Tuesday 18th October 2016

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TUESDAY, OCTOBER 18, 2016 • T H I S D AY

NEWS

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

EFCC Detains Fani-Kayode’s Wife, Baby Inside Bank in Ekiti Former minister to sue anti-graft agency

Olakiitan Victor in Ado Ekiti In what looks like a wild drama to onlookers, the Economic and Financial Crimes Commission (EFCC) yesterday allegedly detained the wife of the former Minister of Aviation, Mrs Precious Fani-Kayode and her baby in a bank in Ado Ekiti, Ekiti State capital while making withdrawal.

Mrs Fani-Kayode was said to have visited Ekiti to felicitate with Governor Ayodele Fayose who just celebrated his second year in office last Sunday.

Mrs. Fani-Kayode had gone to Access Bank branch in Ado Ekiti around 3p.m for transactions when she was detained by officials of the bank.

Sensing that she was not being promptly attended to, she inquired from officials what the problem was and was told she was being detained on the instruction of the EFCC for four hours.

The victim, who had her eight-month-old baby with her at the time, was prevented from leaving the banking hall thereafter.

It took the intervention of Governor Fayose who led scores of supporters to the bank around 7p.m. to secure her release.

Speaking after the incident, Mrs. Fani-Kayode, lamented that she was badly treated by the officials while her baby was denied food.

“I’m not a politician and that account had been dormant for about five years. I only activated it last month in Port Harcourt. I decided to go to Access Bank to make some withdrawals when I was detained on the instruction of the EFCC. “They told me account had been frozen and they were asked by the EFCC to arrest me on the spot.

I have been operating the account since 2005 when I was a student in the university. They had earlier frozen my two banks which they have not opened till today and I have been waiting for them to invite me up till today they have not.

“The balance in the account is just N200,000, so I don’t know what their interest is. I’m a private person, I have not received any political fund, so why are they trying to starve my family? That account has nothing to with politics. This is dehumanising. I had to call the governor to inform him of the development.”

Condemning the action of the EFCC and

the attitude of the bank officials, Fayose warned the anti-graft agency against lawlessness and reckless behaviour against Nigerians.

“They can’t try that nonsense in my state.

If they try it, it will be a showdown. They are over-stepping their boundary. This is a country that operates a constitution. What kind of molestation is this? You can’t take away the rights of Nigerians because you are investigating.

“Must they terrorise people because they are in opposition? I have demanded an apology from the bank and if they fail

to do that, I’m done with them. This is lawlessness.”

In a telephone interview with THISDAY, Femi Fani-Kayode, a chieftain of the Peoples Democratic Party (PDP), urged the government to leave his family members alone and face him.

“This government is sick and cowardly and so are the EFCC. If you have a problem with me face me and leave my family alone.

“My wife travelled to Ado Ekiti to see my friend and brother, Fayose and his family.

“They were on their way out of town when they went to Access Bank in Ado Ekiti to get some

money.

They were illegally detained, brutalised and put under arrest on the orders of the EFCC at a bank in Ado Ekiti today.

“She has never had any business with me, she has never been formally invited by the EFCC or asked any question about her transactions and neither have they written to her on any issue even though they are always sending letters to my house and sending people there.

“If President Muhammadu Buhari wants to deal with me why doesn’t he face me like a man instead of trying to harm and hurt

my eight-month-old son and wife.

“Had it not been for the intervention of Fayose, they would have been taken away and subjected to all manner of harm and indignities simply because she is married to me.

“This is Buhari’s Nigeria and we will resist his wickedness and tyranny.”

Fani-Kayode said he would sue the bank and the EFCC for this “illegal and wicked action.”

“They have no right to do this. If they want to see my wife, all they need to do is to invite her. We have nothing to fear. They do not need to be so primitive and barbaric to people.”

Obanikoro Surrenders to Anti-graft Commission, Detained for Interrogation Iyobosa Uwugiaren In Abuja The former Minister of State for Defence, Senator Musiliu Obanikoro, has surrendered to the Economic and Financial Crimes Commission (EFCC), and he is currently being interrogated at the commission’s headquarters in Abuja by some senior operatives of the anti-graft agency.

The Head, Media and Publicity of the EFCC, Mr. Wilson Uwujiaren, confirmed the ongoing interrogation of the former minister who had earlier been invited by the agency.

“Yes, Musiliu Obanikoro is with us; and he is being interrogated,’’ the EFCC’s spokesperson stated.

The embattled former Minister of State for Defence during President Goodluck Jonathan-led government has been accused of diverting N7.5 billion arms’ money for his personal use. The huge fund was said to have been traced to a company, Sylvan McNamara, which the EFCC claimed Obanikoro and his family had interest. Two of

his son, Babajide Obanikoro and Gbolohan Obanikoro, have also been linked to the company.

Accompanied by his lawyers and other political associates, Obanikoro was said to have arrived at the EFCC’s headquarters at about 1:30p.m. and was immediately “ushered into a secret cell for interrogation process.’’

THISDAY gathered that because of the many questions he needed to respond to, he might spend some days in the EFCC’s facility in Abuja.

Obanikoro, who has been out of the country for over a year, returned to the country yesterday morning, apparently to answer to some of the allegations against him by the anti-graft agency.

THISDAY had reported that the former minister, whose family members have had very rough engagements with the EFCC over different allegations involving financial crimes, decided to return to the country after the commission formally extended an invitation, but not before breaking into his home at Park View, Ikoyi, months back.

TOUR OF DUTY TO INDIA

Minister of State for Petroleum Resources, Dr. Emmanuel Ibe Kachikwu (right), and Indian Minister of State of Petroleum and Natural Gas, Shri Dharmendra Pradhan, during the bilateral meeting held during the Kachikwu’s working visit to India...weekend

Senate Committee Backs CBN’s Monetary Policies Emefiele: Economic challenges difficult but surmountable James Emejo in Abuja The Chairman, Senate Committee on Banking, Insurance and Other Financial Institutions, Senator Rafiu Adebayo Ibrahim, yesterday said he was so far satisfied with the current monetary policy measures adopted by the Central Banking of Nigeria (CBN) to get the economy on the right track.

He said the committee would continue to play its role to help the apex bank effectively perform its duties for the country to function properly.

Addressing journalists at the CBN headquarters in Abuja, shortly after an oversight function, he said the committee was satisfied

with explanations by the CBN Governor, Mr. Godwin Emefiele, on recent policy initiatives including financial interventions to states and loans to various sectors of the economy.

Asked to comment on concerns over the alleged disharmony between the operations of both the monetary and fiscal authorities, Adebayo said it wasn’t a major problem.

He said: “We discussed that but we don’t see any major problem, it’s majorly about perception because when any nation is in this kind of situation, all of us are in a hurry to get out-so if we are adopting some measures and it’s not bringing instant result, naturally we would

complain.

“But we have spoken to the CBN and they’ve said they are working together with the fiscal side and that they are always working together, so we believe they are working in harmony.”

The chairman, who also said both parties had exhaustive discussions on all issues added that “we spent two and a half hours discussing and we were not in a hurry; the senators were not in a hurry and the CBN was not in a hurry. So they took all our questions. There was no time limit and were able to exhaust...we are now more enriched about the operations of the CBN and our own role is to help the institution to perform its

duties effectively for Nigeria to function very well.”

He said issues around the CBN’s various interventions to state governments and other sectors of the economy was also addressed and expressed satisfaction at the apex bank’s responses.

Ibrahim said: “We discussed the bailouts and they’ve told us what they’ve done and we’ve requested for a detailed hard copy report on all the bailouts and loans.

We are satisfied.”

Earlier, Emefiele had told the legislators that though difficult, the present economic challenges were surmountable and craved their continuous support for the bank to effectively exercise its mandate.

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TUESDAY, OCTOBER 18, 2016 • T H I S D AY

NEWS

Shell MD: Maxy Specialty Centre will Reverse Medical Tourism in Nigeria Martins Ifijeh The Group Managing Director, Shell Nigeria, Mr. Osagie Okunbor, has declared that the newly inaugurated Maxy Super-Specialty Centre, a member of the Reddington Healthcare Group, will greatly reduce medical tourism in the country.

He said with the state of the art facilities at the centre and the antecedence of Reddington Hospital, many Nigerians needing specialist healthcare services would have no need to travel abroad for treatment, noting that the centre boasts of highly trained professionals and all the requirements of a standard health facility.

Maxy Super-Specialty Centre is a one-stop specialty centre for dental care, Ear, Nose and Throat (ENT) treatment, eye treatment, endoscopy, physiotherapy, EEG, Sleep studios, dialysis, audiology, speech therapy, sleep management, among others.

Speaking at the inauguration, which also marked the 10th year anniversary of Reddington Healthcare Group, Okunbor said the antecedents of the hospital speaks volume of what to expect in the super specialist centre, adding that since Shell Nigeria enlisted Reddington Hospital as its healthcare provider, its staff and the oil firm in general have been happy and comfortable.

He said: “A few years ago, we struggled to provide healthcare services in house for our people, but one day we all sat down to deliberate on this. At that time I was not the GMD, but I was privileged to be among those who made decisions on which health facility to enlist.

Since Reddington came on

board, we have been very happy because of their level of quality and professionalism.

‘That is why when I was invited to come here, I did everything possible to come irrespective of the inconveniences,” he added.

Lending his voice, the Commissioner for Health, Delta State, Dr. Nicholas Azinge, said for any healthcare provider to put up such a world class facility like the one in the centre, despite the economic recession presently experienced, speaks volume of the team’s passion to offer service.

Azinge, who said the passion of the Chief Executive Officer of Reddington Healthcare Group, Dr. Yemi Onabowale, for an excellent healthcare in Nigeria dates back to when they both left medical school some 30 years ago, adding that why others were going abroad to seek greener pastures, the CEO had a vision to bring world class healthcare to Nigeria.

“The fruit of that passion is what we are seeing here today.

A world class Reddington hospital that has had firsts in several areas, and now a world class super-specialty centre,” he noted.

He also emphasised the need for preventive care, adding that, “Every Nigerian need to collectively push for preventive care, as his is much more effective.

For instance, just very few people know that once you are 50 years and above, you are supposed to visit and Ear, Nose and Throat (ENT) specialist at least once every five years. We also need to visit an eye specialist, at least once a year. Same with most of the other specialties. Fortunately now, these are parts of what the Maxy Super-Specialty Centre offers to Nigerians,” he said.

Recession: Nigerian Mogul, Femi Otedola Loses $1.3bn in Value Latest ranking of the world’s richest people by Forbes has shown that oil tycoon and Nigerian business mogul, Femi Otedola‘s net worth has plunged from $1.8 billion to $550 million as the economic downturn has led to a massive drop in the stock price of Forte Oil, the Nigerian Stock Exchange-listed petroleum marketing company.

At the close of trading last Friday, Forte Oil’s share price plunged to a one-year low of N145 ($0.44) per share, down from an all-time high of N342 ($1.1) in March this year when Forbes published its annual ranking of the world’s richest people.

Apart from the tumble in Forte Oil’s stock price, Otedola’s fortune has also been adversely affected by a central bank devaluation of the naira in June.

In dollar terms, the devaluation in addition to Forte’s floundering share price has knocked about $1.3 billion off the value of Otedola’s fortune which was pegged at $1.8 billion in March.

Otedola, who is Forte

Oil Plc’s chairman, is now worth only $550 million as at the close of business last Friday, according to the Forbes’ billionaires’ database.

Otedola was unavailable for comments. However, an analyst at a Lagos-based Investment bank hinted that the share price drop may not be unconnected to the current recession in Nigeria, with inflation soaring at over 17 per cent.

Investors are dumping Forte Oil’s shares as a result of wide-spread disappointing results of Nigerian companies of which Forte Oil Plc is also not immune.

The company’s profit after tax was down at N2.80 billion ($8.8 million) for the third quarter ended September 30, 2016 as against N4.2 billion ($13.5 million) for the same period in 2015.

Sources also attributed the results to reduced demand for energy as a result of the recently increased pump price of petrol, which has adversely affected the fortunes of oil marketing companies in Nigeria.

He said recently, the Delta State Government had discussed with Reddington Hospital management to see to it that the same facility was replicated in the state. “After which, we hope that this will also be replicated in the six geopolitical zones of the country,” he adds.

On his part, the Lagos State Commissioner of Health, Dr Jide Idris, commended Onabowale and his team for being a dependable partner to the government, adding that government cannot do the job of providing adequate healthcare alone.

“Private Public Partnership is the way to go. I have personally seen the various health facilities of Reddington Hospital, and I will say the team has done well in the provision of quality health services to the people,” he noted Idris, however noted that, despite the clamour for PPP, governments in the tertiary, secondary and primary arm were not doing much in terms of healthcare funding.

“Before Ebola came, I could remember I once we t to my then boss to request that I be given half a billion naira to fund healthcare. He told me that was

not possible. But when Ebola came, I was in my office when money came, I didn’t have to go ask for it.”

He advised governments not to wait until there was outbreak before healthcare was funded adequately.

On his part, Onabowale said the birthing of the facility was a careful, deliberate and passionate approach towards providing a one stop health specialty plus a world class facility and professionals for the service of mankind.

He said Maxy Super –Specialty Centre was the first major

centre in the country where all major specialties are brought together under one roof. “The ophthalmology section of the centre has innovative facilities which we are the first to bring into the country. Same with the dentistry, the ENT, among others.

“Reddington, as an hospital has pioneered a lot of achievements in this country, among which is the fact that we were the first hospital to do a closure of a hole in the heart by a non surgical procedure. The three year old patient was to be carried to India, but we decided to do it for free,” he adds.

UNDER STUDYING A BUSINESS GURU

L-R: President/CEO, Dangote Group, Alhaji Aliko Dangote; Academic Director, Owner Manager Programme, Lagos Business School (LBS), Dr. Henrietta Onwuegbuzie; and Professor of Globalisation and Management, City University, New York, Dr. Lilac Nachum, during a tour and interactive session with Dangote by the MBA students of Lagos Business School to Dangote Refinery and Fertilizer Plant, in Lagos...yesterday KOLA OLASUPO

Concerns Mount over Delay by Appeal Court to Constitute Panel on Abia North Senatorial Election Emmanuel Ugwu in Umuahia Over month after the National Assembly Election Petitions Tribunal sitting in Umuahia upheld the election of Chief Mao Ohuabunwa of the Peoples Democratic Party (PDP) as the senator representing Abia North, the Court of Appeal in Owerri is yet to hear the appeal filed to challenge the verdict.

The Progressive Peoples Alliance (PPA) candidate and former Governor Orji Uzor Kalu, had through his legal team appealed against the judgement of the tribunal.

THISDAY however, has reliably gathered that the Court of Appeal, Abuja despite receiving the application of the former governor a few days after the judgement of the tribunal, is yet to constitute a panel to hear the motion for substituted service, which ought to have been heard at the Court of Appeal, Owerri and thus preventing the court from serving a notice on

Ohuabunwa.

Based on further investigations, it was revealed the action of the court is a deliberate attempt to ensure that Kalu’s application is not heard before the 60 days timeline as required by law.

The move to frustrate the appeal of the PPA candidate is purportedly being orchestrated by some staff of the judiciary who have allegedly colluded with the PDP candidate to circumvent the judicial process.

Speaking under the condition of anonymity, a senior official of the Court of Appeal, Abuja who confirmed the development said: “This is not the first time such unethical conduct is happening. It is rather sad.

“It is the handiwork of fraudulent staff who are conniving with politicians to abuse the judicial system.”

Efforts by THIDAY to reach the lawyers of Kalu and Ohuabunwa proved abortive, as they did not take their calls nor respond to text messages.

Buhari Flags off N’ Assembly Seminar on Corruption Today

Omololun Ogunmade in Abuja

President Muhammadu Buhari will today declare open a two-day seminar aimed at formulating a legislative framework on the fight against corruption in accordance with his administration’s anti-corruption crusade.

According to a statement by Special Assistant to the Senate President on Print Media, Chuks Okocha, the seminar, with the theme: “The Role of the Legislature in the Fight against Corruption in Nigeria,” is being organised by the Joint National Assembly Committee on Anti-Corruption.

The statement added that the event would be co-hosted by the Senate President, Bukola Saraki and Speaker of the House of Representatives, Yakubu Dogara.

Speaking on the seminar, Senate Committee Chairman on Anti-corruption, Chukwuma Utazi, said “the seminar would give legal strength to the anti-corruption fight of the present administration and create legislative synergy for the anti-corruption fight.”

He added: “The seminar is aimed at making good the promise of the National Assembly that we are on the

same page with the President Buhari-led administration and in line with the legislative agenda that there is a synergy between the National Assembly and the presidency in the fight against corruption. It is to reaffirm the point that you cannot clap with one hand. It is our way of saying that there must be a legislative strength to back the anti-corruption stance of the present administration.”

Furthermore, Okocha said the keynote address at the seminar would be delivered

by Prof. P. L. O. Lumumba, Director General of the Kenyan Law School. Lumumba is also an international scholar on corruption matters.

The seminar will also feature a discussion on “the Legislature as Champion of AntiCorruption Reforms Leveraging Constitutional Mandates,” under the chairmanship of former Speaker of the House of Representatives, Ghali Umar Na’Abba, while the Leader of the House of Representatives, Femi Gbajabiamila, his Senate counterpart, Bala Ibn Na’Allah; Eze Onyechere, of the Centre for Social Justice and Adetokumbo Mumuni of the Socio-Economic Rights and Accountability Project (SERAP) will serve as panelists.

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TUESDAY OCTOBER 18, 2016 T H I S D AY

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T H I S D AY • TUESDAY, OCTOBER 18, 2016

COMMENT

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

PARTY AGENTS AND ELECTION FRAUD Credible party agents are key to taming manipulation of election results, writes Peter Ukokobili

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lection is a tool by which the populace selects their choice of candidate at various levels of government, namely federal, state and local government. A party agent is an individual who observes the conduct of elections on behalf of an independent candidate or a political party on Election Day. The election act defines a party agent as a person duly appointed by a political party or an independent candidate for the purpose of an election and includes a counting agent and a tallying agent. Amazingly, political parties expend great energy in campaigns and buying the conscience of electorate, but with little attention paid to party agent strategy which is the last resort for reclaiming victory amidst election fraud. INEC manual for election official (2015) reveals the significance of form EC.8B, EC.8C, EC.8D & EC.8E including EC.40 (G), EC.40G (1), EC.40G (2) and EC.40G (3) in the collation of governorship election results.

The main objectives for including party agents in the election process are to identify human error and rigging at voting points. A key role of a party agent is to inspect and list the serial numbers and the seals on ballot boxes including listing the serial number of the ballot papers. Every voting point has a form EC.8B with a serial number written on it. It is the chief duty of the party agent to ensure the correct figures and words are documented on the form EC.8B. Nomination of credible party agents is a key tool for taming and salvaging manipulation of election results. Political parties spend huge funds for campaign and buying the conscience of voters, but neglect party agent’s strategy which is considered critical to election victory. A key tool for preventing ruling party from subverting electoral justice is through party agent strategy nomination across voting points (VPs).

The job of a party agent is to ensure proper collation of results into form EC.8B and proper documentation

THE JOB OF A PARTY AGENT IS TO ENSURE PROPER COLLATION OF RESULTS INTO FORM EC.8B AND PROPER DOCUMENTATION OF OTHER ELECTION MATERIALS AND FORMS

of other election materials and forms. Every copies of form EC.8B is authenticated by a serial number.

Edo is known to be a peaceful state free of election violence. But the just concluded election in Edo was enmeshed in violence in certain quarters and marked with relative manipulation of results by INEC and Edo State Government under the watchdog of change begins with me as claimed by the Peoples Democratic Party in Edo State. Edo State has a total of 1,925, 105 registered voters, 192 registered areas (RAs), 2,672 polling units (Pus) and 4,011 voting points (VPs).

Election fraud or manipulation begins with party agent compromising at voting points (VPs). The primary role required to be played by party agent is to ensure that a copy of the form EC.8B at each voting points are collated in her presence and a copy of the collated result as cited in form EC.8B are sent by text message or phone to the chief party agent. The chief party agent will then cross check if the form EC.8B sent tallies with the collation result of form EC.8E at the state collation centre. Following up election devising this strategy is the sure measure for taming ruling party from perpetuating election fraud in Nigeria.

Adams Oshiomole used one man one vote techniques, using party agent strategy to reclaim his victory from PDP government in 2007 governorship election at the state election tribunal. If the course of justice was perverted in the last concluded election, PDP Edo can go to the tribunal to challenge the victory of APC. If Edo PDP must reclaim their victory from APC, they must first reach out to their party agent to get the correct figures of each voting points before heading to the state election tribunal. If they have got it right through party agent strategy then victory is sure for them. But if they are not sure of the credibility of party agent strategy they ought not to waste time going to the state election tribunal.

Ukokobili wrote from Lagos

RESOLVING NIGERIA’S ECONOMIC CRISIS Jossy Nkwocha argues the need to harmonise politics with economics in order to resolve the crisis

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igeria is facing serious economic crisis. The nation’s currency, the naira, has lost its value by almost 300% in relations to the United States’ dollar or the United Kingdom’s Pound Sterling.

Many companies in various sectors have closed down and laid off their employees. Cost of food items such as rice has increased by over 100%. Inflation and unemployment have increased drastically.

Foreign direct investment (FDI) is declining seriously. There is serious hunger among the poor and middle-class Nigerians. The Nigerian Bureau of Statistics (NBS) then confirmed the fears of many that the Nigerian economy has slipped into full-scale recession with quarter two figures showing -2.06%.

Many people have been lamenting this situation. Some have called for the sacking of the economic team.

Many believe that the solution lies in diversifying into agriculture, away from oil and gas, which has over the years been the mainstay of the nation’s economy. Indeed, there have been so many suggestions, so much talk and many debates that have left us with a cacophony of voices. All measures put in place to rescue the economy have failed.

The managers of the economy, confused, find themselves in the panic mode and resort to fire-fighting technique of trial and error.

Having taken some time to study the scenario, I have come to the conclusion that there is a missing link. All the solutions being proffered and all the actions taken so far have failed to appreciate the fundamental fact that the economy is intertwined with politics;

there is a critical nexus between politics and economics. My thesis is that we have to align the two properly for us to exit the crisis mode and move into economic prosperity; otherwise the Nigerian economy would continue on a downward slide.

In this article, I wish to remove the academic jargons that scholars deploy in interrogating theories and practice of economics and politics. In simple terms, politics deals with the processes of acquiring and retaining power to control the levers and resources of a given society. It is through the political processes that a particular government comes to power. In many multi-ethnic societies, the pattern of interactions among the ethnic groups defines the character of the prevailing politics: inclusive politics, exclusive politics, bitter politics, do-or-die politics, winner-takes-all politics, consensus politics, etc.

On the other hand, economics deals with managing scarce resources within the mechanism of the demand-supply theory. Economics is concerned with using available resources to generate various productive activities that produce goods and services that satisfy human needs and wants, and creating wealth for individuals, organisations and nations.

Economics strives on investments and production, which explains why some nations are rich while others are poor.

Economics deals with independent variables that are constant and make economics almost an exact science.

Economics strives on research, data and statistics. That also explains why economics is supposed to be unbiased and apolitical.

Politics, they say, is a dirty game, war

by other means. Politics is like opium, it intoxicates. The exercise of power which flows from politics can make or destroy a society. Economics on the other hand is gentle yet powerful also. Politics is more of an art while economics is science.

Politics and economics are therefore like strange bed fellows that can hardly meet.

However, development scholars are of the view that both politics and economics must be aligned properly for society to move forward. There is a critical linkage between them. Adam Smith’s classic, The Wealth of Nations and the thoughts of Karl Mark explain this linkage.

Unfortunately, in many societies, there is a kind of superiority contest between political power and economic power; and one tries to destroy the other. And some scholars have asked the question: between politics and economics, which one is superior? Which controls the other?

My postulation here is the need for integration of politics and economics for common good. We must align the two forces in managing and exiting the economic crisis that Nigeria faces at the moment. In today’s societies, politics shapes economic systems and policies. On the other hand if nations want to grow, they must allow economic imperatives or reality to dictate the direction and pattern of its politics and governance. This is more so in a multiethnic and multi-religious society where so many interests have to be balanced for the sake of peace and unity.

The truth today is that the economic crisis in Nigeria is being managed without ensuring that the political imperatives are right. In Nigeria, most so-called economic policies and decisions are politically motivated. The

allocation of economic resources in Nigeria is political. Budget allocations and implementation are more political than economic. Where government cites key industries in Nigeria are political.

Key appointments of government even in the economic sector are purely made on political consideration. Economics has therefore been largely neglected at the expense of politics.

This scenario throws up many contradictions that violate economic principles and laws. When economic laws are violated, the result is economic crisis as we are witnessing. The study of political economy is primarily aimed at managing the conflict between politics and economics to ensure smooth running and prosperity of nations.

The question usually arises: who should run the economy -- economists or politicians? This question is quite germane in our case. For instance, managing the economy involves fiscal policy which is controlled by the minister, a politician while the monetary policy is controlled by economists at the Central Bank. Both fiscal and monetary policies must align properly. In our instant case, both are at variance.

In conclusion, my point is that we should find a way to play good politics, unite all the constituent parts, extinguish fear in the polity, let genuine peace reign, engender a feeling of inclusiveness and togetherness, address the concerns of many, let merit and expertise guide government appointments. The Nigerian sick economy will respond positively, and our economic crisis and recession will disappear. I humbly submit.

Dr Nkwocha is a reputation management and communications specialist

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T H I S D AY • TUESDAY, OCTOBER 18, 2016

EDITORIAL DSS AND AN EMBATTLED JUDICIARY

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The DSS and the Judicial Council should work in harmony to curb corruption in the bench

he invasion of the residences and arrest of some serving and suspended judicial officers by the Department of State Services (DSS) penultimate weekend has continued to attract divergent views among Nigerians. While many disapprove of the commando- style approach adopted by the operatives, others do not see anything wrong in some fully-armed masked men knocking and breaking down judges doors to execute a warrant.

However, there is unanimity of view that corruption exists in the judiciary and the time has come to confront it head on. We share this view. But we disagree with the approach adopted by the operatives of the DSS. Nigeria has adopted a democratic system of government and by this has agreed to be governed by the rule of law. President Muhammadu Buhari has also repeatedly given assurances that he would fight corruption in NIGERIA HAS ADOPTED accordance with A DEMOCRATIC SYSTEM the rule of law.

OF GOVERNMENT AND BY The invasion of the THIS HAS AGREED TO BE judges’ houses at GOVERNED BY THE RULE night belies that OF LAW assurance.

The National Judicial Council (NJC) has stated that the action of the DSS was undertaken to undermine the council for its refusal to hand over its records of proceeding on the investigation of petitions against certain judges. And that it was aimed at coercing the judiciary into submission. This is a serious allegation that runs contrary to Section 158 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, which provides for the independence of the NJC. However, it is also true that the NJC has not done enough in fighting corruption. Merely retiring those found to have abused their oath without recommending them for criminal prosecution to serve as deterrence to others perhaps

Letters to the Editor

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led to the current situation. Nonetheless, invading the residences of judges at night is a crude and risky way to fight corruption as shown by the clash which occurred in Port Harcourt when the DSS operatives went after one of the judges.

Even though the presidency was quick to justify the invasion, the unfortunate reality is that such a move is counterproductive and is not likely to help in the fight against corruption.

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

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t is all the more unfortunate that instances abound when the DSS disobeyed orders from the courts but the presidency did not deem it fit to reprimand the organisation. A judge once ordered that an accused person be detained in Kuje prison but the DSS disobeyed that order and chose to keep the suspect in its custody. The courts, having not their own army or police, rely on public confidence to assert their authority.

What is worrying is that this is not the first time the DSS will be putting its credibility on the line. A couple of years ago, its operatives struck at uncompleted building in Abuja and killed some squatters and tricycle riders. Others were injured. Those who did not sustain life threatening injury were asked to leave Abuja and not to come back. Yet DSS claimed that they were Boko Haram members. As it turned out, the invasion had nothing to do with fighting terrorism. The National Human Rights Commission found the organisation culpable and ordered it to pay compensation.

We recognise the fact that a new leadership is in place at the DSS and we commend the men and officers for the work they do for our country.

But to fight corruption in the judiciary, there has to be synergy among law enforcement agencies working in collaboration rather than at cross purposes with the NJC. What should not be lost on the authorities is that when rule of law prevails, everyone benefits.

But if the judiciary as an institution is destroyed because we want to catch a few crooks on the bench, our democracy will be imperiled.

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.

ABATI, ASO ROCK AND DEMONS

read with bewilderment Reuben Abati’s recent article titled “The Spiritual Side Of Aso Rock Villa” which was supposedly an expose on the influence of rituals, spirits and ghouls on Nigeria’s seat of power and its occupants.

Times without number I chuckled to myself as line after line Abati, whom I regard as a trail blazer in the media world, perhaps running short on reasons why the Jonathan administration failed, decided to use this as a trump card to quieten a number of us who blame Jonathan for failing the nation.

If Abati thought so, then he is largely mistaken as such talk may only expose him further to immense ridicule. I cannot imagine a man like Abati, whose faculties largely impressed me as a student could descend so low and apportion blame of our country’s failings to ghouls and demons!

Abati makes me laugh when he hints at spirits naturally causing fires in the various homes in Aso Rock. Wonderful!

Just as some persons would scream “Blood of Jesus!” when they see a cockroach or cat and immediately brand them as witches and wizards or instruments of an attack from the village. I would be sure to inquire what spirit led to a fire in a friend’s apartment or a big government office, where

funds have been tampered with! Ah, remember the Nigerian External Telecommunication building that was engulfed with fire in 1983. Let’s blame it too on the spirits!

Then Abati extends his theories to the third legs of a number of the occupants of Aso Rock, which he said had cease to work in “the other room” forcing their wives to resort to the dildo. Haba, this forced me to ask whether Abati had taken a census of all the men in Aso Rock to determine whether their third legs were functional or not? Perhaps he organised orgies or was invited to these orgies where all the men became shy of the daughters of eve because they could not “perform” and reorganise these trysts after they lost out in the last elections only to see the spirits release their vigour. I mean such talk remains bizarre and nauseating! But let’s not be offended, just blame it on some spirit!

Abati painted the picture of Aso Rock as a hospital with agonising victims as well suffering from all kinds of cancers!

Ok, I get it only Aso Rock occupants suffer from these cancers, then I guess the issue of people suffering from them in other hospitals were also occupants of Aso Rock!

Even the talk of convoys having accidents, near helicopter crashes or the refusal of air planes to start on a number of occasions was also blamed on spirits by Abati, despite

the fact that he had alluded one of the challenges to the miscalculation of the pilot!

Abati alleges that there is also a spirit that made President Jonathan to take wrong decisions! Wonderful! So the decision to loot and steal the country blind under Jonathan was the handiwork of a number of ghouls; he is saying don’t blame Jonathan nor his cabinet for failing to save for the rainy day and the squadermania that occurred under his watch, for they were all victims of such ghouls.

