council, Dr. Saka Metemilola, at the media briefing on SPE/NAICE 2016 in Lagos …recently ETOP UKUTT

Firms Plan More Investments in Bosch Moves to Boost Cassava Nigeria Industry with New Technology Christopher Isiguzo in Enugu Daimler and Weststar Associates Limited, makers of Mercedes Benz automobiles have vowed to increase their investments in Nigeria despite the present harsh economic condition.

The firms also pledged their readiness to partner the federal government in its drive to build stronger economy that would effectively compete with other economies in the West African sub-region and beyond.

Speaking during the flag off the one week Tetralog Nigeria Limited Mercedes Benz Service Camp in Enugu, Weststar After Sales Manager, Mr. Thomas Ogundiran and the Editor of Transport Magazine, a Daimler publication, Mr. Christian Schimdt, pledged to give Tetralog Nigeria Limited and other dealers in Nigeria the necessary support to ensure their products get to all customers in the country.

The officials who flew in from Germany to be part of the exercise, said in spite of the harsh economic climate, the Nigerian market still has a lot of potential, noting that the government equally required the support of private sector players to be able to put an

enabling environment in place.

Ogundiran specifically noted that Nigeria is a huge market and therefore holds great future for Mercedes Benz as a company.

“We are therefore committed to the Nigerian market because it holds a lot of potentials,” he said.

Also, Schmdt disclosed that they have four outlets in the country located in Enugu, Lagos Abuja and Port Harcourt, promising that the company would always support Tetralog in the training of its staff.

Earlier in his welcome address, the Managing Director of Tetralog Nigeria Limited, Onuorah Nnabugwu, said the Mercedes Benz Service Camp, which is the maiden edition, was essentially designed for Mercedes Benz Truck customers especially Actros Trucks free check-up, general inspection and diagnosis of their trucks.

“A corollary to the camp will be the training of drivers and technicians in order to fine-tune their skills to handle their trucks better. To the best of my understanding, it is also an effort to sensitise Mercedes-Benz customers in the need for proper care and maintenance of their vehicles using original and genuine Mercedes-Benz parts,” he said.

Goddy Egene Bosch, a global supplier of technology and services, has said it is introducing its worldleading packaging technology to the Nigerian cassava market.

Through the technology, Bosch is partnering Nigeria’s cassava farmers and processors to improve their processing and packaging facilities, the quality of their cassava products and expansion of their product offering for local consumption and export.

As the largest producer of cassava in the world, the Nigerian government sees cassava’s potential as a commodity that can transform the Nigerian economy and reduce poverty in the country. To achieve this, the industry must add value to the crop through processing and packaging as it is currently largely sold in raw form and at this stage does not contribute significantly to the value-added cassava products available in the marketplace.

President of Bosch Africa, Dr. Markus Thill said Bosch Packaging Technology will play an essential role in cassava’s move up the value chain from farmer to the consumer, thereby contributing to the stimulation of economic growth in the country.

Thill said: “Without food packaging that meets globally accepted standards of quality and safety, Nigeria’s cassava industry will not be able to sell its products on the global market. Bosch Packaging Technology provides the perfect solution that meets the stringent requirements of international trade while also offering stakeholders numerous benefits locally. Together with key Nigerian stakeholders we can assist and support the development of the cassava sector. Our products will enable Nigeria’s local entrepreneurs and farmers to eradicate wastage, improve food security and build new industries, thereby growing the Nigerian economy and improving the quality of life for its citizens,” adds Thill.

According to him, Bosch’s culture of doing business with a conscience has seen the company engaging with the United Nations Industrial Development Organisation (UNIDO) to identify opportunities for industrialisation in emerging markets to combat food safety & insecurity.

“Bosch views this initiative as crucial to the progress of the African continent in terms of economic development, sustainability and enhancing food security.

Countries across West and Central Africa are on alert as the highly pathogenic avian influenza virus H5N1continues to spread across the region, with Cameroun becoming the latest African country to detect the disease. The strain can infect and cause death in humans and kills poultry at a high rate.

According to the Food and Agriculture Organisation (FAO), the latest H5N1 outbreaks were recently confirmed on chicken farms in Cameroon putting the poultry production in the country and its neighbours at high risk. This is the first time the disease has been found in Central Africa since 2006.

This brings the number of countries that have battled bird flu in West and Central Africa to six, also including Burkina Faso, Cote d’Ivoire, Ghana, Niger and Nigeria.

Nigeria continues to be most affected with the total number of outbreaks exceeding 750 with nearly 3.5 million birds dead or culled. The newly recorded outbreaks in Cameroon raise significant concerns that the disease may be advancing southward, triggering national and global emergency responses to contain the disease, and health screenings of poultry workers.

FAO, meanwhile, is alerting neighbouring governments to be vigilant and continue their heightened surveillance and prevention efforts, including common messaging to the public and data sharing between the public health and agriculture sectors.

“We’re looking at a quickly spreading disease that has devastating effects on livelihoods in communities,” said Abebe Haile Gabriel, FAO Deputy Regional Representative for Africa. “H5N1 causes major losses of nutritious food and threatens farmers’ livelihoods, particularly in resource-poor environments where governments have difficulty providing financial compensation for losses,” he said, adding that “trade restrictions often pose an additional hardship on already struggling economies.”

The H5N1 strain of avian influenza has caused the death of tens of millions of poultry

and losses of tens of billions of dollars worldwide since the virus first spread internationally in 2013 — in Cameroon alone, losses have added up to an estimated $20 million, according to local media reports.FAO is working closely with the World Health Organization (WHO) and the World Organisation for Animal Health (OIE) to offer member-countries assistance, such as risk assessments, contingency planning, technical advice and laboratory material. They also help with investigating potential avian influenza cases in animals and humans and locating the source of infection.

In Cameroon, FAO is boosting the local veterinary services’ capacity to respond rapidly to new outbreaks and is working with the government to finalize an action plan similar to effective plans applied in other countries stricken by the virus.

Response interventions include culling infected and exposed poultry, disinfecting premises and markets and safely disposing of dead birds.

Veterinary officers, meanwhile, are encouraged to use basic techniques like “traceforward” - which looks at where infected animals have been sold or moved to - and “trace backward” - examining where infected animals were purchased or where they came from - to find sources with the ultimate goal of halting continuous virus introduction or further spread.

A major concern is that the disease may become endemic in the entire region, particularly in Nigeria where avian influenza has become so entrenched in poultry production and marketing systems that it will be difficult to eliminate.

For that reason, producers and traders need to be made aware about the clinical signs of the disease symptoms, how and to whom to report it, and implement good hygiene practices to halt its spread.

FAO will continue assisting governments in mobilizing funds to combat H5N1, in addition to the agency’s own efforts to help boost local veterinary systems, strengthen laboratories, and deploying FAO specialists to affected and at-risk countries.

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T H I S D AY • TUESDAY, JULY 19, 2016

BUSINESSWORLD

PERSPECTIVE

Profitable Investment in Toothpicks Production

Uba Godwin When one wants to select the best small and medium scale project to invest into, two major important considerations to make apart from location and nearness to market are one; the projected daily turnover and two; acceptability of the products(s) in the market. In Nigeria we have all the basic raw materials and technology to produce and package quality toothpicks which investors are yet to harness.

Experience has shown that any product that is consumed by many and on regular basis always assures profitable investment.

Market survey has shown that toothpick has very high demand and always record very high consumption rate and of course high turnover.

The market for toothpicks exists and also expanding. The market is sustainable and above all the relevant raw material inputs are 100% locally available and handy.

In a country in Nigeria where there is lack of employment, one can establish the project as family business to accommodate the unemployed in the family. Let us look at some important issues that place the project as one to invest into.

Market for the Products The daily uses of toothpicks in homes, hotels, and various institutions are well known virtually everybody uses toothpicks on daily basis to remove unwanted food leftovers that stick

to the teeth. Toothpicks when well produced and packaged can be sold locally to satisfy the needs of the market or can be exported to earn foreign exchange because of its high export potential.

From our market survey, there are very few plants producing toothpicks in the country currently and the number is still and the number inadequate to produce for a growing population of about 160million people. Therefore more local producing plants are needed in the country.

The raw materials for making them are either hard wood or bamboo, light round plastic containers, to which the company’s logo printed on paper can be glued or preprinted small light paper cartons are used to package the finished product.

The whole of these inputs are sourced locally which is one big advantage this project has assurance of regular supply of the raw materials, steady production and profitability.

Machinery & Equipment The machines and equipment required for the project are locally available. They include round cross-cutting machine, slicing machine, slitting machine; stick making machine, skewer sizing machine, polishing machine, sharpening machine and packaging/arranging machines and dust collector.

We have complete set of these machines for sale. The machines will be supplied to a prospective investor(s) within nine (9) weeks

of commissioning. It will be supplied with warranty. It will be installed, test run recruit and train your manpower as well. A complete set of the machines will go for N5.5 Million exchanges the cost of installation.

Funding The project can be financed by Cooperative societies, Local Government Councils or State governments, individuals and corporate organizations in the form of owner’s equity.

The writer will give further information on how to raise finance for the proposed project.

This is an export oriented value added project that has a short payback period and therefore should attract ready financing.

Investment Analysis The project can be started with the sum of about N13.0Million as shown below. The payback period is within two (2) years of operation.

The rate of return on investment is about 59%. Projected turnover of about N47million will be generated within the 1st year of operation. Details will be given to prospective investors.

Implementation To implement this project, a minimum of 12 people are required to ensure a smooth take-off.

Though the project could be located in any part of the country, however the promoters are advised to ensure that the project is cited where bamboo or hard wood can easily be obtained at least cost.

This will help reduce the cost of transporting

the raw materials. He should put up the needed building, conduct a comprehensive feasibility studies to act not only as a guide for professional implementation and monitoring of the project but also as a handy requirement to facilitate fund attraction from co-promoters or finance organizations; in-stall the plant and machinery and buy the start-off raw materials.

The importance of good quality products, attractive packaging; proper management structure and of keeping proper and timely records of the projects operations cannot be over emphasized.

Estimates of the Project take off Cost (N’) Accommodation (rented) 1,500,000 Pre-investment 500,000 Office Equipment 500, 000 Plant and machinery 5,500,000 Utilities (including generator) 1,500,000 Working capital 2,500,000 Contingency 1,000,000 Total 13,000,000 For details on preparation of comprehensive & bankable feasibility studies/ report, sourcing & installation of quality & durable machines; Recruitment & Training, Sourcing of Investment funds, please contact the writer.

Uba at Global Trust Consulting, 56, Ishaga Road (1st floor), Surulere, Lagos Tel: 09093939140, 08034494437, 08023664368 E-mail: ubagodwin@yahoo.com

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T H I S D AY • TUESDAY, JULY 19, 2016

BUSINESSWORLD

NEWS

Halogen Unveils Speed Limiter Device, Commends FG for Bill Passage One of Nigeria’s leading integrated security solutions providers, Halogen Security Company Limited, has launched its first speed limiter device for vehicles in the country.

The device, according to the firm, is designed to encourage better driving practices and enhance road safety among motorists and other road users.

It also helps to ensure that the stipulated legal road speed limit or a desired speed limit is not exceeded by controlling the fuel feed to the engine, in order

to limit the vehicle speed to a preset value.

The introduction of the device follows the recent passage of the speed limiter bill into law by the National Assembly. The speed limiting law will go a long way to improve compliance with speed limits and reduce unsafe driving speeds, which usually leads to road accidents and its attendant deaths, injuries and other hazards in Nigeria.

The Halogen Security Company speed limiter, known

as Halo-Speed, is designed to be installed in trucks, buses, vans and cars. Halo-Speed changes the in-built relay when the vehicle speed reaches the pre-set maximum speed. When the vehicle speed reaches near pre-set speed limit, the buzzer sound warns the driver that the maximum speed is close to the limit and when the vehicle pre-set speed limit is reached, the speed limiter remains at the appropriate speed. This implies that no matter how the driver tends to accelerate, the pre-set

speed limit will not and cannot be exceeded.

Speaking on the development, the Business Manager, Fleet Management and Telematics of Halogen Security Company Limited, Mr. Olabisi Familusi, said that, “it is common knowledge that many vehicle drivers still do not have their valid driver’s license.

Many others have not undergone proper and official driving tests to ensure and determine their suitability. To curb excessive speeding that

is responsible for half of road accidents, it is important that we all embrace the introduction of speed limiting devices as introduced by the Federal Road Safety Commission for all vehicles.”

Familusi added: “Halogen Security offer other fleet management solutions that increase driver efficiency, provide fuel efficiency and management, and monitor and track fleet real time.

Some of the products offered include, but are not limited to GEOTAB G07, GEOTAB

G06 and GEOTAB G50. As a leading security company we pride ourselves in providing our customers with state of the art solutions that will improve the quality and longevity of their fleet”.

On his part, the Managing Director/Chief Executive Officer of Halogen Security, Mr. Wale Olaoye, stated that the speed limiter device, Halo-Speed, introduced by the company is one of its value-added offerings designed to ensure the wellbeing of its people.

Delta Air to Deploy Innovative Baggage Eko Atlantic Completes Nigeria’s First Eight Tracking Process in Lagos Lane City Road, Bridges Chinedu Eze Delta plans to deploy Radio Frequency Identification (RFID) baggage tracking technology across its system, including between Lagos Murtala Muhammed International Airport and Hartsfield-Jackson Atlanta International Airport.

The move, according to the airline, will provide Nigerian customers with improved real-time tracking of luggage throughout the travel experience. Delta remains the only U.S. carrier to operate nonstop service between Nigeria and the United States offering hundreds of onward connecting opportunities via Delta’s Atlanta hub.

The airline said the RFID would replace barcode hand

scanning – the industry standard since the early 90s. With this new technology, scanners use radio waves to capture highly accurate and consistent data stored on an RFID chip embedded in the luggage tag, driving superior tracking and increased transparency.

“With RFID, customers will see their bags on and off the aircraft during their journey via push notifications to the Fly Delta mobile app beginning in the fourth quarter of 2016,” the airline explained. The commercial manager for West and East Africa, Delta Air Lines, Bobby Bryan said, “RFID is another example of our investment in the Nigerian marketplace. It offers customers clear visibility

of their checked bags and will set a new standard for more transparent, interactive tracking on the Fly Delta mobile app.

“Delta’s daily nonstop flight between Lagos and Atlanta has gone from strength to strength and we continue to be focused on offering the best experience for our customers,” he said.

Better baggage handling processes and enhanced technology have already shrunk the airline’s mishandled bag rates by 68 percent over the past 10 years, establishing Delta as the leading U.S.-based global airline for baggage performance. In 2015 Delta led U.S. global airlines in DOT bag performance while setting six monthly DOT records and a full year record.

Emma Okonji Eko Atlantic City, a unique, innovative development project on the coast of Lagos, has reached advanced stages in the first five million square metres of the project, according to Chagoury Group, the development project developer.

The city not only boasts of independent power and water supply, seamless communications network, but also an 8-lane arterial road over 1,500 metres long. This will be the first of its kind in Lagos and Nigeria, the Group said in a statement.

The city, which is divided into eight districts, is planned for mixed-use with commer-

cial, residential, entertainment and leisure activities to make the city a 24/7 lively environment. City amenities and services will include an international school, plant nurseries, hospital, and a state-of the art shopping mall.

The 8-lane boulevard’s road design and construction has been built to world’s best practice with beautifully paved sidewalks, tree-lined and streetlights completed with a stunning ocean view. One of the considerations when developing the Eko Atlantic city was to guarantee a trafficfree zone. This has now been achieved with the major road network recently completed.

The extensive road network is

now clearly defined with an area in excess of 200,000 sq. metres. Most significantly Eko Boulevard, the focal point of the Business District is fully completed from Ahmadu Bello Way in Victoria Island to the Ocean Front Sea Wall.

Chagoury Group said: “We are extremely proud to have achieved another major milestone in the development of Eko Atlantic City. This futuristic city is not just for residential and commercial activities but a tourist attraction. We strongly believe the new boulevard will enhance business activities, facilitate intercity transportation as well as attracting tourists from all over Africa.”

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T H I S D AY • TUESDAY, JULY 19, 2016

PROPERTY & ENVIRONMENT Of Nigeria’s Validation of Sustainable Energy Plan Nigeria is set to join other developed economies to cut its dependence on fossil fuels for its energy needs with the recent validation of a national action plan on sustainable energy for all, developed with support from the United Nations Development Programme and the New Partnership for African Development, reports Bennett Oghifo

S

takeholders congregated in Abuja recently to validate the draft Sustainable Energy for ALL (SE4ALL) Action Agenda for Nigeria based on the global quest for a shift from fossil fuels to more environment-friendly

sources.

Energy is essential in driving and growing national economies as well as improvement in standard of living of mankind; with fuels, electricity and process heat being the most relevant forms of the final energy. However, secured, available and affordable as well as sustainable energy has eluded many economies including that for Nigeria.

UN response...

It was against this background that the UN Secretary General, in September 2011, pronounced the Sustainable Energy for ALL Initiative, with the view to bringing all sectors of society, including, private, Government, Civil Society and Academia, to support the three interlinked objectives of ensuring Universal access to modern energy services; doubling the share of renewable energy in the global energy mix; and doubling the global rate of improvement in energy efficiency, all by 2030.

The initiative was officially launched in Nigeria by the President of Nigeria on 23rd August 2012 at the State House in the presence of then UNIDO Director General and Chair, UN Energy, Dr. Kande Yumkelia.

The follow-up action...

After the launch, in the discharge of its statutory responsibility for strategic planning and coordination of national energy policies in all its ramifications, Energy Commission of Nigeria was supported by the United Nations Development Programme (UNDP) to work with other stakeholders, including government ministries, departments and agencies (MDAs) in domesticating the UN initiative in the country.

To this effect, sensitisation workshops on SE4ALL were held in 2012 and 2013. In 2013 also a SE4ALL Rapid Assessment Gap Analysis for Nigeria was carried out; and stakeholders met in this same venue to validate the draft. The Rapid Assessment & Gap Analysis provides regional and international stakeholders with information on the current status of the energy access, renewable energy deployment and energy efficiency.

The next step in the SE4ALL milestone is the preparation of country- specific Action Agenda across government ministries and departments to bridge the gaps earlier identified in line with international template. In developing the draft SE4ALL Action Agenda, a Lead Consultant, ECOWAS Commission, Prof. Ken Ike was engaged to work with all stakeholders. NEPAD provided the Africa regional platform, while the Energy Commission of Nigeria played its coordination role. The Director-General/ CEO, Energy Commission of Nigeria (ECN), Prof. Eli Jidere Bala gave this background in his opening remarks at a 2-day national technical validation workshop on Sustainable Energy for All (SE4ALL) action agenda in Abuja, recently.

“We are here today in a ceremony to usher in the 2-Day Technical Workshop meant to validate the draft Sustainable Energy for ALL Action Agenda for Nigeria. The draft was produced under the auspices of the Energy Commission of Nigeria with the support of the United Nations Development Programme (UNDP).”

He lauded the UNDP-Nigeria Office for their support for sustainable energy development in Nigeria.

The Minister of Science and Technology, Dr. Ogbonnaya Onu, who declared open the validation exercise open, said, “The role of

R-L: Head, Environment & Sustainable Development, UNDP, Mr. Muyiwa Odele; Director-General/CEO, Energy Commission of Nigeria, Prof. Eli Jidere Bala; Minister of Science and Technology, Dr. Ogbonnaya Onu; and Director, Programme and Implementation, NEPAD office, Nigeria, Mr. Sunday Ogu, at the validation of the draft Sustainable Energy for ALL (SE4ALL) Action Agenda for Nigeria in Abuja... recently

energy as a commodity for foreign exchange earnings and an instrument for growing other sub-sectors of the domestic economy, as well as an instrument for international politics cannot be over emphasised.

“Therefore, adequate availability of energy in a sustainable manner, as defined by 1987 Brundtland Report, becomes imperative for national development.”

The interlinked objectives of ensuring universal access to modern energy services; doubling the global rate of improvement in energy efficiency and doubling the share of renewable energy in the global energy mix by the year 2030, may look global but that “the initiative concerns us in the developing countries most. Perhaps, that was why Nigeria launched this initiative in 2012.”

According to the minister, “The need for Nigeria to focus on science and technology, as is being emphasised by my Ministry, is once again emphasised in the global choice of renewable energy and energy efficiency as the main pillar on which the whole world can achieve sustainable energy for all by the year 2030.”

He said achieving SE4ALL objectives required country-specific strategies and action plans across government ministries, departments and agencies (MDAs) to support the mainstreaming of energy into the development process.

“Equally important is the sensitisation and creation of awareness among key economic sectors and actors like the providers of energy services - public sector, private sector, CSOsand the energy end-users (agriculture, small business, industry, health, education, etc) at all levels -local, state and federal.

UNDP’s position...

The SE4ALL initiative would go a long way to complement the government’s efforts at increasing Nigeria’s access to electricity and

other modern energy services for economic growth, particularly now when the country is experiencing energy challenges, which has led to many individuals and corporate bodies having to depend on the use of privately owned generators to meet their electricity needs.

This is contained in an address by the Head, Environment & Sustainable Development, UNDP, Mr. Muyiwa Odele, who represented the Resident Representative and Country Director at the event.

Odele, who reminded the distinguished gathering that the time frame to achieve the objectives of the SE4ALL by 2030 was less than 15 years, said as things stand, “the promotion of renewable energy technologies and energy efficiency becomes an operative to meet the energy need of many Nigerians both in the rural and urban areas.”

He recalled that “over the years, the United Nations Development Programme (UNDP) has working tirelessly in partnership with the Energy Commission of Nigeria under the Access to Clean Energy partnership framework towards the achievement of the SE4ALL targets, as evidenced by the quality and of projects implemented to date.

“UNDP with support from the Global Environment Facility and in collaboration with the Energy Commission of Nigeria launched the Energy Efficiency Programme, which made tremendous achievement by; Supporting the federal government to put in place Minimum Energy Performance Standards for two major sets of applienaces –lighting and refrigerators for regulation of sub-standard products.

It also supported the government to establish Standard Energy Efficiency Testing Laboratories for lighting appliances and refrigerator at the Standard Organisation of Nigeria for quality standardization.

UNDP also, working in partnership with

the Bank of Industry (BOI), inaugurated the Access to Renewable Energy project, with the aim of catalyzing private investment in the renewable energy sector in Nigeria through MSMEs grants.

He said earlier in the year, as part of its contribution to ongoing national efforts to rebuild the North East, UNDP and ECN initiated a project aimed at the provision of off-grid solar energy services to two communities in Hong Local Government, Adamawa state - that were ravaged by the Boko Haram insurgency namely - Gaya Siikami and Fa’a Gaya.

“This was done through the installation of photovoltaic systems which currently provides the communities with essential domestic lighting, portable water supply and refrigeration for the Community Health Centre. A total of 267 households have benefited directly from stand-alone PV systems installed in their homes,” Odele said. Similar initiatives are currently being replicated in 10 other communities in Adamawa State.

He said, “Although these interventions by the Energy Commission of Nigeria and UNDP as well as those of other development partners have recorded some successes and form a good foundation to build upon in the country’s quest to promote sustainable energy, a lot more still needs to be done to impact positively on the lives of the Nigerian people - this in essence is what the Sustainable Energy for All Action Plan represents.”

NEPAD...

Mrs. Augusta Obiekenwa Ume, the acting Chief Executive Officer, NEPAD Nigeria office, represented by Mr. Sunday Ogu, listed the role played the organization in the quest for sustainable energy and thanked all the stakeholders that collaborated with it in providing the platform.

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T H I S D AY • TUESDAY, JULY 19, 2016

PROPERTY & ENVIRONMENT

NUJ, NAWOJ Begin Construction of High-profile Estate for Journalists Bennett Oghifo Promoters of estates in the country often talk about delivering decent and affordable housing but hardly walk the talk. Regardless, one project that promises to give value for money is the ultra-modern housing estate being developed by the Nigeria Association of Women Journalists (NAWOJ) and the Nigerian Union of Journalists (NUJ), Lagos State Council.

An impressive groundbreaking ceremony of the exquisite estate took place at project site located at Abaren Community, a low-density suburb in Mowe, off the Lagos-Ibadan Expressway.

A total of 800 homes will be built in the estate, complete with modern facilities including renewable energy for lighting and heating. This technology would not come cheap, but it is achievable, said Prince Adetunji Ogunwusi, the Chairman of Primewaterview Holdings, the development company entrusted with the job.

Ogunwusi said the plan was to provide the estate with 24 hours uninterrupted power supply which residents of the community would also benefit from but at a premium price that would not disturb their livelihood. He said the greatest beneficiaries of the project would be the people of Abaren. Electricity will be brought into this community by the special grace of God and

the kind of electricity will be renewable energy. Of course, it comes a little bit expensive but at the end of the day we will amortise it. It is not going to come cheap and it is not going to be expensive either.

Each home will have its meter and it will be on pay-as-you go basis. We will get all the necessary approval to do this.”

Earlier, the Group Managing Director, Primewaterview Holding, Mrs. Morinola Babalola promised to engage youths and artisans in the community in the construction work. “We are going to create jobs for youths and artisans in this community.”

Babalola, who distributed educational materials to school children in the community on behalf of her organisation, said the gesture was to show real love to the community for accepting the project.

A visibly elated President of NAWOJ, Mrs. Ifeyinwa Omowole said the project would not have seen the light of day but for the role played by the Lagos State Council of the Nigerian Union of Journalists, led by Mr. Deji Elumoye.

“I had a dream but we didn’t have money. I kept looking for who will give us land for free; federal and state governments but nobody listened then I went to Mr. Deji Elumoye,” she said.

As part of their contribution to the development of the host community, she said some renovation work would be done in the community school, add-

ing, “We are going to use this opportunity to teach Nigerians, Corporate organisations, the political class and the world how to do CSR that benefits host communities directly.”

She explained that in the course of the project, the community primary school would be roofed and electricity and road networks would be extended to the Abaren community.

Omowole said the estate in Abaren was a pilot scheme and that land has been acquired in Taraba and Abuja for journalists housing.

school, hospital, police post, shopping mall, recreational area, motorized water system and every facility that should be in a modern estate, Elumoye said.

“It is a town within a town and by the time we finish the first 200 units, all access roads would have been completed.

You will not recognize the place in December.” That is when the development company promised to deliver the first phase, comprising 200 homes.

Elumoye said the 200 houses would be delivered to beneficiaries on or before December and that the remaining 600

According to the Chairman of the Lagos Council of NUJ, Mr. Deji Elumoye, the NAWOJ/NUJ Pen Jewel Estate is designed to have 800 housing units and that 200 units would be built in the first phase. All are 3 bedroom ensuite with car park that can conveniently take four cars, space for garden and for BQ. The estate, he said would have connecting streets that would be named after journalists, particularly senior ones, including those actively involved in the activities of the NUJ. There will be standard

would be completed within 36 months.

The Traditional ruler of Abaren Kingdom, Chief Solomon Akinyemi, commended the initiative and thanked the unions for bringing development to the area.

“We built the schools here through community efforts and we started bring electricity poles but we are amazed at the offer to use modern roofing sheets for our schools and give us uninterrupted power supply.

“We thank the journalists and developer and pray that they keep their promises,” he said.

Abuja Housing Show Begins The 10th Abuja Housing show began yesterday with an impressive opening ceremony at the International Conference Center. The 10th edition of the Abuja Housing Show is set to introduce a new dimension to the quest for affordable housing delivery, by dedicating quality time to promoting rent-to-own scheme in collaboration with Natanel Florens in Nigeria.

The coordinator of the annual epoch making event, Festus Adebayo, who is also the Chief Executive Officer of FESADEB Communications Limited, commended the efforts of Mr. Babatunde Fashola, Minister for Power, Works and Housing for his determination to work with credible individuals who can help in promoting housing development.

Adebayo stated that the Abuja Housing Show that has become a reliable solution hub for both government and stakeholders in the built environment, is poised to introducing innovations meant to bolster efforts of government towards developing policies that will ensure sustainable housing delivery. He also said that the housing show, being an effort of the organised private sector, with commitment to creating synergy for the urgent solution needed to close the over 18 million housing deficit in Nigeria, has received the endorsement of the Minister of Power, Works and Housing, Mr. Babatunde Fashola who has promised to attend the programme to address issues that can move the sector forward.

Speaking further, he noted that the event would provide

an opportunity for both policy makers and stakeholders to interact, and proffer solution to the plethora of problems that have bedeviled the sector over the years .

He added that the private sector will have a rare privilege of telling the government exactly what the sector lacks, as well as sharing ideas that have helped housing delivery in other climes.

On the backdrop of similar programmes that have been organized for the development of the housing sector , without achieving the desired results, he said that Abuja housing show stands out as not just an ordinary talk show, but a one stop shop for novel ideas, innovations and pragmatic platform that synchronizes the position of government and stakeholders.

The major areas of focus during the event include; the modalities for accessing funds for affordable housing delivery, the practicability of financing low cost housing for the low cadre and average income earners in Nigeria.

Other issues of concern, which the event is poised to address, include how to evolve a mechanism for creating a building technology system that is suitable for the nation’s economy and heterogeneous society .

Abuja housing show is also said to be prepared to address the challenges encountered by developers who are made to pass through many needless processes to get land titles and other documents that will be tenable in law for business transactions.

The groundbreaking ceremony of Journalists Estate, Abaren, Ogun State

FasholaVows to Lead Workmen’s Compensation Act Compliance Campaign The Minister of Power Works and Housing, Mr. Babatunde Fashola SAN, has vowed to lead the campaign for compliance with the 2010 Federal Workmens’ Compensation Act by government contractors to ensure protection of their workers as this would encourage commitment and dedication among the workers.

The 2010 Federal Workmen’s Compensation Act, which repealed and replaced the 2004 legislation, makes provision for insurance cover for workmen in respect of occupational disease(s) (arising out of exposure to risk factors), injuries from accidents at the workplace or in the course of employment.

Fashola, who was Guest Speaker at Session Four of this year’s National Insurance Conference in Abuja, spoke on the “Expected Role of Insurance in Infrastructural development” as part of the overall theme of “Expanding National Resources and Infrastructure in Challenging Times”, said he would use his position as Minister of Power, Works and Housing, to insist that all the state Controllers of Works in the country take steps to demand and ensure that all government contractors provide proof of compliance with the Law. He told the distinguished audience at the Congress Hall

of the Transcorp Hilton, “In my current role as minister, I can only offer now that I will be using this platform to insist that all our state Controllers should take steps from today to demand and ensure that all our contractors provide proof of compliance with this Law, by taking out insurance policy for their workers and I will do my best to ensure compliance and protection for Nigerian workers.”

The Minister, who wondered how many of the various government contractors or private companies have such policies, added, “It seems to me that insurance practitioners have a role to play here, by designing policies that are appropriately priced and by promptly responding to claims in order to boost confidence in the business of insurance.”

Speaking on the topic, “Expected Role of insurance in Infrastructural Development,” the Minister said there was need for the practitioners to be more innovative, entrepreneurial and embracing of the diverse needs of the country’s “big and promising economy.”

According to him, the role of insurance practitioners goes beyond providing performance bonds given to ensure that contractors discharged their responsibility; to embracing health insurance that guaranteed

access to the healthcare facility that was built as well as housing programmes, which according to him, would provide “a potential

market of opportunities by way of performance bonds and mortgage insurance policies as a start.”

Nigerite Set to Storm Abuja Exhibition As preparations for the forthcoming 10th Abuja Housing Show gathers steam, Nigerite Limited, Nigeria’s leading building components solution provider in areas of roofing, ceiling, flooring and partitioning has concluded plans to storm the exhibition as one of the major participants at the exhibition which holds at the International Conference Centre, Abuja from 18- 20th of July, 2016. The exhibition is the largest Home Expo in West Africa.