For crying out loud, if the people don’t take a well prepared statement well or if a policy failed then the trouble is with the policy itself, the trouble is with the trust level the government has with the people and not some ghouls or the devil as Abati would want us to believe! Maybe it was the spirits that were behind Patience Jonathan’s “waka come” theatrics too and the kidnap of the Chibok girls!

Abati’s thesis on the witchcraft dimension in Aso Rock is a testament to why we Africans have failed to develop our society. We believe more in ghouls, charms, the power of the blood of a ram than the innate powers God has given to us.

We have so sedated ourselves to these stupid beliefs that we have failed to develop our society.

Igboeli Arinze, Abuja

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T H I S D AY • TUESDAY, OCTOBER 18, 2016

POLITICS

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

EXECUTIVE BRIEFING

As Bello Settles Down to Work Done with all the legal distractions, the Kogi State Governor, Alhaji Yahaya Bello has fully settled down to work, writes Yekini Jimoh

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overnor Yahaya Bello of Kogi State recently kicked off over 10 billion naira road projects across the three senatorial districts in fulfillment of his electoral promises. Bello, in his inaugural speech, said “Change has come to Kogi State.

I, being the torchbearer and custodian of it, but you, the great united people of Kogi State its owners and proprietors. Let us rise together, take our collective destiny in our hands and go forth excitedly to chart our new direction.

Kogi, this Change is yours”.

Since his assuming office as the fourth executive governor of the state, the young and dynamic governor has demonstrated that his administration truly belongs to the entire people of the state.

This was demonstrated when he constituted his cabinet months ago, giving what was due to all the three senatorial districts of the state without any bias.

Also, during the recent Independence Day celebration, Governor Bello stressed that the geographical spread of his appointments has drawn the anger of many, who had expected that the old and slanted ways of doing things would prevail again.

“We disappointed them with our preference for inclusiveness and merit. They have gone to great extents to exact their pound of flesh, especially in the press. The truth is that no matter what they do, competence and equity will remain the chief criteria for who serves where in this administration,” he said.

Before the governor came on board, the state of the road network across the state was generally passed as pathetic. Many lives had been lost due to the deplorable state of the roads. Previous administrations promised year in, year out to embark on massive road construction across the state but those promises were never fulfilled. As a result, many road projects in the state have suffered such fate.

There are also instances where about 80 per cent sum of the contracts had been paid but level of completion is either 20 or 30 per cent.

But Bello has demonstrated that his government is ready to provide succor to all the three senatorial districts without favoritism, first by embarking on a 10 billion naira road projects across the three senatorial districts of the state.

Among such road projects are 18.3 kilometres – a long road network in Kogi Central, which includes Agassa-Ahache-Upogoro road, Ogaminana-Ebogogo road, Itape-Eika-Kuroko road and Obehira-Ihima-Obangede road in Okene, Adavi and Okehi local government area of the state, costing approximately N3.819 billion.

Others are Iyamoye-Jege-Ife-Olukotun-PonyanEjuku-Ijowa Isanlu roads, Ekirin-Ade-OhunIfeolukotun roads – all in Kogi West and put at N4 billion, while in Kogi East, works are to commence at Ayingba-Umomi-AkpagidigboUgwolawo-Ajaka road, Ankpa township road, Ibana-Okpo road and Ikeje-Ogugu-Ette road at the cost of N2.84 billion.

Kicking off the road in Kogi Central penultimate weekend, Belllo, in his address lamented the poor state of infrastructure, particularly the roads across the three senatorial districts of the state. According to him, the new direction blueprint of his administration had taken note of the infrastructure decay in health, education and road in the state, adding that genuine efforts would be made to rehabilitate dilapidated infrastructure in the state.

He explained that Lokoja, the state capital and other major towns in the state would be given facelift to a 21st century city standard.

He particularly expressed the readiness of his administration to complete the ongoing Lokoja township road with modern facilities to enable the state capital compete with others across the country.

The governor added that apart from the urban roads, his administration would also

Bello...taking it one step at a time

rehabilitate the rural roads and make them motorable to further aid the economic activities

Kicking off the road in Kogi Central penultimate weekend, Belllo, in his address lamented the poor state of infrastructure, particularly the roads across the three senatorial districts of the state. According to him, the new direction blueprint of his administration had taken note of the infrastructure decay in health, education and road in the state, adding that genuine efforts would be made to rehabilitate dilapidated infrastructure in the state

of the state. He said since efforts were on to diversify the nation’s economy with agriculture considered to be the major alternative to oil, deliberate moves would be made to ensure that farm produces get to the market through good road networks.

Speaking with THISDAY, Special Adviser to the governor on Sustainable Development Goals (SDGs), Abdulmumuni Okala assured communities in the state that henceforth, they would be part of decision-making on the types of projects that would be executed in the rural areas. Okara said gone were the days when government officials sat in the comfort of their offices to decide for communities the type of projects to be provided, noting that investigation revealed that most projects that were completed but not put to use by the concerned communities was due to the lack of involvement of the people in decision taking before the projects were provided.

He said Bello has therefore introduced what is called “end users report”, pointing out that SDGs officials have gone round the 21 local government council to interact with communities on the type of projects they want and that by the time they go back to execute the projects, the communities will definitely make use of the projects.

“The end users report introduced by the governor will enable the government to have a comprehensive report on the projects executed before payment can be made and this will enable the government to have checks and balances.

“We have gone round the 21 local government councils and based on our interaction with the people at the grassroots, we have discovered the type of projects they needed, which vary from one community to another.

While some are in need of roads, others declared interest in hospitals, water among others and by the time we go back to establish the projects, the communities were already

involved and they will put such projects into use because they need the projects,” Okala noted.

On the MDGs projects that had been paid for by the immediate past administration but not completed, the special adviser declared that the contractors, who handled the projects would be called back to site to complete them.

Also speaking, Mr. Kingsley Fanwo, who is the Director General, Media and Publicity to the governor said the road projects awarded across the state is a further proof of the governor’s determination to ensure even development across the state.

“For so many years, our people have been clamouring for good roads. God has answered our prayers through the governor.

Alhaji Yahaya Bello is on a divine mission to take Kogi State through a new direction to a new destination. All he needs is your support, cooperation and prayers,” he pleaded.

Others who spoke to THISDAY described the commissioning of the road projects across the state as historic. They claimed that the previous administrations, particularly the last one kicked-off road projects but later abandoned them, despite the fact that such projects were in the budget.

Mr. Emmanuel Samuel from Dekina local government area of the state, while speaking with THISDAY commended Governor Bello for embarking on the construction of roads across the state. He lamented that the immediate past administration abandoned the Dekina township road and pleaded with Bello to complete it. He said due to the nature of the soil in Kogi East, most of the abandoned roads have been taken over by erosion.

He however noted that Governor Bello had demonstrated that his administration belongs to everybody, irrespective of tribe and religion and called on all stakeholders in the state to rally support for the governor so that he can succeed.

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T H I S D AY • TUESDAY, OCTOBER 18, 2016

ONTHEWATCH

Ekiti Assembly Battles the Loyalty Card A crisis of confidence and trust might have hit the Ekiti State House of Assembly, writes Olakiitan Victor

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kiti State House of Assembly has been known to be operating under a perfect and serene atmosphere since its inauguration on June 6, 2015. What actually accounted for this cohesiveness was not far from the fact that all the 26 members belonged to the Peoples Democratic Party (PDP). One would understand the importance of peace in the legislature taking cognizance of what was the order of the day during former governor Segun Oni’s regime, when the PDP and the defunct Action Congress of Nigeria (ACN) had numerical strength of 13 members each.

Events of recent past have elicited a lot of surprises to the people, who hitherto believed that the House was under the firm grip of the governor, Mr. Ayodele Fayose. But last week, crisis of confidence hit the assembly, leading to the suspension of the former House Committee Chairman on Information, Hon Gboyega Aribisogan over alleged disloyalty to Governor Fayose.

This is going by what the Speaker of the assembly reeled out in the assembly’s resolution penultimate Thursday after an emergency plenary, where Aribisogan was alleged to be hobnobbing with perceived enemies of the governor, describing the action as a flagrant betrayal of trust. Prominent among the governor’s perceived enemies, Aribisogan was accused of holding clandestine meetings with in Lagos and Abuja were Senator Babafemi Ojudu, Femi Falana (SAN) and Senator representing Ogun East, Mr. Buruji Kashamu.

What further created anxiety was the fact that Aribisogan has been an ardent and unwavering supporter of the governor. He as the Director of Communication to the ex-State Chairman of the PDP, Mr Makanjuola Ogundipe, joined the fray to kill the consensus to select the governorship candidate for the 2014 poll. He put his political life on the line to defend the governor, thus the present turn out of event is a surprise and one of the few wonders associated with the game of politics in the state.

Without mincing words, Ogundipe, who incidentally is Aribisogan’s uncle, was a fierce proponent of the consensus arrangement, which would have produced the former Minister of Police Affairs, Navy Capt Caleb Olubolade as candidate, as against Fayose. Oubolade was backed by his principal and former President Goodluck Jonathan, but some critical stakeholders like the embattled Secretary of the party, Dr Tope Aluko and Mr Talabi Arinka killed the dream. Surprisingly, the trio has now fallen out with Fayose, politically.

Before the suspension, insinuation was rife in town that two principal officers of the assembly would be hammered. The rumour mentioned the name of the Deputy Speaker, Hon. Segun Adewumi and Aribisogan, but the rumour was hard to believe because of the sobriety and good disposition of the number two lawmaker, whose civility and loyalty to Fayose has never been in doubt.

What was initially seen as mere rumour later blew open during the October 2 parliamentary session, where it was gathered that the issue of alleged disloyalty of some members were debated. A source in the assembly confided in some newsmen who had been on top of the development that the assembly had secretly set up an ad hoc committee to try the two lawmakers and this was taken away from the public glare, probably to prevent people from reading political meanings to their actions.

It was gathered that the lawmakers, after exhaustive deliberations at the parliamentary, urged the deputy speaker to retain his position and was mandated to write a letter of apology for not divulging the series of meetings Aribisogan allegedly held with the governor’s perceived political enemies.

The silent war came to a dead end on Thursday, October 6, during the plenary. Critical decisions that indicated that all was not well were taken. The Assembly, presided over by Oluwawole, however suspended Aribisogan for 180 legislative days, with the condition that “his conducts henceforth would determine further actions on him.”

Fayose while laying the 2016 budget before the Ekiti Assembly

To further send a signal that allegations of treachery would not be treated with levity, Aribisogan was also barred from holding any position of responsibility on behalf of the House of Assembly during the period of his suspension, while all benefits associated with his office were suspended. It also resolved that he must not be seen in and around the Assembly complex within one kilometer radius.

Before the last straw that broke the camel’s back, the lawmaker had met and perused the report and recommendations of the seven-man Ad Hoc panel, headed by Hon Biola Jeje, representing Ido/Osi constituency 1 and submitted to the Ethics and Privileges Committee of the House.

Going by the terms of reference of the committee, the panel had investigated allegations bordering on gross misconduct and acts capable of destabilising the House made against Aribisogan. The leader of Business and Rules, Hon Tunji Akinyele moved the motion for the adoption of the report and was seconded by

Events of recent past have elicited a lot of surprises to the people, who hitherto believed that the House was under the firm grip of the governor, Mr. Ayodele Fayose. But last week, crisis of confidence hit the assembly, leading to the suspension of the former House Committee Chairman on Information, Hon Gboyega Aribisogan over alleged disloyalty to Governor Fayose

Hon Tope Fasanmi.

Other members of the seven-man panel include Sina Animasaun, Dr Samuel Omotoso, Akinniyi Sunday, Dele Fajemilehin, Cecelia Dada and Fasanmi Temitope.

However, in order to adhere to the principles of fairness and justice, Aribisogan was invited by the panel for questioning. Before the panel, he was said to have been confronted with an audio tape evidence containing his voice recording, where he was accused of running down other lawmakers and making caustic statements about the personality of the governor.

The embattled lawmaker, however, denied the allegation, saying it was a desperate attempt by a member of the assembly to suffocate him politically. Presenting the committee report to the Assembly, Chairman of the Ethics committee, Hon Fajana Ojoade, said it was established after thorough investigation through interviews, review of facts and unassailable evidence made available to the committee that Aribisogan actually committed the offence.

The committee chairman said the deputy speaker confirmed both in writing and orally that Aribisogan confessed to him at a popular hotel in Ado Ekiti on the evening of Friday, September 30, 2016 that he did meet with some elements that are against the governor in Lagos on Saturday, September 24, 2016.

“In a manner that has rubbished the integrity and confidence that the Ekiti people have in the State House of Assembly, Hon. Adewumi also said truly, Hon Aribisogan visited Lagos to allegedly connive with opposition elements in an attempt to destabilise Ekiti State.

“Instead of showing remorse and apologising for his embarrassing actions despite all overwhelming evidences, Hon. Aribisogan persisted in his shallow denials. It is hereby determined and declared that Hon. Aribisogan is guilty of these allegations and should be punished adequately to minimise the bad image his shady movements and conducts have caused this honourable house, while also serving as deterrent to others,” the report read in part.

Adopting the report, the House resolved that Aribisogan’s office should remain sealed throughout the period of the suspension and that he should submit all properties of the Assembly to the Clerk. Explaining the rationale behind the assembly’s decision to punish Aribisogan, the assembly’s new chairman, committee on information, Hon. Samuel Omotosho, who addressed journalists shortly after the session, accused Aribisogan of involving himself in acts capable of destabilising the peace and

orderliness of the state by allegedly having unholy alliance and relationship with those, who have constituted themselves as enemies of the state government and presented false information for pecuniary gains, thereby casting aspersion on the assembly.

Omotosho said it was to serve as deterrent to anyone, who might be nursing same act to desist from it and also show that “We want to live above board in our ways. Aribisogan remains our brother and we are quick to forgive if he shows remorse and genuineness to change.”

Aribisogan has not kept quiet to the onslaught against him, as he threatened to approach the court to nullify his suspension. The lawmaker said he would consult widely with his constituents before taking the decision.

According to him, “The so-called audio was a superimposed voiceover to tarnish my reputation. At the panel’s sitting, there was a presentation of inaudible voiceover claiming that they recognised my voice and I discarded it as a cheap blackmail.”

The lawmaker said the battle for the 2019 House of Representatives election in Ikole/Oye federal constituency had begun in earnest and expressed resentment that the assembly was being used as a testing ground. He specifically accused Omotoso, who came from Oye local government of allegedly planning to smear him before the governor to gain upper hand at the primary.

A vivid dissection of Aribisogan’s allegation confirmed that the duo have a clash of ambitions, culminating in the dangerous political chess-game akin to survival of the fittest. Aribisogan said he remained a loyal person to Fayose and nothing, including political interest would drive him to engage in any act that could be injurious to the governor’s political interest.

“What they were planning is to make Fayose naked, because if you check your records, about nine of us began the journey with Fayose and today, I am the only person that remains with the governor. Dr. Tope Aluko, Odunayo Talabi, Tunji Olanrewaju, Mrs. Modupe Oyebode have been schemed out. This is a game plan and Governor Fayose must beware; he must look at his back.

“But let me tell them that I won’t go down the way of these people. I will fight back to retain my integrity and my honour. I never held any NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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TUESDAY, OCTOBER 18, 2016 • T H I S D AY

FEATURES

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

The Panacea for Cheap Drugs Odimegwu Onwumere writes that before Nigeria can realise its goal of making cheap drugs, factors such as the international politics on drug transactions, failed health policies by successive governments, and industrialisation, amongst others, must be resolved

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efore now, there have been suggestions that local industries should be supported in order to produce guaranteed pharmaceutical products for local utilisation, because no nation progresses by importing everything it uses without the local content. This has made the opinion expressed by Prof. Temitope Alonge, recently signifying that expensive drugs can be a thing of the past if only Nigeria can talk to the World Health Organisation (WHO) for authorisation to churn out vaccines and tablets that are cheap and relevant to healthcare.

Alonge, who is the Chief Medical Officer of the University College Hospital (UCH), Ibadan, believed that successive governments have not done much through their policies to alleviate the pains that Nigerians go through in getting medical attention, but especially drugs. Nigeria has over the years been implementing policies in the health sector without much execution in the area that they will positively affect the people, therefore making Alonge’s clarion calls essential for Nigeria and her citizens to recognise and take pharmaceutical products as susceptible items.

There have been different bans placed on some pharmaceutical products by successive Nigerian governments to enhance the health sector, especially the ban in 2005, of which Paracetamol was the only drug among the banned regarded as being locally produced to be self-contained. That was a feint to Nigeria considering the fact that India had 16, 000 companies where drugs were manufactured with over 1, 000 of them certified by the WHO. An eye-opener, when Nigeria was gasping in speculation to produce cheap drugs, is the revelation made by a lecturer at the University of California, Irvine, Kristin Peterson, the author of the book, ‘Speculative Markets: Drug Circuits and Derivative Life in Nigeria’, in an interview with a Nigerian newspaper published in August this year said “There are over 80,000 chemical and drug companies in China (some of which Minister of Health, Prof. Isaac Adewole

The sad aspect was that there was no pharmaceutical industry in Nigeria that was of the WHO standard, making the Nigerian pharmaceutical sector incapable to apply for loan from Global Fund, therefore giving the Europe, China, India and America the edge to continue to see Nigeria as a great purchaser of their drugs

are foreign owned) and national regulatory agencies might inspect 20 or 30 of them per year.”

The irony was that Nigeria had not taken some decisions in the health sector and considering such decisions with paramount watchfulness. While at any blink, the government would ban some pharmaceutical products, Nigeria by 2010 hadn’t factories that produced Ibuprofen, Tetracycline, and among others. In the same year, the lives of 140 million Nigerians were virtually and harmfully impinged on, by the policy assessment.

Some health organisations in the country hence proposed for the launching of a scientific foundation for decision-making.

They were of regret that when foreign donors made donations to Nigeria in the area of drug purchasing, the country turned around to expend the money in foreign market. A case-of-study was in 2009 when N4b was made available by the Global Fund for the purchase of drugs and no pharmaceutical company in Nigeria was of standard to purchase drugs from. However, analysts have said that independent drug importers in the country are patriotic, but in the international periscope, standard is top priority than patriotism.

The sad aspect was that there was no pharmaceutical industry in Nigeria that was

of the WHO standard, making the Nigerian pharmaceutical sector incapable to apply for loan from Global Fund, therefore giving the Europe, China, India and America the edge to continue to see Nigeria as a great purchaser of their drugs. This was revealed

by Peterson, saying: “In the 1970s, prior to the implementation of the structural adjustment programme, American and European brand name pharmaceutical companies saw the Nigerian population as buoyant purchasers. And, of course, at that time, the naira was at par with the dollar and the pound. There was a fairly robust middle class and people were able to afford many of the products produced by those corporations.

“But the moment the economy started to take a downturn after Babangida’s 1986 implementation of structural adjustment, many things changed. On the one hand, the private sector could no longer cope because the value of the naira was crashing.

It also became risky for drug companies to do business because the population could no longer afford their drug products.

“Because of that risk, the brand name multinational drug companies abandoned the Nigerian market that they themselves created. On the other hand, the population was expecting social welfare entitlements like pensions and free education, both of

which they were receiving. But dictatorship and austerity led to mass protests as Nigerians’ sense of security was slipping fast out of sight.”

In 2005, some of the banned pharmaceutical items went up above 500 per cent, with Lavampisol, a worm expellant, as an archetypal example. The relevance of the position by the Professor Alonge will help douse the stereotype among many Nigerians who misconstrue cheap drugs for counterfeit drugs, even when Nigeria has not won the battle against fake drugs.

Peterson further highlighted, “The global brand name drug industry at one time did exceptionally well in Nigeria. Companies such as Pfizer, Roche, Upjohn, Ciba, among many others came to Nigeria as early as the 1940s and 50s. By the 1970s, Nigeria’s oil boom attracted the major drug companies around the world and they distributed and manufactured products within Nigeria. In some cases, they made a lot of money – in fact, some products that sold in Nigeria were the highest selling products in the world.”

The battle against fake drugs has been in vogue, especially with the National Agency for Food and Drug Administration and Control (NAFDAC) subjecting to superfluous inspection of every drug imported into the country. The NAFDAC has been in this battle against fake drugs since it was established by Decree 15 of 1993 as amended by Decree 19 of 1999 and now, the National Agency for Food and Drug Administration and Control Act Cap N1 Laws of the Federation of Nigeria, 2004.

The Association of Pharmaceutical Importers of Nigeria (APIN) in 2010, fought a battle against fake drugs, by helping the government owned health organisations perform their official roles in checking the drugs imported into the country and making sure that drugs from India and China that came into the country were not fake and substandard. Nigerians have however, always shown concern over alleged fake drugs imported into Nigeria from India and China.

Nevertheless, what Alonge invariably meant was that Nigeria has to tow the line of the APIN which gave China and India a condition that their drugs, before they are imported into the country, must be certified by the WHO. If there were incidences of fake drugs from India and China imported into Nigeria, the WHO ought to be asked questions. While the authorities may buy the idea raised by Alonge, there are factors that may hinder the proposal except they are put in place.

It is saddening that Nigeria has grown thick skin not to accept industrialisation with electricity being the arch-hitch to investors in the country. Banks hardly give loans without increased interest and other financial institutions hardly fund projects in the country making entrepreneurs the melon that proverbially sourced for its cooking water.

The hardship in the country has spurred bad eggs in the medical profession and the government has been tapping their back with the kid’s glove when a country like China once put-to-death the head of China's Food and Drugs Authority. The victim’s ordeal was his involvement in illegal trades in drugs, using his office. Nigeria has to put in place every mercenary for zero tolerance in the peddling of fake drugs and to their producers. By 2010, the world stood still when Chinese government also killed five persons involved in the creation and selling of contaminated baby milk with melamine.

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• T H I S D AY TUESDAY, OCTOBER 18, 2016

PERSPECTIVE

Wike...Defender of democracy

When You Face Arrest, Call Wike Ismail Nurudeen

“

It doesn’t matter what it will cost. When you talk about liberty, sacrifices must be made. We are not trying to stop an arrest. All we are saying is that things must be done decently and in line with the rule of law.” Governor Nyesom Wike, on his role in stopping the invasion of the residence of a Judge in Port Harcourt.

I must confess that before he became governor of Rivers State, Nyesom Wike was not on my list of top 20 favourite politicians on the arena. I had judged him based largely on what I considered an unfair and unnecessary pre-election and post-election attacks on his predecessor, Rotimi Amaechi, now Minister of Transport.

He had come across to me as an anarchist, rabble rouser and a political predator who had nothing to offer.

But having watched him keenly since becoming governor of the oil-rich Rivers State, Wike has changed my perception of him. He has not only proved himself contrary to those characterisation, but has also exhibited vision and courage-qualities that are rare to find among present day breed of politicians.

I have cracked my head trying to fathom the reasons why Governor Wike prevented operatives of the Directorate of State Services,DSS, from invading the residence of Muhammed Liman, a judge in his state, despite the risks to his life, and public insinuations on his motive.

But the preponderance of legal public opinions on the manner of the DSS arrest of senior judges recently have vindicated Wike, who is himself a lawyer. The Nigerian Bar Association also kicked against commando style operations of the DSS. The All Progressives Congress-led National Assembly has also condemned the arrest of the judges and passed a resolution to probe the DSS on the matter.

And even shocking were comments coming from the Chief Justice of the Federation, Mahmud Mohammed describing the DSS

action as “saddening and deeply regrettable.”

He said the Judiciary viewed the assault as “ illegal and unconstitutional and a threat to the independence of the judiciary,” and aimed at intimidating the judiciary.

These are strong words coming from the Chief Justice of Nigeria, an office renowned for taciturnity in matters such as these.

But it was Governor Wike who put the issue in its appropriate perspective and context. He saw the action as an assault on liberty of citizens and on democracy,

Wike’s intellectual interpretation of the action of the DSS, and his physical sacrifice to defend liberty, was expressed in a more prosaic way by the CJN when he said 'these military-style operations are totally unacceptable in a democratic society.

They are unacceptable against private citizens but even more so against serving justices of superior courts'

and these are core principles he would be prepared to die protecting. That is why he urged sacrifice on the part of all to protect this democracy from military men in civilian camouflage.

Wike’s intellectual interpretation of the action of the DSS, and his physical sacrifice to defend liberty, was expressed in a more prosaic way by the CJN when he said “these military-style operations are totally unacceptable in a democratic society. They are unacceptable against private citizens but even more so against serving justices of superior courts.”

There is an easy temptation to view Wike’s intervention in the arrest of the judge as a plot to cover up a crime or protect criminal act as the DSS had insinuated.

But Wike’s bold and confident admission that he prevented the arrest because he thought it was patently wrong and dangerous was enough to disabuse my mind of his complicity. No one with intent to cover crime would have such audacity.

How I wish such governorship interventions is not limited to the high and mighty, and can be extended to the common men in this country. If we have governors standing for the common people against unlawful arrests and official brutality, it will undoubtedly go a long way towards sanitising law enforcement in this country.

This is why Governor Wike must not stop at protecting only senior citizens, he should immediately inaugurate a rapid response committee or agency that will make such interventions on his behalf for all citizens of the state facing illegal arrest by law enforcement officers. Such agency must have hotlines that would be circulated in the media for people to call whenever actions are about to take place.

If everyone in the state is allowed to come and share their experience with law enforcement officers, especially the police, nearly everyone will have a pathetic story to tell.

It is such a common occurrence that Nigerians have almost gotten used to it.

Many Nigerians would react to stories of

police harassment or brutality with such phrases as “No be police,” or “Na so them they do!”

Of course, there are people who would abuse such privileges and call for government protection even when they have committed the crimes and the law enforcement are doing their lawful duty. But the agency must be equipped and mobilised to also act as an ombudsman so that it can investigate cases and deal with them on their merit.

The likely abuses of such an arrangement must never blind us to the objective of reducing, if not eliminate the menace of official brigandage as witnessed recently in the arrests of judges. Governor Wike must go a step further to convince his people that he is truly the Chief Security Officer of his state by putting machinery in place to elevate law enforcement decency.

The law presumes a criminal innocent until proven guilty in a court of law. Those who enforce the law must be decent to act decently. If they are not ready to be decent men and women by their training, the society must force them to be. And one way is when high state officials are prepared to make the right sacrifices to protect the rule of law and liberty of citizens the way Governor Wike had done.

Leadership is effective when it has the force of personal example. Governor Wike is leading admirably by personal examples. Even though he entered River State Government House still in battle with Rotimi Amaechi, his immediate predecessor, he unexpectedly and unconditionally sheathed his sword against the outspoken Amaechi. The two are important figures in the state, and working together is best for their state. Wike realises this and has welcomed Amaechi on board.

It is time to serve and make Rivers work again. This appears to be Wike’s motto. What he has achieved in the last one and half years is ample testimony of this commitment, and is a subject for a treatise on leadership. .Nurudeen wrote in from Abuja

20

IMAGES

T H I S D AY • TUESDAY, OCTOBER 18, 2016

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

L-R: Permanent Secretary, Federal Ministry Of Women Affairs And Social Development, Dr Mrs Amina Bello; The Minister, Senator Aisha Jumai Alhassan; And The Deputy Governor Of Kaduna State. Mr. Barnabas Bala Bantex, And His Wife, Ladi, At The 16Th Regular National Council Meeting On Women Affairs And Social Development In Kaduna...Recently

L-R: Group Managing Director, Nestoil Limited, Dr. Ernest Azudialu-Obiejesi; Minister of Science & Technology, Chief Ogbonnaya Onu; and Chief Executive Officer, Signal Alliance, Mr. Collins Onuegbu, at the 22nd Nigerian Economic Summit in Abuja...recently

L-R: Chairman, Fate Alumni Conference Planning Committee, Mr. Ibrahim Salau; Secretary, Fate Alumni Conference Planning Committee, Mrs. Roselyn Onalaja; Executive Director, FATE Foundation, Mrs. Adenike Adeyemi; and member, Almni Conference Planning Committee, Olusegun Mcmedal, at the media briefing on FATE alumni conference in Lagos...recently ETOP UKUTT

L-R: Commercial Director, Nigeria and Ghana, Air France KLM, Mr. Arthur Dieffenthaler; Chief Marketing Officer, MTN Nigeria, Mr. Rahul De; and the Human Resource and Corporate Services Executive, Mrs. Amina Oyagbola, during the MTN-Air France KLM partnership announcement programme in Lagos...recently KOLA OLASUPO

L-R: Marketing Services Manager, Nutricima, Mr. Funsho Jacob; Brand Ambassador, Nunu, Omoni Oboli; representative, Nutrition Society of Nigeria, Mrs. Coates-Romoke Oludayo; and the Brand Manager, Nunu, Mr. Nathaniel Adewusi, during the Nunu Smart Growth Launch in Lagos...recently

L-R: Ambassador, Embassy of the Slovakia Republic, Peter Holasek; President, Lagos Chamber of Commerce and Industry (LCCI), Chief (Mrs) Nike Akande; and the Director General, LCCI, Muda Yusuf, during a courtesy visit by the ambassador to LCCI, n Lagos...recently

L-R: Directing Staff, Special Duties, National Institute for Policy and Strategic Studies, Kuru, Jos, Prof.

Funmi Para-Malam; Programme Manager, European Union (EU), Mrs. Laolu Olawumi; staff, Federal Ministry of Women Affairs and Social Development, Mrs. Regina Akpotive; and Programme Manager, UN Women, Peace and Security Programme, Njeri Karimu, during the stakeholdersí meeting and official launch of a book on promoting womenís engagement in peace and security in Northern Nigeria in Abuja...recently ENOCK REUBEN

L-R: Country Manager, Vlisco Nigeria Limited, Adebisi Adekunle; CEO, Vlisco Group, David Suddens; and the Cluster Director, Vlisco West Africa, Junior Ahodegnon, during the celebration of 170 years and opening of Vlisco shop in Jabi Lake Mall in Abuja...recently KINGSLEY ADEBOYE

23

T H I S D AY • TUESDAY, OCTOBER 18, 2016

BUSINESSWORLD

ENERGY

Imperatives of Sale of Nigeria’s JV Assets Since the federal government’s earnings from the oil joint ventures is not largely determined by Nigeria’s equity in the assets, Ejiofor Alike suggests that the divestment of NNPC’s stake has become imperative to resolve the corporation’s inability to meet its cash call obligations, which have accumulated to arrears of $7 billion.

Inadequate budgetary allocations have weakened the capacity of the Nigerian National Petroleum Corporation (NNPC) to meet its funding obligations in the joint ventures (JVs) with the international oil companies (IOCs).

In the JVs, each of the partners lifts crude oil and contributes funding, otherwise called cash-call, according to their equity holdings in the joint venture company.

NNPC holds either 60 per cent or 55 per cent in the current JVs with the IOCs, and thus contributes the equivalent funding requirement, while the IOCs provide the balance.