As one of the major sponsors of the exhibition, Nigerite plans to use the opportunity to engage and connect with a huge crowd of diverse consumers within Nigeria and other nations around the world. The company will be showcasing some of its innovative products like the Kalsi building board (used in dry construction) which has been causing excitements in the built industry in recent times.

The 3 day international event will feature alternative building technology for affordable mass

housing and housing finance conference, and Nigerite, a market leader in the built industry, will be making a presentation on the second day of the show.

The presentation will serve as a platform to showcase some of its products and demonstrate them to visitors.

Some of the products that the company intends to showcase at the Abuja Housing Show under its major product divisions include Kalsi building board series comprising KalsiCeiling, KalsiPlank, KalsiClad, Kalsiwall, KalsiFloor while under the roofing category, premium and colourful roof coverings like CrownTile and Alurr Shingles and other innovative products will equally be on display.

Among the large crowd of visitors expected at the event include home buyers, architects, engineers, builders, surveyors and property Investors, government officials from related ministries & agencies, financial institutions& financial agencies, equipment leasing organisation, among others.

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RETURNS ON UTILIZATION OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED

RETURNS ON SOURCES OF FUNDS SOLD TO CUSTOMERS FOR THE WEEK ENDED

BANK: STANDARD CHARTERED BANK NIGERIA LIMITED DATE OF RETURNS: FRIDAY JULY 15, 2016

BANK: STANDARD CHARTERED BANK NIGERIA LIMITED DATE OF RETURNS: FRIDAY JULY 15, 2016

S/NO CUSTOMER

ITEM OF IMPORT

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24000KGS OF NYLON HEAT SET YARN 1100/68X2 DTEX ACUTEX, TINOPAL CBS-X ( OB) AND SODIUM CARBONATE (DENS) AGRICULTURAL GRINDING MILLS ALUMINIUM CIRCLES ALUMINIUM SILICATE-ZEOCROS AUTOMATIC SACHET MACHINE BROADBAND SIGNALLING PROCESSING INT CCI - CAPITAL EQUIPMENT CCI - CAPITAL EQUIPMENT CCI DIVESTMENT CREDIT CARD CYMEL DETTOL SOAP STIFFNERS AND WRAPPERS ENERGEN CHOCOLATE ENERGY CONTROL UNIT TELECOMMUNICATI HDPE INJECTION MOULDED PLASTICS LABELS LABELS LACTOPUR INC Liquid Caramel,soya Lecithin,biscuit Manufacturing Spares MIXTURE OF ODORIFEROUS SUBSTANCE NEW FUEL DISPENSING PUMP ONE LOTS OF MECHANICAL HAND TOOLS OPTICAL FIBER CABLE JOINT BOX PHARMACEUTICAL PRODUCTS PHR PVC GRADE PVC STABILISER RAW MATERIAL FOR INDUSTRIAL USE RAW MATERIALS FOR PALM OIL RAW MATERIALS FOR PALM OIL RECHARGEABLE BATTERY RECHARGEABLE BATTERY RECHARGEABLE BATTERY RECHARGEABLE BATTERY RECHARGEABLE BATTERY REFINED COPPER WIRE SAMSUNG BRAND REFRIGERATOR CKD SAMSUNG BRAND REFRIGERATOR CKD SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SEASONING ONION CHICKEN SEASONING ONION CHICKEN SWEET WHEY POWDER TELECOMMUNICATION ACCESSORIES TELECOMMUNICATION COMPUTER ACCESSOR TELECOMMUNICATION TRANSMISSION WEEDLEZZ WHITE RICE FLOUR BRAND:ERAWAN WHOLE MILK POWDER XTRAZINE XTRAZINE LOAN INTEREST REPAYMENT CCI REPARTRIATION AIRCONDITIONERS BASEBAND PROCESSING UNIT CANTER TRUCKS CAROPYHLL YELLOW CAROPYHLL YELLOW CARTONS OF ORO INSECTICIDES CC PET FLIMS CEMAX 415C COMPLETE GYPSUM BOARD CREDIT CARD DENATURED ETHYL ALCOHOL DETTOL SOAP STIFFNERS AND WRAPPERS DETTOL SOAP STIFFNERS AND WRAPPERS DIPROPYLENE GLYCOL DPG DOW LOW DENSITY POLYETHYLENE (LDPE) 312 E DUREX ESSENTIAL INDUSTRIAL RAW MATERIAL FILLING AND PACKING MACHINE FRESHMATICS INJECTION MOULDED PLASTICS INJECTION MOULDED PLASTICS INTERBANK IT COMPUTING SERVER FOR DATA CENTER LOAN REPAYMENT LOAN REPAYMENT LUBRICANTS LUBRICANTS MIXTURE OF ODORIFEROUS SUBSTANCE PAPERS WORLDWIDE PAPERS WORLDWIDE PASCUAL BRAND OF YOGURT PHARMACEUTICAL RAW MATERIAL PHR PHR PHR PHR PHR POLYESTER FILM POLYETHYLENE PLASTIC RAW MATERIALS IN GRANULES POLYPROPYLENE RESIN POLYPROPYLENE RESIN POLYURETHANE RESIN PVC RESIN PVC RESIN REFRACTORY BRICKS SANSTAR BIO POLYMERS LTD SCANFROST BRAND BLENDERS SCANFROST BRAND ELECTRIC KETTLES SCANFROST BRAND FREEZERS SCANFROST ELECTRIC KETTLES SCANFROST WASHING MACHINES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SOLVEN BASE COLOURING MATTERS Soya Lecithin (food Grade), Biscuit Manufacturing Machinery Spares TALC CRUSHED RAW MATERIAL TECHNICAL/SCIENTIFIC PROFESSIONAL SERVICES TECHNICAL/SCIENTIFIC PROFESSIONAL SERVICES TECHNICAL/SCIENTIFIC PROFESSIONAL SERVICES TELECOMMUNICATION ACCESSORIES TELECOMMUNICATION COMPUTER ACCESSOR TELECOMMUNICATION EQUIPMENT TELECOMMUNICATION EQUIPMENT ACCESSO TELECOMMUNICATION MRF UD TELECOMMUNICATION MRF UD MULTI MODE TELECOMMUNICATION RADIO FREQUENCY TETRA PAK PACKAGING MATERIALS TOLUENE AND MONO ETHYLENE TOYOTA MOTOR VEHICLES UPKEEP VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT WASHER DRYER 6KG CAPACITY WASHING MACHINE WASHING MACHINES WELL HEAD EQUIPMENT XTRAZINE CCI REPARTRIATION ALUMINIUM CIRCLES AQAUAMIST AIRWICK COOL BASE OIL CCI - LOAN REPAYMENT CCI - LOAN REPAYMENT CKD PARTS FOR MOTOCYCLES DARLING TRADING COMPANY MAURITIUS DIVIDEND PAYMENT DSM NUTRITIONAL PRODUCTS DSM NUTRITIONAL PRODUCTS ERREBI TECHNOLOGY SRL FLY BLADES, BED BLADES HUAWEI INTERNATIONAL CO LIMITED HUAWEI INTERNATIONAL PTE LTD INSHARA GLOBAL FZC INSTANT NOODLES LINEAR MIXED ALKYL BENZENE LOAN REPAYMENT METAL FURNACE ODORIFEROUS STRAWBERRY PVC RESIN SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES STEARIC ACID TIPPING PAPER TIPPING PAPER TRANSFLUTHRIN TG VALVES CONSTRUCTION MACHINERY 24,000KG OF NYLON HEAT SET YARN LOAN REPAYMENT CCI REPARTRIATION CCI - LOAN REPAYMENT DSM NUTRITIONAL PRODUCTS DSM NUTRITIONAL PRODUCTS INDUSTRIAL STEAM BOILER PHR PHR PHR PHR PURECHEM MANUFACTURING TIPPING PAPER UPKEEP UPKEEP UPKEEP TECHNICAL PROFESSIONAL SERVICES TECHNICAL PROFESSIONAL SERVICES TECHNICAL PROFESSIONAL SERVICES TECHNICAL PROFESSIONAL SERVICES PVC RESIN CCI REPARTRIATION CCI REPARTRIATION DSM NUTRITIONAL PRODUCTS DSM NUTRITIONAL PRODUCTS SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES UPKEEP VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT VISA CARD SETTLEMENT SCHOOL FEES ADVERTISEMENT FEE DENATURED ETHYL ALCOHOL DENATURED ETHYL ALCOHOL ACUTEX, SODIUM CARBONATE

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DATE OF FUND PURCHASE 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16

EXCHANGE RATE 283.00 283.00 283.00 285.50 321.00 283.00 285.50 282.50 285.50 285.50 79.50 320.50 285.50 285.50 285.50 322.35 321.50 320.50 320.50 285.50 285.50 283.00 283.00 285.50 285.50 328.00 283.00 321.00 285.50 322.78 285.50 285.50 283.00 283.00 283.00 283.00 283.00 283.00 285.50 283.00 283.00 283.00 220.50 220.50 220.50 220.50 382.50 326.30 371.50 371.50 283.00 283.00 285.50 285.50 285.50 285.50 322.78 285.50 285.50 320.50 320.50 283.00 282.00 284.00 285.75 283.00 283.00 283.00 322.40 285.00 285.75 283.00 286.00 284.01 283.00 285.00 322.50 285.00 285.00 323.50 329.00 285.00 322.00 322.00 285.00 283.00 283.00 284.01 329.00 329.00 283.00 323.45 323.45 284.00 322.00 296.00 328.65 387.00 387.00 327.25 285.00 284.01 322.50 322.50 284.01 322.50 322.50 322.00 323.45 284.00 284.00 284.00 284.00 284.00 374.00 374.00 386.75 232.00 286.00 323.45 285.00 323.45 281.50 379.00 379.00 285.00 285.75 285.75 285.00 285.75 283.00 283.00 322.00 323.50 284.01 390.30 282.50 282.50 282.50 282.50 282.50 282.50 282.50 283.00 282.50 284.00 284.00 284.00 283.00 322.90 283.00 285.00 283.00 283.00 283.00 285.00 283.00 283.00 285.00 285.00 285.00 321.50 283.00 283.00 283.00 324.00 283.00 283.00 283.00 283.00 322.60 325.00 387.45 225.40 328.25 387.45 324.00 283.00 285.00 285.00 20.21 285.00 283.00 285.00 283.00 287.00 284.00 284.00 287.00 330.00 284.00 284.00 284.00 287.00 285.00 330.00 238.00 238.00 378.92 378.92 378.92 378.92 284.87 284.50 285.06 286.50 295.00 286.00 286.00 284.75 286.00 375.00 287.00 230.10 395.00 384.75 384.75 384.75 287.00 282.50 282.50 282.50 282.50 283.00 384.75 286.50 283.00 295.00 284.00

AMOUNT USD 90240 USD 132538.75 USD 71062 USD 72150 EUR 30450 USD 377919.58 USD 1593.29 USD 782751.67 USD 56062.72 USD 75000 AED 75473.29 EUR 48260 USD 42521 USD 19650 USD 8758.84 EUR 47180 EUR 88400 EUR 25500.78 EUR 5322.09 USD 38750 USD 21712.04 USD 105514.07 USD 87872.03 USD 64316.23 USD 8175.02 EUR 18753.15 USD 60000 EUR 89526.25 USD 42507 EUR 89489.88 USD 16730 USD 100380 USD 10581.48 USD 10581.48 USD 10581.48 USD 10581.48 USD 10581.48 USD 123670.56 USD 15300 USD 7000 USD 49000 USD 49000 CAD 8035.36 CAD 5000 CAD 5000 CAD 10293.86 GBP 11555 EUR 5000 GBP 6500 GBP 6000 USD 63035 USD 89436 USD 19375 USD 10752.84 USD 1778.18 USD 13047.98 EUR 252631.58 USD 21196.85 USD 118440 EUR 25500.78 EUR 5322.09 USD 106692.45 USD 5601.2 USD 320435 USD 1661.41 USD 183452.01 USD 17330.84 USD 8968 EUR 61567.13 USD 85244.38 USD 102192.03 USD 48020 USD 5000 USD 163000 USD 30987 USD 15945 EUR 50736 USD 61380 USD 5180.18 EUR 34270 EUR 42090 USD 28565.68 EUR 42500 EUR 85000 USD 2500000 USD 188010.05 USD 30751.81 USD 100000 EUR 27739 EUR 17360 USD 97725.52 EUR 46511.49 EUR 67200 USD 47845.66 EUR 74925 CHF 60000 EUR 42500 GBP 5000 GBP 5000 EUR 8440 USD 30613.45 USD 31065 EUR 81464 EUR 80444 USD 139200 EUR 94937.5 EUR 94937.5 EUR 35789.05 EUR 62780 USD 18264.9 USD 28457.04 USD 262312 USD 9827.28 USD 1437.8 GBP 6500 GBP 6500 GBP 4335 CAD 12000 USD 12937 EUR 70135.13 USD 44875.73 EUR 60000 USD 18113.56 GBP 6438.07 GBP 1356.07 USD 962.8 USD 872.51 USD 146946.4 USD 1158.91 USD 3616.8 USD 6527.35 USD 1023.59 EUR 166904.4 EUR 56657.6 USD 200000 GBP 7500 USD 12351.5 USD 8708.35 USD 13397.32 USD 27482.96 USD 6617.63 USD 18746.5 USD 25773.64 USD 11586.62 USD 3017.31 USD 11153.68 USD 13440.72 USD 25162 USD 32000 EUR 214791.17 USD 2555.9 USD 67860 USD 12309.28 USD 281600 USD 200000 USD 40000 USD 31381.33 USD 291540 USD 50000 USD 8760 USD 11366 EUR 9450 USD 25192.85 USD 10388.76 USD 8387.06 EUR 45016.66 USD 43319.85 USD 55895 USD 60000 USD 23500 EUR 199298.02 EUR 94937.5 GBP 5000 AUD 7000 EUR 8000 GBP 6000 EUR 46512 USD 72000 USD 40592.8 USD 104620.53 ZAR 331623.22 USD 44000 USD 92880 USD 31110.96 USD 3752.7 USD 50000 USD 11366 USD 4650 USD 24000 EUR 7807 USD 10810 USD 17410 USD 7710 USD 36000 USD 61000 EUR 17121.21 CAD 7954.88 CAD 7000 GBP 800 GBP 2097 GBP 10875.27 GBP 17504.88 USD 20125 USD 600000 USD 12380.67 USD 10708 USD 39000 USD 6616 USD 9000 USD 16234 USD 4415.33 GBP 4026.25 USD 9700 CAD 34868.55 GBP 31366 GBP 5000 GBP 5000 GBP 5000 USD 10000 USD 5348.53 USD 8428.13 USD 17738.15 USD 57730.71 USD 22415.43 GBP 5000 USD 50000 USD 46127.69 USD 46899.94 USD 11727.31

S/NO

SOURCE

DATE OF FUND PURCHASE

EXCHANGE RATE

AMOUNT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64

AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS

11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 11-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 12-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 13-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 14-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16 15-Jul-16

280.98 280.00 281.00 282.00 282.50 280.98 280.98 280.98 280.98 280.98 280.00 281.00 281.11 282.05 282.05 280.37 260.94 280.80 282.05 280.69 282.05 282.13 279.06 282.13 274.74 282.13 243.19 282.13 282.13 282.13 282.50 282.50 280.98 280.98 280.98 280.98 280.00 280.00 280.00 282.00 282.50 280.98 280.98 280.98 280.98 280.03 280.00 277.56 282.50 280.98 280.03 279.00 280.00 268.14 281.65 281.65 281.65 281.64 282.11 273.24 273.22 273.24 273.22 275.74

4,000.00 1,620,153.66 15,000.00 782,751.67 638,938.05 233.54 420.98 434.49 6,961.76 250,000.00 456,684.22 4,130,000.00 1,746.03 2,315.49 853.96 4,368.26 4,394.64 6,727.57 2,503.75 2,785.87 1,915.28 21,557.64 32,322.49 28,935.73 15,782.16 14,394.50 25,684.80 14,264.61 32,381.95 23,246.51 65,415.93 281,911.50 1,500.00 17,795.00 34,878.20 70,000.00 343,194.12 419,768.29 581,057.71 435,357.00 1,894.73 30,000.00 50,000.00 50,000.00 300,000.00 250,000.00 14,754.30 8,680.72 10,619.47 40,000.00 17,855.00 8,212.00 7,521.80 40,292.67 3,536.52 2,224.36 1,105.02 2,214.46 1,026.84 17,329.33 19,607.43 70,343.00 27,265.51 33,737.90

TOTAL AMOUNT AVERAGE AMOUNT

11,400,858.42 178,138.41

36

TUESDAY JULY 19, 2016 T H I S D AY

37

TUESDAY JULY 19, 2016 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Clinton Maintains Lead in Poll as Conventions Begin

Zacheaus Somorin with agency reports

As the Republican convention kicks off in Cleveland, Hillary Clinton has maintained lead in poll for the United States presidency. According to the CNN/ORC poll, in a four-way matchup between Clinton, Trump, Johnson and Green Party candidate Jill Stein, Clinton carries 42%, Trump 37%, Johnson 13% and Stein 5%.

Typically, support for third party candidates fades as the major party tickets are set heading into their conventions. But Johnson’s support outpaces that of a typical third party candidate and may prove to have more staying power.

Support for both Johnson and Stein appears concentrated among those less enthusiastic about voting this year, suggesting their supporters may be less apt to turn out in the end. Nearly 4-in-10 voters who say they are “not at all enthusiastic”about voting this year say they back either Johnson or Stein, but among those who are extremely enthusiastic, that figure falls to just 6%.

And the growing support for third party candidates also seems centered among younger voters, which could prove harmful to Clinton’s campaign. Among those voters under age 35, 46% back Clinton, 21% Trump, 20% Johnson

and 10% Stein. Broad support among younger voters helped catapult Barack Obama to the presidency in 2008.

As Trump prepares to accept his party’s nomination, the poll suggests he’s increased his backing among Republicans. The share of GOP voters who say they’d prefer Trump as the nominee over someone else has increased from 51% in June to 56% now.

In a two-way matchup, Clinton tops Trump 49% to 42%.

Both Clinton and Trump have bumped up their support among those who did not back them through the nomination process.

Among those who say they’d rather see Sanders become the Democratic nominee, 79% now back Clinton, up slightly from 74% in June, while 74% of those who want someone other than Trump to be the Republican nominee now back him, up from 67% in June.

Though Johnson peels support away in both groups when the four-way matchup is asked.

Other recent polling, conducted before Sanders’ endorsement of Clinton and after the announcement that she would not face charges for her use of private email, found a tightening race, with independents shifting away from Clinton. In this poll, independent voters were more apt to back her in the two-way matchup than they were last June, but in

a four-way contest, her support among independents is steady.

Clinton’s continued lead may be due to the advantages she holds over Trump in likability (43% of voters nationally have a favorable view of Clinton vs. 39% who view Trump positively), experience (64% say she has the right experience to be president, double the 32% who say so about Trump), and on a range of issues including foreign policy, health care, abortion and race relations.

But Trump remains more trusted

on the two issues atop voters’ priority lists: The economy and terrorism. He holds his widest edge over Clinton on handling ISIS, and also holds an edge on handling taxes.Voters are also more likely to see Trump as sincere in what he says (49% say so vs.

41% for Clinton).

And Clinton continues to face widespread questions about her honesty and trustworthiness, 65% say they don’t see her as honest, up from 50% who said so as news about her private email

server broke in March of 2015.

And although more say they’d be proud to have her as president than say so about Trump, nearly 6-in-10 say they wouldn’t be proud should Clinton win the presidency.

Trump’s newly minted running mate, Pence, receives a tepid welcome to the race, 43% say he’s an excellent or pretty good pick, below the majorities who said so in initial surveys following the announcement of Paul Ryan in 2012, Sarah Palin in 2008 or

Dick Cheney in 2000.

Almost 8-in-10 say his selection won’t make much difference in the way they vote in November, though those who say it does matter say Pence makes them more likely to back Trump than shy away from the presumptive GOP nominee. Those numbers may shift, however, as a majority say they don’t know enough about Pence to have an opinion on him when they’re asked if they have a favorable or unfavorable impression.

Turkey Continues Post-coup Purge, Demands Cleric’s Handover Turkey purged its police on Monday after rounding up thousands of soldiers in the wake of a failed military coup, and said it could reconsider its friendship with the United States unless Washington hands over a cleric Ankara blames for the putsch.

Turkish authorities moved swiftly to retaliate for Friday night’s coup, in which more than 200 people were killed when a faction of the armed forces tried to seize power. But the swift

justice, including calls to reinstate the death penalty for plotters, drew concern from Western allies who said Ankara must uphold the rule of law in the country, a NATO member that is Washington’s most powerful Muslim ally.

Thousands of members of the armed forces, from foot soldiers to commanders, were rounded up on Sunday, some shown in photographs stripped to their underpants and handcuffed on the floors

of police buses and a sports hall. Several thousand prosecutors and judges have also been removed.

A senior security official told Reuters that 8,000 police officers, including in the capital Ankara and the biggest city Istanbul, had also been removed from their posts on suspicion of links to Friday’s coup bid.

Thirty regional governors and more than 50 high-ranking civil servants have also been dismissed, CNN Turk said.

Prime Minister Binali

Yildirim said 7,543 people had so far been detained, including 6,038 soldiers. Work was under way to purge the civil service. Turkey blames the failed coup on Fethullah Gulen, a cleric based in the United States who has a wide following in Turkey and denies any involvement. Ankara has demanded Washington hand him over. Washington says it is prepared to extradite him but only if Turkey provides evidence linking him to crime. Yildirim rejected that demand.

38

TUESDAY JULY 19, 2016 • T H I S D AY

NEWSXTRA

Bill Gates: World Must Work Together to Ensure Africa’s Youths Devt Bill Gates has announced that Africa’s future is rested in the hands of its youth, therefore, every effort must be made to ensure they thrive.

Delivering the 2016 Nelson Mandela Annual Lecture at the University of Pretoria, South Africa, Gates said he was optimistic about the future of the continent “because of its young people.”

Pointing out that Africa was demographically the world’s youngest continent, in the next 35 years, it is estimated that two billion babies will be born in Africa and by 2050, 40 per cent of the world’s children will live in Africa, adding that he believes Africa’s youth “can be the source of a special dynamism.

“Economists talk about the demographic dividend. When you have more people of working age, and fewer dependents for them to take care of, you can generate phenomenal economic growth. Rapid economic growth in East Asia in the 1970s and 1980s was partly driven by the large number of young people moving into their work force

“But for me, the most important thing about young people is the way their minds work. Young people are better than old people at driving innovation, because they are not locked in by the limits of the past. The real returns will come if we can multiply this talent for innovation by the whole of Africa’s growing youth population,” he said.

Gates used the platform of the 14th Nelson Mandela Annual Lecture-the Nelson Mandela Foundation’s flagship programme to honour its founder, Nelson Mandela, and to raise topical issues affecting South Africa, Africa and the rest of the world-to lay out his vision of how to create a better world. The theme of his speech was ‘Living Together’.

The Microsoft founder said he had admired Mandela, whom he had met on many occasions. He said “One topic that Mandela came back to over and over again was the power of youth.

“He knew what he was talking about, because he started his career as a member of the African National Congress (ANC) Youth League when he was young.

Later on, he understood that highlighting the oppression of young people was a powerful way to explain why things must change. There is a universal appeal to the conviction that youth deserve a chance. I agree with Mandela about young people, and that is one reason I am optimistic about the future of this continent.

“But to exploit Africa’s potential, its young people need to be given every opportunity to thrive.

“We are the human beings who must take action, and we have to decide now, because this unique moment won’t last forever. We must clear away the obstacles that are standing in young people’s way so they can seize all of their potential.”

Gates added: “If young people are sick and malnourished, their bodies and their brains will never fully develop. If they are not educated well, their minds will lie dormant. If they do not have access to economic opportunities, they will not be able to achieve their goals.

“But if we invest in the right things – if we make sure the basic needs of Africa’s young people are taken care of – then they will have the physical, cognitive, and emotional resources they need to change the future. Life on this continent will improve faster than it ever has. And the inequities that have kept people apart will be erased by broad-based progress that is the very meaning of the words:

“living together.”

The co-founder of software giant, Microsoft, said issues that needed to be tackled to ensure Africa’s youth thrived were: Health and nutrition, education. productivity and economic opportunity; and governance He said health and nutrition were a top priority because “when people aren’t healthy, they can’t turn their attention to other priorities. But when health improves, life improves by every measure”.

Next was education without which children cannot develop the knowledge and skills to become “productive contributors to society,” Gates said.

Then, Africa’s youth needed to have the “economic opportunities to channel their

energy and their ideas into progress.”

But Gates said good governance was vital to ensure that this happens – and he urged governments to play their part.

“All of these things – advances in health, in education, in agricultural productivity, in energy – won’t happen on their own. They can only happen in the context of governments that function well enough to enable them,” he said.

Gates concluded his lecture by insisting he believed that Africa could achieve the future it aspired to.

He said Africa’s young “believe in themselves, and they believe in their countries and the future of the continent.

Nigeria to Undergo Fresh EITI Validation on Natural Resource Accountability Chineme Okafor in Abuja Nigeria is expected to undergo a new round of validation by the global Extractive Industries Transparency Initiative (EITI) to verify her adherence to accountable and transparent management of natural resources earnings from mining companies, the Nigeria Extractive Industries Transparency Initiative (NEITI) has disclosed.

NEITI disclosed this yesterday in Abuja when it said that a team of independent validators from the EITI international secretariat in Oslo, Norway, was due to come into the country to undertake this exercise just months after Nigeria escaped losing her compliance status with the EITI. NEITI in a statement from its Director of Communication, Orji Ogbonnanya Orji, stated that the team would carry out a validation process on the country’s implementation and adherence to the principles of the global extractive industries transparency initiative in the governance of its extractive sector.

It explained that the process was a quality assurance mechanism which the global EITI board uses to hold implementing countries to the same global standard.

According to NEITI, the mechanism provides an independent and impartial platform for evaluation and verification of progress made among implementing countries.

NEITI said the validation will also assess Nigeria’s government commitment to EITI process, and how EITI implementation is leading to reforms that bring about positive changes in the

management of revenues accruing from her extractive industries.

“The validation also seeks to ensure that EITI process actually leads to prudent management; improved governance; transparency and accountability in the extractive industry, with a view to ensuring that revenues from the sector translate to improved quality of lives; national development and poverty reduction in member countries.

“Member countries under validation may either be rated as making ‘no progress’; ‘inadequate progress’; ‘meaningful progress’; ‘satisfactory progress’ or ‘beyond progress’, depending on their level of progress in the EITI implementation,” said NEITI in the statement.

It noted that the validation process will review NEITI activities; reports and remediation process and impacts.

It said as part of measures to put the country in good standing, that it has published two recent reports in the oil and gas as well as solid minerals for the period 2013.

It added that it has commenced the 2014 reports and procurement process to kick-start the 2015 reports in the sector.

“The validation exercise commenced on July 1, 2016 when EITI international secretariat began desk review of publicly available documents on EITI implementation in Nigeria.

The EITI team is expected to arrive in Nigeria on July 25, 2016 as part of the ongoing validation exercise and NEITI as the implementing agency is providing the platform for Nigeria’s validation,” it stated.

THIS IS THE REPORT SIR

Minister of Transportation Chibuike Amaechi (left), receiving the report of the Ministerial Committee on Nigeria Maritime and Safety Agency (NIMASA) from the committee Chairman and Director-General of NIMASA, Dakuku Peterside, in Abuja...yesterday

Army Releases 249 Boko Haram Suspects, Gives Them N3000 Each in Maiduguri Troops intercept suicide bomber in Sabon Gari Jidari Senator Iroegbu in Abuja

The Nigerian Army has on Sunday released a total of 249 suspected Boko Haram terrorists and accomplices cleared by the Joint Interrogation set up by the Chief of Army Staff in Maiduguri.

The Director of Army Public Relations (DAPR), Col. Sani Usman, in a statement yesterday, said those cleared and released include 169 males, 46 women and 34 children.

Usman gave a further breakdown, which showed that 203 of the released suspects were from 18 local government areas of Borno State, while 44 were from other states including two each from Adamawa and Jigawa, one each from Lagos and Oyo, while about 38 are Yobe State indigenes.

He however, noted that two of them were from the Republic of Cameroun.

The army spokesman said the released persons were

handed over to the Borno State Government through the Commissioner for Local Government by the General Officer Commanding (GOC) of the 7 Division, Brigadier General Victor Ezugwu.

“The two foreigners were however handed over to the Borno State Command of the Nigerian Immigration Service,” he stated.

According to Usman, the commissioner advised the released detainees to remain law abiding and go about their lawful businesses.

The commissioner, he stated, also commended the effort of the military in the fight against terrorism and insurgency and respect for human rights as manifested in the painstaking efforts that led to their clearance and subsequent release.

“Each of them was given a token of N3,000 each,” he said.

In another development, Usman said the troops of 101 Battalion, 7 Division Garrison

on foot patrol along with some elements of Civilian JTF, on Sunday intercepted a suspected male suicide bomber at Sabon Gari Jidari.

He said the suspect carrying primed Improvised Explosive Devices (IEDs) concealed in a blue stabiliser casing gave his name as Yusuf Tasiu.

“He was dispossessed of the explosives while the Nigeria Police Explosive Ordnance Devices expert safely detonated it. The suicide bomber is currently being interrogated,” he revealed.

In a related development, Usman said Vigilante group at Njidari village, South-east of Damboa, conducted clearance operations against suspected Boko Haram terrorists hideout close to Ngwalimeri village, east of Bale in Borno State.

He said the vigilante destroyed the camp and recovered an AK-47 rifle with registration number 565203224 with locally fabricated five rounds of 7.62mm

(Special) ammunitions and a pair of military uniform.

He also said the leader of the vigilante handed over same to the Headquarters of 25 Task Force Brigade in Damboa.

In the same vein, Usman said the troops of Forward Operation Base, 33 Brigade deployed in Burra, Bauchi State along with some local vigilantes, on Sunday conducted patrol along Unguwar Kanawa-Rugar AbdulsalamiDiwa Village-Dutsen Zaki with the aim of clearing cattle rustlers, armed bandits and kidnappers operating in the general area.

The DAPR said troops came in contact with some armed bandits at Jejin Dutsen Zaki (Dutsen Zaki Forest) where there was exchange of gun fire that led to the death of two kidnappers and rescue of two kidnap victims.

He said the team also recovered five AK-47 rifles, 23 rounds of 7.62mm ammunitions and four Bajaj brand of motorcycles, as well as food items and clothing.

TUESDAY JULY 19, 2016 • T H I S D AY

39

NEWSXTRA

Senate Expresses Concern over Abia Political Turmoil Emmanuel Ugwu in Umuahia The

Senate

yesterday

expressed worry over the tussle for the governorship seat of Abia State which has plunged the state into

FG Scraps Common Entrance Interview into Unity Schools The Minister of Education, Adamu Adamu, has announced the cancellation of the interview test for National Common Entrance Examination (NCCE) into Federal Government Colleges.

A statement issued by the Federal Ministry of Education yesterday in Abuja said the cancellation of the test for NCCE would take effect from the 2017/2018 academic year.

The statement signed by the Deputy Director, Press, Bem Goong, said the minister could not establish the rationale for a second test for NCCE organised by the National Examination Council (NECO).

The statement according to the News Agency of Nigeria (NAN), said: “The second test is an unnecessary additional financial burden on parents/guardians,” it quoted Mr. Adamu as saying.

“The era of multiple

examinations attracting prohibitive fees cannot be accommodated by the Buhari administration, especially against the backdrop of government’s determination to increase access to education as a platform for breaking the cycle of poverty.’’

The statement said Adamu had directed NECO to strengthen its examination processes with a view to achieving quality and credible examination for admission into unity schools at the first test.