However, over the last 10 years, the federal government has demonstrated lack of financial capacity to fund the JV projects between the NNPC and the IOCs. While crude oil production from JVs has dropped drastically, production from projects under the Production Sharing Contract (PSC) arrangement, which are solely funded by the IOCs, has risen by an estimated 500 per cent over the same period, according to industry statistics.

With the chronic funding shortages to meet NNPC’s cash call obligations, coupled with the attacks on onshore facilities by militant groups, Nigeria’s crude oil exports are currently sustained largely by the prolific deep offshore fields such as Shell’s Bonga, ExxonMobil’s Erha, Total’s Akpo and Usan; and Chevron’s Agbami, which are all under PSCs. The attacks on the traditional shallow water and onshore terrains, coupled with the chronic funding challenges had prompted a wave of divestments of onshore assets by the IOCs to Nigerian independents.

A major challenge of the JV system, therefore, is the inability of the NNPC to meet its cash-call obligations.

This had led to the establishment of a new fiscal regime – PSC, modeled after Indonesia’s Production Sharing Agreement.

Under a PSC, the NNPC does not contribute any fund as the PSC contractor (IOC) provides 100 per cent of the risk capital, as well as technical and manpower requirements.

However, the contractor recoups the investment outlay when it starts the export of crude oil.

But the grave danger in the Nigerian PSC is that the IOC is not refunded the exploration cost if oil is not found in a commercial quantity.

Dangers of funding shortages on JVs The inability of the country to meet the 4 million barrels per day production and 40 billion reserves targets in 2010 was largely caused by the funding challenges in the JVs. Apart from the declining JV production and its attendant negative effects on revenues, the funding constraints have also reduced the country’s competitiveness in the oil and gas business, as investors seek to take their money elsewhere.

As Nigeria’s competitiveness is being eroded, there is declining investment and employment opportunities, potentially increasing the risk of social disorder as evident in militancy, Boko Haram insurgency and other violent agitations.

The position of the IOCs shows that the cash call challenge has also led to declining fiscal buffers –foreign exchange, reserves and social safety net, in addition to increasing financial exposures, which manifested in the allegation of crude over-lifts, which is a subject of litigation before the courts.

Industry statistics indicate that in 2005, Nigeria’s crude oil production averaged 2.5 million barrels per day and the JVs accounted for 2 million barrels per day.

However, by 2016, funding challenge has forced the JV production to drop by over 50 per cent to less than one million barrels per day.

At the same period, PSC production has grown by over 500 per cent due to non-involvement of government in the funding.

It is estimated that Nigeria should have been producing between 500,000 barrels per day and one million barrels per day more than it is

Buhari currently producing from the JVs if the NNPC was paying its cash calls.

By January 1, 2016, the cash call arrears was $5.5 billion and by May 2016, it grew by additional $400 million, according to the NNPC. THISDAY gathered that even if the government pays NNPC’s cash calls under this current inadequate funding level, JV production will still decline by 200,000 barrels per day by 2020 But the federal government has not even been paying NNPC’s cash calls, thus leading to the accumulation of the arrears to about $7 billion.

It has also been argued that if the arrears continue to accumulate at this rate, the country will lose 400,000 barrels per day from the JVs by 2020 and 700,000 barrels per day by 2025.

THISDAY’s investigation also revealed that apart from the outright failure of the NNPC to pay its cash call, the corporation has also delayed the budget of the JVs with none of the IOCs being privy to the budget until half of the year has gone.

This budget delay, it was learnt, is contrary to the provision of the Joint Operating Agreement (JOA), which stipulates that by October of the prior year, all the parties in the JVs should have agreed on the budget, which they will sign by December, prior to the beginning of the year.

The budget delay has no doubt impacted negatively in the execution of business plans, which also accelerated the astronomical decline in JV production.

According to industry statistics, Nigeria’s JVs are crippled by cash call arrears; about $3 billion funding shortfall yearly; mutual mistrust between the IOCs and the government; $10 billion dispute before the courts; contracts not being respected; multiple taxes; security concerns; and long contracting cycle.

Government’s take Despite NNPC’s inability to meet its financial obligations to the JVs, the JVs have remained the most profitable to the government.

Though the federal government, through the NNPC has 55 per cent or 60 per cent stake in the JVs, government’s earnings are not largely determined by the amount of equity in the JVs but is derived from taxes and levies.

THISDAY gathered that after deducting the expenses/NNPC’s indebtedness, the IOCs pays 85 per cent of the profit from the JVs as tax.

Kachikwu Apart from the Company Income Tax (CITA) paid by companies, the IOCs also pay other taxes and levies, thus increasing government’s earnings, irrespective of the amount of equity held by the NNPC. Some of the levies include: Niger Delta Development Commission (NDDC); Nigerian Maritime Administration and Safety Agency (NIMASA) levy; Education Levy/tax; Nigerian Content Development Fund (NCDF) levy; Maritime Logistics Cabotage; Coastal and Inland Cabotage; Vessel and PersonalCabotage; Cargo Fees; Air Traffic Control Fees; Pilotage; Offshore Safety Permit; and various tariffs for radioactive equipment.

Other payments include: Oil Mining Lease (OML) rentals; gas penalty fees; NESS fees; EIA registration; royalties and PPT. After the addition of the levies and taxes applicable to JVs, government takes over 90 per cent of the profit and this is independent of NNPC’s 55 per cent or 60 per cent stake in the JVs. Therefore, the revenues the federal government derives from the current JVs are not largely dependent on the NNPC’s equity, unlike in incorporated JVs where government’s share of dividends will be according to the proportion of NNPC’s equity.

Sale of stake as panacea Nigeria will potentially face the Venezuelan experience if the current trend in the JV business continues in the next couple of years.

To wriggle out of the current funding challenges in the JVs, the federal government should reduce NNPC’s exposure in the business by taking several deliberate and systematic measures in the medium and long terms. For medium term, government can privatise the NNPC, sell equity or issue JV bonds.

In the long term, the federal government can also convert some of the JVs to PSCs, commercialise NNPC or incorporate the JVs, thus removing them from the national asset, so that the corporation can keep its own revenue and pay dividend to the federal government.

However, with the current economic recession in the country where external reserves have been depleted and the value of the naira at an all-time low, the country is in dire need of capital to finance the 2016 budget, especially with the dwindling oil revenues.

It is therefore imperative that the sale of

part of NNPC’s stake in the JVs should be the most plausible option.

For instance, despite having $582 billion in foreign exchange reserves, which can enable it to weather a few more years of low prices, Saudi Arabia is planning to divest a stake in the country’s state oil company, Aramco, which is NNPC’s equivalent.

Also apart from planning to sell five per cent stake in Aramco to generate about $120 billion, the kingdom is also planning to tap the bond market late this year to raise funds.

Multiple sources within Shell, ExxonMobil, Chevron, Total and Nigerian Agip Oil Company (NAOC) had told THISDAY that the sale of NNPC’s stake in the JVs to the IOCs would free the government from the challenges and boost production.

The last time the federal government sold NNPC’s stake to a JV partner was in 1993, when the JV partners signed the sixth participation agreement that reduced NNPC’s stake from 60 per cent in the third equity participation agreement to 55 per cent.

One of the sources had told THISDAY that the partners would insist on acquiring the assets to reduce their exposure to the NNPC in the areas of the corporation’s persistent failure to meet its cash call obligations in the joint ventures.

“NNPC has 55 per cent stake in the JVs but cannot provide 55 per cent of the cash calls. This exposes the IOCs to financial risks of sourcing for funds to meet the JV obligations.

If NNPC sells part of its stake to the IOCs, the risk faced by the IOCs will reduce,” he said.

To increase its participation in the oil and gas business, the federal government had in April 1973 acquired 35 per cent shares in the oil companies operating in the country.

By 1974, the second participation agreement, which increased government’s stake to 55 per cent, was signed. In 1979, the third equity participation agreement was signed, retaining government’s equity in the joint ventures to 60 per cent.

However, a fifth participation agreement in 1989 retained NNPC’s stake in the JV at 60 per cent, with Shell controlling 30 per cent, while Elf and Agip took five per cent each.

But in 1993, the joint venture partners also signed the sixth participation agreement reducing NNPC’s stake to 55per cent in 1993, with Elf, acquiring the five per cent offloaded by the NNPC.

24

T H I S D AY • TUESDAY, OCTOBER 18, 2016

BUSINESSWORLD

ENERGY

Barkindo: Prospects for Crude Oil Producers Still Looks Bleak in 2017 The Secretary General of the Organisation of the Petroleum Exporting Countries, Alhaji Mohammad Sanusi Barkindo, in an interview at the IMF/World Bank annual meetings in Washington D.C, spoke about the effect two years of depressed oil prices have had on producers. He also spoke on other issues in the industry. Chika AmanzeNwachuku and Obinna Chima present the excerpts: What has been your experience at the meetings?

This is my first meeting, I must confess that I’m very impressed not only with the conduct, but with the issues discussed, and we at the Organisation of the Petroleum Exporting Countries (OPEC) also submitted our statement, bringing the group up to recent short term development, including the outcome of our last conference in Algiers, and the immediate prospect. The Algiers meeting was very positive, not only for Nigeria, but for the entire group, and if you recall, Nigeria, with the Islamic Republic of Iran, and Libya, are being considered as countries undergoing certain special circumstances, as unfortunate as they are, therefore, should not be treated along with the with the other 11 members. So like I explained in earlier, at Algiers, we were able to avert a further price slump, after Algiers, as was widely expected by the markets. If you recall, before we went to Algiers, the expectations was that it was going to be another Doha, but thank God we have not witnessed that. Infact, since Algiers, we have seen prices, rebounding by almost seven percent, which is very significant, and the momentum is on the upside. Every organisation particularly intergovernmental organisations have been struggling, doing their best to adapt to the fundamental changes most of which have been sweeping, not only the oil and gas, but the global economy generally.

With the low oil prices, the shale oil production among others, were signals that people expected OPEC members to take steps to ensure member countries don’t experience the severe impact of the drop in crude oil prices. Why did it take that long to reach an agreement by members? To put it in proper and global perspective, when the last bull run of prices saw crude prices rose over $120 per barrel and as at July 2014, some of our crude streams had hit over $140 per barrel. In conventional economics, it was just a matter of time for correction in the market. But what most focused agencies, including OPEC failed to take correctly, was the length of time it was going to take for this correction and for the market to re-balance. This is perhaps the longest cycle that we have seen in recent times. It is taking us now into the third year of this correction, with the rebalancing target being put forward. So, it is not only OPEC that missed the target, but most other agencies including the IMF and World Bank.

You have had in the last two days of extensive consultations and discussions at the ongoing annual meetings that some of these models were found wanting. Nobody expected that this cycle would last this long and the severe consequences of the huge revenues that we have lost. OPEC member countries alone, in the last two years have lost over N1trillion in terms of revenue. In terms of investment into this industry, we have seen contraction of about 26 per cent in 2015 and in this year, so far we are projecting a further contraction of 22 per cent. As I have just mentioned in plenary, the prospect for 2017 is also still looking bleak.

So, for the first time in recent memory, we are not only having three consecutive years of depressed oil prices, but we are also seeing contraction in capital investments, particularly in the upstream for three consecutive years.

Now, this is a very serious development that is threatening future supply to the global community with its consequences on the fragile economies as you have heard from the IMF. Given this gloomy picture, what do you think member nations should be doing, especially for a country like Nigeria?

We are just coming out of our last meeting

Do you envisage an increase in prices in a matter of months, years, or is it a hopeless situation?

Since Algiers, since the 28th of September, prices have risen by over eight percent, across the board; you can see that the two benchmarks across both WTI and Brent have attained over $50 a barrel. We remain cautiously optimistic that this trend will continue, bringing forward the rebalancing process with firmer prices. That is not only in the interest of OPEC or producing countries, but as well as consumers, as you have heard from the IMF itself.

What is the position of Nigeria on the output cut?

OPEC will like to see Nigeria attain its potential again. Nigeria has a very much higher level of production capacity than what it is doing at the moment, so also is Libya, to a large extent, Iran. We look forward to these three countries recovering their potential to come back into the international market, so that we would move forward holistically.

Barkindo in Algiers which took place on the 28th of September, where OPEC took a very proactive and timely decision to agree on a range of ceiling of 32.5 million barrels a day to 33 million barrels a day production for the OPEC 14. That was the first time that OPEC took such a decision since 2008. The objective of this decision was to restore stability in the market and to address the issue of high inventories that is depressing prices. Don’t forget that this cycle is driven by supply. We have seen growth in supply both from OPEC and non-OPEC because of the shale revolution in the United States and North America. We have seen supply growth from non OPEC members, to the tune of nearly eight million barrels per day. So, the market became saturated. Although demand is robust, inventory started rising to unprecedented levels.

At the moment the stocks both offshore and onshore floating storage of three billion barrels of crude. Now, the decision at Algiers was aimed at stimulating further stocks drop down on a sustained basis and we have seen now that for almost five week, continuous stock drop down in the United States which is the biggest market. The sum total of that hopefully would bring forward the rebalancing of the market so that we would be able to achieve some form of equilibrium in prices with impact on revenues to member countries, especially our country Nigeria that has suffered both from low prices as well as low production.

You talked about Nigeria and two other countries being given preferential treatment.

What kind of preference do you mean by that?

The decision that we took in Algiers took into account the special but unfortunate circumstances of three of our member countries, Nigeria, Libya,

and the Islamic Republic of Iran. Nigeria had been suffering from the impact of low prices, as well as the impact of low production because of the communal disturbances in the producing areas.

We have lost on the average, about 700,000 barrels per day in production. So also is Libya, Libya has lost over 1.3 million barrels a day as a result of similar and even more serious social and political unrest in the country.

Iran is just emerging from sanctions, during which production suffered significantly. In the interest of the whole organisation, ministers decided in Algiers to take into account these special circumstances when it comes to the implementation of the production position we must take.

We are going to get out of this cycle; what is unique about this cycle is that it has brought convergence of views from the producers as well as consumers

For the first time in eight years, you helped reach an output cut, was it part of your plan?

Every member country of OPEC has its own sovereign national interest and objectives to achieve, but bound together by the spirit and letter of this organisation. Despite what you may perceive to be differences, when they come around the table, they have one common interest and that is what drove them into reaching this decision.

Nevertheless, as you know very well, extensive consultations have been taking place since the last attempt in Doha in April, before I was even elected. Attempts were made in Doha I (January, February) and Doha II (April). Since then, these consultations have continued, I myself have visited several of these member countries. I have been to Saudi Arabia, I have met the King, I went to Iran, I met with President Hassan Rouhani. I was in Qatar, I met with the prime minister. All our ministers are engaged in these extensive consultations, and this will continue next week in Istanbul, when we met at the World energy conference.

Since your appointment, can you share your experience and your projection, going forward?

We remain optimistic; the industry has always moved in cycles. We have seen in recent times; this is probably the sixth cycle. We are going to get out of this cycle; what is unique about this cycle is that it has brought convergence of views from the producers as well as consumers. In the last two days (last Wednesday and Thursday), we have had delegates here, and governors of central banks, very concerned with the fragile nature of the economic recovery. Madam Lagarde had made a very holistic and very realistic assessment of the global economy; too low growth for too long, and benefiting very few, which I replied to her this morning that this is holistic because it also applies to oil.

This cycle has taken too long because we all thought that it was going to be for a short period of time, but we are now moving into the third year of low oil prices with all the consequences.

Now you can see that there is a convergence, both the producers and the consumers are moving towards one direction. There is more pressure from the consuming nations, that OPEC should take action in order to restore stability and balance in the market, in the interest of both producers and consumers. I remain optimistic that we would together achieve this global objective.

LAW REPORT/3

Employer Can Terminate Appointment for Good Reason or No Reason

W

here a reason is given for the termination, then that reason must justify the termination. In this appeal, the Court of Appeal held that a reason was given for the termination, being the ongoing reorganisation of the 1st Respondent.

FACTS The Appellant was employed by the Federal Ministry of Aviation and worked with the 1st Respondent for some years when his employment was determined pursuant to reorganisation. He felt aggrieved by the said action and instituted a claim against the Respondents, claiming, amongst other things: a declaration that the purported termination of employment was not done or purported to be done under the Nigerian Airspace Management Agency (NAMA) Act, NAMA staff conditions of service or any law applicable to the appellant’s contract of employment and is therefore unlawful, irregular and wrongful.

The issues for determination raised in the Appellant’s brief of argument and subsequently adopted for resolution in this appeal were as follows: 1. Whether the Appellant's employment was terminated in accordance with the conditions of service of the 1st Respondent, if not whether the Appellant is entitled to his pension, gratuities and other accrued entitlements and emoluments.

2. Whether from Exhibits A1 and A10, the Appellant was deployed to work in the 1st Respondent Agency, therefore whether the 2nd Respondent was the employer of the Appellant 3. Whether upon the termination of the Appellant's appointment, the Appellant's office as Director Safety Services was abolished due to the ongoing reorganisation and restructuring of the 1st Respondent, and if so, whether the Appellant is entitled to 100% of his gratuity and pension as compensation for the abolishment of office 4. Whether the Appellant is entitled to first right to purchase the official quarters he resides in as envisaged by the monetisation policy 5. Whether the Appellant's employment with the 1st Respondent was clothed with statutory flavour, if so whether the Appellant is entitled to the payment of his salaries for the unexpired term of his employment On Issues 1 and 2, the Appellant submitted that he ought to have been paid salary in lieu of notice, since the termination took effect the same day he was served the letter of termination, and non- payment amounted to breach of the Appellant’s conditions of service which makes the appellant entitled to damages. The appellant’s counsel also submitted that the appellant’s employment was determined without recourse to the agreement creating the employment and as such, the termination is ineffectual, relying on the case of NEPA v ANGO (2001) 15 NWLR (Pt 737) 627. Regarding issue 2, the appellant argued that based on the documentary evidence before the court, it was clear that the 1st Respondent and not the 2nd Respondent was the Appellant’s employer, because the Appellant’s ID card showed the identity of the 1st Respondent, he was paid by the 1st Respondent and his engagement with the 1st Respondent was described as permanent. In addition, any action carried out by the 2nd Respondent had been implemented by the 1st Respondent and have become acts of the 1st Respondent, estopping the 1st Respondent from dissociating itself from the acts of the 2nd Respondent (OYEROGBA v OLAOPA (1998) 2 SCNJ 115, YUSUF v DADA (1990) 4 NSCC 124, UNIVERSITY OF ILORIN v ADESINA (2009) FWLR (PT 487) 56. This made the Appellant a bonafide employee of the 1st Respondent.

On the other hand, the 1st Respondent was of the view that even though an employer is entitled to terminate his employee’s appointment for any reason or for no reason, the 1st Respondent in the interest of justice, informed the Appellant of its reason for termination. In addition, the 1st Respondent submitted that based on Clause 3.20 of the Conditions of Service, the appointment was terminated in the best interest of the 1st Respondent and the 1st Respondent was in order to have done so. The 1st Respondent further iterated that the 1st Respondent cannot be held liable for the termination of the Appellant’s appointment as the 1st Respondent merely acted on the directive of its principal, the 2nd Respondent, via a letter of appointment. Thus, the trial court was right in holding that the Appellant was deployed to work with the 1st Respondent by the 2nd Respondent and that the 2nd Respondent is the ultimate employer of the Appellant, citing LAYADE v PANALPINA WORLD TRANSPORT (NIG) LTD (1996) 6 NWLR (PT 456) 544.

On Issue 3, the Appellant argued that he was entitled to be paid his gratuity and pension, in line with the Appellant’s conditions of service. Relying on the case of NITEL PLC v AKWA (2006) 2 NWLR (PT. 964) 391, the Appellant submitted that where an employer chooses to terminate its employee's employment, the reasons for the termination must be established and justifiable. Moreover, the Appellant contended that his employment was abolished due to the restructuring of the Aviation industry and that he is entitled to compensation

can only be on grounds of gross misconduct. However, the 1st Respondent submitted that the failure of the Appellant to plead facts, put forward credible evidence and raise the issue of statutory flavour of appointment before the trial court, has stultified same (AJIKAWO v ANSALDO (1991) 2 NWLR (PT 173) 359).

Y.B Nimpar, JCA

In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Wednesday the 8th Day of July, 2016 Before Their Lordships Uzo I. Ndukwe-Anyanwu Tijani Abubakar Yargata Byenchit Nimpar Justices, Court of Appeal CA/L/318/2013 Between Engr Godfrey Eze .... Appellant And 1. Nigerian Airspace Management Agency 2. Federal Ministry of Aviation 3. Attorney-General of the Federation ....Respondents (Judgment Delivered by Yargata Byenchit Nimpar, JCA)

for the abolishment of his office tantamount to premature retirement. However, the 1st Respondent submitted that while the condition of service recognises condonement of service, the provision is subject to various Pensions Acts. The 1st Respondent maintained that when the Appellant merged his services, his entitlement had been calculated and a total sum of N1,562,294 had been paid into the Appellant's account in accordance with the conditions of service. Moreover the condition precedent to a premature retirement did not arise.

On Issue 4, the Appellant submitted that, based on the public service rules, extant government circulars and regulations and as admitted by the 1st Respondent through its witness under cross examination, the 1st Respondent is bound by the monetisation policy of the Federal Government which gives an officer in current occupation of an official accommodation, the first option to purchase the house, subject however to the price of the highest bidder. Furthermore, the Appellant submitted that the only defence raised by the 1st Respondent that the policy excludes operational quarters and vehicles like that of the Appellant, is not tenable because there was no evidence produced to support the assertion. The Appellant therefore urged the Court to set aside the decision of the trial court that, the selling of the official quarters of the Appellant did not arise. In response, the 1st Respondent submitted that pursuant to the conditions of service, the Appellant had only three (3) months to occupy his official quarters after termination from office, yet he went ahead to occupy the premises four (4) years after the termination of his employment. That the argument of the Appellant that he has the right of first purchase is flawed, because the premises was never put up for sale and that the Appellant is not entitled to an alternative relief because the office which the Appellant occupied before the termination of his appointment has not been abolished.

On Issue 5, the Appellant argued that his appointment enjoyed statutory flavour and his employment was regulated by conditions of service made pursuant to a statute, relying on OLORUNTOBA - OJU & ORS v ABDUL-RAHEEM & ORS (2009) ALL FWLR (PT 497) 1, PHCN v OFFOELO (2012) 12 SCNJ 355. He further contended that termination

Court's Judgement and Rationale On Issues 1 and 2, the Court held that, a claimant has the primary duty of placing before the court the terms and conditions of his contract of employment (KATTO v CBN (1999) 6 NWLR (Pt. 607) 390). The trial court found that, the Appellant by his pleadings and evidence-in-chief and cross- examination did not deny that the 2nd Respondent employed him and terminated his appointment. From whichever evidence it is considered, the disengagement notice required is one month's notice or the payment of one month's salary in lieu of notice. The trial judge found that the 2nd Respondent terminated the employment and of course, the termination letter emanated from the 2nd Respondent while the 1st Respondent which was its agency, made the payment in lieu of notice. This fact was admitted by the Appellant. The Appellant was only entitled to one month's salary in lieu of the notice but since it was not paid on the same day, the 1st Respondent paid 3 months’ salary which took care of the 2 months lapse before payment. The Court therefore, held that, the 1st Respondent had satisfied the legal requirements on that issue and the termination of employment did not breach the terms of employment, consequently, making it lawful. On the question of who an employer is, no definite test has been formulated by the Courts over the years, that is a complete answer for determining the employment status of an employee – the issue is one of fact and not of law (NGUN v MOBIL PRODUCING NIGERIA UNLIMITED (2013) LPELR - 20197(CA)). From the facts of this case, the 2nd Respondent (who also wrote the termination letter) is the employer because the Appellant obeyed the directive to work under the 1st Respondent. The Court stated further that the right to hire and fire resides in an employer, which has been affirmed by a long line of authorities including ISIEVWORE V NEPA (2002)LPELR –1555 (SC). Issues 1 and 2 were therefore resolved against the Appellant.

On Issue 3, the Court held that, an employer can terminate an appointment for good reason or no reason at all (see IDONIBOYE - OBU v N.N.P.C (2003) LPELR - 1426 (SC)).

Where a reason is given for the termination, then that reason must justify the termination. In the instant case, a reason was given for the termination, being the ongoing reorganisation of the 1st Respondent and the Appellant by his evidence admitted the reorganisation, which abolished his office. The basis of argument here is the claim for compensation due to the termination, as the law requires an employer to justify the termination, where reason is given. The clause relied on by the Appellant recommended the level of compensation, but the key word there is, where the employee is called upon to retire. Nevertheless, in this case, the Appellant was not called upon to retire but was terminated and there is a difference between retirement and termination. Hence, the Appellant was not entitled to compensation because his employment was terminated and he was not retired. Issue 3 was also resolved against the Appellant.

On Issue 4, the Court held that, the policy did not state that the house would be offered at the point when an officer's employment is terminated. The houses available were offered to serving officers not terminated officers and specifically done at a particular period of time. Thus, the Appellant does not have the right to purchase any house and he did not produce any document to show that the particular house was offered for purchase. His right as a terminated officer rested with the payment in lieu of notice, which was the measure of damages available to him. Issue 4 was therefore resolved against the appellant.

On Issue 5, where the terms and conditions of a contract of employment or service are specially provided for by statute or regulations made under, it is said to be a contract protected by statute or in other words an employment with statutory flavour. Employment with statutory backing must be terminated in the way and manner prescribed by the relevant statute and any other manner of termination inconsistent therewith, is null and void and of no effect. There must be strict adherence to the procedure laid down in the statute (see BAMGBOYE v UNIVERSITY OF ILORIN (1999) 10 NWLR (PT. 622) 290). There is nothing in the Appellant’s appointment letter showing the necessary ingredients for it to be classified as an appointment that has statutory flavour.

The appeal was therefore dismissed.

REPRESENTATION For Appellant: Absent For Respondent: Odwolowu, O.I., Anionwu Onyeka J. Reported by Oladimeji Sofowora, Aluko & Oyebode, Lagos

4/NEWS

18.10.2016

Law Professor Asks Buhari to Pay Attention to Justice Sector Reform Tobi Soniyi in Abuja

L-R: Chairman, NBA Lagos Branch, Mr. Martin Ogunleye, Retired Supreme Court Justice, Hon. Justice George Oguntade and Chief Joe-Kyari Gadzama SAN at a two-day parley organised by NBA, Lagos Branch as part of activities of its Law Week which held at the MUSON Centre, Lagos

CJN Says Collaboration Between Justice, Finance Sectors Key to Ending Nigeria’s Recession Tobi Soniyi in Abuja

The Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed, has said that, the myriad of economic challenges facing Nigeria, calls for greater collaboration between the justice and finance sectors.

The CJN, who spoke at a sensitisation seminar organised for high court judges by the Nigeria Deposit Insurance Corporation, NDIC, in conjunction with the National Judicial Institute, NJI,

said that, there was a need for those in the banking industry to have a better understanding of the processes of court and options open to them, for the resolution of disputes.

He said: "The judiciary, as the arbiter and symbol of justice, must not only remain blind to status, personality and origin, but must dispense justice in a manner that is fair, transparent and expeditious."

"This requires the deployment of the skills and knowledge

developed here, so that same can be used to aid the quality of our judicial reasoning. As the last hope of the common man, it behoves on us to ensure that the understanding garnered here, is put to good use in our courts as you face multifaceted disputes."

"Similarly, I call on our friends in the Banking Industry, to develop a better understanding of the processes of the court and the options open to them for the resolution of disputes. I daresay

that the Judiciary is developing a multi-track justice delivery system that embraces Alternative Dispute Resolution (ADR) and enables disputes to be resolved speedily and amicably."

"This multi-track system, is underpinned by a drive towards the automation of our courts and its processes, thereby further improving the capacity and capability of our Judges to deliver the justice that Nigerian citizens clearly deserve."

‘Why Judiciary must be Autonomous’ Akinwale Akintunde Unless the judiciary is given its pride of place in Nigeria, the country’s development may remain stagnated.

This was the resolution of stakeholders including jurists and senior lawyers at a two-day parley organised by Nigerian Bar Association (NBA), Lagos Branch as part of activities of its Law Week which held at the MUSON Centre, Lagos.

The legal titans who spoke at the event decried poor funding of the judiciary and harassment of judicial officers, warning that this may spell doom for the justice sector.

In his Chairman's opening remarks, retired Supreme Court Justice George Oguntade (CFR), painted a gloomy picture of the travails of the average judicial officer, when he narrated his predicament while on the Bench.

Oguntade said that judges who dared to pronounce against the Executive arm of government, were often marked as targets for harassment or denial of perquisites of office.

While urging such judges not to relent, he added, "One of the noble virtues of a judge is courage. Your conscience must at times be your key compass.

Judicial independence must not be sacrificed on the altar of pecuniary benefits".

The keynote speaker, Dr. Olisa

Agbakoba SAN, noted that the judiciary has been under siege from the Executive arm.

He was particularly irked that the official courtesies being extended to the Executive by the Judiciary, had not been reciprocated, adding that the Executive had not shown any willingness for a paradigm shift in its relations with the Judiciary.

He cited gross under-funding of the judiciary as yet another sign that the Executive arm is paying lip-service to its commitment to reform the justice sector.

On his part, Chief Joe-Kyari Gadzama SAN said that while judicial autonomy could not be divorced from adequate remuneration for judicial officers, the NBA must rise to the challenge of fighting for judicial independence.

He decried poor funding of the judiciary, adding that while judges cannot speak for themselves, the NBA must fill this gap by spearheading the quest for judicial autonomy.

Chief Emeka Ngige SAN decried the poor state of judges’ remuneration. He stated that only a few judges could boast of a roof over their heads after retirement, and canvassed for the appointment of ad-hoc judges to assist in decongesting the courts and fast-tracking justice delivery.

Speaking on "Judiciary in an Emerging Economy, Challenges

and Prospects,” Dr. Wale Babalakin SAN also expressed concern over the poor remuneration of judicial officers.

According to him, the status of the judiciary had declined over the years, adding that “where we are now is a melancholic decadence of a great institution.”

He also decried the loss of values and lack of innovative ways of tackling issues prevalent within the judiciary.

“There have been no improvements; we still have unthinking responses to severe problems.

Have you related the solution to the problem?”, he asked.

Babalakin warned that Nigeria’s judiciary would remain the same, until efforts are made to attract the best individuals to the Bench.

“Our court system will work better when judges have more superior intellect than even the best lawyers” he said, adding that a new method has to be found for the composition of the National Judicial Council.

While Mr. Norrison Quakers SAN and Mr. Chijioke Okoli SAN harped on the need for meaningful judicial reform, Mr. Kemi Balogun SAN advised that lawyers who deliberately abuse the judicial process by employing delay tactics should have their practice licences withdrawn.

Balogun, who also doubled as Chairman of the 2016 Law Week Committee, said that the theme of the Law Week “is especially

germane in light of perceived assault on judicial independence and the deleterious impact such anomaly may have on our nascent democracy.”

Speaking on “Financial Due Diligence and Anti-Bribery Laws,” Professor Bolaji Owasanoye, Executive Secretary, Presidential Advisory Committee against Corruption, noted that while the NBA successfully challenged the SCUML as well as the Anti-Money Laundering CFT Regulations for Designated Non-Financial Businesses and Professions in Nigeria of 2013, in a case filed against the AttorneyGeneral of the Federation and CBN, his “key point of concern” is “the efficacy and efficiency of the internal mechanisms of the NBA to discipline its members who infringe the hard and soft laws.”

On his part, NBA Lagos Branch Chairman, Mr. Martin Ogunleye urged lawyers to save judicial time by shunning delay tactics, adding that “we have to be creative and understand our position in the current economic milieu".

Other topics tackled within the ambit of the theme include, Emerging Trends in Copyright, Computer Software and Trademarks; Mergers, Acquisitions and Strategic Alliances: The Role of a Lawyer; The Cult of a Judge:

CONTINUED ON PAGE 5

A Professor of Law and President of the Centre for Socio-Legal Studies (CSS), Prof.

Yemi Akinseye-George, SAN, has called on President Muhammadu Buhari to pay more attention to the justice sector, for his efforts to bring investors into the country to yield positive results.

Akinseye-George, who made the call in Abuja, at a meeting to review the Draft Strategy for Effective Implementation of the Administration of Criminal Justice Act, warned that unless the government paid closer attention to the justice sector, the economy would not be able to attract the much desired investments from local and foreign sources.

"Without confidence in the justice system, investors would not bring in their resources," he added.

He commended the Federal Government for the approval to buy 350 operational vehicles for the Nigerian Prisons Service, describing the move as a step in the right direction.

He advised government to increase the allocation to the justice sector in the 2017 budget.

According to him, the

implementation of the ACJ Act requires a conscious and deliberate planning, and allocation of resources for training of prosecutors, providing modern technological facilities for the courts, payment of witness expenses, among others.

He urged government to replicate the success it has recorded in the fight against terrorism, in the justice sector by strengthening courts, prosecutors and law enforcement agencies.

He said there was a need for a better understanding and application of the innovative provisions of the Act. Akinseye-George commended the media for supporting the enactment of the ACJ Act, and called on called on journalists to keep monitoring the implementation of the Act. He said: "Judges must be proactive in giving a purposeful interpretation to the provisions of the Act. The prosecuting agencies, must be better equipped to make more efficient use of the law. The press on its part, must continue to monitor and ensure that the Act is being properly applied, to improve criminal justice administration in the country."

Lagos Assures Citizens of Protection of Rights Akinwale Akintunde The Lagos State Government has restated its commitment in ensuring that all citizens of the state have access to justice, in line with the policy of the present administration.

The Solicitor-General and Permanent Secretary, Ministry of Justice, Mrs. Funlola Odunlami, gave this assurance at the One day workshop organised by the Public Advice Centre (PAC), held last week.

Mrs. Odunlami said that the government has always taken the lead in legislation and law reform initiatives, to better the lives of residents.

She said the workshop, themed “The Role of Public Advice Centre (PAC) in Contemporary Lagos”, is aimed at enlightening members of the public on the roles of the Centre and ensuring that residents of the State make use of the services of the Centre.

Mrs. Odunlami informed participants that, PAC, as a unit in the Ministry of Justice, was established to give free legal advice, independent information to residents of the State on series of issues, adding that the Centre also assists in referring the users to other appropriate Government and key non-governmental agencies, to deal with respective issues brought to them.

The Solicitor-General therefore, appealed to the general public, to take full advantage of the good gesture of the services provided by the centre.

Speaking on 'Advising the Public in a Season of Shock', Mr. Joseph Oteh, Director, Access to Justice, decried lack of strategic plan in the judiciary, adding that any Judiciary that wants to be effective, must have a strategic plan.

Making reference to the recent raid on the houses of judges by the Departments of State Security (DSS), Oteh said that the judiciary is

not just a major factor why there is lost confidence in the court, but it also allows corruption.

"What happened last weekend has opened a new vista and things will no longer be the same. I think this will change the face of the administration of justice in Nigeria", he noted.

He decried the delays in the courtroom, which he said are man-made and can be avoided, adding that getting into court is not the problem, but getting out of court.

Oteh however commended the Lagos State Government for its initiative of always showing Nigeria how it should go on administration of justice.

He said the establishment of PAC is another landmark, pace setting achievement by Lagos State and urged other states to emulate the giant stride that will afford the citizens easy access to justice.

In his paper, Professor Bolaji Owasanoye, Executive Secretary, Presidential Advisory Committee against Corruption, called for the decentralisation of the agency as is the case with Citizens’ Mediation Centre.

Owasanoye, who was represented at the event by Mrs. Sola Odulana, stressed the need to open offices in various LG areas to ensure members of the public have access to the Centre’s services.

Professor Oludayo Amokaiye, in his contributions said that in order to make the Centre better, proactive and responsive, the State Government needs to continuously strengthen the capacity of the Centre in terms of qualified personnel and infrastructure, to sustain the activities of the Centre.

He said that, this will make the quality of service delivery to the general public beneficial, efficient and cost-effective.

18.10.2016

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THISDAY LAWYER, Shola Soyele, Theodora Kio-Lawson Win at Nigerian Legal Awards Jude Igbanoi

Aluko & Oyebode, Templars Barristers and Solicitors, Jackson, Etti & Edu and other notable law firms have emerged winners at the 2016 ESQ Nigerian Legal Awards (NLA) held at the weekend in Lagos.

Aluko & Oyebode displaced last year’s winner Templars to win the Law Firm of the Year award and also won the Telecommunications Team of the Year category.

Mrs. Justina Lewa, General Counsel and Company Secretary Sterling Bank Plc, won the General Counsel of the Year award.

Publisher of ESQ Legal Practice Magazine and convener of the NLA, Mr. Lere Fashola, described the awards as, having a history of “transparency, credibility and openness in celebrating excellence and professionalism in the Nigerian legal space.”

He said: “A lot of effort is made yearly, to ensure that the processes that produce winners for each category of the Nigerian Legal Awards is, without compromise, open, transparent and clear.

“The Nigerian Legal Awards, besides the new initiatives of the Forty Under Forty, Regional Law Firm, and outstanding young professionals, continues to recognise the invaluable contribution of corporate counsel and lawyers in private practice to business growth.”

Channels TV won in two categories including the company's judiciary, Shola Soyele winning the

Media Personality Award. THISDAY LAWYER was the winner in the Print Media category and the award was received by its Deputy Editor, Mr. Jude Igbanoi.

Templars retained its elite position by winning in four categories: Mergers and Acquisition, Energy and Power, Oil and Gas and Project Finance Team of the Year.

Jackson, Etti & Edu won the Private Equity, Intellectual Property and Real Estate Team of the Year awards.

Other winners in the law firm category were G. Elias as Banking and Finance Team of the Year, Banwo & Ighodalo as Capital Market Team of the Year, SPA Ajibade as Dispute Resolution Team of the Year, while Royal Heritage won the Labour and Employment Team of the Year.

Yusuf Ali & Co (North Central) and Compos Mentis, (South South) were winners of the Regional Law Firm category.

Winning legal Teams of the Year in the Corporate Counsel category include Zenith Bank for Banking and Finance, Axa-Mansard Insurance for Insurance, Nigerian Stock Exchange for Capital Market/Investment and Unilever Plc for Manufacturing.

Others were Oando Plc for Oil and Gas, MTN Nigeria Communications Limited for Telecommunications, Interswitch for Information Technology while Nigerian Bulk Electricity Trading Plc won Energy Team of the Year.

In another category, seven lawyers won the

‘WHY JUDICIARY MUST BE AUTONOMOUS’ Judicial Accountability in a Democratic Modern Society; Admissibility of Electronic Evidence: Matters Arising; Port Regulations and Infrastructure in Nigeria; Business Development in a changing Legal Market; Combating Money Laundering: The Roles of Lawyers and the Judiciary (Bar/Bench Forum), and Is Advocacy Training an important

Deputy Law Editor, THISDAY Newspapers, Mr. Jude Igbanoi (left) receiving the award for Law Media Outfit of the Year from Mr. Femi Olubanwo of Banwo and Ighodalo and Company, during the Nigeia Legal Award 2016 in Victoria Island, Lagos.

Outstanding Young Professional award, while 40 others were recipients of the 40 under 40 awards.

Lifetime Achievement Awards were won by Mr. Bayo Ojo SAN, former Attorney-General and Minister of Justice, Mr. Augustine Alegeh SAN, immediate past President of the Nigerian Bar Association (NBA) and Mr. Asue Ighodalo,

Partner, Banwo & Ighodalo.

Business Icon of the Year was conferred on Mr. Yemi Adeola, Managing Director/Chief Executive Officer, Sterling Bank Plc while Justice Emmanuel Ayoola Rtd former Chairman, Independent Corrupt Practices and Other Related Offences Commission (ICPC) was the Legal Icon of the Year.

CONTINUED FROM PAGE 4

Part of a Young Lawyer’s Development? (Young Lawyers Forum).

The Mock Arbitration Clinic was anchored by respected Arbitrator, Mrs. Doyin Rhodes-Vivour, in collaboration with the Chartered Institute of Arbitrators (UK) and the Lagos Court of Arbitration (LCA), while the N1.2 Billion fund

raising dinner for the building of a befitting Bar Centre/Secretariat (“NBA LAGOS HOUSE”) was spearheaded by lawyer cum business mogul, Chief Dewunmi Ogunsanya SAN. Other jurists and speakers at the event were Hon. Justice E. Adeniyi-Adeogo Adebajo, Hon. Justice Alaba Omolaye-Ajileye, Mr. Tayo

Oyetibo SAN, Mr. Kemi Pinheiro SAN, Mr. Osaro Eghobamien SAN, Mr. Jelili Abiodun Owonikoko SAN, Ms. Funke Aboyade SAN, Dr. Dapo Olanipekun SAN, Mrs. Funke Agbor SAN, Chief Tony Okoroji and former NBA Lagos Branch Chairman, Mr. Alex Muoka to name a few.

Legal Personality of the Week Daniel Daudu Makolo

‘Legal Practice is Rewarding to those Who Give their All’ My names are Daniel Daudu Makolo. I was born at Ukanukpoda in Ofu L.G.A. of Kogi State on 23rd April, 1966. I am a proud son of a farmer/ missionary/community leader; late Rev. Jacob Makolo Edime. He hailed from Ofejiji-ajekele-aga in Abocho; a Community indigenous to the Igala people of Kogi State. I was employed on Grade Level 07 by the Federal Government of Nigeria, and I have worked diligently at the Nigeria Immigration Service since the 14th December, 1987. I am a civic minded citizen who desires good government for my country, my people and my humble self. I will do and or join hands lawfully with persons desirous of a greater united, peaceful, prosperous Federal Democratic Republic of Nigeria under God, ruled by law. I am a holder of a Bachelor and Masters (LL.B, LL.M & BL) degrees in law from the University of Abuja and Nigerian Law School. I am enrolled as a Barrister and Solicitor of the Supreme Court of Nigeria.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

Studying law at the University of Abuja was a big challenge. Miss Victiria Olorunyomi, an NYSC member in our office at Uyo in Akwa Ibom State, drew me into studying law, by using her money to buy me the University Admission Forms and encouraged me, to ensure that I was admitted. Her reason was that, I am always reading and I have a vast knowledge on general issues. The challenge; I was from a humble background, though I was working. I also had some of my siblings, living with me in a one-room apartment in Uyo. Paying the school fees coupled with the upkeep of the rest of my family members back home. We were very young when we lost our parents. My admission was part-time, with the centre for distance learning in 1992. I graduated and went to law school. Good morning Abuja was my past time to meet weekend lectures. I missed many. I carried over the law of contract for many sessions, because I called the bluff of the lecturer taking the course; he was always overwhelming

Daniel Daudu Makolo

us with discouraging words. I replied him in class one day, predicting that I would eventually graduate and practice law with him in this country. I became well grounded in the law of contract till date, as a result. On the day of my Call to the Bar, I was struck with a strange illness; I was half conscious, and all I heard was “wear your wig”. I just managed to go for the dinner. Surprisingly, I recovered shortly after signing the register at the Supreme Court.

I see my presence in the law profession as a Divine calling.

What was your worst day as a lawyer?

In 2013, in a matter in which I was a plaintiff.

We lost our lawyer a week after winning the case.

We then had to carry on with the enforcement proceedings. I did not look at precedent books carefully, before sending my process to Court.

Hon. Justice Ibrahim Buba of the Federal High Court, Lagos asked me in open court, "Barrister Makolo, how long have you been into practice?"

He saw some elementary flaws in the process.

Knowing the circumstance I found myself, he politely corrected me. Following the hint of the Court, I quickly applied to withdraw the process. I subsequently re-filed the process properly, the following week.

Dr Stephen Achema, late Dr Daniel Abudu Iyaji and late Professor Francis Idachaba, using their knowledge to help people. The Gross family; The early American missionary that introduced education into Igala land via Christianity.

What was your most memorable experience?

The day I won a case against my organisation and 2 others for an unlawful act done to me. The Court agreed with my position. I challenged the wrong and won in court. The day I defended my Masters Degree Dissertation before Professor Popoola of the University of Ife, my External Examiner and other Professors of the Faculty of Law and Post-Graduate School.

I spent almost four hours on the hot seat, and when he announced that "I award you A+", I almost melted.

Why did you become a lawyer?

My person can’t stand impunity, injustice and deliberate oppression. As a child in school, I would team up to humble bullies in our midst, at all cost! Later people drummed it into my head; "can you see his lawyer sense?". "Do you know you can be a very good lawyer in life?" etc. As I grew up in life, I started picking up peoples fights successfully. I later realised, Legal activism is my calling. When it comes to issues of law, I forget food or anything else.

Who has been most influential in your life?

The story of Rosa Park, the life of late Chief Gani Fewehinmi SAN (SAM), the photograph of Dr Olisa Agbakoba SAN, being clubbed by some police men at Yaba Motor Park, the day he led a Two million man march to counter General Sani Abacha/ Daniel Kanu’s 1million man march in Abuja “begging” to transmute into civilian president. The Police could not stand Dr Agbakoba's guts. They beat him until blood started gushing out of his left eye, down there on the floor at the motor park, his shirt was bloody, but his spirit/belief in Democratic Republic of Nigeria was undaunted. Chief Wole Olanipekun SAN, because of his love, gaiety and passion for the legal profession. I pray to be like him, when I grow up. Chief Afe Babalola SAN’s simplicity and thoroughness in legal practice. President Buhari's coup comment in 1983, “We have no other country to call our own except this Nigeria and ours is diplomatic radicalism”. Prof Sani Adam, professor of law.

His approach to life and teaching of law, influenced my view of legal practice. Late

What would your advice be to anyone wanting a career in law?

I will advice such a person that, law and legal practice is rewarding to only those who give their all to it, diligently. And always willing to die for the law or what you believe the law can achieve in life. Remain consistent, focused and forthright, in no time “you will arrive”.

If you had not become a lawyer, what would you have chosen?

I will still be a teacher. Maybe a Village Doctor or Farmer/ hunter like my father.

Where do you see yourself in ten years?

I pray to, at least, earn the title of SAM - Senior Advocate of the Masses and become the foremost Constitutional/Environmental/ Migration Lawyer in Nigeria. Hoping, God gives me the capacity/ enablement to fight for constitutional democracy and to be able to use the knowledge of law to wipe out impunity/ maladministration on all fronts in the Nigerian society. I strongly believe that our problem in Nigeria is not corruption, but impunity/maladministration. If we wipe out impunity in all fronts from our society, corruption will disappear. So help us God.

6/

18.10.2016

Is ECOWAS Court Now the Last Hope of the Common Man? Tobi Soniyi in Abuja

T

he decision, or call it indiscretion by the Federal Government, not to obey the judgment of the ECOWAS Community ordering the release of former National Security Adviser, Col Sambo Dasuki (rtd) typifies one of the challenges the court has been grappling with: enforcement of its judgements.

The other challenge is funding, which itself is also not unrelated to the first problem. Because, member states don't often like the judgments emanating from the court, they don't fancy the idea of funding it?

Since the court does not have its own police or any law enforcement agency, it is at the mercy of member states for the enforcement of its judgments. Two weeks after the judgment ordering Dasuki's release, the best to come from the government is that the office of the Attorney-General of the Federation is still studying the judgment. If anything, the attitude of the government has shown, that those in authority don't learn from history.

Perhaps, when he was the NSA, Dasuki would not have obeyed a similar decision from the court.

It is his turn today, no one knows whose turn it will be tomorrow. What is however, certain, is that no one will be in government forever.

Now to the business of the day, despite these two challenges, the ECOWAS Court has steadily been pushing on. It continues to give hope to the vulnerable whose human rights, the national courts were either unwilling or unable to protect.

Again, let us go back to the Dasuki's case.

When a national court granted him bail, he was not allowed to enjoy the bail because he was

re-arrested by the Department of State Security Services. When he challenged his re-arrest, the Nigerian court held that the Economic and Financial Crimes Commission had complied with the bail granted, since it was not the commission that re-arrested him. As if the EFCC and the DSS are not both agencies of the Federal Republic of Nigeria, which is prosecuting Dasuki. That is what Justice Adesola Oguntade, a retired justice of the Supreme Court would have called, 'uncessary hair spilting.' A national court that is conscious of the need to protect the rights of an accused person, would have ordered the state apparatuses to put thier house in order, by agreeing with themselves which agency should prosecute and for what offence. Dasuki was left limbo. It took the ECOWAS Court to expose the hypocrisy of the national courts.

It is in the light of this that one must salute the courage of the ECOWAS Court judges for their

boldness in holding government accountable.

The court's determination to remain, as it has been in the past, a guarantor of human rights and safeguard against arbitrariness in the West African sub-region, is also a welcome assurance.

Speaking at the Ecowas Court's new legal year, the President of the Court, Justice Jerome Traore, promised to improve on the performance of the court.

While commending the court's staff for their commitment, he said: "In the course of this legal year, we must make a conscious and determined effort towards the efficient processing of what is known as 'expedited proceedings', so as to observe scrupulously the spirit and letter of such procedures."

Traore observed that, the indigent who are more likely to be victims of human rights violations, but lack the financial means to access the court, must be considered.

In this wise, he said, "In the course of the year, we will need to put in greater effort to bring the court closer to those whose right it is to seek justice before the court, for a great number of those who desire to bring their case before the court do not have lawyers or the financial means required to do so."

His Lordship therefore suggested the establishment of a legal aid fund for the court, so as to empower poor litigants to have access to the court. Today, many community citizens remain helpless, even though their rights have been violated because they lack the means to hire a lawyer to litigate their cases.

The ECOWAS court is indeed a blessing to the citizens of the sub region because it is not bogged down by the requirement of exhaustion of local remedies before coming to the court.

Besides, individuals have unfettered right to access the court.

"It would be regrettable, to say the least, if, for financial reasons, a community citizen should remain helpless when his rights are being abused," Justice Traore said.

In a goodwill message, the United Nations Resident Coordinator, Ad Interim, Ms Angele Dikongue-Atangana, reminded the judges of the court that, with the surge of insurgency, uneven socio-economic growth and development, forced displacement and gross violations of human rights in the sub-region, the expectations from the Court of Justice to effectively and judiciously interpret relevant international and regional instruments of law, was intensely high.

She said: "The court needs to adjudicate upon cases brought before it with dispatch, to assist in securing peaceful economic and justice space for the affected population, especially the vulnerable groups in society."

Many have no doubt that the court will ably rise to these challenges.

Nigerian Army Restates Commitment for Defence of Human Rights

Jude Igbanoi

The Nigerian Army has reaffirmed its commitment to the defence of human rights of all Nigerians, whether civilians or military.

The Chief of Army Staff, Lt General Tukur Buratai, stated this at the Annual Roundtable on the Administration of Military Justice System in Nigeria, at the Nigerian Army Resource Centre in Abuja last week.

The programme also featured a special session of the Nigerian Military Human Rights Dialogue.

An initiative of the National Human Rights Commission, the immediate objective of the dialogue according to the convener, former Attorney-General of Ekiti State, Mr. Olawale Fapohunda, was to provide a platform for interaction between the Nigerian Military, National Human Rights Commission, local and international Human Rights organisations. Fapohunda said in a statement "Specifically, the Military Human Rights Dialogue works to provide the Nigerian Military with the necessary tools that will facilitate the integration of human rights norms and standards into their codes, educational system, field training, operations and disciplinary systems."

Officials from The Presidency, Government Ministries and agencies, the National Human Rights Commission, Members of the Nigerian Bar Association, Officers of the Nigerian Military, Non- government organisations and the Diplomatic Community attended the Roundtable.

The Roundtable received messages from: Lt- General Tukur Buratai, Chief of Army Staff, Professor Bem Angwem, Executive Secretary, National Human Rights Commission, Dr. Martin Ejidike, Senior Human Rights Adviser, United Nations Office in Nigeria, Olawale Fapohunda, Facilitator, Nigerian Military Human Rights Dialogue. Ifueko Alufohai, Executive Director,

Nigerian Bar Association represented AB Mahmud, SAN, President, Nigerian Bar Association.

The purpose of the Roundtable, was to discuss matters of the law and practice of military justice, including rules and methods of procedure, the organisation and operation of military courts and judicial system, and to make recommendations to bring about improvements on such matters.

There were lead presentations on the Armed Force Act, 2004 and the Administration of the Military Judicial System by the Legal Services Department of the Nigerian Army. Thereupon there was an interactive session that discussed topics such as the role of the military judge, the defence, trial court arrangements, offences and punishment, and appellate reviews of courtmartials and human rights issues related to the military justice system.

There was consensus on a number of important areas: These are • The goals of military justice should be to advance national security by ensuring discipline, punish and deter crime, respect human rights, support democratic institutions, minimise military-civil friction, engage and maintain public confidence.

• Military justice systems are reformed to improve their effectiveness, the quality of justice delivered by military courts, and to adapt to the changing domestic legislation, to international standards or specific needs of the military institution. The reform should aim to enhance the independence of military judges and prosecutors and to ensure a better application of human rights and fair trial guarantees within the system.

• There is nothing in the 1999 Constitution that limits the application of human rights to civilians. It is the purpose of human rights that they protect all individuals, regardless of status.

Individuals – including members of the military

– can enforce their human rights in our courts.

But just as important, the Constitution requires public bodies – including the Armed Forces – to act in a manner that respects Fundamental Human Rights as provided for in the Constitution.

• On the issue of command interference and institutional independence, some participants argued that the presence of civilian judges in court martial tribunals, would reinforce the impartiality and independence of such tribunals, since they are not part of the military hierarchy.

• Military judges should be professionally trained, like their civilian counterparts. Military judges and prosecutors should undergo both initial and continuous training.

• Welcomed the willingness of the Nigerian Army to respond in an open and transparent manner, to allegations of rights violations in the course of military operations, as well as in civil- military relations.

• Affirmed the need for sustained collaboration and cooperation between the Nigerian Army, National Human Rights Commission and the Nigerian Bar Association.

• Noted that there had been no parliamentary hearing devoted to the review of the legal and institutional framework of the military justice system since 1999.

The Roundtable made the following recommendations • The Minister of Defence should consider the inauguration of a Task Force on the Military Justice System to examine the structural suitability of the military justice system; to identify any systemic disciplinary and administrative irregularities in the delivery of military justice; and to assess the ability of the system to deliver institutional accountability, impartial and fair outcomes.

• The National Assembly should consider proposals for the review of the Armed Forces

Chief of Army Staff of Nigeria, Gen. Tukur Buratai

Act 2004. Specifically, the National Assembly should examine whether the Act meets the needs of the Nigerian Military to ensure good order and discipline in a fair and efficient way.

• The Chief of Army Staff should ensure that commanders at all levels of the Nigerian Army continuously keep abreast of current developments in Military Law, Constitutional Rights and International Human Rights norms, including undertaking refresher courses as appropriate.

• The Chief of Army Staff should direct officers holding command appointments in the Nigerian Army, to always seek legal advise on matters relating to the rights and obligations of troops under their command.

• The Chief of Army Staff should support the publication of a compendium of cases and materials on military justice including a review of the manual on military law.

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Midnight Raids On Judges, Fighting Corruption Or Judiciary?

Contrary to the expectations of many, the unprecedented raid on the residences of the nation’s judicial officers by masked men of the Department of State Security, has refused to take a backseat. It has continued to occupy the front-burner of national discourse.

Not even the release of the twenty-one Chibok girls, has doused the intensity of the debates, over the propriety, constitutionality or otherwise of the midnight raids last weekend. While some senior lawyers have argued that it is an assault on the Judiciary, the nation’s third arm of government, others maintain that in the fight against corruption, the Bench is not immune to such treatment. As at the time of going to press on Friday, the National Judicial Council, the body statutorily empowered to discipline judicial officers rose from a prolonged three-day meeting to declare that the raid on justices and judges of the nation’s judicial institutions is condemnable and was calculated to ridicule, harass, intimidate and undermine the integrity of the third arm of government.

Quotes from Agbakoba on Judges’ Arrests Olisa Agbakoba

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here is a frenzy about corruption and the nation is divided. We have popular justice: those that say, if you catch someone stealing our money, shoot him, and those that say yes, follow due process.

NBA never said that if these judges are corrupt, they should not be dealt with. NBA never said they are entitled to immunity.

The competence of DSS is questionable.

The National Security Agencies Act. I’m not sure if this DSS is the old SSS that arrested me and put me in jail. DSS is not referred to in the National Security Agencies Act. If DSS is calling itself SSS, it has a very narrow mandate to investigate crime related to internal security. I was Nigeria’s youngest well-trained intelligence person, a research fellow at the Intelligence Unit of the Nigerian Institute of International Affairs.

DSS and SSS came out of the old Nigerian Security Organisation (NSO) which also came out of Branch E of the Police Force. I presented the Concept Paper at NIPPS, Kuru that set up the Intelligence Structure of Nigeria. The Convener of that process was Prof. Bolaji Akinyemi. Never was it intended to give the SSS or the DSS anything other than intelligence powers.

The situation in England is a bit different, where you have the Security Services Act, that established the MI5, the equivalent of our own DSS or SSS. In England, M15 had power to investigate financial crimes although today, this has been transferred to the National Crimes Agency. The United States Security Services Act also vests power in the Security services to assist Law enforcement Agencies in the investigation of serious financial crimes. But the difference in our case is that the National Security Agencies Act does not give power to the DSS in respect of financial and corruption offences.

It’s open to question whether the DSS has any powers at all. It is also open to question whether the DSS exists in law. Let us assume that they exist in law, a sting operation is reserved for the hardest possible criminals, those in vice, prostitution, organised crime. It is inconceivable

that these Judges could have been stung by the DSS when already five out of the seven had been investigated by the NJC and removed from office. So what is the DSS doing when the NJC has removed them? Was Umezulike not removed (Chief Judge of Enugu)? The Court of Appeal Judge in Ilorin, was he not removed?

Why did they go to his place? So, the DSS in my view has no reason.

Lastly, I watched the video on the television.

That type of treatment, knocking down doors, with hack saws, is reserved for only the hardest criminals. You and I don’t deserve that type of treatment, and I have been through it, so I know it. This same DSS people, when they were SSS, came breaking down my door in the middle of the night in 1998. That is not what you do. So that is the NBA’s concern.

If tomorrow there is evidence that they are responsible for what the DSS alleges, I will be the first to say, please, charge them to court.

But that is not the situation.

The manner in which they carried out (the arrests) is not to be taken for granted.

In England, during the Second World War, a German Spy was caught. There was an outcry.

Lord Denning said “Amidst the clash of arm, the laws are not silent. They speak the same language in war, as in peace.” So in Nigeria, amidst the rampant corruption, the law remains, due process remains, you don’t change it. So the question is, the DSS, are they established by law? Do they have the power to extend their role from internal security into financial crimes? I doubt it.

If the organisation is not established by law, then their actions are unlawful. How can you have an organisation, not established by law doing anything? The law must establish the organisation to do something. They need to clarify whether they are the DSS or the SSS, because the DSS isn’t referred to. You have the Defence Intelligence Agency, the National Intelligence Agency and the State Security Services. Those are the three arms that are established by the National Security Agencies Act, not the DSS. Evidential value, however acquired, is admissible, but due process is constitutionally guaranteed. Assuming that the Judges go to trial, and I am Counsel to them, I’ll make a case that the constitutional guarantees given to them, has been violated. And that is fundamental.

Evidential issues are different. If there is a

DSS Officers in operation

fundamental defect in the way in which the arrest has occurred, it will affect the process.

But even with a warrant, would the average Nigerian think the manner in which the arrest was conducted, was humane? Even the Administration of Justice Act under which they purported to have gone refers to humane treatment of people suspected of committing a crime. Section 34 or 35 of the Constitution refers to not subjecting people to inhumane and degrading treatment. In my view, without prejudice to whether they committed the offence or not, they would have been handled in a much more humane way. What about all these Generals that have been stealing money, billions, have they done this to them, all the scandal about the arms deal. I’m sure that Judges have the stature to respond to invitations. Couldn’t they have been invited?

NBA wants to get to the bottom of this. By the way, we are waiting for DSS to release the evidence. There is a process set out in the Administration of Justice Act dealing with procurement of evidence. The DSS has flouted every single one of them. They would have required a search warrant, humane treatment, collecting the money which the suspect will sign for, entitlement to legal counsel immediately (Miranda rule). All the guarantees in the constitution have not been followed. That is

the point that the NBA is making. I am even keen to know where the Search and Arrest warrants were obtained from and the basis upon which the warrants were issued.

We have divided opinions. We can’t all agree.

That is what is expected in a democratic society. I support the Vice-President, that the Government needs to fight corruption. But when I was NBA President, I prepared a Position Paper for the Attorney-General which dealt with strategies for fighting corruption. Up till now, as I speak, not a single Attorney-General has looked at it, because I said there’s a need to harmonise what the law enforcement agencies do. We could have avoided this.

There are issues of overlapping of functions.

You have the ICPC, the SFU, now the DSS jumping in to say that they are part of the law enforcement Agencies. Next thing, Customs will also jump in. Exactly what agencies of government have the power to do this? Who does what?

The DSS is not one of the law enforcement agencies envisaged by the Act because the DSS function is limited by the Act creating it to internal security. It did not extend it to criminal investigations. In any event, if all these policies are clarified, there would be no problem. But right now, it is difficult to tell whether the DSS has jurisdiction in criminal

matters. In Nigeria it is unclear. I say that they don’t have. It needs to be clarified.

The DSS is an intelligence agency saddled with internal security with the key function of preventing espionage. I would think the appropriate Agency to deal with the matter of corruption by Judges or anyone for that matter will be the EFCC or the Police but certainly not the DSS. I am not sure on what grounds the can charge anybody to Court? The statutory function of the DSS as prescribed by its establishment Act relates strictly to the prevention and detection of crime related to internal security. The alleged offences against the Judges at best relates to corruption, a matter clearly outside the statutory function of the DSS. I will say that these events should serve as a wake - up call to the Bar and the Bench. The public would appear to have lost confidence in the Legal and Judicial process and this is why there is little regard on matters of due process and constitutionalism. I think it’s up to us to rebuild and regain the confidence of the public so that they can understand when we as Lawyers say that due process and constitutionalism of anyone charged with a crime is of paramount importance.