It said the minister argued that multiple examinations did not necessarily translate to the admission of quality pupils in secondary schools.

The statement said Adamu maintained that the 2016/2017 academic year remained the effective date for the ban on PostUTME, advising vice-chancellors to adhere strictly to the policy in the overriding public interest.

political crisis.

A delegation of the Senate Ad Hoc Committee made known the feelings of the upper chamber of the National Assembly during a courtesy visit to Governor Okezie Ikpeazu during which they also condoled with the families of late Chief Ojo Maduekwe, Senator Onyekachi Okoroafor.

The leader of the delegation Senator Biodun Olujimi, who said they were in Abia at the instance of the Senate President, Senator Bukola Saraki, added that the Senate was solidly behind the state governor in his present travails.

“The authentic and indomitable Governor of Abia

State, Dr. Okezie Ikpeazu, we are here with the consent of the Senate President and Chairman of the National Assembly, Dr. Bukola Saraki, and on behalf of the Senate of the Federal Republic of Nigeria, to condole with you and the entire people of Abia State in this trying times, first over the political situation in Abia and over the death of your illustrious sons, Chief Ojo Maduekwe and Senator Onyeka Okoroafor.

“Your Excellency, the Senate is solidly behind you in this trying time. You have our support as the governor of the state, we are elected to make laws as lawmakers and it is our duty to ensure that our laws are not abused.

We are aware of the political situation in Abia, be rest assured that the Senate is with you,” Senator Olujimi said.

Other members of the Senate delegation include, Senator Enyinnaya Abaribe, Senator Theodore Orji, Senator Mao Ohuabunwa, Senator Barnabas Gemade, Senator Samuel Anyanwu and Senator Sonni Ogbuoji.

Abia descended into chaos following the judgment passed by Justice Okon Abang of the Federal High Court in Abuja who nullified Ikpeazu’s election over alleged false information on his tax papers. The court ordered that the plaintiff, Dr Uche Ogah, who came

second in the governorship of PDP should be sworn in as governor.

The prompt issuance of certificate of return by the Independent National Electoral Commission (INEC) to Ogah further compounded the political situation as Ikpeazu obtained a court injunction restraining the state Chief Judge and other judicial officers from swearing in Ogah.

As it stands now, Abia State is waiting with bated breath for the Appeal Court to resolve the logjam. But from the body language of the feuding parties, it is most likely that the Supreme Court would eventually have the final say on the issue.

Dangote Donates Food Items to IDPs in Abuja In pursuit of its goal to help ameliorate the suffering of displaced persons in the country, the Dangote Foundation has delivered food items to the vulnerable and displaced in the Federal Capital Territory (FCT).

The food items, worth millions of naira, was last weekend presented to the Minister of the FCT, Malam Muhammad Musa Bello.

Receiving the items, the minister said he was impressed by the gesture and promised to ensure that the beneficiaries get the products.

The Acting Secretary of Social Development, Bolanle Irene Elegbede, who represented the minister commended the President of the Dangote, Group Aliko Dangote and the Dangote Foundation for supporting the poor people in Abuja.

The items delivered in Abuja included: Dangote Sugar, Dangote Salt, Dangote Spaghetti, rice, Danvita and wheat meal.

This donation followed the contribution by the Foundation of a staggering N2billion to the Internally Displaced Persons (IDPs) in Borno State last month.

Speaking at the ceremony marking the distribution of the food items in Abuja, Chairman of the Dangote Foundation, Aliko Dangote, who was represented by Dr. Azeez Oseni, Director of Health and Nutrition, said the Foundation was committed to alleviating poverty in Nigeria.

He said Dangote Foundation is “committed to alleviating poverty and suffering of

underprivileged by supporting social and economic change through investments and interventions that improve the lives of the less fortunate” This, according to him, will make a positive difference in the growth of the nation.

The focus of Dangote Foundation, according to the Chairman, will be on health and nutrition, education, economic development and the provision of relief materials during disaster. While the Foundation is determined to reduce the number of lives lost to malnutrition and disease through access to quality nutrition and healthcare with a particular emphasis on children, it is also aggressively working towards the reduction of out-of-school children, while supporting talented underpriviledged young people to achieving their potentials as well as educating girls and women on health related issues.

He said the Foundation’s cardinal objectives include: health and nutrition, education, economic empowerment and disaster relief.

The food distribution to the vulnerable and indigent during and beyond the season of Ramadan is one of Alhaji Aliko Dangote’s philanthropic activities directed towards helping the poor in the society.

“I will like to specifically thank the Social Welfare Secretariat Team and FCT Emergency Management Agency for the day-to-day logistic support and planning on food distribution to the beneficiaries,” he said.

SIGNING THE CONDOLENCE REGISTER

R-L: Group Managing Director, Arco Group, Alfred Okoigun; Secretary, Borno Elders’ Forum , Dr. Bulama Mali Gubio; and Borno State Deputy Chairman, All Progressives Congress (APC), Alhaji Kalla Maina Munguno, during a condolence visit to the family of the late former Federal Commissioner of Mines, Petroleum and Power, Shettima Ali Munguno, by Arco Group team led by Okoigun in Maiduguri...recently ABIODUN AJALA

DOGARA: HOUSE CAN NO LONGER WAIT FOR EXECUTIVE ON PIB will stand nonetheless.

“We cannot afford to continue with such faulty expectations. The present leadership and members of the 8th National Assembly are poised to enact good laws that will enable the petroleum sector to stand.

“We have a commitment to bequeathing to Nigerians, very robust laws that will seamlessly impact on the people in the most positive ways. We have resolved to remain proactive and to pass new laws for petroleum reforms. We are poised to completely overhaul and transform the Nigerian petroleum industry, particularly, the institutional framework which is believed to be the key to any meaningful reform in the sector.

“On this note, I urge you to consider this vital occasion as an invitation

to you all on behalf of the House of Representatives and indeed Nigerians, to join in the forging of a functional petroleum industry legislation that will take Nigeria into the future of our dream.

“At the inception of the eighth assembly, I intimated my colleagues of the need to chart for ourselves, a carefully thought-out agenda to guide us in our legislative mandate if we were to remain focused and efficient.

“My conviction derived from my belief that we have a lot to offer, as lawmakers, to get this country on the path of progress and development.

I also made it clear that our focus in this quest would be on consolidating on the achievements of the seventh assembly.

“It is instructive to reiterate that the agenda of the present administration is to bring change to Nigerians. For

us, change means work - a lot of which had been done by the legislature in the past.

We believe a lot more can be done to take our parliament and the nation even further in the spirit of the change agenda. After all meaningful change is never about what you abandon but what you embrace. It is never about what you are turning from but what you are turning to. The challenge before us is what to embrace or turn to in this all important sector,” Dogara stated.

The Speaker said there had been several failed attempts to reform the oil sector, but that this will come out good.

“We are not unaware of the several failed attempts at redeeming the petroleum industry by our predecessors. The Petroleum Industry Bill has been down a long, tortuous,

and chequered road.

“Most of us have been co-travelers on the journey to pass the bill into law, and have the requisite experience to avoid any pitfalls ahead, hence this resolve to seek proper consultations with you and build confidence amongst us,” he stated.

He added: “The need to make consensus and lend a voice to long suppressed agitation in the drafting and consideration of petroleum industry bills informed our decision to organise this stakeholders summit.

“We are optimistic that this approach will provide the crucial platform to enable us cross pollinate ideas and ventilate our positions on certain contentious issues, regardless how vexed they may be. You can rest assured that our work at the National Assembly is to do your good intention.”

40

TUESDAY JULY 19, 2016 • T H I S D AY

CRIME&PUNISHMENT Kidnapping: LASG Partners FG, Ogun on Border Patrol Assures residents of safety of lives, properties

Gboyega Akinsanmi The Lagos State Government yesterday said it had partnered the federal and Ogun State governments in a strategic move to end the growing cases of kidnapping and armed robberies in its territory.

Consequently, the state government assured all its residents across the state of the safety of lives and property, which it said, was the principal reason for its existence and responsibility.

The Secretary to the State Government, Mr. Olatunji Bello, said this in a statement he issued yesterday, saying the administration of Governor Akinwunmi Ambode “is alive to its core responsibilities of protecting the citizens.”

In the statement, Bello said the state government was working hard in conjunction with security agencies “to address the recent cases of kidnapping and armed

robberies in some parts of the state.

He disclosed that security intelligence has revealed useful leads towards identifying notorious syndicates behind the heinous crimes and their accomplices. Ambode’s administration will not shirk from its function of protecting the lives and property of its citizens in every part of the state.

While reassuring citizens of their safety in the state, Bello said it was collaborating with security agencies “to put in place upgraded security measures that will guarantee safety of lives and property.

“We would like to inform Lagosians that we are saddened by the recent cases of kidnappings that appear not to be unrelenting. But we wish to assure that the government will not fold its arms and allow a few evil doers to prosper at the expense of innocent citizens.

“We are working together

with both federal government and Ogun State Government in particular in the volatile areas that have been identified. We will spare no effort in bringing every criminal gang to book.

“The response of the state government will be swift, total and reassuring to the public in sending a clear signal to all and sundry that Lagos State will not tolerate any form of criminality.”

He sympathised with the families of victims in Iba and Ikorodu, urging them “to go about their normal businesses without any fear or panic as government has placed security personnel on red alert throughout the state in a bid to checkmate this menace.”

He urged Lagos residents to be very vigilant and security conscious as intelligence reports “have shown that most of these heinous crimes are perpetrated through recalcitrant elements who have infiltrated the state and are carrying out this act in

conjunction with friends, family members or close associates of the victims.”

Bello restated the commitment of Ambode’s administration “to go after and suppress any act of crime and criminality in any part of the state,” enjoining residents to take advantage of the state’s toll free lines: 112 and 767 to report any case of crime or unusual/suspicious movement or strange faces in their neighbourhood to security agencies.

He explained that the recent massive security equipment and vehicles donated by the Ambode administration to security agencies to beef up security in the state, which he said, had considerably curbed armed robbery cases.

He added that the state government in consonance with the police and other security agencies in the state would do all within its means to halt the trend of kidnapping in the state and bring perpetrators to justice.

In Brief

Farmer Beheaded in Kwara A farmer, identified as Sunday Owolabi was reportedly beheaded at the weekend at Rore village in Irepodun Local Government Council of Kwara State. The deceased, according to THISDAY checks was said to have been killed in his farm by a welder, Segun Bamidele. It was gathered that Bamidele attempted to sell off the severed head after committing the crime. According to sources,”the farmer had gone to his farm last Saturday but never returned. This development got his relatives worried and therefore commenced a search for him and later discovered the headless body the next day on the farmland. Sources said: “ The suspect tried to sell the severed head to one Aliyu, who turned him down.

Aliyu thereafter reported the case to a community leader who in turn informed the village head. Upon interrogation by the community, according to a source,Bamidele confessed to have acted under influence of alcohol.

Two Feared Dead in Offa as Cultists Go on Rampage

No fewer than two students suspected to be cultists were reportedly attacked yesterday when the two rival cult groups in Offa, the headquarters of Offa Local Government Area of Kwara State engaged themselves in a supremacy battle in the ancient town. The incident according to THISDAY investigations, had caused serious tension in the town as people ran for dear lives for fear of being attack. Last Wednesday, one of the student cultist of Federal Polytechnic, Offa was killed following the crisis that ensued during the last Students’ Union election in the institution. Even before last Wednesday, the cultists clashed An eyewitness account told journalists in Ilorin yesterday that the latest incident happened around UBA/General Hospital area of the town when the suspected student cultists engaged themselves in a gun duel. It was gathered that, two persons were said to have been injured during the attack as no one died.

N2.4bn Scam: Contractor Gets Bail on Strigent Terms

NO TO VIOLENCE AGAINST WOMEN

A representative of the Lagos State Governor and Commissioner for Women Affairs and Poverty Alleviation, Hon. Lola Akande (left); addressing the Concern Group during their protest over the verbal attack by Senator Dino Melaye on Senator Oluremi Tinubu to the Governor’s Office at the Lagos House, Ikeja....yesterday

Patrick Ani Released from Kidnappers’ Den A Third Republic Senator, Patrick Ani, has been released from the den of kidnappers.

Ani was released on Sunday night and had long reunited with his family members.

However, it could not ascertained as to whether any ransom was paid for his release to those who abducted him early this month.

Ani who represented Cross River South senatorial district on the platform of the defunct National Republican Convention (NRC), in the Third Republic was kidnapped in Calabar on July 6. Ani, who is the younger brother of former finance minister under the administration of General Sani Abacha, Anthony Ani, authored the “Forth Force,” a discuss on current issues in Nigerian politics and nation building, which is published periodically on

several national newspapers.

Commenting on his release, the state Commissioner of Police, Mr. Jimoh Ozi Obeh, confirmed that Ani had been released by those who kidnapped him. The commissioner, however, declined to comment on how Ani regained his freedom from the kidnappers. When contacted on phone about his release, Ani said: “I don’t want to grant any interview on this matter.”

In another development, the police in the state have arrested an armed robber whose is a member of a gang that robbed some shops located on Marian Road recently. Police Public Relations Officer (PPRO) for the state, Irene Ugbo, disclosed that the suspect was arrested at the weekend after he and members of his gang engaged members of the State Anti-

Robbery Squad (SARS) in a shoot-out at Atekong Drive.

She said the arrested robbery suspect who is now cooling

his heels in a police cell has confessed that his gang carried out some of the robbery operations on Marian Road.

Police Intercept 30 Hoodlums in Bauchi Segun Awofadrji in Bauchi The Bauchi State Police Command yesterday said its men had dispersed armed miscreants numbering about 30 and arrested three whose intention were to disrupt the peace in the state.

The miscreants, according to the Police Public Relations Officer (PPRO), Haruna Mohammed, in a statement made available to THISDAY in Bauchi, were seen carrying

machetes, knives and other dangerous weapons.

He added that the police patrol team who saw them heading towards Ahmadu Bello Way, GRA, immediately incepted them.

Mohammed said the suspects arrested are Ibrahim Garba, male, 22, of Unguwan Durumi, Nazif Abubakar, male, 20, of Kofar Dumi and Adamu Garba, male, 22, of Nasarawa Jahun Bauchi and many others.

Justice Nnamdi Dimgba of the Federal High Court sitting in Abuja yesterday granted bail to one Olugbenga Obadina, Managing Director, Almond Projects Limited, who allegedly collected money to the tune of N2.4billion from the Office of the National Security Adviser (ONSA) under Col. Sambo Dasuki (rtd), purportedly for a phony contract. He was arraigned on Friday July 15, 2016 by the Economic and Financial Crimes Commission (EFCC) alongside his company, Almond Projects Limited on an eight-count charge of allegedly collecting a sum of N2, 417, 000,000 paid into his company’s account in tranches, between 2013 and 2015, from the account of the ONSA, under Dasuki without contract award. The offence is contrary to Section 15(2), (d) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act. Ruling on his bail application, Justice Dimgba admitted the defendant (Obadina) to bail in the sum of N500million which will be forfeited to the federal government in the event that he absconds. The defendant must also provide two sureties in the sum of N250million each and must enter a bail bond with the court. The sureties can be a private businessman, professional or civil servant of the rank of a director.

Auxiliary, NURTW Kingpin Gets Six Years Jail Term for Murder An Oyo State High Court has sentenced a former Chairman

of the National Union of Road Transport Workers (NURTW) in the state, Mr. Mukaila Lamidi, known as Auxiliary, to six years imprisonment. Lamidi and four others were put on on trial on a three-count charge of conspiracy, murder and attempted murder for two years before the state High Court. They have been subsequently remanded in Agodi prisons where the third defendant, Taiwo Tijani, reportedly died. Reading the judgment, the trial judge, Justice Eni Esan, who had listened to the submissions of both the prosecuting and defence counsel, said the prosecution failed to convince the court beyond reasonable doubt that the defendants were guilty of murder and attempted murder. He noted that despite the fact that the defendants were not guilty of murder and attempted murder, the facts before the court were sufficient to convict them on the charge of conspiracy. Counsel to the first defendant. The judge consequently, sentenced the defendants to six years imprisonment with the two years already spent in custody to be deducted. Speaking with journalists after the judgment, counsel to the first defendant, Olalekan Ojo, said his client would appeal the judgment. Lamidi, Saheed Kareem, Taiwo Tijani, Abu Kareem and Kazeem Kayode were accused of causing the death of Akintunde Oladipupo by shooting him and also attempted to kill Temitayo Agbaje on March 2, 2014.