Dr. Olisa Agbakoba SAN, Past President, NBA

‘Crackdown’ On Judicial Officers - Separating the Law from Sentiments

Inibehe Effiong

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he State Security Service (SSS) embarked on an unprecedented "crackdown" on allegedly corrupt judicial officers across the country over the weekend. Among the judicial officers whose houses were searched and thereafter arrested and detained are two Justices of the Supreme Court of Nigeria; Justices Sylvester Ngwuta and Inyang Okoro.

As expected, the action has polarised lawyers, commentators, the media, civil society and the public. Differing views have been expressed on the constitutionality or otherwise of the steps and procedures adopted by the SSS. Sadly, the public has been deprived of opinions that are rooted in law owing largely to the belligerent and sentimental posturing and aggressive grandstanding that has impaired commentaries on the issues in controversy.

My task in this essay is simply to offer a legal opinion on the following four issues: First, are judicial officers in Nigeria immune from the criminal justice system?; Second, is it mandatory for security agencies to seek the consent/intervention of the National Judicial Council (NJC) before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?; Three, did the SSS act within its statutory powers and acceptable legal procedures? Four, is evidence that is obtained illegally admissible in law?

The above questions or issues are in my considered view the crux-es of the matter.

Before I proceed further, may I respectfully issue a caution: This op-ed is one of the longest that I have written in recent times. It is not for the lazy mind or for those who are easily irriated by long essays and exposition. The nature of the issues under consideration necessarily made it a detailed essay. I solicit the indulgence of readers.

Resolution of the issues: First, are judicial officers in Nigeria immune from the criminal justice system?

The only constitutional provision relating to immunity from civil and criminal proceedings and prosseses for certain public office holders in Nigeria is Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as the Constitution). Based on that provision, only the President, the Vice President, Governors and Deputy Governors are shielded from civil and criminal proceedings and prosseses in limited circumstances.

It is an elementary rule of interpretation that the express mention of one person or thing is the exclusion of another. The maxim is expressio unius personae vel, est exclusio alterius. In the case of EHUWA v O.S.I.E.C. (2006) 10 NWLR (Pt.1012) 544, the Supreme Court stated the position thus: "It is now firmly established that in the construction of a Statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are not intended to be included..."

Per OGBUAGU, JSC. The implication is that every person apart from the four public officers expressly mentioned in Section 308 of the Constitution are subject to investigation, arrest, detention and prosecution.

Judicial Officers from the Chief Justice of Nigeria (CJN) to High Court Judges do not enjoy any special protection from criminal proceedings and prosseses. Immunity cannot be inferred, it must be specifically granted.

Those suggesting that judicial officers in Nigeria

are entitled to special protection or immunity should be kind enough to cite the enabling constitutional or statutory provision that supports their position.

The truth is that there is none.

Second, is it mandatory for security agencies to seek the consent/intervention of the NJC before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?

The NJC is one of the institutions established

by Section 153 of the Constitution. The power of the Council is provided for in Paragraph 21 of the Third Schedule to the Constitution. The NJC is empowered inter alia, to recommend the removal from office of judicial officers and exercise disciplinary control over them. By virtue of Section 158 (1) of the Constitution, the NJC is guaranteed constitutional independence and is not subject to the control of any other authority or person when exercising its disciplinary control.

There is no dispute on the disciplinary control of the NJC over judicial officers. What is disputed by some legal commentators is the extent of the disciplinary control. Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC? At the risk of repetition, where a judicial officer is alleged to have committed a crime, is it mandatory for law enforcement agencies to go through the disciplinary instrumentality of the NJC before taking actions against the erring judicial officer?

There is nothing in the provisions of Paragraph 21 of the Third Schedule to the Constitution that precludes law enforcement agencies from investigating, arresting, detaining or prosecuting a judicial officer in Nigeria for alleged corrupt practices or for other sundry offences. It is my view that a contrary interpretation will have the inescapable effect of conferring an extra-constitutional immunity on judicial officers.

In rule seven (7) of the famous twelve (12) point rule of constitutional interpretation propounded by OBASEKI, JSC in the celebrated case of ATTORNEY-GENERAL OF BENDEL STATE v ATTORNEY-GENERAL OF THE FEDERATION (1981) 10 SC. 1; (1981) 1 FNLR 179, the Supreme Court declared thus: "A constitutional provision should not be construed in such a way as to defeat its evident purpose."

The purpose of Section 308 of the Constitution as evidently enshrined therein is to protect ONLY the President, Vice President, Governors and Deputy Governors from arrest, detention and prosecution.

I submit that any construction on the disciplinary power of the NJC that tends to shield judicial officers from arrest, detention and prosecution will automatically defeat the purpose of Section 308 of the Constitution.

It is my humble view that where the wrongful act of a judicial officer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him. The NJC's independence from control guaranteed and envisaged by Section 158 of the Constitution does not, and cannot be construed to mean totality or absoluteness of control over judicial officers where the misconduct complained of also constitute a crime.

Before concluding on this point, there is a widely propagated misconception that needs to be corrected.

It has been argued by some persons that the procedure on how erring judges should be dealt with requires that even when a judge is found or alleged to have committed a crime, a petition must first be written to the NJC and that the petitioner and the law enforcement agencies like the police, the EFCC, the SSS and others must patiently wait

for the determination of the petition by the NJC before activating the criminal process. With respect, that cannot be the correct position.

Ostensibly, this misconception stems from a misunderstanding of the relationship between the constitutional procedure for removal of judicial officers and the liability of judges for criminal offences committed by them.

The procedure for removal of judicial officers in Nigeria is as contained in Section 292 of the Constitution. In brevity, the provision is to the effect that the NJC may recommend to the President or Governor, as the case may be, the removal from office of erring judicial officers for inability to perform the functions of their office due to infirmity (whether of the body or mind) or misconduct or contravention of the Code of Conduct. Note that the NJC only recommends, it does not and cannot remove any judicial officer solely on its own.

There is nothing in Section 292 of the Constitution that makes the removal of an erring judicial officer a condition precedent to his investigation, arrest, detention and prosecution by law enforcement agencies.

No law enforcement agency can usurp the disciplinary powers of the NJC by recommending a judge for removal or suspending a judge or exercising other form of disciplinary control over a judicial officer. Likewise the NJC cannot and should not usurp the constitutional cum statutory functions of the law enforcement agencies to investigate crimes, arrest, detain or prosecute any person, including judicial officers, for alleged crimes. Both causes of action can either run concurrently or separately depending on the circumstances of each case. Where for example a judicial officer is accused of corruption which is both an act of professional misconduct and a crime, the aggrieved party and or law enforcement agency may elect to petition the NJC for the removal of the judicial officer from office or proceed directly to subject the erring judicial officer to the criminal justice system or pursue both causes of action at the same time.

The NJC is not a court of law under Section 6 of the Constitution and has no supervisory jurisdiction over law enforcement agencies.

Third, did the SSS act within its statutory power and acceptable procedure?

The SSS is a creation of the National Security Agencies Act of 1986. The power of the SSS as stipulated in Section 3 of the Act is as follows: (3) The State Security Service shall be charged with responsibility for(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria; (b) the protection and preservation of all nonmilitary classified matters concerning the internal security of Nigeria; and (c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

Going by the provisions of paragraphs (a) and (b) supra, it is apparent that the SSS stricto sensu ( in the strict sense) has no power to arrest judicial officers for alleged economic and financial crimes.

However, a dispassionate attention should be paid to the wordings and purport of paragraph (c) above. Clearly, that provision (paragraph C) gives the President the power to enlarge the scope of responsibilities of the SSS relating to the internal security within Nigeria. Section 6 of the Act goes further to empower the President to issue an Instrument, a subsidiary legislation, on the manner the SSS should exercise its powers, etc.

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Arrest of Judges a Disgrace to Nigeria Ben Nwabueze

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he attitude on the part of the Supreme Court, as the apex Court, that it is not subject to the law, is fraught with grave danger for our constitutional democracy. This is because, whilst the law of the Constitution, is the primary instrument of the Rule of Law, and the statute law the next leading instrument for it, court decisions form its foundation. And when the foundation is faulty, the entire edifice becomes shaky. The point needs amplification.

In our constitutional system, the courts are the only authoritative decider and interpreter of what the law is for purposes of the Rule of Law. And once a court has spoken, then, its decision establishes, with binding force, the law on the point in issue, unless and until it is reversed or overruled by due process of law. Neither the President nor anyone else has the power or the right to substitute and apply their own view of the law in preference to that of the court in a matter affecting the lives, affairs and actions of other people. To admit any such power or right in anyone, the President included, would only lead to anarchy, to the substitution of the rule of the jungle for the Rule of Law. The binding force of decisions or orders of the court as the authoritative decider or arbiter of what the law is under the concept of the Rule of Law applies notwithstanding that a court decision

or order is perverse or blatantly erroneous on the merits; not only that, they also apply despite the fact that the court lacks jurisdiction to give the decision or make the order in question either because its jurisdiction is ousted by statute or for some other reason. In a system of government under law, as ours is supposed to be, no one, the President again included, is entitled to disregard a decision or order of a court of law, because, in his opinion, the court lacks jurisdiction to give it.

In the recent case of Att-Gen of Anambra State v. Att-Gen of the Federation & Ors [2005] 9 NWLR (Pt 929 – 931) 574 at page 606, the Supreme Court, speaking through Katsina-Alu JSC, (as he then was), affirmed the binding force of the court’s decision or order as the authoritative statement of what the law is that governs or rules the lives and affairs of people in society. Said the Court: “The law in this regard is clear........An order or judgment of court, no matter the fundamental vice that afflicts it, remains legally binding and valid until set aside by due process of law” (emphasis supplied).

But this obliges the courts to ensure that their decisions and orders are in accordance with the law, and not given in disregard of it; the court should not over-step the limits of its jurisdiction or power in a show of reckless activism, as was done by Hon. Justice Okon Abang of the FHC Abuja in his decision sacking Dr Okezie Ikpeazu as Governor of Abia State, declaring Dr Ogah as Governor in his place and ordering INEC to issue a Certificate of Return to Dr Ogah as well as ordering that he be sworn-in forthwith, and as was done by the Supreme Court itself in

Jev’s Case (2015) 15 NWLR (Pt 1483) 484 when it ordered a person who took no part at all in a general election for the election of members of the House of Representatives, and for whom no votes were cast, to be sworn- in as a member of the House and also ordered INEC to issue him a Certificate of Return – all in disregard of the law as embodied in the Constitution and the Electoral Act 2010.

It is apparently the pre-eminent role assigned to the judiciary in the concept of the Rule of Law that has created in the Supreme Court, as the apex court, the arrogant attitude that it is the law itself, and not a subject of the law. As earlier stated, the attitude is fraught with grave danger for our constitutional democracy, and the Court needs to be shaken out of it by means radical enough to transform the Court’s attitude about its role in our constitutional system, and the way it goes about in applying its role.

The arrogance of power on the part of the Supreme Court must be curbed. This requires to be done in a manner that accords with the guarantee against “inhuman or degrading treatment” and respect for the dignity of the human person in section 34(1) of our Constitution; the protection of the right to private and family life in section 37; the guarantee of personal liberty in section 35 relating especially to the processes of arrest, detention and search.

Whilst judges are not granted immunity from criminal process, the vital and sacrosanct role of the judiciary in governance entitles them to great respect over and above that accorded to the ordinary citizens. To disgrace a judge, as by a degrading

‘CRACKDOWN’ ON JUDICIAL OFFICERS - SEPARATING THE LAW FROM SENTIMENTS In exercise of the power in Sections 3 and 6 of the National Security Agencies Act 1986, former Head of State, General Abdusalam Abubakar in 1999 promulgated the State Security Service Instrument One of 1999. By virtue of that Instrument, the responsibilities of the SSS was extended to include the prevention, detection and investigation of economic crimes of national security dimension, among other things. It is important to emphasize that the National Security Agencies Act has a special constitutional flavour being one of the four federal enactments listed in Section 315 (5) of the Constitution. The consequence is that it cannot be altered like ordinary Acts of the National Assembly. It has the same alteration procedure like the Constitution as laid down in Section 9 (2) of the Constitution.

According to the SSS, the affected judicial officers were arrested based on allegations of corrupt practices and professional misconduct. The SSS in a statement said that raw cash of different denominations, in both local and foreign currencies, assets worth millions of Naira and documents affirming "unholy acts of these Judges" have been uncovered through a sting operation. The summary of cash allegedly recovered during the "raids" conducted in the homes of the Judges was given as follows: Naira - N93,558,000.00; Dollars - $530,087; Pounds - £25,970 and Euro - €5,680.

The question is, does the grave allegations levelled against the Judges and the alleged offences committed by them constitute "economic crimes of national security dimension" to bring same within the purview of the additional powers of the SSS pursuant to Instrument One of 1999?

It is advisable for us to examine the role of judicial officers in nation building. A corrupt judge is not only a threat to justice and the rule of law but to the society and the nation. Judges are by their calling empowered to make binding decisions on behalf of the rest of the society. When judgments are obtained fraudulently, the society and the nation are endangered. A corrupt judge is more dangerous than a kidnapper or an armed robber. The worst form of corruption is judicial corruption.

Though the Economic and Financial Crimes Commission (EFCC) is the specialised and coordinating agency for the detection, prevention and prosecution of economic and financial crimes, economic crimes committed by a judicial officer is far more serious and damaging than those of other categories of persons and there is some wisdom is categorizing same as "economic crimes of national security dimension" for which the SSS can act upon.

On the manner the searches and arrests were conducted, I concede that the SSS acted in a rather brash and indecorous manner. However, facts are

sacred and the law should be separated from sentiments. It is reported that the SSS obtained both search and arrest warrants. What is in dispute is whether the warrants covered all the affected judicial officers and the somewhat "undemocratic" manner they were executed, particularly the time.

The relevant principal law on the issuance of a search/arrest warrant is the Administration of Criminal Justice Act 2015 (ACJA). Part 18 of the ACJA is devoted to search warrants, Section 144 thereof allows for the issuance of a search warrant on any house. The warrant may also authorize the officer or other person to arrest the occupier of the house or place where any incriminating item or thing is found during the search. Where this is specified in the search warrant, there would be no need to obtain an arrest warrant separately.

By Section 146 of the ACJA, a search warrant shall be under the hand of a Judge, Magistrate or Justice of the Peace issuing it and shall remain in force until it is executed or cancelled by the court which issued it.

One important provision under Part 18 of the ACJA that those criticizing the SSS should note is Section 148. It states unequivocally thus: "A search warrant may be issued and executed at any time on any day, including a Sunday or Public Holiday."

However, under Section 151 of the ACJA, a search warrant cannot be executed outside jurisdiction of the court or Justice of the Peace issuing it except with the consent of the court within whose jurisdiction the search is to be made. It is doubtful whether the SSS complied with this requirement before embarking on the search at the houses of some of the judges located outside the Federal Capital Territory, Abuja where the search warrant must have been issued.

It has been argued by some lawyers, including some Senior Advocates of Nigeria (SANs) that the ACJA does not apply throughout the federation and that the SSS was bound to follow the provisions of the enabling procedural laws in the States where they executed the search, especially as it pertains to the time of execution of the search warrants.

This argument with respect is misleading.

Under Section 111 of the repealed Criminal Procedure Act Cap. C41 LFN 2004, the time for executing a search warrant in the South was between the hours of five o'clock in the forenoon and eight o'clock at night of any day of the week, including Sundays but the Magistrate had the power to direct otherwise. The repealed Criminal Procedure (Northern States) Act Cap. C42 LFN 2004, was however silent on the time. Both Acts have now been repealed by Section 493 of the ACJA 2015 and are no longer laws in Nigeria. Section 2 of the ACJA makes the ACJA applicable to criminal trials for offences created by an Act of the National

Chief Judge of Nigeria, Justice Mahmud Muhammed

treatment, is not just the disgraceful treatment of an individual; it brings the entire judiciary, as the third organ of government, the Third Estate of the Realm, into disrepute and undermines its credibility in the eyes of the public. It diminishes our country, and all of us. The matter therefore counsels and demands cautious handling.

We are in a constitutional democracy, not a military dictatorship, and the law must be respected and obeyed in the way the affairs of the country are handled, including the handling of the fight against corruption which we all wholeheartedly support.

Professor Ben Nwabueze SAN, Professor of Law

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Assembly, like economic and financial crimes, and to other offences punishable in the FCT, it is the ACJA and not the various laws of the States where the "raids" were conducted that governs the procedure adopted by the SSS. Accordingly, it is misleading for anyone to suggest that the SSS was wrong to have executed the search warrant(s) at night.

It is reported that the SSS forcibly broke into the house of one of the judges. Section 149 (1) of the ACJA states thus: "Where any building liable to be search is closed, a person residing in or being in charge of the building, thing or place, shall on demand of the police officer or other person executing the search warrant, allow him free and unhindered acess to it and afford all reasonable facilities for its search."

By the combined effect of Sections 9, 10, 12, 13 and 149 (2) of the ACJA the person executing a search warrant and or arrest warrant is empowered to "break open any outer or inner door or window of any house or place" where unhindered acess is denied upon demand. If the SSS had requested for unhindered access into the house of the affected judge and they were denied, the breaking of the door of the judge's house was lawful as expressly stated in the ACJA. Four, is illegally obtained evidence admissible in law? In other words, where evidence is recovered in contravention of the procedure for search of houses and places, will the court admit same?

Every lawyer in this country that is worth his salt knows the answer to this question. The answer is YES - illegally obtained evidence is admissible.

The Supreme Court held so in unmistakable terms right from 1968 in the case of MUSA SADAU & ANOR v THE STATE (1968) NMLR 208. Also in KURUMA v R. (1955)1 All ER 236 at 239-240, the Privy Council stated, inter alia, thus: "The test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. If it is admissible.....the court is not concerned with how the evidence was obtained".

It is an elementary rule of evidence that what determines admissibility is relevance and not how the evidence was procured. See Section 1 of the Evidence Act 2011 and the cases of TORTI v UKPABI (1984) 1 SCNLR 214 AT 236 - 237 and 239 24O and LASUN v AWOYEMI (2009) 16 NWLR (Pt.1168) 513 at 553.

Accordingly the evidence allegedly recovered from the houses of the judges are admissible in law whether search warrants were obtained or not or properly executed or not. The court will still go ahead to admit the evidence irrespective of protestations against its illegality. This may not sound comforting, but that is the law.

By way of concluding remarks, I will like to make some points clear. The Judiciary is a sacred

institution that should not be desecrated by any person. However, there is no sacredness in corruption. Judges must at all times be treated with decency and respect befitting of their office but corrupt judges should be identified and treated like other criminals in the society. Nigeria is blessed with some of the best judicial brains that can be found anywhere in the world, but the nefarious activities of the bad eggs on the Bench should never be tolerated under any guise.

Judges are not above the law.

Like other public servants, judges in Nigeria are paid in Naira, not in Dollars, Pounds, Euro or Cedis. Judges are not Bureau De Change operators and are not permitted to engage in business adventures. Therefore, the Nigerian people with whose taxes and resources the Judiciary is funded deserve to know how their Lordships came about the mind-blowing hard currencies found in their homes? The public deserves to know how their Lordships came about the assets allegedly traced to them. Judges who are living above their means should be able to answer some questions from the law enforcement agencies.

Their Lordships are presumed innocent until proved guilty and they should be given fair trial and fair hearing.

Instead of threatening the President, the Nigerian Bar Association (NBA) should tell us what they have done about the recent brutal murder of their member in Rivers State, Mr. Ken Atsuwete? Where was the NBA when a High Court Judge was assaulted in open court in Ekiti State by political thugs led by a governor? Why did the NBA not declare a state of emergency on the judiciary when Justice Ayo Isa Salami was humiliated and disgraced out of the Bench by the administration of Goodluck Jonathan despite the NJC's recommendation that he should be reinstated? What has the NBA done to Mr. Ricky Tarfa, SAN for allegedly bribing judges?

Whose interest is the NBA fighting for?

Records have shown that judges in other jurisdictions, including the United States have been arrested, prosecuted and jailed for corruption and other criminal conducts. Ghana recently purged its judiciary. If this is the time to uproot the pervasive cancer of corruption in the Nigerian Judiciary it is a welcome development and should be supported. Without checks and balances, the doctrine of separation of powers is useless and unworkable.

We cannot have different standards for the rule of law; one for the influential and another for the poor or one for the judges and another for the rest of us.

Inibehe Effiong, Legal Practitioner and Convener of the Coalition of Human Rights (Culled from the internet)

18.10.2016

COVER/11

Judicial Corruption DSS Gestapo Invasion of Judges Residences: Law, Facts and Fiction Mike Ozekhome

I

t is no longer news that on 9th October, 2016, fully armed and masked DSS operatives in gestapo Kami Kaze fashion nichodemuously invaded the homes of some judges in the unholy wee hours of the night, purportedly searching for evidence of “corruption” and in the process, arrested some respected members of the Bench.

The furore and general rocus generated by this singular act of the DSS has been phenomenal, mainly because in our chequered history, this act has no precedent.

Some have argued that since we are in a Democracy where the rule of law prevails over whims, caprices and mercurial drives of an individual or group of individuals, and since the DSS lacked the power to arrest anyone for the crime of corruption, the arrest of the judges was done mala fide and with strong hand to inflict maximum damage to the corpus of an unco-operating Judiciary. Others have hurriedly coupled together views to accoutre the DSS invasion with a garb of legality. Some reactions have been out rightly emotive and smack of generous lachrymal effusions.

Corruption Let us define the word “corruption”, since this is the ground on which the DSS justified its burglary of the judges’ homes, violently abducting and kidnapping them. Blacks Law Dictionary defines corruption as "Illegality; a vicious and fraudulent intention to evade the prohibitions of the law. The act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself or for another person, contrary to duty and the rights of others".

Hamilton, (2014, "Bribery and Identity: Evidence from Sudan), states that corruption can have political consequenceswith citizens being asked for bribes becoming less likely to identify with their country. Stephen Morris, a professor of politics, writes that [political] corruption is the illegitimate use of public power to benefit a private interest.

It is beyond dispute that, corruption is a systemic malaise which must be confronted headlong by all well meaning Nigerians. This is because, corruption or corrupt practices, if not checked, will inevitably destroy the very fabric of the nation and adversely affect peace, order and good government. This is why I have serially described corruption as the 37th State of Nigeria and the wealthiest. It can kill us if we do not kill it. The judiciary have, in several judgments, deprecated the prevalence of corruption in all strata of the Nigerian society. Uwais CJN (as he then was), in ATTORNEY-GENERAL, ONDO STATE v ATTORNEY-GENERAL, FEDERATION (2002) 9 NWLR (Pt. 772) 222 at 306, said: “Corruption is not a disease which afflicts public officers alone but society as a whole. If it is therefore to be eradicated effectively, the solution to it must be pervasive to cover every segment of the society.”

Mohammed, JSC, in the same case, said: “It is quite plain that the issue of corruption in the Nigerian society has gone beyond our borders. It is no more a local affair. It is a national malaise which must be tackled by the government of the Federal Republic. The disastrous consequences of the evil practice of corruption has taken this nation into the list of the most corrupt nations on earth...”.

Ogwuegbu JSC, thereafter, referred to the preamble of Chief Afe Babalola, SAN, in his brief in the appeal where he said: “It is a notorious fact that one of the ills which has plagued and are still plaguing

DSS Director General,Lawal Musa Daura

the Nigerian nation is corruption in all facets of our national life. It is an incontrovertible fact that the present economic, morals and or quagmire in which the country finds itself is largely attributable to the notorious virus which is known as corruption”. This court is bound to take judicial notice of these facts and is so invited to so...”

Corruption in the Judiciary “Judicial corruption” in any form, is dangerous, since judges are representatives of God on earth. Where judges sell judgments to the highest bidders, then liberties slide gradually towards a precarious precipice and the nation helplessly totters toward structured anarchy. In short, a corrupt judge is a nuclear bomb waiting to explode. A corrupt judge is afflicted by poverty, not necessarily of material things, but poverty of integrity.

Charles Evans Hughes once stated that “a poor judge is perhaps, the most wasteful indulgence of the community.

You can refuse to patronise a merchant who does not carry good stock, but you have no recourse if you are hauled before a judge whose mental or moral goods are inferior. An honest, high minded, able and fearless judge is the most valuable servant of democracy, for he illuminates justice and reinterprets and applies the law, as he makes clear the benefits and the short comings of the standards of individual and community rights among a free people” Dr. Akinola Aguda, in his book, “The judiciary in the government of Nigeria”, seemed to agree when he said: “It is beyond dispute that to sustain a democracy in the modern world, an independent, impartial and upright Judiciary is a necessity”. In capturing the harm that a corrupt judge could inflict on the society, Uwais, JSC, during the valedictory speech in honour of Uwaifo JSC, (reproduced in (2005) I SCNJ at 20), stated emphatically that: “a corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. The latter can be restrained physically. But a corrupt judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office while still being referred to as

honourable”.

Putting it more succinctly, Oputa JSC, in his article, “Judicial Ethics, Law, Justice and the Judiciary”, Once declared, “No one should go to the bench to amass wealth, for money corrupts and pollutes not only the channels of justice but also the very stream itself. It is a calamity to have a corrupt judge. The passing away of a great advocate does not pose such public danger as the appearance of a corrupt judge on the bench, for in the latter instance, the public interest is bound to suffer and elegant justice is mocked, debased, depreciated and auctioned.

When justice is bought and sold, there is no more hope for society. What our society need is an honest, trusted and trustworthy Judiciary”. I agree.

Illegality of the Midnight Raids The argument that the DSS were within legal bounds in carrying out midnight raid, wearing masks, has alarmed me, not because one supports corruption (God forbid), but because such argument is ultimately geared towards giving the DSS’ invasion, the legitimacy it otherwise lacks.

We are not living in John Lock’s, or Thomas Hobbes’ Hobessian state of nature, where life was short, nasty and brutish. What prevented the DSS from surrounding the houses, in cognito, and then execute searches within reasonable hours of the day, since the judges’ no matter their offences, are presumed innocent under Section 36 (5) of the 1999 Constitution. Those justifying the DSS’ barbarism that it has the power under the ACJA to raid any house under a warrant “at any time, day or night”, stand logic, law and decency on their heads. This is more so in the face of the said warrants being said to have been procured under the CPC (a law which has since ceased to exist on commencement of the ACJA). Section 493 of CPC expressly states that warrant of search can only be executed between 6 am to 6 pm. It is also more worrisome when the ACJA which repealed the CPC, has its own FORM D, (FORM No 7), clearly titled: “SEARCH WARRANT”.

We do not live in the jungle, where in the immortal words of Thrasymacchus, “might becomes right”, the survival of the fittest – powerful Executive (S. 5) vs

weak judiciary (Section 6).

Even where it is argued that Section 186 of ACJA purportedly gives power to law enforcement agencies to make arrests at any time, such provisions must be read subject to the Constitution, our font origo, the grundnorm. The Constitution guarantees the right to the dignity of the human person, and the freedom from inhuman and degrading treatment (S. 34). It guarantees right to family life, privacy of citizens, their homes, correspondences, telephone conversations and telegraphic communications (S. 37). The ACJA is a law which is subservient and inferior to the Nigerian Constitution. The Constitution is supreme (S. 1 (1)), and where any law contradicts its provisions, such law is automatically null and void, to the extent of its inconsistency. (S. 1 (3)). See TUKUR v GOVERNOR OF GONGOLA STATE (1989) 4 NWLR (Pt.117) 517; LABIYI v ANRETIOLA (1992) 8 NWLR (Pt. 258) 139. Consequently, sections 9, 13, 148 and 149 of the ACJA which presumptuously frontally assault sacred and inviolable rights expressly guaranteed by Sections 33, 34, 35, 36 and 37 of the Constitution are null, void and of no effect whatsoever.

By the plenitude of the provisions of the National Security Agencies Act, the DSS has no business whatsoever breaking into judges’ or any citizen’s residences, and arresting them, allegedly for corruption or corrupt practices. To this argument, some DSS’ supporters have argued that under section 6 of the said NSA Act, the President may, by instrument under his hand, make provisions with respect to the manner in which the powers of each agency is to be exercised and the conferment on specified officers of the agencies, of the powers of a superior police officer; and such other matters concerning or incidental to any of the matters mentioned in this Act, as the President may deem fit. These proponents even went ahead to state that an instrument has been made under General Abdusalami Abubakar, expanding the scope of the powers of the DSS, to include arresting judges for corruption. Aside from the fact that this so called instrument is nowhere to be found, this argument is inherently laden with falsehood and fallacies.

For clarity, section 3 of the NSA Act provides: “the State Security Service shall be charged with responsibility for-(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria; (b) the protection and preservation of all non-military classified matters concerning the internal security of Nigeria; and (c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary”.

It is pertinent to emphasise that the NSA Act, is one of the legislations saved by Section 315 (c) of the 1999 Constitution, as altered. It is trite in law, as serially adumbrated in a plethora of cases, that in construing statutory provisions, the express mention of one thing is the total exclusion of others not so mentioned. This is encapsulated in the Latin maxim, “expressio unius est exclusio alterius”. See EHUWA v O.S.I.E.C. (2006) 18 NWLR (Pt. 1012).

544 at 568 – 569. Now, if Section 3 expressly states that the duty of the DSS borders on prevention and detection of crimes AGAINST the INTERNAL SECURITY of Nigeria, it stops there.

Now, assuming, without conceding, that the so called instrument allegedly made by General Abdusalami does in fact exist, it is submitted that such an instrument, being a subsidiary legislation, cannot extend, expand or enlarge the scope of the duties or powers of the CONTINUED ON PAGE 13

12/COVER

18.10.2016

Legal Dimensions of Arrests of Judicial Officers by DSS Abubakar D. Sani

T

he recent unprecedented arrests by the Department of State Security of several serving judicial officers, has predictably caused a storm of controversy which has heated the polity and sharply divided public opinion.

While there has been no shortage of views on either side of the debate, what has been missing thus far, in my view, is rational, authoritative and objective analysis of the status and powers of arrest of the DSS and the outcomes of the searches/arrests and the allegedly incriminating evidence procured as a result.

In other words, I think the simple issue is posed in the caption of this piece, i.e., having regard to the law creating the DSS, does it have the power to search or arrest a judge on reasonable suspicion of judicial corruption? If it lacks such powers under the law, what are the consequences on the outcome of the search and arrest?

Does it invalidate them and/or render any evidence obtained thereby inadmissible in a court of law? These will be examined presently, starting with the enabling law of the DSS. The National Security Agencies Act,Cap. N 74, LFN 2010 The Department of State Security, DSS is not recognised by that name in the National Security Agencies, Act, 1986.

On the contrary, the said law (formerly a Decree promulgated by the military regime of General Ibrahim Babangida), established three separate National Security Agencies, including the State Security Service, which appears to approximate most closely, the functions presently being performed by the DSS, the Department State Security. This is by virtue of Section 2(3) of the NSA Act, which provides that: “The State Security Service shall be charged with responsibility for: a. The prevention and detection within Nigeria of any crime against the internal security of Nigeria. b. The protection and detection of all non-military classified matters concerning the internal security of Nigeria and c. Such other responsibilities affecting internal security within Nigeria as the National Assembly or the President as the case may be, may deem necessary” Section 6 of the Act is also pertinent, in my view. It provides, inter alia,: “6. The President may by an instrument under his hand make provisions with respect to the following matters, that is to say – (c) the manner in which the powers of each agency is to be exercised and the conferment on specified officers of the agencies of the power of a superior police officer; and It can be seen that the phrases “internal security of Nigeria” and “internal security within Nigeria” are common to the foregoing provisions. The obviously mean the same thing. Unfortunately, the Act does not define them.

For their meaning, I refer to the Macmillan English Dictionary, 2nd edition, page 1324, which defines “security”, inter alia, as “safety from attack, harm or damage”.

See also Black’s Law Dictionary, 8ted., page 1384, which defines it, inter alia, as “the state being secure, especially from danger or attack”.

A superior police officer is similarly not defined in the NSA Act, but Section 2 of the Police Act, Cap. P.19 LFN 2010 defines it as “any police officer above the rank of Cadet Assistant Superintendent of Police”.

The powers of arrest & search of a superior police officer are contained in Sections 28 & 29 of the Police Act, and they include the power to arrest with or without

Inside the Supreme Court of Nigeria

warrant. Accordingly, in my view, subject to confirmation of the conferment by the President on “specified officers” of the DSS of the powers of arrest such as possessed by superior police officers as aforesaid, it is safer to reserve judgment, given the insistence of the DSS that the searches were conducted with the requisite warrants.

Who May Effect an Arrest Under the Law? The relevant statutory provision, in my view, is Section 40(2) of the Administration of Criminal Justice Act, 2015 which provides that: “A person when executing a warrant of arrest directed to him shall have all the powers, rights, privileges & protection given to or afforded by law to a police officer executing a warrant of arrest and shall conform with requirement placed by law on a police officer” Sec. 29(1) of the ACJA 2015 provides that police officers, Judges, Magistrates, Justices of the Peace, private persons and “other agencies authorised by law to make arrest” are all competent to effect arrest, in the circumstance and subject to the conditions specified therein. Having regard to the aforementioned provisions of Section 6 of the NSA Act, I humbly submit that one can safely say that the DSS is one of such “agencies authorised by law to make arrests”.

Powers of Search Under the Law The grundnorm in this is regard is Sec. 37 of the 1999 Constitution which provides that: “The privacy of citizens their homes correspondence, telephone conversation and telegraphic communication is hereby guaranteed and protected”.

However, this right is not absolute, as it can be derogated from under Sec. 45(1) of the 1999 Constitution which provides thus: “Nothing in (Section 37) shall invalidate any law that is reasonably justifiable in democratic society:a. In the interest of defence public safety, public order, public morality or public health. b. For the purpose of protecting the rights and freedoms of other persons” Search Warrants Sections 143-157 of ACJA Act 2015 contain copious provisions that regulate the issue and execution of search warrants. Suffice it to say that, they may be issued by a court or Justice of the Peace on the application of a police officer, upon information on oath, that there is reasonable ground for believing that there is, any building, place, etc., anything upon or in respect of which any offence has been or is suspected to have been committed, or anything which there is reasonable ground for believing will provide evidence as to the commission of an offence .

Equally relevant, in my view, are Sections

28 and 29 of the Police Act, which provide respectively: “28: A superior police officer may by authority under his hand authorise any police officer to enter into any house shop, warehouse or other premises in search of stolen property and search therein seize and secure any property he may believe to have been stolen, in the same manner as he would be authorised to do if he had a search warrant and the property seized, if any corresponded to the property described in such search warrant”.

“29: A police officer may detain and search any person whom he reasonably suspects of having in his possession or conveying in any manner anything which he has reason to believe have been stolen or otherwise unlawfully obtained”.

Assuming the Searches Were Irregular, What are the Legal Consequences, if any?

In the event that DSS is shown to have overreached itself, in carrying out the searches/effecting the arrests, I believe the effect on the outcome, particularly the allegedly incriminating evidence purportedly recovered from their Lordships is provided for by Sections 14 and 15 of the Evidence Act, 2011 which provide as follows respectively: “14. Evidence Obtained:a. Improperly in contravention of a law or b. In consequence of an impropriety or of a contravention of a law shall be admissible unless the court is of the opinion that the desirability of admitting the evidence is outweighed by the undesirability o admitting evidence that has been obtained in the manner in which the evidence was obtained”.

Section 15 contains the matters to be taken into consideration by the court, in deciding whether to admit or exclude such evidence; the upshot of these (along with those of Section 14) is the trite principle of law that, evidence, which is relevant to any proceedings is not excluded merely because it was illegally obtained. See HARUNA v ATT-GEN. OF THE FED (2012) All FWLR pt. 632 pg.1617 @ 163 and SADAU v THE STATE (1968) 1 All NLR 125, where the Supreme Court held that a court can, in the interest of justice, exclude evidence which otherwise would be relevant taking into cognisance the circumstances of the discovery and production of such evidence. This takes us to the all-important question of ”Judicial Corruption”.

What is “Judicial Corruption?”

There is scanty judicial authority on the subject, but see R v. DURUIBE (1938) 4WACA 128, where it was defined as including “where a judicial officer corruptly give confers, or procures or promises or offers to give or confer or to procure or attempt to procure upon or for any judicial officer or any other person, any property or benefit of any kind on account of any such

act or omission on the part of such judicial officer”.

Sections 98, 98A, 98B, 98C, 98D of the Criminal Code deal with official corruption by “public officials” generally whilst Sections 115-123 of the Penal Code employ the terminology of gratification of public servants in connection with their official functions; they do not deal specifically with judicial corruption. However, Sec. 98D of the Criminal Code defines “public official” in Sections 98-98B thereof as including “any judicial officer within the meaning of Sec. 98C of the Code”.

Under the provisions of Section 98C & 1(i) of the Schedule to the Code, a judicial officer includes, Judges of the High Court (Federal and State), Justices of the Court of Appeal and Supreme court, Magistrates, members of Customary Courts, Juvenile Courts, Tribunals of Inquiry, an Arbitrator, Umpire, or Referees/Assessors. Finally, no prosecution for an offence under Sec. 98 et. seq. may be instituted against a judicial officer unless upon information signed by or on behalf of the Attorney– General of the Federation or of State; and a Judicial Officer cannot be arrested without a warrant for any of the offences under Sections 98-98C of the Code.

Conclusion Whilst the modus operandi of the DSS during the searches and arrests has been rightly condemned by all well-meaning members of the public, what is not so clear, however, is the possibility of successfully challenging it, particularly the allegedly incriminating evidence purportedly recovered therefrom.

As for the competence of DSS to conduct the searches or effect the arrests, I believe that this depends on whether allegations of judicial corruption can fairly be regarded as constituting a threat to internal security within the meaning of the National Security Agencies Act, and furthermore, whether the President has conferred the status of superior police officer on specified officers of DSS and that the searches/ arrests were affected at the behest of those officers.

Beyond this, however, I think a perceptible trend seems to have crystallised in Nigeria for some time now, of tarring all public officers with the same brush of corruption. I believe this trend echoes the truism in the restraint of the erstwhile Chief Justice of Nigeria, Hon. Justice Muhammadu Uwais, who opined in ATT-GEN OF ONDO STATE v ATT- GEN OF THE FED (2002) NWLR pt. 772 pg. 222 that corruption: “Is not a disease which afflicts public officers alone but society as whole. If it is, therefore, to be eradicated effectively, the solution to it must be pervasive to cover every segment of the society”.

Abubakar D. Sani Esq., Legal Practitioner, Kano.

18.10.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, What should I do about my older brother’s case?

He worked at a printing press for 13 years before he and two other staff died early this year after sustaining injuries while trying to escape from crossfire between the police and armed robbers as they were about to close from work.

The company took care of the hospital bills and other expenses until he eventually passed away after six days in the hospital. After that, nothing was heard from the management. Even at the burial, they didn’t send any representative. Only a few of his colleagues showed up to pay their last respects.

His widow and two children are now suffering and it’s a huge burden for the extended family members to take care of them, while the company has broken its promises to assist them.

A former staff of the company I ran into recently advised that I contact a lawyer to make the company pay some money to his widow. I don’t know if this is right.

Please your advice is needed. M.O., Lagos.

Dear M.O., The issue of compensation for employees who die while in the service of their employers is clearly provided for in the Workmen’s Compensation Act (Repealed by Employees Compensation Act), Laws

of the Federation 2004.

For compensation in fatal cases Section 4 provides that ‘Where death results from the injury and (a) the workman leaves any dependant wholly dependent on his earning, the amount of compensation shall be a sum equal to 42 months’ earnings; but where in respect of the same accident compensation has been paid under the provisions of section 5, 7, or 9 of this Act, there shall be deducted from the sum payable under this paragraph any sums so paid as compensation; (b) the workman does not leave any dependant wholly dependent on his earnings, but leaves any dependant in part so dependent, the amount of compensation shall be such sum, in any case not exceeding the amount payable under paragraph (a) of this section, as may be determined by the court to be reasonable and proportionate to the injury, to the said dependant; (c) the workman leaves no dependant, reasonable expenses commensurate with the last position held in his employment by the deceased, shall be paid by the employer.’

It is therefore absolutely necessary to ensure that you get a lawyer to contact the company to make sure they do the needful. When they fail or refuse to pay the compensation you would have no option than to file an action against them for the claim.

Unreasonable Bill A client who felt that his legal bill was too high, asked his lawyer to itemize costs. The statement included this item: "Was walking down the street and saw you on the other side. Walked to the corner to cross at the light, crossed the street and walked quickly to catch up with you. Got close and saw it wasn't you.

-$50.00."

Ounces of Brain for Sale A man goes to a brain store to get some brain to complete a study. He sees a sign remarking on the quality of professional brain offerred at this particular brain store. He begins to question the butcher about the cost of these brains.

"How much does it cost for engineer brain?"

"Three dollars an ounce."

"How much does it cost for programmer brain?"

"Four dollars an ounce."

"How much for lawyer brain?" "$1,000 an ounce."

"Why is lawyer brain so much more?"

"Do you know how many lawyers we had to kill to get one ounce of brain?"

You won't go to Jail A man who had been caught embezzling millions from his employer went to a lawyer seeking defence. He didn’t want to go to jail. But his lawyer told him, "Don’t worry. You’ll never have to go to jail with all that money.” And the lawyer was right.

When the man was sent to prison, he didn’t have a dime.

JUDICIAL CORRUPTION DSS GESTAPO INVASION OF JUDGES RESIDENCES: LAW, FACTS AND FICTION DSS as clearly spelt out in Section 3 of the NSA Act, without first amending the Constitution.

Furthermore, even assuming, without conceding, that DSS has the power to arrest and detain judges, for allegations of corruption, the breaking into the judges’ residences, wearing masks like armed robbers and gangsters at ungodly hours of the night, when things evil are perpetrated, and beating up some innocent relations found in the judges’ residences, even when DSS said they justifiably refused opening their doors for fear that they may be kidnappers, or other vice-perpetrators (having regard to their unusual aggressive dressing, behaviour and unprecedented crudity of operation), constitute gross abuse of power and a violent violation of the fundamental rights of such occupants. In any case, it was never demonstrated

by DSS that it made any request to occupants of the residences to open their doors as provided for by Section 12 of the ACJA, before they savagely broke down such doors, taking the suspects hostages, in the most demeaning and barbaric manner.

I agree that any judge found to have perverted justice or abused his privileges through corrupt practices should be brought to justice. But, this must be done within the precincts of our criminal justice system, which is accusatorial and not inquisitorial.

Furthermore, a sitting judge, who has not resisted arrest, nor was armed, must have his office accorded respect. Which of the present crops of politicians, with all the tons of allegations of corruption levelled against them, have received such deliberately calculated humiliation, debasement and dehumanisation?

Assuming also, without conceding, that the DSS had the power to so arrest the judges, what stopped them from quietly surrounding the residences to prevent any escape, and knock at the doors about 7 am, to affect the said arrest? Must it be done in the most atrocious

and barbaric manner? Are judges (even if later found to be corrupt after trial), not entitled to fair hearing and to be treated decently like human beings? Was that crude, grand and spectacular invasion of the judges’ residences a display of over-zealousness, or an obsequious playing to the gallery, on the part of DSS? While corrupt judges must get what they deserve, through due process of law, President Buhari must call the DSS to order. This is supposed to be a democracy, not a fascist, absolutist, dictatorial, tyrannical or totalitarian government. Corruption cannot be fought with corruption, for that becomes a worst form of corruption.

In Ghana, it took a journalist, Anas Aremyaw, two solid years under cover of investigative journalism, to gather audio and video evidence on corruption of 32 Senior Judges and Magistrates. This evidence was given to Justice Georgina Theodora Wood, the Chief Justices and Chairman of the Ghana Judicial Council (the equivalent of the NJC under section 193, which by the way, has been doing a self-deodorising job of cleansing the judiciary, unlike the Legislative and Executive arms that see, hear and talk no evil). It was the Ghanaian, Judicial Council that investigated the allegations through a five man disciplinary committee, and subsequently disciplined the judges. Those who are too eager to sidetrack the Constitution, bring odium, shame and international opprobrium to bear on Nigeria. When judges are criminalised, intimidated, disgraced and humiliated, it is a massive affront, frontal attack and coup against the entire judiciary, as other demoralised judges, rather than operate independently, will begin to defer to and hand down favourable judgments to, rampaging executive with the coercive apparatchik of State.

In the over 240 years of American’s democracy, only 15 Federal Judges have been impeached by the Senate after due process. Of these, only eight were convicted,

CONTINUED FROM PAGE 11

four acquitted, while three resigned before the outcome of the trial.

It is significant to note that all the judges involved in this degrading operation (erroneously termed “sting” operation, let DSS check out what a sting operation entails), had, at one time or the other, handed down unfavourable judgments against the Government. None who delivered judgments in its favour was ever targeted. You do not carry out a “sting” operation and still enter a wrong judge’s home, and rather than apologise, cart away his files containing draft judgments. Haba!

By the way, how was over N100m counted so quickly? Did DSS take counting machines to the homes? For how long are Nigerians sensibilities and dignity going to be assailed by these never proven, never demonstrated, never seen “recovered loot” from “corrupt” Nigerians, who “stashed ” them away in Dubai, USA, UK, Diezani Allison-Maduike ($90 billion, oh my God!).

Thomas Jefferson, founding father and Author of America’s 1776 Declaration of Independence, once declared famously, “when a government fears the people, there is liberty. When the people fear the government, there is tyranny”.

Let me conclude by quoting my mentor, late Chief Gani Fawehinmi SAN, who, in 2005, upbraided the EFCC, when 20 of its operatives wrestled, dehumanised and handcuffed Tafa Balogun, the then IG, who was standing trial: “I hope henceforth, the EFCC, ICPC and Nigeria Police will respect these Laws which govern the fundamental human rights of Nigerian citizens, where they are accused either inside or outside courts; it was clearly a breach of our Constitution and the African charter on Human and peoples rights... they must never repeat this barbaric, inhuman and unconstitutional act”.

I rest my case.

Chief Mike Ozekhome SAN, Constitutional and Human Rights Lawyer

14/COVER

18.10.2016

Corruption and the Nigerian Judiciary Matters Arising Joseph Bodunrin Daudu

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Introduction

n the night of the 7th of October 2016, between the hours of 10 pm and the wee hours of the next day, the Department of State Services (DSS), executing a carefully prepared script, invaded the homes of selected Justices of the Supreme Court of Nigeria in Abuja, Judges of the Federal High Court in Port Harcourt and Abuja and State High Court Judges in Gombe and Kaduna States. These judicial officers and their families had their sleep rudely interrupted, homes broken into, searches conducted and reputations tarnished. The Government agency that spearheaded this ordeal anchored these unorthodox actions, on the overriding and compelling necessity to eradicate corruption. It was put in the public domain, snippets of the crimes these judicial officers were said to have committed. By and large, since these strong arm tactics were employed, there have been a torrent of views on both sides of the aisle hotly debating the bona fides or otherwise of the actions of the DSS and its aftermath. In this discourse, it is intended not only to review the legality or otherwise of the steps referred to above, but also to find a lasting solution to the incidences of corruption in the Nigerian Judiciary.

There are many other ancillary issues that must be touched upon, such as the role of the National Judicial Council (NJC) and other stakeholders such as the Bar Association (NBA) in the fight against judicial corruption and the impact of public opinion on the evolving issues.

Was The Invasion Lawful?

The DSS is one of the many law enforcement agencies that exercise police powers in Nigeria. Others include, but are not limited to, the Nigerian Security and Civil Defence Corps, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Offences Commission, Nigerian Customs Service, Immigration Service, etc. However, the Nigerian Constitution by section 214-(1) provides that’ There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof. It is apparent that a sole Police Force is inadequate for the provision of public safety, health and accountability of a vast country like Nigeria.

Rather than amend the Constitution to remedy this gaping lacuna created by the constitutional insistence on ‘one police force’, the powers that be i.e. the Federal Government has created the afore mentioned law enforcement agencies with independent powers to track-down, investigate and prosecute crimes and criminals, in short, they exercise the same multi-police powers that the Constitution has expressly prohibited any other organisation, Federal or State, from exercising.

Undoubtedly, this will be the core issue when the suspect judicial officers are charged to court i.e. the lawfulness or legality of the Agency that carried out the ‘operation’ and is still threatening to carry out more arrests.

It is even more poignant, that it is the same Judiciary that is being hounded,

NBA President, Abubakar Mahmoud,

that will be called to determine these issues. The DSS says that it has incriminating evidence, some acquired during the contested searches conducted in the Judges’ residences. The question is will these exhibits be admissible in evidence despite the constitutional lapses highlighted above. According to the learned editors of the esteemed resource compendium CORPUS JURIS SECUNDUM, 22A,SS657, ‘It has been held in some jurisdictions, that all evidence obtained by search or seizure in violation of the constitution is by that same authority inadmissible in a state law. That where officers of State violate defendant’s constitutional right by obtaining evidence by search or seizure or by compulsion or duress, the evidence is inadmissible.

It has been said that it is beneath the dignity of the state and against public policy for the State to use for its own profit, evidence that has been unlawfully obtained, although frequently the circumstances surrounding the commission of the crime is such as to make the securing of proper competent evidence very difficult. The court does not approve of resort to illegal means to obtain evidence and have said that evidence so obtained is inadmissible’.

With regard to the Nigerian legal system, the general rule is that in criminal proceedings, any evidence which is relevant is admissible irrespective of how it is obtained. However, the age old rule of indifference to the manner by which evidence was obtained has given way to the provisions of Section 14 of the said Evidence Act which provides that where a piece of evidence is not rendered inadmissible by the mere reason of its being wrongfully or even illegally obtained, the court has the discretion to exclude any such evidence: if it is of the opinion that the undesirability of admitting it out weighs its desirability. In exercising this discretion provided for in section 14, the Evidence Act further provides for matters which the court should consider before admitting such piece of evidence in section 15 of the Evidence Act. The Dignity And Efficacy Of The Judiciary And Legal System In The Aftermath Of This Crisis The Judiciary is and has always been referred to as the 3rd arm of Government in the tripod consisting of the Executive, Legislature and the Judiciary. This is the hall mark of our preference or choice of democratic governance rooted in Federalism and Presidentialism. The 1999 Nigerian Constitution provides a unique framework for the management of a multi-

ethnic and religious society such as Nigeria. It indeed takes its root from the 1979 Constitution which was suspended mid-stream due to military impatience with the then flawed emerging democratic culture.

But as experience has shown, budding democracies must be allowed to correct itself through the will of the people and not from the forced barrel of a gun, or through the antics of pressure groups, whether styled as terrorists or militants or even social media pundits etc.

Change, which is the only constant in life, can only come through the realisation by the People that its time has come and that the existing system is not serving the objective that it was meant to serve. Modern day Nigeria, is recognised by the Constitution to be a State ‘based on the principles of democracy and social Justice’. (See section 14-(1) of the 1999 Constitution) The same Constitution declares that ‘sovereignty belongs to the people of Nigeria from whom Government derives its power and authority; and that ‘the security and welfare of the people shall be the primary purpose of Government’. (See section 14-(2) of the 1999 CFRN) These fundamental objectives of Government which are documented in sections 13 to 24 of the Constitution though not justiciable remains the cardinal point for the State to pilot the affairs of the nation.

The Judiciary in the face of limitations provided by the nonjusticiability of the constitutional provisions of the fundamental objectives and directive principles must discharge its functions provided by section 6- (6)- (b) of the 1999 CFRN which vests ‘Judicial powers in the designated courts to all matters between persons or between Government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person’. The essence of this provision is that the Judiciary is the designated body to determine the civil rights and obligations of Nigerians. It follows that all authorities inclusive of Government and all persons, artificial or real, are not above the courts and are indeed subordinated and obligated to obey and respect its determination. It is not for these Agencies and highly placed persons to make determinations as to who is corrupt or not, before they have been tried

in a law court. To do so as many highly placed Government officials have done in the course of the crisis amounts to a naked usurpation of the judicial powers of the courts, and a breach of the constitutionally guaranteed presumption of innocence of the judicial suspects.

It must be conceded and addressed, the fact that, going forward, there is a severe crisis of confidence in the judicial arm of Government. Do the courts meet the expectation of the people in the discharge of its primary responsibilities?

The answer is obviously in the negative.

The consensus is that the corrupt elements in the court system and the Bar have given the entire sector an almost irredeemable bad name. One of the measures to be embarked upon in order to restore the image and efficacy of this arm of Government, is the expulsion of Judges who have been proven to be corrupt, from the system. This can be achieved by or vide two routes; (a) the criminal investigation and trial route and (b) the Administrative or complaint based system of discipline. These avenues intersect one another and it is important, that, where a judicial officer is to be tried in a court of criminal jurisdiction, for such an officer to be suspended from his office. In that vein, the dignity of the office of a judge is not compromised by the criminal trial in progress. As it relates to administrative conduit for the discipline of judicial officers. That is a course exclusively preserved for the National Judicial Council by virtue of section 153, 160 and 291 of the 1999 Constitution. The end result of any disciplinary action is either a reprimand, suspension from office, compulsory retirement, placement on the watch list or dismissal. No other organisation inclusive of the DSS, EFCC, ICPC or even the Police ought to or can influence the NJC whilst discharging the afore described civil disciplinary process for judicial officers. The efficacy of reform measures to be embarked upon to steer the justice sector from the abyss of corruption, ought to be the main objective now. This is in addition to the reform of the appointment procedure for judicial officers, so that only the best and indeed, honest lawyers are appointed to the Bench.

Conclusion It has been suggested in some quarters that the crises currently bedevilling the judiciary has been orchestrated so as to obfuscate the problems of hunger, insecurity, unemployment and other ills afflicting the nation. This is most uncharitable as the crisis, combustible as it is, flared up, due to neglect of the fight against corruption within the Judiciary. Now that the fight is being championed from outside, a strong caveat must be entered, which is that (a) only constitutionally recognised statutory agencies should pilot the criminal aspects of suspected judicial corruption, (b) due process and rule of law must be complied with in the course of inviting or investigating a judicial officer, (c) stakeholders must be allowed to make inputs and contribute positively to the eradication of systemic corruption now engulfing the justice system. In conclusion, sad as the crises may be, it is clear that, it is stakeholders in the justice system that have brought this calamity on itself. Had the cankerworm of graft and corruption been exterminated from the system when decades ago it was boring into it, we would not be where we are today. All hands must now be on deck, to deal with the main objective, which is to restore the confidence of the Nigerian people in the Judiciary J.B Daudu SAN, Past President Nigerian Bar Association

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18.10.2016

Nigeria Judicial Officers Earn N8.6 billion Salaries and Allowances Annually

Justices of the Supreme Court

Ahuraka Yusuf Isah

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ontrary to recent media reports speculating various figures that the nation’s Judicial Officers earn annually, it has become necessary to lay bare in the public domain, what the jurists are paid or not paid.

A total of 1062 Judicial Officers, both at the Federal and State levels are on the pay roll of the National Judicial Council (NJC). While N2,256,351,435.33 ( that is, N2.3b approximately) was paid to the 248 Federal Judicial Officers including the Chief Justice of Nigeria in 2015, a sum of N6,398,303,106.64 (N6.4b approximately) was paid as salaries and allowances to 814 state Judicial Officers. In other words, both the Federal and State Judicial Officers earn the sum of N8.7b as salaries and allowances per annum in Nigeria.

A further breakdown shows that the 248 Judicial Officers comprise of the Chief Justice of Nigeria, other Justices of the Supreme Court, President of the Court of Appeal, other Justices of the Court of Appeal, and Justices of the Federal High Court, Federal Capital Territory High Court, National Industrial Court, Sharia Court of Appeal and Customary Court of Appeal and their heads. At the same time, the 814 States Judicial Officers are made up of 70 heads of court (i.e.36 Chief Judges, 17 Grand Khadis and 17 Presidents of Customary Court of Appeal); and 744 Judicial Officers.

By virtue of the ‘’Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’, CJN’s annual basic salary is N3,353,972.50 (or N279,497.71 monthly), while other Justices of the Supreme Court receive N2,477,110.00 as basic annual salary or N206,425.83 monthly. These earnings are exclusive of tax. By the time other allowances are posted, the CJN and other Justices of the Supreme Court receive monthly salary alerts of N480,766.89 and N751,000 respectively, in their bank accounts. The CJN’s net monthly salary, is even lower than his Lordship’s Brother Justices, because of deductions made on account of other monetary and material provisions such as food items, which are provided for him by the Federal Government.

Again, among the misconceptions given in the dailies, were such that Judges are paid furniture, leave, and accommodation allowances on a monthly basis. Judges stay in the government quarters and cannot at the same time be paid accommodation allowance. Furniture allowance is paid every four years, while the leave allowance is paid annually. The car loan facility also added in their calculations is optional; it is a benefit noticed more in the papers than the beneficiaries.

Come to think of it, out of N73 billion appropriated for the Judiciary in 2015, the State Judiciary's recurrent was

N10.77b and that of the Federal was N41.60b; adding up to N52.33b as total recurrent. The capital for the Federal was N16.92b, the capital for the State Judiciary forms part of the State government budgets.

Behold, if the Nigerian Judicial Officers gulp up N33.47b out of N52.33b, what then, is left to absorb the overheads, salaries and wages of the administrative staff of the Courts, National Judicial Council, Federal Judicial Service Commission, National Judicial Institute, Legal Practitioners Privileges Committee, Body of Benchers and so on? Take for instance, in 2015; N7.00b was appropriated for the Supreme Court by the National Assembly. Out of that, while N304,137,542.21 was budgeted for the ‘’consolidated salary of Justices’’ of the Supreme Court, N1,122,909,366.76, N2,795,953,091.03 and N2,777,000,000.00 were budgeted for the Supreme Court staff salary, overhead and capital respectively. In other words, the Supreme Court staff salary appropriation was almost four times that of the Justices of the apex court.

The Court of Appeal in the same 2015 appropriation, got N11.10b, which was made up of N1.214b consolidated salary of Justices of the Court of Appeal, N2,699b personnel, N4.699b Overhead (including Election Tribunal) and N2.496b capital.

These are the patterns of disbursement with the Federal High Court, Federal Capital Territory High Court, National Industrial Court and Customary Court of Appeal (FCT) that got N12.1b, N7.0b, N5.6b and N3.05b respectively. It is therefore, questionable to say that N33,47b was incurred by the CJN and the rest of Judicial Officers annually out of the miserable budgetary figures appropriated for the Judiciary year after the year. When one even ventures to compare the salaries and purchasing power of Nigerian Judges and their counterparts abroad and in some African countries, what he or she observes could be highly appalling.

In the United State of America, while the Chief Justice John Roberts earns $255,500 (or N118,807,500) per year, the eight associate justices earn a healthy pay of $244,400 (N113, 646,000). The current salary for Supreme Court justices in US is significantly higher than the average salaries earned in related occupations. In 2010, the median salary for all judges and magistrates, regardless of level, was $119,270 (N55,460,550). Federal circuit judges earned an average of $184,500 (N85, 792,500). Lawyers earned a median of $112,760 (N52, 433,400) annually.

As of 1 April 2010, in the UK, Justices of the Supreme Court, including the Deputy President, were in Group 2 of the judicial salary scheme, with an annual salary of £206,857 (N123,700,486). This is the same group as the Chancellor of the High Court, Lord Justice Clerk, President of the Family Division and President of the Queen's Bench Division.

The President of the Supreme Court, Lord Chief Justice of Northern Ireland, Lord President of the Court of Session and Master of the Rolls make up Group 1.1 of the scale on £214,165 (N128,070,670), below only the Lord Chief Justice

of England and Wales, who earns £239,845 (N143,427,310).

In South Africa, according to the latest report of the Independent Commission for the Remuneration of Public Office Bearers, chaired by Judge Willie Seriti, judges in the high and labour courts earned annual salaries of R1.4-million (or N46.9m). Judge-presidents (heads of court) pocket R1.6million (N53.6m) a year, Constitutional and Supreme Court judges get R1.7-million (N56.9m) and the Chief Justice earns R2.3-million (N77.0m), which is a far cry from what obtains in Nigeria.

The package of the President of the Supreme Court is just over R2-million a year. When they retire, judges are entitled to continue drawing their salary and other benefits, which continue to qualify for an annual increase.

Doubtless, these princely sums would be quite inconceivable in Nigeria, yet on average, our Justices handle more than five times the number of cases that these other Apex Courts adjudicate over. If one was to contextualise this further, the purchasing power of our dear Naira is quite poor, when compared with what is obtainable in these other countries.

As such making a comparison will be like comparing Apples and Oranges, chalk and cheese.

It may as well be surprising to note that John Roberts, the 17th and current Chief Justice of the United States is just 61 years old. He took his seat on 29 September 2005, having been nominated by President George W. Bush, after the death of Chief Justice William Rehnquist. And except by incapacitation, death or impeachment, he will hold this position for life. In contrast, the CJNs and the Justices of the Supreme Court mandatorily vacate the Bench at 70 years of age; even when they are physically fit and proper to compete with J.J.Okocha on the football pitch. Worst still, they are denied by our laws from going back to the Bar to practice, but rather, left to be soliloquising in the daytime and counting the stars in the night, till the Lord demands for the return of his lordship.