TUESDAY JULY 19, 2016 • T H I S D AY

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NEWSXTRA

Dubai Properties: Army Carrying out Forensic Audit of Formations, Units, Says Buratai Senator Iroegbu in Abuja The Chief of Army Staff (COAS), Lt-Gen. Tukur Buratai, has disclosed that the Nigerian Army is carrying out a forensic audit of its units, formations and all operations across the country.

He said this is part of efforts to ensure prudent utilisation of resources allocated to it and ensure that they justify use of materials to prosecute their operations, especially in the North-east.

Buratai disclosed this yesterday in Abuja, when the principal partner of St Francis Xavier Solicitors, Ugochukwu Osuagwu, paid him a courtesy visit.

Osuagwu was the lawyer who prevailed on the Code of Conduct Bureau (CCB) to disclose the content of Buratai’s asset declaration form in the wake of the Dubai property saga.

The army chief stressed that the army under his command had zero tolerance for corruption as every activity of formations and units was being subjected to thorough scrutiny.

According to him, the wastages of the past were being corrected to align to the policy thrust of the present administration.

He said: “My officers know how much I have emphasised the need for basic audit of our accounts.

“The military police is presently carrying out a forensic audit of every formation in the Nigerian Army and in particular our operations in the Northeast.”

“We are looking into the details of how funds are utilised in all our operations especially in the North East in order to ensure that we justify what has been given to the army,’’ he added.

Speaking further, Buratai attributed the successes recorded in the fight against terrorism in the North-east to the judicious use of funds allocated to the Nigerian Army.

“Today the army can beat its chest that it has defeated Boko Haram largely because of the way funds have been utilised,” he remarked.

The COAS noted that “if the authorities had

2016 BICSS

embezzled the funds given to the Army for the operations the feat achieved in the North East would not have been possible”.

According to him, the army remained loyal and committed to the

present administration’s fight against corruption, pledging its full support to the government’s policy on transparency.

Buratai commended the effort of Osuagwu for making efforts to verify the truth about his declaration

of assets before the CCB. He urged other Nigerians to emulate the lawyer ’s virtues of patriotism, selflessness, honesty and respect for human dignity.

Earlier, Osuagwu said his inquiry about the status of Buratai’s Dubai property

with CCB was borne out of his quest for the truth.

He stressed that the revelation from the CCB document on the property owned by the Army chief should end the controversy surrounding the matter.

Lambo Calls for Increased Health Funding Former Minister of Health, Professor Eyitayo Lambo, has charged the federal government to increase budgetary allocation to health if the country is to be taken as serious about attaining Universal Health Coverage (UHC) and the health targets of the Sustainable Development Goals (SDGs) by 2030.

Lambo made this remark in Abuja at the 2016 annual general meeting and scientific conference of the Nigerian Medical Association (NMA), Federal Capital Territory (FCT) chapter. According to him, “It’s a great disappointment that we have been able to achieve less than seven per cent health insurance coverage of the population 11 years after the launch of the formal sector programme of the National Health Insurance Scheme

(NHIS) He listed some of the requirements for the attainment of universal health coverage as a well- designed and functioning health system; a broad, reliable and sustainable health financing system that assures sufficient financial resources for health; extensive risk-pooling of available funding for health; and efficient use of pooled funds in particular through strategic purchasing.

“Universal Health Coverage will be difficult to achieve if we do not take serious and sustainable steps to: ensure that health is accorded very high priority by political leaders at all levels; reduce out-of-pocket health spending from the current high level of over 60% to not more than 20 per cent;

increase risk-pooling from the current seven per cent to at least 75-80 per cent; increase budgetary allocation to health to at least meet the Abuja target of 15 per cent of the total government expenditure; use tax-based revenue to subsidize health insurance prepayment contributions for the poor and vulnerable group; strengthen the national health system, especially primary health care system; and define as well as implement a minimum health package as provided for in the National Health Act (2014),” he added.

Lambo, who was Health Minister from 2003 to 2007 was among those honoured at the event with the NMA Excellent Service Award, particularly for “his vision to commence the Health Insurance

Scheme during his tenure as the Honourable Minister of Health.”

In her remark, the outgoing Chairman of NMA-FCT, Dr. Fatima Zara Mairami, said the Award to Lambo was in recognition of his sterling qualities and invaluable contributions to the Nigerian health space.

She also described him as a source of hope for improvement in our healthcare delivery system, adding that ‘’We feel honoured to have him and his contributions to the health space in Nigeria which have been invaluable.”

The event was attended by Health Minister, Professor Isaac Adewole, his Federal Capital Territory counterpart, Alhaji Mohammed Bello and a host of other important personalities.

Banking Industry Customer Satisfaction Survey

KPMG’s Annual Banking Industry Customer Satisfaction Survey (BICSS) – 10th Edition The KPMG BICSS was launched in 2007 to heighten the consciousness of service delivery among Nigerian banks. This year, we have again expanded the scope of the survey to 29 locations across the country covering over 28,000 customers across segments. Customer selection in the wholesale banking segment was driven by a need to ensure inclusion of companies in each major business sector. Retail respondents were selected to reflect the demographic and income groups through a random sampling approach that ensured representation across the various locations in Nigeria. The Customer Satisfaction Index (CSI) is composed of five key factors - Convenience, Product/Service Offering, Executional Excellence, Value for Money and Customer Care.

Key Highlights Since our last survey, Nigerian banks have had to navigate through a turbulent operating environment with major unnerving headwinds driven by deteriorating macroeconomic fundamentals and strong regulatory dynamics. Now more than ever, banks have to ensure full regulatory compliance while maintaining a delicate balance for survival and profitability and all of these is in an era where competition is rife and customer service expectations are becoming anything but ordinary.

Digital payments continue to grow but cash is still king It’s no longer news that consumers are increasingly completing their banking transactions and general purchases via mobile devices and platforms. Three-in-ten customers have adopted mobile and online banking, slightly up from two-in-ten customers in 2015. However, with the rise of digital adoption by businesses and individuals, our survey finds that about 70% of customers still fulfil regular payment transactions such as utilities (power, water etc.), cable TV, airtime recharge etc. using cash. Another evidence of the predominance of cash is the frequency of ATM usage - seven-in-ten customers use the ATM weekly far ahead of other channels including the branch.

Understanding customer preferences key to driving digital adoption As banks look to reduce the cost-to-serve and improve customer experience by migrating customers to digital channels, feedback from customers reveal a significant gap between current usage and customer preferences. While 92% of customers still make cash deposits/ transfers and lodge their complaints in branches, over half of them have indicated a preference for other channels (internet, ATM, mobile and contact centre). Poor customer experiences, unmet expectations and inability to deliver truly end-to-end digital offerings are common reasons for shunning digital channels. If banks are able to deal with these challenges, they can transition customers fairly easily from brick and mortar branches to digital options.

Consistent customer experience key to winning the loyalty war With the current challenging state of the economy, banks are facing pressures to cut cost with consequent impact on the service levels customers have become accustomed to in recent years. An inherent risk is declining loyalty, particularly for banks who have yet to truly differentiate themselves on the basis of excellent customer experience. Already, 9% of customers expressed willingness to switch their banks (up from 7% in 2015) for reasons ranging from poor handling of requests and complaints to increasing bank charges. With three-in-ten customers having more than one active bank account, the ease of switching primary banking relationships becomes easier when service delivery levels are impacted in one bank. Furthermore, we have seen that retail customers are less likely to recommend their banks to others this year (47% compared to 53% in 2015). Similarly, corporates are also less likely to recommend their banks (67% compared to 72% in 2015) as they demand more effective and timely complaint/ issue resolution as well as timeliness of transactions processing.

The views and opinions expressed herein are those of the survey respondents and do not necessarily represent the views and opinions of KPMG. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

Threshold for minimum respondents have been set for each broad customer segment to ensure the data is statistically robust. Thus, banks with number of respondents not meeting the minimum threshold – in each segment – have not been rated. This does not by any means suggest that their performances are not comparable to the rated banks The annual Banking Industry Customer Satisfaction Survey (BICSS) is a publication of the Management Consulting practice of KPMG Advisory Services. The Management Consulting practice provides strategy, business transformation, technology, project management and human resources advisory services. © 2016 KPMG Advisory Services, a partnership registered in Nigeria and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Top 5 Customer-Focused Banks 78 76.7

76 74.9

74.6

74

74.7

74.1 73.5

73.3

73.3

73.1

72

71.6 RETAIL BANKING

WHOLESALE BANKING

70 Zenith GTBank Diamond Stanbic Standard IBTC Chartered

Citibank Zenith GTBank Diamond Standard Chartered

Top 3 Reasons for Maintaining Banking Relationships Quality of Service Experience Financial Stability Image and Reputation

1

2

3

For more about the survey, please contact: Bisi Lamikanra T: 0803 402 0982 E: bisi.lamikanra@ng.kpmg.com

Ngozi Chidozie T: 0803 402 1013 E: ngozi.chidozie@ng.kpmg.com

Nike Oyewolu T: 0803 402 1034 E: nike.oyewolu@ng.kpmg.com

Bode Abifarin T: 0803 535 3092 E: bode.abifarin@ng.kpmg.com

Interact with us on social media:

www.kpmg.com/ng

42

T H I S D AY •TUESDAY, JULY 19, 2016

BUSINESS/MONEYGUIDE

Expert Urges Firms to Adopt Import Substitution Strategies Obinna Chima Operators of businesses in the country have been advised to redefine their strategies in view of the challenges in the foreign exchange market.

The President/Chairman of Council, CIBN, Prof Segun Ajibola, made the remark at a breakfast session titled: “Business Dynamics under a Flexible Exchange Rate Regime,” that took place in Lagos.

According to him, more than before, businesses need to move away from import dependent technology and substitute imported raw materials for local ones.

He also stated that consumers need to buy into the new dynamics and tame their insatiable appetite for imported commodities, just as he urged government to provide more incentives for businesses that succeed in their quest for import substitution and export promotion.

According to Ajibola, the interaction between business

management and exchange rate is very profound especially in developing economies such as Nigeria where heavy reliance is placed on imported basic necessities of life. This, to him, is so because the array of imported items covers: consumer durable and non-durables, heavy industrial plant and machinery, and manpower and technology.

“Hence, most businesses operating in such countries depend on a friendly exchange rate regime to survive and/or operate profitably.

The challenges inherent in the structure of our economy begin with the near impossibility of the market system to operate without interference. Market system ensures efficient distributive system when the forces of demand and supply are allowed to operate unfettered.

“Market distortions are prevalent all through history. From the labour market to financial market down to the commodity market, governments often have genuine political reasons to intervene, usually to seek the greater good

of the greater number,” Ajibola added.

He pointed out that Nigeria is known to have tried almost every conceivable foreign exchange allocative system, adding that the search for a more acceptable system still continues.

“Let me remind us that our own situation is this complex because when wages are indexed to dollar, about 70 per cent of Nigerians are said to be living on less than two dollars a day.

The prevalence of poverty is therefore a daunting challenge to a government that is desirous to promote economic welfare.

How then can this be done if market forces are allowed to dictate exchange rate when the propensity of the citizenry to consume imported commodities is still abnormally high?

“In situations like this, the call for either high subsidy or tax to redress observed distributive injustice often reaches the roof top, breeding unfortunately rent seeking individuals and corruption in high places.

Kogi Re-appoints Skye Bank as IGR Collecting Bank Less than a week after Lagos State Government directed all its agencies, ministries and parastatals to increase business relationship with the Skye Bank, another state of the federation, Kogi has re-appointed the bank as one of its collecting Bank for its internally generated Revenue (IGR) and services.

The news of the re-appointment of Skye Bank was contained in a letter signed by the State’s Accountant General, Alhaji Momoh Jibrin and addressed to the Group Managing Director

and Chief Executive of the Bank, Tokunbo Abiru.

Dated July 18 with reference number KSG/TRY/2/S.07/VOL. II/20, the four paragraph letter titled: Re-appointment as Lead Collecting bank for Kogi State Internally Generated Revenue (IGR) and Services lauded the track record of the Bank in meeting its obligations and responsibilities which informed the decision of the State government to re-appoint the lender, even as it promised continued patronage of Bank by the state.

It stated: “We wish to inform you of the state government’s decision to re-appoint your bank as lead collecting bank for the Kogi State IGR and services.

Please accept the assurance of the state government’s highest regards and continued patronage.

Kogi State, popularly referred to as Confluence State, has in its labyrinth confluence of River Niger and River Benue with its capital, Lokoja, being the first administrative capital of modern-day Nigeria.

Heritage Bank Launches PayAttitude In a bid to continually give customers a vast variety of payment solution options, Heritage Bank has launched the Pay Attitude mode of payment.

The PayAttitude is a Chip and Pin tag-type contactless solution based on Near Field Communication (NFC) technology, which converts a customer’s mobile phone handset to an NFC device and links the handset to the customer’s debit or prepaid account plus ePurse account, enabling the subscriber or customer to debit their accounts for different payment transactions.

According to a statement from the bank, the Managing Director/Chief Executive Officer of the bank, Mr. Ifie Sekibo said that Pay Attitude was included as part of the bank’s collection of payment solutions because of its plus functionality, which guarantees subscribers the confidence and comfort of successful proximity or contactless payment for goods and services at merchant locations at all times, notwithstanding problems or challenges of telecommunication or unavailability of network of the merchant or customer’s bank.

The bank CEO said such transactions are authorised offline up to the value of plus functionality that the customer subscribed to with the bank.

Sekibo listed the benefits of PayAttitude as zero percentage transaction failure for the holder; instant issuance at the branches and agent locations; protection of issuers and holders against fraud and unauthorized usage because of its Chip and Pin feature and it suits the lifestyle of mobile phone users and it is convenient for retail transactions by tapping the phone against the PoS terminal.

Pwc Rated High in Global Mobility Programme Once considered simply as an administrative function, businesses are increasingly using global mobility programmes as strategic differentiators, according to ALM Intelligence’s Global Mobility Consulting report of May 2016.

The report compared the global mobility consultants who are working with clients to navigate the complex logistical challenges of cross-border moves. It found that employers are using a ‘two for one’ approach when it comes to global mobility programmes – moving employees geographically to grow their businesses in key markets, while using these

moves to develop talent through experiential learning.

The report rated PwC a Vanguard Leader for global mobility consultancy, naming it the leading provider of these services worldwide. It recognises that PwC provides a comprehensive suite of capabilities to global mobility clients with particular focus on strategy and individual employee experience.

Senior Analyst and Lead for Benefits Consulting Research at ALM Intelligence, and author of the report, Matthew Merker, noted that PwC works with clients to not only grow the businesses globally, but also

to use that growth to develop individuals, creating strong leadership with intricate understanding of geographic markets.

“PwC assists clients with understanding the diversity of markets and the complexities of navigating that diversity, from strategic planning to benefits to compliance and governance. It works with clients throughout both employee lifecycles and global mobility programme lifecycles, providing greater understanding of successes and failures in each and preparing strategies for continual improvement.”