Shortly after Honourable Justice Olufunlola Adekeye retired from the Supreme Court on 28 October 2012, she said that after 36 years in the service of the judiciary, she can’t look at a house she can go to as her own. And that is the fate of so many retiring Judicial Officers, except the few that were privileged to be heads of court. Also, during a valedictory court session held in his honour, Justice Adamu Bello , the erstwhile Justice of the Federal High Court , Abuja, fingered poverty and lack of welfare package for judges as key factors behind the spate of judicial impunity currently ravaging the country.

It is therefore not just dangerous to underfund the Judiciary, but it is even more dangerous to input a hypothetical and gargantuan figure of N33.47b as the nation’s Judicial Officers yearly earnings;when in the real sense they are paid N8.6b annually.

Ahuraka Yusuf Isah, Media Aide to the Chief Justice of Nigeria

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BUSINESSWORLD

INDUSTRY

Catapulting Nigeria into a Dairy Giant Crusoe Osagie discusses Friesland Campina WAMCO’s foresight in its initiative to drive local production of milk Former president, Olusegun Obasanjo, recently advised Nigerians to quit lamenting over the economy which is now in shreds.

He urged Nigerians to take action instead of just complain. Love Obasanjo or hate him, this advice from him is critical to the nation’s survival and must be heeded.

As for FrieslandCampina WAMCO however, the company did not wait for the economic logjam before it began to take steps to wean its business and indeed the nation’s dairy industry off total dependence on imported inputs.

Since 2012, or slightly earlier, when Nigeria earned premium prices from its hydrocarbon assets, FrieslandCampina WAMCO was able to see beyond the nation’s pseudo economic security and began to plan for sustainability in the dairy industry for both itself as a company and the economy as a whole in the rainy days that were ahead.

In this regard, this frontline milk producer had launched a Dairy Development Programme (DDP) in Shonga Dairies in Kwara State to harness local sourcing of milk in Nigeria.

“Our aim is to support the federal government’s initiative to develop dairy farming in Nigeria by providing the required technical know-how on milk production to Nigerian farmers and also provide the necessary market for the farmers, “Bob Steetskamp, the company’s CEO at the time said.

Today, with the current economic realities, the dairy giant’s decision to drive the DDP is almost prophetic. Operators in different sectors of the economy are scrambling for scarce foreign exchange to import raw materials and many of them are now beginning to consider programmes similar to the DDP which FrieslandCampina WAMCO conceived nearly five years earlier.

In keeping the corporate promises made by its Global CEO, Mr. Roelof Joosten, when he paid a courtesy call on President Muhammadu Buhari earlier in August this year at the Aso Villa, Abuja, the company has intensified and sustained its dairy development programme (DDP), which successful pilot in Oyo State may soon be replicated in choice small-holder farm settlements across Nigeria.

This is with the full backing of Royal FrieslandCampina, The Netherlands. Already, two Dutch experts, at the behest of FrieslandCampina, visited Nigeria in September to inspect the DDP facilities in Oyo State.

They are Imke de Boer, Professor of Animal Science, Wageningen University, The Netherlands, and Janine Luten, Managing Director Wageningen Academy. While in Nigeria, they held cooperation talks with their counterparts at the University of Ibadan to formalise ways of training local dairy professionals.

The dairy giants have announced plans to shoot up its local content contribution into dairy production to 10 per cent over the next five years, noting that this move was borne out of the need to explore and exploit the untapped natural endowments in the country.

The Corporate Affairs Director, FrieslandCampina WAMCO, Mrs. Ore Famurewa, explained that the company currently doing 3 per cent of local content contribution, believes that in no distant time, would surpass its 10 per cent target, stating that the company has an existing partnership with the Federal Ministry of Agriculture and Rural Development (FMARD) to support dairy development in Nigeria.

In her words: “We plan to meet 10 per cent local content contribution in the next five years, but it has been very challenging.

We have signed an MoU with the Federal Ministry of Agriculture to support us in our dairy development programme. Presently, we are at 3 per cent because dairy development is a gradual process, but for us, slow and steady we would surely win the race.”

Famurewa during a field trip to the company’s facilities in Ibadan, to give journalists first hand experience on how it produces milk from farm to glass, said most milk producing companies do not source half of

Global CEO, FrieslandCampina WAMCO, Mr. Roelof Joosten, with President Muhammadu Buhari their percentage of raw milk from locally, saying that the company had so far spent over N4 billion on its Dairy Development Programme (DDP) designed to safeguard food and nutrient society in Nigeria.

She said: “We are not only about making profits, but balancing between profit and philanthropy and this is an agenda that we have really pushed forward because we believe strongly in supporting every country where we operate in. We have also being very forward looking in driving local content on milk in the various countries we operate.

Many other oil producing countries have all started dairy development for many years, so for us in Nigeria, we thought we should also despite all of the key challenges the country is facing, we thought it is highly necessary to also start a dairy development programme in Nigeria.”

According to her, A lot of people in the country have complained about Fulanis going into their farms to graze, causing mayhem, but overtime we have been able to reduce this menace in Oyo. We are working not only with the Fulani farmers, but also with

We have been working with the Fulanis and based on our experience in other countries, we have cross breeds that would increase milk production

the indigenes as well. We have been able to train these farmers to supply quality raw milk to us and of course, they have been able to earn a living. It is important to let as many people as people to know about the success stories of the DDP so that other dairy companies can borrow a leaf to ensure sustainable local and inclusive business model across Nigeria.

We have started with Oyo, but have plans to expand because we believe that dairy development will be a national programme.”

Also speaking at the event, the Research and Development/ Dairy Development Manager, Mr. Lawrence Inegbenoise, said the DDP is aimed at addressing the challenge of ageing farmers across the country, scarcity of natural resources and the fast growing population.

We believe the way to address these challenges is having DDPs across all our regions.

“We have been working with the Fulanis and based on our experience in other countries, we have cross breeds that would increase milk production. We have started with the Fulanis and the next step will be having a crop of young graduates that would be trained as small holders dairy farmers in clusters to get the entire infrastructure needed to boost our operations in dairy production,” he said.

He pointed out that the company had built infrastructure in order to ensure quality assurance, by deploying the use of cold chain systems which he said regulates the timing of milk due to the short shelf life of the product.

“Milk has a 2 hour shelf life and as a result of this, we make sure after getting our milk from these farmers, we take it to our cooling centers to ensure quality. We also train these farmers on hygiene and everything on how to handle their cows and milk. We tackle quality from the cow up till it gets to our facility here in Lagos. We have trained the farmers to the extent that they know when the milk is good,” he added.

He noted that the company provides extension support services to get improved productivity from the cows, supports cooperatives to improve their milk quality and food safety of their products and creates access

to market to sell their products.

“Our role is to see how we can support these farmers at one end and help to refurbish their systems to global best practices. We believe that to grow sustainably, we must take care of the growing population, address ageing farmers and avoiding conflict by managing land. If we continue to have fulanis moving around, land will continue to be a problem, but if we are able to settle them in the small holder dairy development idea, then it is possible to address conflict. In the Netherlands, the cows graze in their stables and they are very big producing about 40 litres daily. If the cows are happy and relaxed they produce very good milk and this is what we are hoping to make possible in Nigeria The event also saw its professional European partners from the Netherlands, Professor of Animal Science, Wageningen University, Imke De Boer and the Managing Director, Wageningen, Ms. Janine Luten, expressing their delight about the DDP, noting the initiative would bring the company closer to the local community. De Boer said the investment are aimed at improving the social status of the population, urging indigenous companies to increase their investments in local production rather than importing most of what it has the capacity to produce. ”We are very impressed about the investment made by Friesland WAMCO made and its efforts in trying to actually work together with the local community because at the end these investments are aimed at improving the social status of the population. Nigeria should invest in local production rather than importing and I think the investment is a very good start. We believe we can share our knowledge with the local farmers because they know the local situations. We want to identify the areas where we can share our knowledge. We will be at the University of Ibadan to train young professionals in local dairy production,” she said.

She advised that priority should be given to development of Infrastructure, maintaining that infrastructure is vital to scale up dairy development in the country.

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INDUSTRY

Eromosele: Nigeria Has Less than 30 Welding Engineers Welding as a profession is a highly misconstrued by Nigerians who associate it with roadside artisans. Mr. Sunny Eromosele, a big player in welding in the oil and gas industry, in this interview with Segun James, shed some light on why the government must support this less fancied aspect of the engineering profession. Excerpts: Welding and welders are synonymous and most people are confused about who is a welder and what welding engineering is all about, can you tell us what it is all about?

Well, it is not unusual for people to confuse what welding is all about. To most people, it is all about the artisans who practice their trade along the streets. But welding is more than that. The welding industry is a very expensive, highly technical and technology based industry.

The industry is the backbone of all engineering activities as all aspect of engineering involves welding in one form or the order.

But then not just engineering, but other areas such as medicine and agriculture have a lot to do with welding. So, welding is very expensive to run. It involves a lot of activities the technology to the equipment, personnel down to fabrication itself which is the aspect that people associates with welders. It is a very complicated industry. But unfortunately, the industry is still in its infancy in Nigeria.

A lot of Nigerians do not know that training welding personnel is very expensive; also, a lot of people still associate welding with artisans, those by the roadside. But they don’t know is that there are several forms of welding activities which requires only highly trained and competent welding professionals to handle.

People don’t know that the aeroplane and the cars they ride are coupled together by the welding professional. Only a few people are aware or know that is done from the artisanal level to engineering level. How many know this?

Until about five years ago, all welding activities in the highly technical and hi-tech industry such as oil and gas operation are done by imported welding personnel from places such as India and the Philippines at very exorbitant cost to the country because there were practically no qualified Nigerians competent enough to do the job. But today, the trend is reversing with the aggressive activities of the Nigerian Institute of Welding (NIW). The International Institute of Welding (IIW) only recently granted the NIW a status of an Authorised National Body (ANB) to train all levels of welding personnel in-country and to regulate welding activities in Nigeria.

What has been the relationship between Mudiame Welding Institute and the NIW since you were granted the status of an Authorised Training Body (ATB) by the NIW? The relationship has been mutually benefitting.

The NIW as the authorised regulating body to establish and monitor the ATBs in the country of which our institute is one has been doing a wonderful job. The relationship has been very collaborative and very beneficial.

The oil and gas industry in particular use lots of highly skilled and competent welding personnel, what has been the level of Nigerians participation in this industry as relating to welding?

Well, the situation is looking up and better. The setting up of the Nigerian Content Development and Monitoring Board (NCDMB) has actually made it possible for more Nigerians to participate in the industry. In the past, 100% of welding engineers were imported into the country. The procedures were also taken out of the country to be tested and analysed. That was the situation, but today, with the local content law and the policy of the federal government to localise some activities in-country, we have been able to change this and ensure that a great deal of welding fabrication activities are now done in Nigeria. It is a major step for the industry, but we have not really gone far.

to establish a testing facility that qualifies all welded materials in Nigeria to about 95 percent in most types of metals, be it alloy, carbon steel. So whatever welded materials available, the testing aspect can be achieved up to 95 percent in Nigeria. We have also been able to certify some international welding professionals in Nigeria.

What does it take to be an International Institute of Welding certified welding professional?

The IIW program is an international programme that is the standard the world over. For you to be qualified as an International Welding Specialist, Welding Technician, Welding Technologist or Welding Engineer, you must be qualified with a minimum of a diploma in this field. You will b required to undergo a lot of training hours in specific welding processes that you want to specialise upon. But unfortunately, the cost of the training remains a major challenge because as at today, we do not have the instructors’ in-country. We still bring them from abroad to take these courses. With the slump in the economy and the high cost of dollar to the naira, the cost is getting beyond us. Put simply, the cost is huge and expensive.

Eromosele What percentage of participation will you say we have gone so far?

The truth is we have really nudged up, but we are yet to see our people participating at the top level as welding engineers where all the decisions relating to the industry are taken. However, we are moving up gradually as we have been able, through the Nigerian Institute of Welding, to train some welding professionals to engineer level. Right now, confidence is what we are building with the hope that they will allow some of them to at the same level as the expatriates. But for

Another low point is that we do not have a single university in Nigeria today offering training in welding engineering

me, i must admit, we still have a long way to go, especially in the oil and gas industry.

As a major player in the industry what is your background?

My background is in Computer Science, the subject i studied at the University of Calabar.

But I have been in the oil and gas industry as a businessman in the last 15 years, especially in the quality control as aspect of the industry.

In the course of my relationship and operation in the oil and gas industry, I identified a gap in human capacity in welding which I observed is being done by Indian and Filipino people, majorly. Also detected was that testing, a major aspect of welding activity was being done outside the country. This motivated me to establish a testing laboratory in the country.

In the course of this, I discover that we do not have the manpower and competence to run the laboratory which is a very crucial aspect of welding activities. It was also this that led to the establishment of the Mudiame Welding Institute to train the personnel to handle the laboratory and support it.

It was at this point that the collaboration between Mudiame and the NIW began. Now, test activities can now be done in-country instead of it being exported abroad as in the past.

How far have you being able to go We have not gone too far. But I must admit we have done very well so far given the fact that we are just moving into this aspect of the industry. As at today, we have been able

What are the major challenges you face as a player in the industry?

One of our major challenges is the sponsorship of competent welding personnel to international level. As at today, I have personally sponsored four welding engineers abroad to undertake complex training so as to come back home and train other Nigerians. What we need urgently is government and industry support and involvement by way of sponsorship. As you know, if there are no government support it will be very difficult to get more Nigerians trained to take over the industry as we want.

For example, in India, the government is fully responsible for the training of welding personnel in the country as it gives the training bodies money to subsidise the cost of training.

Today, if you look all over the world, you have Indian welding professionals everywhere. In fact, they along with the Filipinos make up a great proportion, over 90 percent of welding professionals in Nigeria. Is it not lamentable that we don’t have up to 30 Nigerian welding engineers to service the entire country? The gap is huge. And until government comes to support the programme, it will be very difficult.

What is the future for the industry?

In respect to training, the Nigerian Institute of Welding is doing a fantastic job, most especially with its setting up its centre for welding excellence and facility in Obayantor, Benin City in Edo state. This a great stride forward. The facility also has a laboratory of the highest international standard donated by the Shell Petroleum Development Company.

It is a step in the right direction. To complement this, we have also established a training school in Irrua, Edo state. With this, I think the future is bright for Nigeria in the oil and gas industry.

Another low point is that we do not have a single university in Nigeria today offering training in welding engineering. Yet, welding is the backbone of all aspect of engineering.

Luckily this is a challenge that my organisation, Mudiame International Limited is taking up by establishing the Mudiame Welding Institute.

I assure you that with what we are doing, in the next three years, we would have made a great stride in our quest to Nigerianise the industry such that the continued influx of Indians and Filipinos into Nigeria would be drastically reduced.

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T H I S D AY • TUESDAY, COCTOBER 18, 2016

PROPERTY & ENVIRONMENT Legally Binding Agreement Reached to Curb Ozone Depleting Substances Last Saturday in Kigali, Rwanda, countries signed legally binding agreement to curb some powerful greenhouse gases known as hydrofluorocarbons (HFCs), largely used as fuel in airconditioning and refrigeration. Environmentalists regard this development as the largest climate breakthrough since Paris pact, reports Bennett Oghifo

T

he United Nations Environment Programme (UNEP) stated that 200 countries have struck a landmark deal to reduce the emissions of powerful greenhouse gases, hydrofluorocarbons (HFCs), in a move that could prevent up to 0.5 degrees Celsius of global warming by the end of this century.

The Montreal Protocol...

This initiative comes under an amendment to the Montreal Protocol signed at a meeting in Kigali, Rwanda last Saturday. Adopted in 1987, the Montreal Protocol on Substances that Deplete the Ozone Layer is the most successful UN environmental agreement in history. Ratified by 197 parties, it has led to a 98 per cent decrease in the production and use of ozone-damaging chemicals, helping the ozone layer to start recovering, saving an estimated two million people each year by 2030 from skin cancer and contributing to mitigating climate change.

The amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is the single largest contribution the world has made towards keeping the global temperature rise “well below” 2 degrees Celsius, a target agreed at the Paris climate conference last year, according to the United Nations Environment Programme (UNEP) Introduction of HFCs...

The chemicals, collectively known as Hydroflurocarbons (HFCs), became popular as replacements for ozone depleting chemicals known as Chloroflorocarbons (CFCs), which include; CFC, Halons, CTC, and Methyl Bromide, among others.

CFCs are used in refrigeration, foam making, and as aerosols; Halons are used in firefighting; CTC is used as a cleaning and process agent in industries; while Methyl Bromide is used for preservation of grains and soil fumigation. Most ozone depleting substances are also powerful greenhouse gases because they trap heat and cause global warming.

Nigeria’s efforts...

Nigeria and other nations attained the zero consumption target of January 1, 2010, set by the international community to stop the use of CFCs. Nigeria stopped the importation of CfCs while countries that were producing CfCs stopped

new innovations and products will allow us to phase out HFCs even faster, and at lower cost.”

According to UNEP, the rapid growth of HFCs in recent years has been driven by a growing demand for cooling, particularly in developing countries with a fast-expanding middle class and hot climates. The Kigali amendment provides for exemptions for countries with high ambient temperatures to phase down HFCs at a slower pace. “It is not often you get a chance to have a 0.5-degree centigrade reduction by taking one single step together as countries – each doing different things perhaps at different times, but getting the job done,” said US Secretary of State John Kerry.

“If we continue to remember the high stakes for every country on Earth, the global transition to a clean energy economy is going to accelerate.”

Phase down schedule...

Following seven years of negotiations, the 197 Montreal Protocol parties reached a compromise, under which developed countries will start to Minister of Natural Resources, Republic of Rwanda, Dr. Vincent Biruta gavels the adoption of the Kigali phase down HFCs by 2019. Developing countries Amendment to the Montreal Protocol in Rwanda... recently will follow with a freeze of HFCs consumption with Saturday’s agreement in Kigali. levels in 2024, with some countries freezing and those that were exporting also stopped.

The nation’s ability to meet the deadline followed “Last year in Paris, we promised to keep the consumption in 2028. By the late 2040s, all strategic and extensive training and enlightenment world safe from the worst effects of climate countries are expected to consume no more campaigns carried out by the Ozone Programme change. Today, (Saturday) we are following than 15-20 per cent of their respective baselines.

Implementation and Management Unit (OPIAMU), through on that promise,” said UN Environestablished by the federal government and the ment Chief, Erik Solheim, in a statement by Financing and alternatives to HFCs...

United Nations Development Programme (UNDP) the United Nations Environment Programme. Countries also agreed to provide adequate “This is about much more than the ozone financing for HFCs reduction, the cost of which in 2004. OPIAMU, which was headed by Dr. David Omotosho, was set up to work under layer and HFCs. It is a clear statement by all is estimated at billions of dollars globally. The UNDP to implement the National CFC Phase- world leaders that the green transformation exact amount of additional funding will be agreed out Plan, with the stoppage of production and started in Paris is irreversible and unstoppable. at the next Meeting of the Parties in Montreal, It shows the best investments are those in clean, in 2017. Grants for research and development exportation of CfCs. of affordable alternatives to hydrofluorocarbons Besides robust training conducted under this efficient technologies.”

Commonly used in refrigeration and air will be the most immediate priority. programme, several recovery and recycling Alternatives to HFCs currently being explored machines were distributed to representatives conditioning as substitutes for ozone-depleting of companies that use CFCs across the country substances, HFCs are currently the world’s fastest include substances that do not deplete the ozone growing greenhouse gases, their emissions increas- layer and have a smaller impact on the climate, by the country office of the UNDP. However, a report launched in 2011 by the ing by up to 10 per cent each year. They are also such as ammonia or carbon dioxide. SuperUN Environment Programme (UNEP) projected one of the most powerful, trapping thousands efficient, cost-effective cooling technologies are that by 2050 HFCs could be responsible for of times more heat in the Earth’s atmosphere also being developed, which can help protect the emissions equivalent to 3.5 to 8.8 Gigatonnes than carbon dioxide (CO2), said UNEP. “The climate both through reducing HFCs emissions (Gt) of carbon dioxide (Gt CO2eq), comparable faster we act, the lower the financial costs will and by using less energy.

The Kigali Amendment comes only days after to total current annual emissions from transport, be, and the lighter the environmental burden on our children,” said President of Rwanda two other climate action milestones: sealing the estimated at around 6-7 Gt annually.

Paul Kagame. international deal to curb emissions from aviation “That begins with a clear signal that change and achieving the critical mass of ratifications Kigali agreement...

That UNEP projection came sooner than expected is coming and it is coming soon. In due course, for the Paris climate accord to enter into force.

Lagos Should Consider Recycling of Wastes, Energy Generation Bennett Oghifo

air quality can cause short-term eye, nose and throat irritation as well as headaches, dizziness and fatigue. It can also exacerbate the effects of asthma, particularly in children. Over time, this exposure can lead to respiratory disease, cardiovascular disease or even cancer.”

The narrative here is that pollutants from these dumpsites may not only prove a problem in the immediate vicinity of these sources but can travel long distances. “Generally if you are young and in a good state of health, moderate air pollution levels are unlikely to have any serious short term effects. However, elevated levels and/or long term exposure to air pollution can lead to more serious symptoms and conditions affecting human health. This mainly affects the respiratory and inflammatory systems, but can also lead to more serious conditions such as heart disease and cancer. People with lung or heart conditions may be more susceptible to the effects of air pollution,” The World Health Organisation (WHO) said, “Urban outdoor air pollution is estimated to

O

ver the years, the Lagos State Government has spent billions of naira on waste management.

Regardless, there are still mountains of rubbish in different parts of the city that have refused to go away, because of the unmatched speed at which solid waste, particularly is generated.

Besides having trash hills as major concern, there are nagging mole hill of rubbish in various neighbourhoods, even in those considered as highbrow areas. It always offends the sensibility of those who understand how waste is handled elsewhere, particularly in big cities with the same dense population as Lagos’.

The unbearable stench from these dumpsites envelops the air and cuts off oxygen in the neighbourhoods, leaving families in these areas with chronic respiratory diseases. Doctors have testified to the increasing cases of these diseases, particularly Asthma and bronchitis. These are life-threatening ailments that cause casualties subliminally. Poor air quality has also been

: Unsorted waste in Lagos’ neighbourhood

determined to cause high blood pressure. Ac-

cording to scientists, “Exposure to poor indoor

Continued on page 30

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T H I S D AY • TUESDAY, OCTOBER 18, 2016

PROPERTY & ENVIRONMENT

Lekki Gardens Repositions, Unveils new Technical Structure Fadekemi Ajakaiye Lekki Gardens Estate Limited, has strengthened its technical team to ensure timely delivery of quality and affordable housing to its esteemed clients.

To achieve this, the company has engaged topnotch consultants and contractors in different aspect of the construction value chain as work recommences across all its project sites after carrying out due system and process overhauling.

Speaking at a special media parley held in Ikeja GRA, recently, the Managing Director/Chief Executive Officer, Lekki Gardens Estate Limited, Mr. Richard Nyong disclosed that the company embarked on a strategic overhauling of its business, processes and people to enable it deliver a better housing experience to its clients.

“In the last six months, we have taken time to review and strengthen our technical structure, today Lekki Gardens now boasts of a solid technical team with qualified and experience professionals to deliver a world-class housing experience to our clients. Also, Lekki

Gardens now works with the ‘best in class’ among building and construction consultants and contractors in Nigeria” he said.

While assuring the clients and stakeholders of the company that their investment is safe and appreciating in value in spite of the current economic downtown, Mr Nyong revealed that despite the temporary setback, the company remains economically viable and liquid without any form of indebtedness to any bank. He revealed that the accounts of the company have been audited and certified satisfactory by Ernst &Young - a global auditing firm.

Richard Nyong used the medium to announce the appointment of Mr. Andrew Jibunor, a seasoned and experienced building and construction expert with experience spanning decades working with the biggest players in the industry as the Chief Technical Officer (CTO) for Lekki Gardens. He also stated that the company has made other key appointments in other departments of the company.

He explained that while work has started in some of Lekki Gardens sites, he stated that

work would commence fully across all project sites by the end of October. He appealed to the clients for their understanding as the delay in delivery is warranted by the restructuring which would ensure that the company deliver world class

quality housing.

Also speaking at the event, the new Chief Technical Officer (CTO), Mr. Andrew Jibunor stated that the company has put in place some policies including Quality Management, Planning & Coordination as well

as Health, Environment and Safety all in the pursuant of the global best practice.

Jibunor said “In line with the mandate of the technical team, we are leaving no stone unturned in ensuring best quality standards at every

stage of the building process.

Our new process ensures that every project passes through a more rigorous procedure of monitoring, supervision and approval to ensure that we deliver a unique housing experience for our clients.”

L-R: Chief Technical Officer, Lekki Gardens Estate Limited, Mr. Andrew Jibunoh; Chief Executive Officer, Mr. Richard Nyong; Board Chairman, Mr. Arobo Kalango; and Chief Operating Officer, Mrs. Christy Amida at a special media parley held by the company in Lagos... recently

Prepare Buildings in Nigeria for Possible Earthquakes, Says BCPG Bennett Oghifo The perception that Nigeria is safe or far from seismic active regions is no longer tenable, Building Collapse Prevention Guild (BCPG), has said.

According to a statement signed by the President of BCPG, Bldr. Kunle Awobodu, and their Publicity Secretary, Arc. George Akinola, Shaki in Oyo State had been subjected to intermittent earth tremors this year and that this climaxed in the first week of June, 2016.

“Barely a year when Building Collapse Prevention Guild (BCPG) drew the attention of the world to the possibility of Nigeria experiencing earthquake and the need for the Nigerian government to be proactive by reducing the spate of substandard building construction across the nation, mild earthquakes, recently, occurred in parts of Oyo, Bayelsa, Rivers, and Kaduna states.

“Vibrations accompanying the earth tremors resulted in the collapse of mud houses and infliction of visible cracks in modern buildings within the affected areas. “This development has clearly ossified the harbinger on the possibility of Nigeria having an earthquake induced disaster in the near future.”

The group said communities in Bayelsa and Rivers States on July 10, 2016 had a similar experience but that in this case it was due to prolonged effect of oil exploitation. Records from the seismological station of the Centre for Geodesy and Geodynamics (CGG), they said show that the earthquakes that occurred in Kwoi area of Kaduna State on 11th and 12th of last month ranged from

2.8 to 3.1 in magnitude.

They said Shaki and Kwoi towns are not far from the Ifewara - Zungeru fault Zone, which is linked with the Atlantic fracture system. “The fault transcends the South-West and North-West of the country, thereby making that stretch of land susceptible to seismicity due to stresses generated within the earth-crust, that is, partial reactivation of fossil plate boundaries.

“Earth tremors occurred in Nigeria in 1933,1939,1964,198 4,1990,1994,1997, 2000, 2009, 2011 and now 2016. A series of earth tremors might not necessarily lead to the high intensity earthquake, a reason that should douse our fears.”

However, they said a study carried out by Dr. Adepelumi Adekunle Abraham of the Department of Geology, Obafemi Awolowo University, Ile- Ife and his team of researchers exacerbated the portentous signs in the following grim words, “After the earth tremor of 2009 in South-Western Nigeria, (which) was felt in several towns and villages in Oyo, Osun and Ogun States, a detailed short-term probabilistic earthquake prediction was carried out by our team, our findings indicated the probability of earthquake occurrence in the study area between the year 2009 and 2028 increased from 2.8% to 91.1%.

The result also showed that the probability of three events occurring annually has the highest likelihood within the predicted years. Also, found that the Weibull probability density model predicts a damaging earthquake (Magnitude 5) before year 2020.”

Clean Up of Shanties and Illegal shops at Ilubirin area and some illegal car garages along Kingsway road, Ikoyi, was carried out by men of Lagos State Ministry of the Environment sanitations and compliance task force, in Lagos yesterday

LAGOS SHOULD CONSIDER RECYCLING OF WASTES, ENERGY GENERATION cause 1.3 million deaths worldwide per year. Children are particularly at risk due to the immaturity of their respiratory organ systems. Those living in middle-income countries disproportionately experience this burden. Exposure to air pollutants is largely beyond the control of individuals and requires action by public authorities at the national, regional and even international levels.”

Recycling as alternative...

Lagos, like New York in the United States of America is a huge melting pot with growing population of diverse people that generate wastes every second. Lagos’ population is put at about 21 million with a population density of 13,405/ sq.km and the New York, fondly called The Big Apple, has a population of 23 million with a population density of 10,833/sq.km.

While New York with its huge population has been able to successfully handle the massive amount of waste generated daily, Lagos on the other hand, is struggling with

storage, collection and disposal of her waste. New York can boast of about 120 landfills which are being used to the optimal capacity, Lagos has only six landfills with only three (Olusosun, Abule - Egba and Solous) of the six functioning, which is 20 times less than what New York has despite the same population count. This is grossly inadequate for Lagos considering that she generates approximately the same amount of waste as New York.

Besides struggling with disposal of the enormous wastes, New York has successfully been able to collect her waste through several methods, including government-regulated commercial waste systems in which they have more than 250 commercial waste haulers, as well dispose effectively through recycling methods and landfills.

It has been shown that only 60% of the daily waste collected in New York goes to the landfills compared to Lagos’ 95%.

Also, major cities in the developed world have proactive waste control systems that end up in re-use through effective

recycling.

Lagos’ reaction...

The Lagos State Waste Management Authority (LAWMA) has been on top of its job, no doubt, but the high rate of waste generation is frightening.

According to LAWMA, “It is statistically proven that an average of 0.5 Kg of waste is generated by each individual on a day-to-day basis, which accounts for approximately 9,000MT of waste generated daily. Sadly, this pile of waste ends up in the landfill sites which are filling fast.

LAWMA has been working on its dumpsites to give them a semblance of scientific landfills an trying its hands on achieving Clean Development Mechanism (CDM) of the United Nations Framework Convention on Climate Change (UNFCCC) for its Olusosun, Abule - Egba and Solous Landfill sites.

Now, the Authority is considering recycling, which it sees as suitable alternative to landfill and an ideal option for green living, which encourages sustainable development in the society. LAWMA officials

said, “That’s why as part of our initiative towards managing waste effectively and making life in Lagos more habitable, we have introduced the LAWMA Recycling Bank, which shall be situated in every estate within Lagos metropolis to serve as a storehouse for recyclable materials in the following categories: Paper, Can, Glass and Plastic.

“The purpose of the recycling bank is to bring a sense of collective responsibility to the heart of waste management in Lagos State, making it a productive and participatory venture between the government and the people.”

The action...

This proposition is commendable but there is need to fasttrack it for quick results. The bottom-line is Lagos needs to start recycling as an alternative to landfilling. It is important for the government to involve other operators to assist the PSPs in waste collection, as it has become obvious that they cannot do the job alone, which is the reason cart pushers are still being patronized.

T H I S D AY TUESDAY OCTOBER 18, 2016

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TUESDAY OCTOBER 18, 2016 • T H I S D AY

INTERNATIONAL

Trump Holds on to ‘Rigged Election’ Claim

Donald Trump and his surrogates amplified their argument over the weekend that the election is “rigged,” leaving the Republican nominee more isolated as top members of the GOP -- including his own running mate -- declared their faith in the political system.