Broad street

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2016 Broad Money (M2)

20,470,436.00

-- Narrow Money (M1)

9,040,817.68

---- Currency Outside Banks

1,441,365.03

---- Demand Deposits

7,599,452.65

-- Quasi Money

11,429,618.32

Net Foreign Assets (NFA)

5,551,714.27

Net Domestic Assets(NDA)

14,918,721.73 22,664,815.74

-- Net Domestic Credit (NDC) ---- Credit to Government (Net)

3,782,578.01

---- Memo: Credit to Govt. (Net) less FMA

4,991,246.39

---- Memo: Fed. and Mirror Accounts (FMA)

-1,208,668.38

---- Credit to Private Sector (CPS)

18,882,237.7

--Other Assets Net

-7,746,094.02

Reserve Money (Base Money)

5,758,634.07

--Currency in Circulation

1,811,090.48

--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 15, JULY 2016 The price of OPEC basket of fourteen crudes stood at $43.24 a barrel on Friday, compared with $42.88 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), Rabi Light (Gabon), 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, JULY 19, 2016

Nigeria’s top 50 stocks based on market fundamentals

18-July-16 15-July-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

190.00

190.00

0.00%

3,237,696,406,950.00

10.64

17.86

6.58

4.21%

5.02

02 Nigerian Breweries Plc

133.08

134.03

-0.71%

1,055,204,746,175.04

5.37

24.96

3.85

2.69%

6.23

03 Nestle Nigeria Plc

852.00

852.00

0.00%

675,343,126,704.00

29.95

28.45

4.46

3.40%

17.77

04 Guaranty Trust Bank Plc

22.59

22.81

-0.96%

664,850,338,670.16

3.38

6.83

2.96

7.67%

1.64

05 Zenith Bank Plc

16.41

16.38

0.18%

515,216,463,028.26

3.37

4.80

1.17

11.15%

0.85

06 Lafarge Africa Plc

63.22

66.60

-5.08%

287,960,892,428.20

5.93

10.39

1.05

4.87%

1.59

194.90

180.28

8.11%

253,853,566,974.70

4.45

36.76

1.71

2.11%

4.60

13.70

13.95

-1.79%

251,388,851,645.50

1.39

10.05

0.50

4.43%

0.69

330.00

330.00

0.00%

182,592,403,290.00

23.48

14.05

1.62

4.82%

0.65

10 United Bank for Africa Plc

4.60

4.60

0.00%

166,885,821,081.20

1.64

2.86

0.54

12.77%

0.51

11 Access Bank Plc

5.58

5.40

3.33%

161,418,081,700.98

2.28

2.42

0.47

9.96%

0.43

12 Stanbic IBTC Holdings Plc

15.50

15.50

0.00%

155,000,000,000.00

2.04

7.36

1.27

0.67%

1.33

13 Guinness Nig Plc

97.00

97.21

-0.22%

146,071,154,236.00

0.78

125.41

2.95

0.00%

3.29

14 Presco Plc

36.00

36.00

0.00%

142,937,173,620.00

3.28

32.81

1.97

3.61%

3.40

3.74

3.79

-1.32%

134,248,395,042.08

0.42

8.77

0.26

4.05%

0.23

33.00

33.00

0.00%

124,848,776,250.00

0.32

105.94

2.13

0.15%

15.78

140.45

142.05

-1.13%

89,970,916,483.35

11.12

12.77

1.17

1.55%

3.79

18 Dangote Sugar Refinery Plc

6.80

6.72

1.19%

81,600,000,000.00

0.96

7.07

0.81

7.35%

1.40

19 Oando Plc

6.60

6.88

-4.07%

79,428,484,700.40

0.50

13.76

0.14

10.90%

0.52

50.93

50.93

0.00%

67,227,600,000.00

1.85

27.55

0.50

2.95%

2.77

182.00

182.00

0.00%

61,792,974,334.00

11.92

15.27

0.30

7.69%

3.80

18.65

19.00

-1.84%

61,437,749,072.00

0.64

29.73

3.38

1.32%

5.19

1.56

1.58

-1.27%

60,404,755,983.00

0.05

30.69

1.53

0.00%

0.71

22.30

22.30

0.00%

58,520,489,270.10

1.84

11.94

0.18

9.10%

0.56

161.55

161.55

0.00%

58,254,164,576.10

13.51

12.51

0.95

4.26%

3.97

1.84

1.80

2.22%

42,615,115,701.12

0.24

7.49

0.20

0.00%

0.20

07 Forte Oil Plc. 08 Ecobank Transnational Incorporated 09 Seplat Petroleum Dev. Co. Ltd

15 FBN Holdings Plc 16 Unilever Nigeria Plc 17 7-Up Bottling Comp. Plc

20 Julius Berger Nig. Plc 21 Total Nigeria Plc 22 International Breweries Plc 23 Transnational Corporation Of Nigeria Plc 24 Flour Mills Nig. Plc 25 Mobil Oil Nig Plc 26 Diamond Bank Plc 27 Sterling Bank Plc

1.35

1.39

-2.88%

38,867,064,470.10

0.36

3.89

0.36

6.47%

0.42

20.10

20.20

-0.50%

38,609,374,178.70

2.70

7.54

0.53

4.91%

0.53

1.14

1.14

0.00%

33,017,347,688.88

0.48

2.42

0.23

13.79%

0.18

30 Cadbury Nigeria Plc

16.00

16.30

-1.84%

30,051,232,640.00

3.21

5.08

0.91

7.98%

2.96

31 Okomu Oil Palm Plc

31.50

31.28

0.70%

30,048,165,000.00

2.76

11.34

3.06

0.32%

2.47

32 Wema Bank Plc

0.73

0.75

-2.67%

28,159,360,239.13

0.06

12.60

0.64

0.00%

0.64

33 FCMB Group Plc

1.40

1.42

-1.41%

27,723,795,093.40

0.24

5.82

0.18

7.14%

0.17

35.00

35.00

0.00%

24,500,000,000.00

2.49

14.08

3.47

3.29%

16.12

35 Custodian And Allied Insurance Plc

3.99

3.99

0.00%

23,468,638,138.05

0.71

5.59

0.79

3.51%

0.90

36 Glaxo Smithkline Consumer Nig. Plc

18.60

18.05

3.05%

22,243,302,676.80

0.81

22.93

0.72

1.62%

1.68

37 Mansard Insurance Plc

2.06

2.10

-1.90%

21,630,000,000.00

0.16

13.27

1.33

2.38%

1.27

38 National Salt Co. Nig. Plc

8.00

8.05

-0.62%

21,195,507,024.00

0.79

10.07

1.31

6.88%

2.99

39 PZ Cussons Nigeria Plc

20.60

20.60

0.00%

20,600,000,000.00

1.10

6.40

1.85

0.48%

0.94

40 Honeywell Flour Mill Plc

1.58

1.63

-3.07%

12,529,712,299.64

0.14

11.40

0.26

9.94%

0.60

41 Unity Bank Plc

0.97

1.02

-4.90%

11,338,657,803.74

0.54

1.88

0.19

0.00%

0.14

42 Continental Reinsurance Plc

1.14

1.15

-0.87%

10,580,199,198.24

0.21

5.57

0.60

10.43%

0.77

43 Skye Bank Plc

0.66

0.60

10.00%

9,160,998,930.60

0.85

0.71

0.06

49.18%

0.06

44 Cement Co. Of North.Nig. Plc

6.99

6.99

0.00%

8,784,177,584.34

0.96

7.31

0.67

1.43%

0.87

45 UACN Property Development Co. Limited

4.00

4.00

0.00%

6,874,999,980.00

1.81

2.21

0.61

17.50%

0.21

46 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,126.00

0.10

5.16

0.94

6.00%

0.45

47 Nigerian Aviation Handling Company Plc

4.00

4.00

0.00%

6,496,875,000.00

0.33

12.08

0.76

5.00%

1.07

48 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

49 AIICO Insurance Plc

0.73

0.75

-2.67%

5,059,049,270.40

0.28

2.71

0.16

6.67%

0.54

50 Fidson Healthcare Plc

2.12

2.16

-1.85%

3,180,000,000.00

0.50

4.35

0.39

2.31%

0.51

28 U A C N Plc 29 Fidelity Bank Plc

34 Cap Plc

TOTAL

9,263,243,140,460.21

TOTAL MARKET CAP

9,868,640,668,113.07

% OF MARKET CAP Annotation - MA* = Simple Moving Average

93.87%

Table 1 Market Statistics Mkt Indicators NSE All Share Index NSE Market Cap (N'Trillion) Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Open 15-Juy-16

Close Change % 18-July-16

28,805.45 9.89

28,733.90 9.87

-0.25% -0.25%

119.22 9.28

118.97 9.26

-0.21% -0.21%

Table 3 Top 5 Gainers Stock

Open Close Change % 15-Juy-16 18-July-16

Skye Bank Plc Forte Oil Plc. Access Bank Plc Glaxo Smithkline Consumer Nig. Plc Diamond Bank Plc

0.60 180.28 5.40 18.05

0.66 194.90 5.58 18.60

10.00% 8.11% 3.33% 3.05%

1.80

1.84

2.22%

Table 4 Top 5 Losers Stock

Open Close Change % 15-Juy-16 18-July-16

Lafarge Africa Plc Unity Bank Plc Oando Plc Honeywell Flour Mill Plc Sterling Bank Plc

66.60 1.02 6.88 1.63 1.39

63.22 0.97 6.60 1.58 1.35

-5.08% -4.90% -4.07% -3.07% -2.88%

Trading week starts bearish as ASI drops 0.25% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, July 18, 2016 was bearish as the stock market closed red due to intense sell pressure. This was further highlighted by negative performances from the NSE Sub sectors: Banking, Consumer Goods and Insurance (Save Oil & Gas).

However, trading activities increased in volume as 315.58 million shares worth N1.72 billion in 3,976 deals exchanged hands today. This is an increase from the 272.53 million shares worth N1.70 billion in 4,708 deals carried out on Friday. Topping in volume terms was Skye Bank Plc, United Capital Plc and FBNH Plc while Guaranty Trust Bank Plc and Zenith Bank Plc ended trading as the most active stocks in value terms.

The All Share Index (NSEASI) closed negative with a 0.25% (-71.55) decrease to close at 28,733.90 from 28,805.45 the previous trading day. Market Capitalization depreciated in tandem to N9.87 trillion from N9.89 trillion of prior trading day.

Similarly, the Thisday BGL 50 Index followed suit with a decrease of 0.21% to close at 118.97 from 119.22 recorded at the end of the previous trading day, while its market capitalization stood at N9.26 trillion from N9.28 trillion of the previous trading day.

A total number of 10 stocks gained on the bourse today while 29 stocks declined, 61 leaving stocks unchanged. Skye Bank Plc emerged the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 10.00% to close at N0.66 per share. It was followed by Forte Oil Plc with a gain of 8.11% to close at N194.90 per share.

Others on the gainers list include: Access Bank Plc, Glaxo Smithkline Consumer Nig. Plc and Diamond Bank Plc, while on the decliners’ list; Lafarge Africa Plc led with a loss of 5.08% to close at N63.22 per share. It was followed by Unity Bank Plc with a loss of 4.90% to close at N0.95 per share. Others on the losers list include: Oando Plc, Honeywell Flour Mill Plc and Sterling 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

T H I S D AY •TUESDAY, JULY 19, 2016

44

MARKET NEWS

Unilever Nigeria Records N1.1bn in First Half of 2016

Goddy Egene

Unilever Nigeria Plc yesterday announced its financial results for the half year ended June 30, 2016, showing profit after tax (PAT) of N1.094 billion.

According to the unaudited results, Unilever posted a revenue of N32.272 billion in 2016, up from N28.721 billion in the corresponding period of 2015.

An analysis of the results indi-

cated that cost of sales increased by 16 per cent from N18.972 billion to N21.924 billion. Gross profit stood at N10.353 billion, compared with N9.75 billion in 2015. Selling and distribution expenses went up from N1.274 billion to N1.50 billion, while marketing and administrative expenses fell from N6.979 billion to N6.689 billion in 2015. As a result operating profit improved from N1.567 billion to N2.161

T H E

billion in 2015.

Net finance cost reduced by 54 per cent from N1.47 billion to N670 million in 2015.

Consequently, profit before tax jumped from N94 million to N1.487 billion, while PAT soared to N1.094 billion in 2016, from N86 million in 2015.

The company explained that the consistency in performance over the last two quarters demonstrates its strong resilience in

N I G E R I A N

a challenging operating environment. It said in a statement that trading conditions remained difficult in the second quarter of 2016 with prevailing tight consumer wallets and rising costs.

“However, Unilever Nigeria has continued to optimize its planning capabilities and demonstrate resilience in navigating the difficult operating terrain. H1 performance has

STO C K

been delivered in the midst of multiple challenges including foreign exchange devaluation amongst others,” it said.

Unilever assured shareholders of continued focus on key business drivers to ensure sustained growth in the company’s operations to improve returns on shareholder investments.

“Although the challenges in the operating environment are yet to abate, we have continued to see

E XC H A N G E

sustained momentum behind recent cost and operating efficiency initiatives taken by Management.

We remain focused on driving cost & operating efficiencies, growing market share across key categories and reinvesting behind our core brands,” the company said.

Unilever paid a dividend of N189.2 million that translated to five kobo per share for the 2015 financial year.

T H I S D AY TUESDAY JULY 19, 2016

45

46

TUESDAY, JULY 19, 2016 • T H I S D AY

TUESDAYSPORTS Paul Le Guen is New Eagles’ Technical Adviser

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

Duro Ikhazuagbe As reported by THISDAY yesterday, the Nigeria Football Federation (NFF) has announced the appointment of Frenchman Paul Le Guen, 52, as the new Technical Adviser of the Super Eagles.

The new Eagles’ boss Le Guen who steered the Indomitable Lions of Cameroun to the 2010 FIFA World Cup finals in South Africa is to be assisted by Nigerian Salisu Yusuf, who takes the role of Chief Coach.

Both appointments are subject to agreement of contract terms with the NFF Executive Committee.

Le Guen is believed to be on a $40,000 per month pay while his assistant is expected to be on a N1.5million monthly.

Le Guen played for Brest, Nantes and Paris Saint Germain and won 17 caps for France, before coaching Rennes, Lyon, PSG (in France) and Glasgow Rangers (in Scotland). He also coached Oman.

Yusuf, a former Ranch Bees star player was capped at Under-20 level by Nigeria. He is a former coach of both Kano Pillars and Enyimba of Aba. After Sunday Oliseh quit the Eagles job and Samson Siasia held forth for two games in the qualifiers for the AFCON 2017, Yusuf stepped in as an interim

coach for two international friendly matches in Europe at the end of May, which Eagles won.

Spokesman of the Committee, Paul Bassey, said after the meeting at the NFF secretariat yesterday that Enugu Rangers gaffer Imama Amapakabo and former Super Eagles’ goalkeeper and skipper Alloy Agu, who served as assistant coach and goalkeeper trainer for the games against Mali and Luxembourg in May, retained their places in the technical crew.

The new crew’s immediate challenge is a 2017 Africa Cup of Nations qualifier against Tanzania in the first week of September – a dead rubber, but which would serve as ample preparation for the 2018 FIFA World Cup qualifying match away to Zambia on October 3.

The committee has also recommended to the NFF Board, the appointment of one-time Super Eagles’ assistant coach, Bitrus Bewarang as the new NFF Technical Director.

Bewarang, who is president of the Nigeria Football Coaches Association, will replace the late Coach Shaibu Amodu.

There is also a recommendation that former Super Eagles’ defender Nduka Ugbade be restored to the Under-17 national team as assistant to Coach Manu Garba.

Governor Wike Splashes N7m on Rivers United Rivers State Governor, Ezenwo Nyesom Wike, last Sunday splashed N7million on the state owned Nigeria Professional Football League (NPFL) clubside, Rivers United as part of plans to adequately motivate the club to success.

Wike who was present at the Yakubu Gowon Stadium, Port Harcourt as Rivers United defeated Shooting Stars Sports Club (3SC) 2-0 in a Match Day 27 clash.

He outlined several incentives which should spur players and officials of the club as the season enters the home stretch of the NPFL. Wike also pledged a N3.5million as financial carrot each time the Rivers United earns a draw away from home in the NPFL. For an away win in any of their

remaining matches in this season’s NPFL, River United stands to reap N7million.

Rivers United remains very impressive this season and is still in the running for glory in both the NPFL and the Federation Cup. To ensure the possibility of a double, Wike also promised $50,00 reward if Rivers United defeats either Julius Atete FC or Enyimba International FC in the quarter final fixture of this year’s Federation Cup. The governor also revealed that a ‘special package’ awaits the football club if they reach the last four of the oldest football competition.