Trump opened Sunday with a series of tweets sowing doubt about the legitimacy of the election. “The election is absolutely being rigged by the dishonest and distorted media pushing Crooked Hillary - but also at many polling places - SAD” But Trump’s own vice presidential nominee, Indiana Gov. Mike Pence, disagreed during an interview on NBC’s “Meet the Press,” saying he will accept the Election Day results.

“We will absolutely accept the result of the election,” he said. “Look, the American people will speak in an election that will culminate on November the 8. But the American people are tired of the obvious bias in the national media. That’s where the sense of a rigged election goes here, Chuck.”

That stood in contrast to

Trump’s top surrogates. Former New York City Mayor Rudy Giuliani claimed that Democrats could steal a close election by having dead people vote in inner cities. “I’m sorry, dead people generally vote for Democrats rather than Republicans,”Giuliani told CNN’s Jake Tapper on“State of the Union.”“You want me to (say) that I think the election in Philadelphia and Chicago is going to be fair? I would have to be a moron to say that.”

And Newt Gingrich, the former House speaker, on ABC’s “This Week”urged Trump voters to monitor polling stations. “I remember when Richard Nixon had the election stolen in 1960, and no serious historian doubts that Illinois and Texas were stolen. So to suggest that, we have, you don’t have theft in Philadelphia is to deny reality,” Gingrich said.

The intensity surrounding the election is building in the final weeks of the race. In the evening, Trump -- without evidence -- blamed the firebombing of a North Carolina local GOP office on supporters of Hillary Clinton.“Animals representing Hillary Clinton and Dems in North Carolina just firebombed our office in Orange County

because we are winning @ NCGOP,” Trump tweeted Sunday night. For its part, the Clinton campaign quickly tweeted a note of sympathy.

“The attack on the Orange County HQ @NCGOP office is horrific and unacceptable.

Very grateful that everyone is safe.” The North Carolina Republican Party tweeted its appreciation in response. The “rigged election” allegations by Trump and his top lieutenants came after an event Saturday in New Hampshire in which the candidate refuted allegations he groped and kissed women without their consent as “total lies.”

Trump also argued, once again, that Democratic rival Hillary Clinton “should have been prosecuted” and “be in jail” for her improper use of a private email server at the State Department. She escaped prosecution, Trump alleged, because of collusion between the Clintons and the Department of Justice.

He also used that claim earlier Saturday to fundraise.

“Folks, there’s never been a situation like this in the history of our country,”Trump said at a campaign rally here.

Iraq Launches Mosul Offensive to Drive out IS Militants Iraqi government forces launched a U.S.-backed offensive yesterday to drive Islamic State from the northern city of Mosul, a high-stakes battle to retake the militants’ last major stronghold in the country.

Two years after the jihadists seized the city of 1.5 million people and declared a caliphate from there encompassing tracts of Iraq and Syria, a force of some 30,000 Iraqi and Kurdish Peshmerga forces and Sunni tribal fighters began to advance.

Helicopters released flares and explosions could be heard on the city’s eastern front, where Reuters watched Kurdish fighters move forward to take outlying villages.

A U.S.-led air campaign has helped drive Islamic State from much of the territory it held but 4,000 to 8,000 fighters are thought to remain in Mosul.

Residents contacted by phone dismissed reports on Arabic television channels that the jihadists had left.

“Daesh are using motorcycles for their patrols to evade air detection, with pillion passengers use binoculars to check out buildings and streets from a distance,” said Abu Maher, using an Arabic acronym for Islamic State.

He and others contacted were preparing makeshift defences and had been stockpiling food in anticipation of the assault, which officials say could take weeks or even months.

The residents withheld their full names for security

reasons and Reuters was not able to verify their accounts independently.

The United States predicted Islamic State would suffer “a lasting defeat” as Iraqi forces mounted their biggest operation since U.S. troops withdrew in 2011 and one of the biggest in Iraq since the 2003 invasion that toppled Saddam Hussein.

But the offensive, which has assumed considerable importance for U.S. President Barack Obama as his term draws to a close, is fraught with risks.

These include sectarian conflict between the city’s mainly Sunni population and advancing Shi’ite forces, and the potential for large numbers of casualties among Mosul’s civilian residents.

“We set up a fortified room in the house by putting sandbags to block the only window and we removed everything dangerous or flammable,”Abu Maher said.“I spent almost all my money on buying food, baby milk and anything we might need.”

Qatar-based al-Jazeera television aired video of what it said was a bombardment of Mosul that started after a speech by Prime Minister Haider Abadi, showing rockets and bursts of tracer bullets across the night sky and loud sounds of gunfire.

“I announce today the start of the heroic operations to free you from the terror and oppression of Daesh,” Abadi said in a speech on state TV. “We will meet soon on the

ground in Mosul to celebrate liberation and your salvation,” Abadi said, surrounded by the armed forces’ top commanders.

The commander of the coalition, U.S. Lieutenant General Stephen Townsend, said the operation to take Iraq’s second largest city would likely continue for weeks “possibly longer”. If Mosul falls, Raqqa in Syria will be Islamic State’s last city stronghold.

“This is a decisive moment in the campaign to deliver ISIL a lasting defeat,” U.S. Defense Secretary Ash Carter said in a statement, using another acronym for Islamic State.

“We are confident our Iraqi partners will prevail against our common enemy and free Mosul and the rest of Iraq from ISIL’s hatred and brutality.”

Islamic State has been retreating since the end of last year in Iraq, where it is battling U.S-backed government and Kurdish forces as well as Iranian-backed Iraqi Shi’ite militias.

The Iraqi Kurdish military command said 4,000 Peshmerga were taking part in an operation to clear several villages held by Islamic State to the east of Mosul, in an attack coordinated with a push

by Iraqi army units from the southern front.

In its first statement on the Mosul operations, the Iraqi army media office said the advancing troops destroyed a number of Islamic State defence lines.

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TUESDAY, OCTOBER 18, 2016 • T H I S D AY

NEWSXTRA

Operators Pick Holes in NCC’s 2.6GHz Spectrum Auction Emma Okonji Four months after the Nigerian Communications Commission (NCC) announced MTN as the winner of six lots out of the available 14 lots in the 2.3GHz spectrum licence, telecoms operators have boldly come out to fault the auction exercise.

According to them, they were not comfortable with the conditions for the auction exercise, hence they backed out from participating in the auction, which eventually produced MTN as the only bidder and winner of the national licence in June this year.

The operators who spoke at a postmortem forum on 2.6GHz auction yesterday in Lagos, organised by NCC, said every auction exercise, where the highest bidder wins has the characteristics of being lopsided, and designed to favour only big operators that have the financial muscles, to the detriment of small operators who have thin

financial base. They also said they were worried and uncomfortable with the high reserved price of $16 million per lot, owing to the poor economic state of the country.

According to them, they deliberately declined to bid for the auction, despite the heavy awareness created around the spectrum by NCC, for the fact that they suspected that the conditions for the auction would pose serious business risk for them.

The operators’ refusal to let NCC know of their plans to back out, as at the time the bid was declared open in February this year, dazzled NCC to believe that the operators were willing to bid initially.

It was on April 29, 2016, when the application was closed to all operators to give room for the auction committee to scrutinise the applications and inform those that will qualify for the bidding exercise, that NCC realised that only MTN indicated interest to bid and

had applied for 6 lots out of the available 14 slots in the 2.6GHz spectrum licence.

It was at this point that NCC, reviewed MTN’s application and in June this year, announced MTN as the winner of the 2.6GHz spectrum licence.

Disturbed by the action of the operators, the Director, Spectrum Administration at NCC, Mr, Austin Nwaulunne, told the audience at the forum that NCC had to organise the postmortem forum on the 2.6GHz spectrum, just to find out what went wrong with the auction exercise that forced the operators to back out from the exercise.

Commending NCC for the courage to invite the operators and other stakeholders to deliberate on the 2.6GHz spectrum

auction, the Chief Executive Officer of Spectranet, Mr. David Venn, said although the auction exercise appeared transparent just the same way NCC had conducted previous licence auction, but that the operators feared that the auction was meant for big operators who have the money to play with. He said the smaller operators would eventually lost out by the end of the day, hence they all declined. He suggested that going forward, NCC should consider the revenue sharing arrangement for allocation of spectrum, instead of the auction exercise. He said as at the time NCC was considering the auction exercise, the price of data had already crashed in the telecoms market, a situation that affected the revenue

generation of operators to bid for the 2.6GHz spectrum which he said had always attracted heavy capital investment.

The Director, Regulatory and CSR, Etisalat Nigeria, Mr. Ikenna Ikeme, blamed the situation on lack of access to local funding which he said made telecoms business very difficult, and also slowed down investment in telecoms industry. Going forward, he advised NCC to combine expensive spectrum like 2.6 GHz, with other cheaper spectrum like the 700MHz and 800MHz spectrum that are less expensive.

A director at Airtel, Mr. Lateef Akintunde, was of the opinion that the reserved bid price of $16 million per lot was on the high side. He

explained that the cost of spectrum rollout was also expensive and must be factored in when bidding for any spectrum.

The Executive Vice Chairman of NCC, Prof.

Umar Garba Danbatta, who was represented by the Director, Public Affairs at NCC, Mr. Tony Ojobo, said: “The commission in consonance with its practice of collaborative regulation, seeks to get useful industry feedback on the auction with the aim of ensuring the effective and efficient usage of available spectrum bands for the delivery of broadband internet access to Nigerians.”

Nwaulunne said the feedback from the operators would be taken to the commission for further deliberation and action.

BBOG Places Disclaimer on MOU Signed by Buhari’s Daughter Kasim Sumaina and Oluwatosin Komolafe in Abuja The BringBackOurGirls (BBOG) group has condemned in strong terms what it describes as an attempt to smear its reputation built over the years following information reaching it of an event tagged: ‘Official Inauguration and Signing of Memorandum of Understanding (MOU) on the Chibok Girls Endowment Project’.

In reaction to the alleged meeting of BBOG and stakeholders yesterday in Abuja, where a cheque for N3.5 million was handed over to President Muhammadu Buhari’s daughter and President of Africa Support and Empowerment Initiative (AFRISEI), Hadiza Buhari, by the Commandant of Peace Corps, Dickson Akoh, as a paltry contribution to the general welfare and basic needs of the released Chibok Girls, the conveners of BBOG, Aisha Yesufu and Oby Ezekwesili, in a statement said: “Following repeated enquiries from the media, we stumbled upon information of an event tagged: ‘Official inauguration and signing of memorandum of understanding (MOU) on the Chibok Girls Endowment Project’ organised by the Peace Corps of Nigeria and Africa Support and Empowerment Initiative with Hadiza Buhari-Bello.”

According to the BBOG leaders, “We are shocked, perplexed and completely

dumbfounded to see the bold inscription of our hard-earned name, #BringBackOurGirls, on the event’s backdrop.

“We state categorically that we are not party to the said event and have absolutely no information of its origin.

“We urge the public to disregard attempts to link our movement to this highly suspicious event.”

The statement from the group read further that “after 902 days of painstaking advocacy, it is disheartening and unfortunate to suddenly see attempts, by external actors, using it for selfish purposes.

“We have carefully built our reputation as a wellorganised and disciplined global movement that is completely self-funded.”

Stressing that the deliberate decision, to remain funded by sacrificial contributions of members for its negligible needs, is the “reason we are solely a citizens’ movement, and not an NGO. It will be highly injurious to allow it to be dragged in the mud at this point. We therefore demand an immediate retraction and unreserved apology from the organisers.”

Continuing, the statement said: “Together with our lawyers, Femi Falana & Co., we are considering a response to this attempt to smear our movement. We call on the public and law enforcement agencies to be on the look-out for unscrupulous persons who may already be planning similar nefarious acts to deceive the local and international community.”

ANOTHER RESPONSIBILITY FOR KOLADE

L-R: Vice Chancellor, McPherson University, Prof. Adeniyi Agunbiade; General Overseer, Foursquare Church Nigeria, Rev. Felix Meduoye; Chancellor-designate, McPherson University, Dr. Christopher Kolade; his wife, Beatrice, during the unveiling of the new Chancellor-designate of the university in Lagos....Sunday ETOP UKUTT

Surety Withdraws from Metuh’s Case Alex Enumah in Abuja

Dr. Olugbumi UsimWilson, one of the sureties who guaranteed the bail of the former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, who is facing corruption charges yesterday, approached a Federal High Court in Abuja with an application seeking to withdraw as a surety for Metuh in the trial.

In the application, filed and dated October 4, 2016, before Justice Okon Abang, the surety prayed the court to remove her name from the lists of people standing as sureties for the former PDP spokesperson.

No reason was however given for her withdrawal.

In the meantime, Metuh on his part also filed a motion dated October 14, asking the court to allow him replace UsimWilson, with the Deputy Senate President, Ike Ekweremadu.

However, Clement Chinaka, counsel to UsimWilson, prayed the court to hear the application of her client before taking that of replacement by Metuh, on the ground that the application for withdrawal was filed before that of replacement.

Responding, Onyechi Ikpeazu (SAN), counsel to Metuh, prayed the court to take Metuh’s application first, noting that if the application for withdrawal is taken before that of replacement,

Metuh may stand the risk of going back to prison.

The trial judge, Justice Okon Abang, however in a short ruling held that it is deserving to take the application of Metuh first, as according to him the former PDP spokesman has been consistent in the trial.

“Usim-Wilson, in her application prayed the court to withdraw her surety ship, while that of Metuh sought to substitute her with Ike Ekweremadu.

“It is deserving to take that of Metuh first since he has been consistent in the trial.

“This is because if that of the applicant is taken first, it means that Metuh will be going back

to prisons but if we take that of Metuh first, the substitution would have taken effect,” he held.

He therefore adjourned the matter till October 27, for hearing of all the applications as well as continuation of trial.

Metuh and Destra Investments Limited are being tried on charges of money laundering involving alleged cash transaction of $2million.

The Economic and Financial Crimes Commission (EFCC) had in a seven-count charge accused Metuh of receiving the sum of N400million from the former National Security Adviser, Col. Sambo Dasuki, through his company, Destra Investment Ltd.

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TUESDAY, OCTOBER 18, 2016 • T H I S D AY

NEWSXTRA

Economic Diversification Not Achievable without Foreign Exchange, Says Dangote Plans to venture into dairy production Crusoe Osagie The President, Dangote Group, Aliko Dangote, yesterday stated that Nigeria’s quest to diversify its economy away from crude oil cannot be achieved if there is little or no foreign exchange available for private sectors to work with.

Dangote called on the managers of the economy to inject fresh funds to the tune of about $15 to $20 billion, to bring the economy back on track, saying that this would go a long way to restore investors’ confidence and take the Nigerian economy out of recession.

Africa’s richest man who said this during a courtesy visit

by Executive MBA students of the Lagos Business School (LBS) to his refinery in Lagos, expressed hope in the country getting out of its present precarious state sooner than expected, but stressed that this feat can only be achieved if the right support is given to the Organised Private Sector (OPS) of the economy in terms of adequate foreign exchange supply, infrastructural development, consistent and favourable economic policies.

“Nigeria has what it takes to be great again. I believe so much in the Nigerian economy and if the right things are done, we should get out of the economic recession by 1st quarter in 2017. The private sector is huge and I think we will get out of the recession as soon as possible,” he said.

However, he said 98 per

cent of Nigeria’s demand for dairy products is currently being imported, stressing that plans are already on ground to turn around the nation’s milk industry in the next three years.

“We are already discussing with the Central Bank of Nigeria (CBN) to kick start this project. We believe we can do a lot to bridge the importation gap developing local production of this product because we have the competitive and comparative advantage,” he said.

In his presentation tagged: ‘Role of business in driving sustainable development in Africa-The story of Dangote group, he said the group has grown from a commodity trading company to a more diversified conglomerate over the last two decades, adding that his company has been underpinned by five key pillars which he said is to provide basic needs, substitute imports and earn foreign exchange from exports, execute efficiently new plants and technologies, operate effectively by entering new markets with high quality products, entering into strategic partnerships and investing in human capacity development.

According to him, Dangote group is a leader in the new breed of African multinational conglomerates, saying that his company has recorded a lot of progress over the years.

“We are top 10 in Africa and top 400 globally. We are globally competitive, growing local capacity,

Ex-Vanguard Editor, Mideno, Launches Own News Website A former Vanguard Editor, Mideno Bayagbon, has launched a premium online news website, thenewsguru. com.

Bayagbon whose resignation from Vanguard newspaper took effect last Tuesday, was editor of Vanguard for eight years, a period which saw momentous growth of Vanguard newspapers both in the hard copy and online.

His resignation, which caused a huge stir in the industry last week, he said, was to pursue his dream of owning an online news website which is the latest frontier in journalism, with the looming death of newspaper journalism spurred by the overwhelming innovation in technology and the dominance of the social media.

Bayagbon’s emergence in the online news business gives fillip to the call by Aremo Segun Osoba, ex governor of Ogun State, during the launch of Nigeria Guild of Editors House in Lagos,

that professional journalists urgently need to go into online news publishing as a way of arresting the seeming lack of professionalism among some practitioners in the social media space.

TheNewsGuru which came on stream in the first week of September, 2016, has witnessed phenomenal growth since its quiet entry. It is today adjudged, by all the rating agencies, as the fastest rising news portal ever in Nigeria.

TheNewsGuru which was rated 14,340 in Nigeria by frontline web ranking site, Alexa started as site number, has edged out thousands of sites and is currently rated 260 in Nigeria.

This has been made possible by the fact that Mideno Bayagbon is joining hands with former Guardian newspaper editor, Jewell Dafinone, who is the Group Managing Editor, and a crack team of experience online journalists in midwifing TheNewsGuru.

manufacturing quality products, rapidly transforming from a Nigerian company to a dominant African brand and our revenues and profitability have continued to grow,” he said.

He stated that the group is driving six major projects which will create 250,000 jobs and provide foreign exchange earnings, while also saving

about $15 billion for the country.

“We are investing a total investment of $20 billion across the six projects in the country,” he said.

Also speaking at the event, the Director Construction, Project Scheduling and Monitoring, Dangote Petroleum Refining and Petrochemicals FZE, Mr. Henri

Riems, said the economic benefits of the refinery when completed would fetch Nigeria over $5.5 billion per annum from foreign exchange earnings through export and over $7.5 billion per annum would be saved from import substitution.

He said other benefits of the refinery to the economy include professional

development, technology, generation of power, production of petrochemicals, saving of foreign exchange against imports, increased demand for domestic crude, increased revenue to government, foreign exchange from exports, development of local areas and ancillary industries and unhindered availability of products

CONGRATULATIONS

Spanish Ambassador to Nigeria, Ambassador Alfonso de Erice (left), receiving the Publisher of The Abuja Inquirer, Dan Akpovwa, during the Spanish national day celebration in Abuja...recently.

Shiite Calls for Release of Members, Minors in Detention Accuses El-Rufai of crime against humanity

Gboyega Akinsanmi The Islamic Movement in Nigeria (IMN) yesterday lamented the arbitrary arrest of its members and minors in different states of the federation, thereby calling for their unconditional release.

The IMN also known as Shiite Muslims in Nigeria, reiterated calls for the release of its Leader, Sheikh Ibraheem Zakzaky, his wife and all others currently under detention for almost one year.

It called for their unconditional release in a statement by the President of IMN Media Forum, Mr. Ibrahim Musa, yesterday accusing Kaduna State Governor, Mr. Nasir el-Rufai of crime against humanity.

In a statement he issued yesterday, Musa said since the attack on Shiite members by security agents in connivance with some miscreants across some

states, authorities arbitrarily arrested people and charged them to courts on trumped up charges and remanded in prison custody.

He said: “Shamelessly and quite surprisingly, the courts where those arrested were taken to, have also remanded scores of minors in jail including the four-year old Salamatu Yunusa, being held in Jos. “This absurdity however contrasts what happened in Kaduna and Kano States where tens of those arrested were released on bail being minors. We also call for the unconditional release of our leader, Sheikh Ibraheem Zakzaky, his wife and all others under detention for almost a year now.

“Their continued detention is a gross violation of their fundamental human rights.

It is surprising therefore why the case in Katsina and Plateau States should be different, when evidence strongly suggests that the

attacks in all the states were orchestrated by a central command.”

Musa called on the authorities in these two states “to release these minors who have by now unjustifiably spent about a week in jails.

This is an embarrassment to the nation.

“In the same vein, those who were brutalised and injured among those in detention are yet to get proper medical attention. They are prisoners of conscience. This is unfortunate and a gross miscarriage of justice. All humanitarian laws recognise that prisoners should not be denied medical treatment.

This cannot be an exception,” he explained.

He condemned in very strong words the inhuman brutality meted “to Shiite members by the Nigerian Army in Jos for no other reason than their faith. We therefore call for their release without further delays.”

He explained that the

group recognised that the recent attack on its members by security agents in collaboration with some unemployed youths across the various states was instigated by Kaduna State governor.

“We are aware that he has even planned for Katsina State a vicious plot and model of how to attack IMN members in Katsina metropolis. This diabolical plot involves attack whenever IMN members leave their Islamic centre for any educational program and the opportunity to burn and raze our centre will be created and executed.

“We believe el-Rufai is inciting hate with a view to minority cleansing in his self-styled war against the Islamic Movement in Nigeria.

He already has a case of crime against humanity, which he is frantically trying to cover.

Nevertheless this will not deter us in our pursuit of justice for the victims of the Zaria massacre.”

TUESDAY, OCTOBER 18, 2016 ˾ T H I S D AY

45

CRIME&PUNISHMENT Ese Oruru: Court Adjourns as Parents Decry Victim’s ‘Detention’

Emmanuel Addeh ÓØ ÏØËÑÙË The Federal High Court Yenagoa, Bayelsa State, yesterday fixed the next hearing date for December 8, 2016 in a case involving the alleged abduction and forceful marriage of 14-year-old Ese Oruru by Yunusa Dahiru.

But just as the court adjourned to a new date, following the absence of the trial judge, Justice Ajiya Nganjiwa, parents of the young girl called on the governments of Bayelsa and Delta states, to facilitate the release of the teenager who has been under “protective custody” since early this when the police took over her case.

The parents lamented that it was an irony of sorts that while the accused was enjoying freedom on bail, the victim was being denied freedom under the guise of protection.

They insisted that the conditions that Ese, who gave birth to a baby girl on May 25, 2016 while in Police care at the

Police Officers Mess in Yenagoa , and her baby were kept was not conducive for the welfare of both of them.

Dahiru, was arraigned on March 8, 2016 before the Federal High Court, Yenagoa on charges of criminal abduction, illicit sex, sexual exploitation and unlawful carnal knowledge of a minor, but was eventually granted bail.

Ese’s father, Mr. Charles Oruru, expressed sadness over his daughter’s stay at the police officers mess with the new born baby, arguing that Ese was supposed to have returned to school.

“My daughter has been yearning and even crying to go back to school as her classmates are now ahead of her. She has lost a whole year to this saga and she is still in Police protective custody while the accused is enjoying freedom on bail.

“I am begging the Delta government , Nigeria, and the world at large to come to our aid. Nowadays, without

education one is going nowhere, so she is not doing anything in their custody, while the accused moves freely and she is suffering there,” he said.

Oruru added: “I have called on the Delta government to assist because I have five children of which Ese is the second to the last child, so my state should come to my family’s aid,” he appealed.

Ese’s mother, Mrs Rose Oruru, said her daughter was not being properly taken care of as a nursing mother, with regards to nutrition and psychological care in a homely environment.

She said: “People from Bayelsa have been assisting us and even the police officers, we want to leave there to our house because the place (Police Officers Mess) is not a good place to stay and bring up a new born baby.

“We were just abandoned in a room that we were not even allowed to go out, we stayed with our trash bin which is smelling , we and the new born

baby are compelled to breathe the offensive smell.

“So the world should note that we are being marginalised for no reason, and even the boy Yunusa is still owing me some money after taking my daughter to Kano to impregnate her for me.”

Counsel to the accused, Mr. Kayode Olaosebikan who was in court with Yunusa, said no information was given as to the reason for the court’s failure to sit.

He said the case has been adjourned till December 8 for further hearing of the matter.

But one of the prosecution lawyers, Mr. Deme Pamosoo, said he believed that the case was still on course, even though no reason had been communicated as to why the judge was not in court.

Ese was allegedly abducted in Bayelsa in August 2015 and taken to Kano where she was forcibly married and converted to Islam.

In Brief

Alleged N40bn Fraud: FG Rearraigns Nyako, Eight Others The federal government yesterday re-arraigned former governor of Adamawa State, Admiral Murtala Nyako (rtd), his son Abdullajeez and seven others before the Abuja division of the Federal High Court for N40 billion fraud allegedly committed while in office. They are being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 37-count charge bordering on allegation of fraud and corruption, before Justice Okon Abang. Others being prosecuted alongside Nyako and his son are Zulkifikk Abba, Abubakar Aliyu, Blue Opal Limited, Sebore Farms and Extension Limited. Others include, Pagoda Ventures Limited, Tower Assets Management Limited and Crust Energy Limited. The defendants, who were first arraigned last year before Justice Evoh Chukwu before his demise, pleaded not guilty to all the charges. Following their plea, the trial judge, Justice Okon Abang ordered that the defendants should continue to enjoy the conditions of the earlier bail granted by late Justice Chukwu. He denied the request of the prosecution that the defendant’s sureties should file a fresh affidavit on the grounds that the prosecutor failed to oppose the oral application made by the defendants. He further ruled that the court cannot vary the condition of the bail earlier granted to the defendants. Abang therefore adjourned trial of the matter till November 17 and 22, 2016.

NCC Arrests Six, Confiscates Hundreds of Sim Cards in Kano

The Nigeria Communications Commission (NCC) yesterday arrested six men in Kano for being in possession and selling hundreds of pre-registered SIM cards which had been banned by the agency since 2O11. The suspects were arrested in two separate raids carried out by the NCC’s operation unit backed by security operatives in the GSM village located at the popular GSM market in Farm Centre and the Yankura Market in the metropolis. The Head of the NCC operation unit, Mallam Salisu Abdul, said the operation became imperative following the rampant sales of pre-registered SIM cards in Kano by unregistered individuals.

Salisu said the sales of pre-registered SIM cards is a criminal offence and the commission would continue to raid markets across the country until we are able to stop such nefarious activities. He blamed the various agents of service providers who sell or give in large quantity of such pre-registred SIM cards to individuals or unsuspected prospective buyers without proper registration.

Police Deploy More Operatives to Delta KAI OFFICERS

Lagos Deputy Governor, Mrs. Idiat Oluranti Adebule, inspecting a parade by officers of the Lagos Kick Against Indiscipline (KAI) Brigade, during the flag off ceremony of the annual mandatory training for law enforcement officers in Lagos....yesterday

EFCC: How Ex-NIMASA Boss, Akpobolokemi Laundered N1.5bn An investigation officer with the Economic and Financial Crimes Commission (EFCC), Kanu Idagu, yesterday told a Federal High Court in Lagos how committees set up by the former Director General, Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, was used to launder monies running into about N1.5 billion.

Idagu stated this while giving evidence at the resumed trial of Akpobolokemi alongside nine others on a 40-count charge bordering on the offence.

Others charged are: Captain Bala Agaba; Ekene Nwakuche; Felix Bob-Nabena; Captain Warredi Enisouh; Governor Juan; Ugo Frederick and Timi Alari.

Also charged are two companies; Al-kenzo Ltd and Penniel Engineering Services Ltd. They had all pleaded not guilty to the charge and were granted bail by the court.

Led in evidence by the prosecutor, Festus Keyamo, the

witness, told the court that the Commission received a petition in the last quarter of 2015, of some activities in NIMASA, during the period when Akpobolokemi was DG. According to him, his team embarked on investigation and in the process, discovered that NIMASA had set up various committees some of which were used to launder monies through Companies and Bureau de Change.

He said specifically that a committee on intelligence was set up and headed by the second accused, with an Access Bank account number 0688939609 opened for the receipt of monies.

“Between December 20, 2013 and July 7, 2015, the committee received money in tranches running into 1.5 billion. The chairman of the committee raised several internal memos to the director of finance and accounts, wherein it was claimed that the funds were to be used

for intelligence based security activities.

“The companies used in furtherance of these activities were either owned or nominated by NIMASA staffs for their personal use,” he said.

He stated that another company, Kofa Fada Ltd, a bureau de change company was used by the second accused to transfer the N10 million.

“The second accused also made a claim of a business contract between NIMASA and one Kofa Fada Ltd, with the sum of N26 million transferred to the companies’ account, while the dollar equivalent was handed to him.

“The second accused also transferred the sum of N86 million to one Usseinian Ltd and the dollar equivalent transferred to him,” he said According to the witness, the third accused (Nwakuche) who is Personal Assistant to the second accused, was asked

to coordinate accounts for the purpose of diverting money.

He said the third accused formulated an Enterprise Bank account in the name of Adams CDA global services, belonging to one of his friend, and transferred into it, the sum of N120 million.

He said the dollar equivalent was handed over to the second accused.

The witness said the third accused also nominated an Access Bank account for Gidoga Investment Limited, with the sum of N65 million transferred into same account.

He said in all, a total of N422, 680 million was directly transferred to the second accused, who claimed that same was remitted to the first accused.

After the witness’ oral testimony, the prosecutor then prayed the court for an adjournment to enable him present documentary evidence.

Consequently, Justice Saliu Saidu adjourned the case to December 15 and 19 for continuation.

More police operatives, including special squads, have been deployed to Delta State to stem the rising insecurity in the oil-rich state. THISDAY gathered that the deployment was to reinforce the existing machinery put in place by the state police command to curb crime in anticipation of hoodlums taking advantage of the approaching Christmas to unleash terror on residents.

“There has been more deployment of police personnel to the state. That’s the major reason policemen were more visible in every nook and cranny of the state. We are prepared for the fast approaching festive period and we know the hoodlums will be all out to make money illegally,” a senior police officer told THISDAY. As part of the preparations, a new Commander, Felix Aiyejumo, has also been deployed to head the Mopol Base, Warri as part of beefing up security in Warri and environs. Warri Area Commander of the Nigerian Police, Mohammed Muazu, confirmed the deployment of more operatives in reaction to THISDAY enquiries.

Lalong Pledges Amnesty for Repentant Gun Runners in Plateau

Plateau State Governor, Mr. Simon Lalong, has pledged to grant amnesty to gunrunners and fabricators of light and sophisticated weapons, as part of his efforts to mop up dangerous weapons in circulation in the state. The governor disclosed this after inspecting the cache of light and sophisticated weapons confiscated by men of the Special Task Force (STF) in charge of security in the state. He said: “There are youths whose preoccupation is to wait for crisis to take up such opportunities; let them come out, let them release the ammunitions they have and we will find them something just to do instead of sitting in the bush and waiting for opportunities for crisis to kill people.” Lalong said: “By next week, I will move all my commissioners back to their local governments to try to help the security agents mop up the weapons.