Rivers United is currently in third place on the NPFL standings with 44 points from 26 games, two points adrift of the leaders, Enugu Rangers.

Adequate Security Planned for Pele’s Visit Adequate Security has been put in place ahead of the August 10 visit to Nigeria of football icon, Edson Arantes do Nacimento, popularly known as Pele.

At a press conference on Friday at the Astro Turf, Ikoyi, Lagos to herald the arrival of the Brazilian, who is regarded by many as the best footballer of all time, the organisers said everything had been put in place to make his visit a huge success.

The Winihin Jemide Seris (WJS), along with Youth Experience Days

Africa (YEDA), will be facilitating the WJS/YEDA Legend Edition 2016 with Pele.

The Legend Edition 2016 is a two-day event, fromAugust 11 to12th, will focus on youth development and empowerment through a once-in-alifetime inspiring experience with Pele.

The event will involve football loving teenagers and parents, key figures from various state governments, the corporate sector and the Nigerian Football Federation (NFF).

Paul Le Guen

RIO2016 OLYMPIC

Adamu Begs Buhari to Release Funds for Team Nigeria DG Budget Office: Olympic money to be released Wednesday A former Director-General of the National Sports Commission, Dr. Amos Adamu, has sent a passionate appeal to President Muhammadu Buhari to urgently release needed funds to Team Nigeria to enable the country participate at the Olympics Games in Rio de Janeiro, Brazil.

Adamu noted that, the president should put aside the long wait for the Sports Ministry to retire the N2.9billion released for the 2015 All Africa Games and the 2016 Olympic preparation and do the needful by speedily releasing the N2billion to execute the Olympic Games proper.

“Time is running out fast and there is no time to start pressing the Sports Ministry to retire funds earlier released last year. The truth of the matter is that there is no way the former Director General of the NSC, Alhassan Yakmut,

wouldn’t have retired the funds he collected before being posted to the another ministry,” observed Adamu.

He insisted that instead of dissipating energy on the retirement of the funds released last year, Team Nigeria ought to be in Brazil now doing final preparations for the Games.

“But at the moment that is not the pressing issue, but for the Team Nigeria members to get to the venue of the Olympics early enough so as to participate in some friendly competitions that would go a long way in preparing the athletes and coaches for the challenges of the Olympics, since the Team Nigeria didn’t embark on a comprehensive foreign training tour,” Adamu noted.

The former FIFA and CAF Executive Committee member, stated the issue of the N2.9billion

should be revisited after the Olympics “Team Nigeria’s good performance at the Rio Olympics is what should be on the front burner of the federal government now. The president should also remember that the Team Nigeria athletes strived very hard to qualify for the Olympics and they deserve a fair chance to compete for honours at the Rio Olympics.”

He noted that those suggesting that the number of athletes for the Games should be reduced, are only calling for bigger troubles for Nigerian sports as the International Olympic Committee (IOC) would come down heavily on the country with sanctions that would cost a lot of foreign exchange to offset.

Meanwhile, the Director General of the Budget Office of the

Federation, Mr Ben Akabueze, has promised that the Federal Ministry of Youth and Sports will receive its budgetary allocation for the Rio Olympics tomorrow, July 20.

Akabueze gave the assurance yesterday at a meeting of the House Committee on Sports held with the Ministry of Youth and Sports, the Account General of the federation and the Nigeria Olympic Committee (NOC).

The Deputy Chairman, House committee on Sports, Hon Anayo Nnebe had enquired why funds budgeted for the Olympic Games in Rio were yet to be released barely three weeks to the opening ceremony.

The Minister of Youth and Sports Development Solomon Dalung however assured that the ministry had done its best in preparing 78 athletes for ten events despite the non-availability of funds.

Entertainers, Celebrities to Grace Konami 2016 Match Keno Edhowo The 4th edition of Change Africa Foundation games in conjunction with Konami is set to take centre stage in Lagos on July 30, 2016 at the Campos Mini Stadium, Island Lagos.

President and Founder of Change Africa Foundation, Olamide Olabisi, speaking at a conference in Ikoyi, Lagos at the weekend enthused that this year’s edition promises to be more elaborate and better as the number of orphanage houses to benefit has been increased from

four to six in Lagos.

He also restated that year’s edition would not be football affair alone as there would be other side attractions that would include top celebrities and entertainers to thrill the audience.

“We have three side attractions for these year’s edition namely, charity, entertainment and football. Games would be set aside for top celebrities and entertainers to compete in with the sole aim of raising funds to help provide the basic needs of these children so that they can

enjoy a normal life like every other kid in the society.

“Last year we had Lil Kesh perform and that drew a lot of people to the games we hope to achieve more turn out this year by inviting more celebrities in the music and movie industry,” Olamide said Matches to be played in the event include Social Leaders against Team Konami, a female version involving Team Ruby against Platinum and lastly Mtv Base against an All Stars celebrity team. The children are not left out as they would be a

“dab” dance competition, sack races, tug of war with winners to go home with souvenirs and other elegant prizes.

Other sides are attractions would include performances by top Nigerian artistes as well as members of the Nollywood industry.

Olamide also appealed to corporate bodies, individuals and well-meaning Nigerians to be “charitable” and help their quest to reduce the poverty rate in Nigeria by showing their support for the organisation’s scheme

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MISSILE Lamido to APC “The APC has failed woefully and miserably... In the next three years, those being sheltered, protected and favoured against those who are now being seen as human things instead of human beings – their activities would be looked into by another government...Yet, we the politicians are the ones maligned as corrupt. Corruption is not a civilian culture, it is a culture instituted by the military.” – Former Jigawa State Governor, Alhaji Sule Lamido, accusing the All Progressives Congress (APC) government led by President Muhammadu Buhari of not functioning properly.

FEMIFALANA GUEST COLUMNIST

Official Corruption and Immunity

I

n order to ensure the smooth running of the government the Constitution has conferred immunity on the heads of the executive.

A couple of laws have equally granted immunity to members of the judiciary and the legislature. However, the proposal of the Senate to confer absolute immunity on the heads of all legislative houses in the country and the recent freezing of the bank account of Mr. Ayo Fayose, Governor of Ekiti State, by the Economic and Financial Crimes Commission (EFCC) have re-opened the debate on the propriety of retaining the immunity clause in the Constitution.

My position is that no public officer is entitled to absolute immunity as the beneficiaries of the immunity clause may be sued in their official capacity or made nominal parties in criminal proceedings. They may also be sued to defend their elections either in court or election petition tribunals or charged with crimes against humanity and genocidal acts before the International Criminal Court at The Hague. Nigerian people are called upon to demand the abolition of immunity in the struggle for public accountability and transparency.

Genesis of Sovereign Immunity The doctrine of sovereign immunity is of antiquity. It is basically founded on the anachronistic legal principle of rex non potest peccare (the King can commit no wrong). As the King enjoyed absolute immunity he could neither be impeded in his own courts nor subject to any foreign jurisdiction. Menelaus of Sparta confirmed that the King was above the Law of the Realm, when he said “when a King takes spoils, he robs no one; when a King kills, he commits no murder, he only fulfils justice.”

Under the feudal system of government the King was equated with the State. Hence Louis XIV of France once declared, “I am the State”. Although the absolutist powers of the King were swept away by the Glorious Revolution in England the immunity of the Crown was left intact. Thus, by virtue of the Crown Proceedings Act the King was totally absolved of vicarious liability with respect to the tortious acts of his agents or servants. Roper V. Public Works Commissioner (1905) I.K.B. 45, the Crown Proceedings Ordinance, the Petition of Rights Ordinance, the Public Officers Protection Ordinance etc. embodied the essentials of state immunity were imposed on Nigeria by the British colonial regime. Consequently, Nigerians were unable to sue the British Government for the massive violations of their rights and the criminal diversion of the wealth of the country under colonial rule.

Even though the Crown Proceedings Act was abolished in England in 1947 its ghost continued to haunt Nigeria several decades after independence.

For instance, the law was invoked to cover up the atrocities perpetrated by the armed soldiers who destroyed the Ransome-Kuti family house at Idi Oro, Lagos, on February 18, 1977. Thus, in Chief (Mrs) Olufunmilayo Ransome Kuti Vs. Attorney-General of the Federation (1985) 2 NWLR (PT 6) 211 at 236-237 the Supreme Court held that the federal government was not vicariously liable for the arson and wilful damage to property carried out by its armed agents. But the highest court took advantage of the case to declare that Section Six of the Constitution has abolished the anachronism of state immunity.

Apart from the Crown Proceeding Act which was annulled in the Ransome-Kuti’s case a number of other laws which preserved state immunity have either been declared illegal or whittled down by Nigerian Courts. But in spite of the abolition of

Attorney General of the Federation, Abubakar Malami state immunity the Constitution has conferred immunity on the heads of the executive arm of government during their terms of office. Under the defunct military dictatorship the absolute immunity of military dictators was preserved in the supremacy decrees. Specifically, the Constitution was suspended while the jurisdiction of the courts was ousted with respect to anything done or purported to have been done by the military dictators.

In Femi Falana & Ors v General Ibrahim Babangida the plaintiffs sued the defendant to justify the unilateral dissolution of the Armed Forces Ruling Council, the ruling body under the military junta at the material time. In striking out the case for want of locus standi the trial judge, the late Ligali Ayorinde C.J. described the military president as the “Kabiyesi,” (he who cannot be questioned) of the country as he was not accountable to anyone or institution in the country. But the judge failed to appreciate that the “Kabiyesi” in the Oyo Empire could be removed if he was found to have committed grave crimes against the people.

The Purpose of Immunity for Public Officers The sole justification for immunity is that the heads of state and government should enjoy absolute immunity to enable them to perform official duties without distractions. In other words, such public officers should not be harassed or distracted in the performance of their duties by fear of civil or criminal litigation. By virtue of Section 308 (1) of the 1999 Constitution “no civil or criminal proceedings shall be instituted or continued against the President, Vice President, Governors and Deputy Governors during their period of office.” The implication of the immunity clause is that any of the persons to whom the section applies shall not be arrested or imprisoned either in pursuance of the process of any court or otherwise and no process of any court requiring or compelling the appearance of the person shall be applied for or issued.

However, the provision of the immunity clause shall not apply to civil proceedings against the public officer in his/her official capacity or to civil or criminal proceedings in which such a person is only a nominal party. Cases filed before the assumption of office of public officers covered by the immunity clause are stayed to await the expiration of their tenure. Such cases include Col. Oluwole Rotimi Vs. Macregor (1974) NSCC

542; Bola Tinubu Vs. I.M.B. Securities Ltd. (2001) 11 WRN 27; (2001) 16 NWLR (PT 740) 670 and Media Technique Nig. Ltd. Vs. Lam Adesina (2004) 44 WRN 19.

Paradoxically, public officers protected by the immunity clause are not precluded from instituting civil proceedings during their term of office. In Olabisi Onabanjo Vs. Concord Press of Nigeria (1981) 2 NCLR 349 the Defendant challenged the libel suit filed by the Plaintiff on the ground that he was excluded from being sued during his term of office as the governor of Ogun State. In dismissing the preliminary objection Kolawole J. (as he then was) held that even through a governor could be sued he was not precluded from instituting and maintaining an action in Court. See also the case of Aper Aku Vs. Plateau Publishing Company Ltd. (1985) 6 NCLR 338 and Chief D.S.P. Alamieyeseigha Vs. Teiwa & Ors. (2001) 33 WRN 144.

With respect, it is submitted that if those covered by the immunity clause can institute libel suits or enforce other rights it is unjust to prevent other persons from suing them while in office. As there is equality before the law it is grossly unjust to allow public officers covered by the immunity clause to institute civil suits when their opponents are precluded from suing them by issuing or serving court processes on them. The injustice in the discriminatory practice becomes apparent when it is realised that the defendants cannot appeal against the cases if they are decided in favour of the public officers.

Immunity and Criminal Investigations Recently, the EFCC traced N1.2 billion allegedly diverted from the Office of the National Security Adviser to a Zenith bank account belonging to the Ekiti state governor, Mr Ayo Fayose. As soon as he learnt that the account was under investigation Mr. Fayose made attempt to withdraw the balance of N500 million in the account. To prevent the governor from transferring the fund the EFCC froze it and later obtained an ex parte order of interim seizure. In challenging the action of the EFCC the governor said that his immunity had been violated. Convinced that he had been betrayed by the bank Mr. Fayose said that the money was actually donated by the bank to his campaign. As I have argued elsewhere the action of the EFCC cannot be impugned having regard to the combined effect of sections 28 and 34 of the EFCC Act as well as section 308 of the Constitution.

However, assuming without conceding that the bulk of the fund spent on his campaign was donated by Zenith Bank Plc, the governor has unwittingly justified the investigation and freezing of his account by the EFCC. He has also confirmed that the humongous sum of money was transported from Abuja to Akure in contravention of the Money Laundering Act. By his utterances, Mr. Fayose is simply saying that the management of Zenith bank stole depositors’ money and laundered it to fund his political campaign contrary to Section 90 of the Electoral Act, 2010 as amended. On the basis of his own confessional statement, Governor Fayose and the management of the bank are liable to be prosecuted for electoral fraud, money laundering and criminal diversion of depositors’ fund to the tune of N1.2 billion. Therefore, whether it is public money stolen via the office of the NSA or depositors’ fund through the bank the decision of the EFCC to freeze Mr. Fayose’s account is perfectly in order.

In Gani Fawehinmi vs. Inspector General of

Police (2002) 23 WRN 1 the Supreme Court held that although public officers covered by the immunity clause cannot be arrested or prosecuted they are not excluded from investigation for corruption and other criminal offences. It was the view of Uwaifo JSC “The evidence may be useful for impeachment purposes if the House of Assembly may have need of it.

It may no doubt be used for prosecution of the said incumbent Governor after he has left office. But to do nothing under pretext that a Governor cannot be investigated is a disservice to the society.”

Curiously, the interpretation of the immunity clause was limited to section 308 (1) of the Constitution. It is doubtful if the Supreme Court would have maintained the same stand if its attention had been drawn to Section 308 (2) thereof where it is expressly provided that a public officer protected by the immunity clause can be subjected to “criminal proceedings in which such a person is only a nominal party”.

This means, in effect, that a public officer who enjoys immunity can be made a defendant in a nominal capacity in criminal proceedings.

In FRN v Dariye (2011) 13 N.W.L.R (Pt 1265) 521, the Court of Appeal dismissed the charges against the appellant, a sitting governor at the material time on the ground that he was made a principal party in the criminal case.

According to Tur J.C.A: “Learned counsel to the appellant ought to have seen the impracticability, futility and absurdity of instituting criminal proceedings against Chief Joshua Chibi Dariye either as the Governor of Plateau State or in his name since he is not a nominal party under section 308 (2) of the Constitution but the principal offender alleged to have conspired with the other co-accused persons to commit the offences.”

Conclusion Notwithstanding the absolute immunity conferred on heads of government they may be sued in their official capacity or made nominal parties in criminal proceedings. In order to promote accountability and transparency in government and deepen the democratic process the courts have whittled down the absoluteness of immunity enjoyed by the heads of government with respect to electoral disputes and criminal investigations. In the circumstance, the Chief Justice of Nigeria, the police and the anti graft agencies should carry out their statutory duties by ensuring that allegations of corrupt practices involving heads of government are probed while the reports are either submitted to the appropriate legislative houses or kept for the prosecution of the indicted heads of government upon the expiration of their terms of office.

No doubt, the rising wave of executive lawlessness in the polity including the rapacious looting of the treasury by some heads of government has led to an upsurge in the popular demand for the abolition or removal of the immunity clause from the Constitution. This disturbing situation was well captured by Tur JCA in FRN v Dariye (supra) when he said: Experience has shown that the immunity clause in the Constitution has been abused by many Governors and Deputy Governors and Nigerians have been clamouring for its removal from the Constitution.

That has been the yearnings of those who want to rid the country of corruption by persons thrust with the responsibility of executing governmental affairs of the Federation or the States.

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