Elumelu Preaches Entrepreneurship, Says It’s Path to Independence, Sustainability Crusoe Osagie Continuing with its quest to create thousands of entrepreneurs on the African continent and create a path for sustainable development and independence, the Tony Elumelu Foundation (TEF)

recently hosted nearly 1,000 entrepreneurs from 54 African countries during the second TEF Entrepreneurship Forum – the largest annual gathering of African businessmen and women. The forum celebrated the 2016 gathering of Elumelu

entrepreneurs, selected from over 45,000 applicants. It was the highlight of the TEF Entrepreneurship Programme and brought together leading policy makers and business leaders in support of the Foundation’s $100 million commitment to empower

10,000 African entrepreneurs in 10 years. Speaking at the event, the President of Sierra Leone, Mr. Ernest Bai Koroma, hailed the programme as a “genuinely innovative approach to philanthropy in Africa – an African offering African

solutions”. “Other philanthropists will be inspired to support and promote this philosophy. Even when we had Ebola in Sierra Leone, Tony (Elumelu) was there. His is an example which other successful Africans must follow,” he added.

In his keynote speech, TEF founder, Mr. Tony O. Elumelu, saluted those present, stating: “Our ambition is that you become ambassadors for entrepreneurship in Africa. You are a generation of Continued on page 6

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Buhari Orders Probe of Sexual Abuse at IDP Camps Tobi Soniyi in Abuja and Ejiofor Alike in Lagos Following the release of a damning report Sunday night by Human Rights Watch (HRW) alleging that Nigerian

security officials and other government functionaries have raped and sexually exploited women and girls displaced by the conflict with Boko Haram, President Muhammadu Buhari yesterday directed the

Inspector General of Police (IG), Mr Ibrahim Idris, to commence investigations into the allegations by the group. HRW, in its report which was documented in July 2016, further revealed that

the federal government was not doing enough to protect displaced women and girls and ensuring that they have access to basic rights and services, or to sanction the abusers that include camp

leaders, vigilante groups, policemen and soldiers. HRW, an international non-governmental organisation founded in the United States of America, said it documented sexual abuse, including rape

and exploitation of 43 women and girls living in seven internally displaced persons (IDP) camps in Maiduguri, Borno State. Continued on page 8

DSS’ Daily Invitation Stops Arrested Judges from Sitting Lawyers protest against Nigeria's secret police, pass vote of confidence on NJC

Tobi Soniyi and Alexander Enumah in Abuja The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, stopped including the two arrested justices of the Supreme Court – Justice John Inyang Okoro and Sylvester Nwali Ngwuta – on panels to adjudicate on cases before the court because they are often not available, as they are still required to report to the Department of State Services (DSS) everyday, THISDAY has learnt. A source at the CJN’s office told THISDAY that as part

of the bail conditions of the justices, they are meant to keep reporting to the DSS office on a daily basis. “The court cannot be waiting for them since no one knows when they will return. When they return, the justices too are not keen on sitting,” the source said. The source explained that this was why the CJN had not included them on new panels. He said it is the responsibility of the CJN to empanel justices to adjudicate Continued on page 6

CELEBRATING 10 YEARS IN THE AIR Senate Investigates Volkswagen ARIK… L-R: Deputy Managing Director/Vice-President, Arik Air, Capt. Ado Sanusi; Managing Director, Mr. Chris Ndulue; and Chairman, Mr. for Alleged Sabotage... Page 10 Joseph Arumemi-Ikhide, during Arik Air’s press briefing on the airline’s 10th anniversary, held in Lagos… yesterday kolawole alli

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Ondo Guber Crisis Keeps PDP Reconciliation at Bay Party’s governors accuse APC, INEC of rigging plot Akeredolu denies rift with Tinubu, boasts he’ll defeat Jegede, Ibrahim combined Tobi Soniyi and Onyebuchi Ezigbo in Abuja Recent efforts by the factional leaderships of the Peoples Democratic Party (PDP) to restore peace to the party could hit a brick wall owing to the tussle for the party’s ticket in the November 26 governorship election in Ondo State. Sources from both sides of the divide in the PDP dispute have said that the fragile understanding that exists between the key actors in the conflict — the Chairman of the National Caretaker Committee, Senator Ahmed Makarfi, and the ousted National Chairman, Senator Ali Modu Sheriff — is being threatened by the decision of the Independent National Electoral Commission (INEC) to substitute Eyitayo Jegede’s name with Jimoh Ibrahim’s as the candidate of the party to fly its flag in the Ondo poll. Jegede, a Senior Advocate of Nigeria, had emerged the candidate of the party last August after it held its primary in Akure, the state capital, that was monitored by INEC. However, Ibrahim emerged as the candidate of the party recognised by the Sheriff-led faction of the PDP, in a primary held a few days later in Ibadan, Oyo State. Subsequently, Ibrahim challenged the emergence of Jegede as the candidate of the PDP at the court, and obtained a ruling declaring him the candidate of the party. On this basis, INEC, which had earlier rejected the factional

candidate of the PDP in the Edo State governorship election, last Friday, surprisingly recognised Ibrahim as the candidate of the PDP in the Ondo poll. Since the decision, the state has been enveloped in tension, with protests breaking out over INEC’s decision at the weekend. THISDAY gathered from sources yesterday that both sides have temporarily abandoned negotiations and are now strategising on how to outwit each other and to secure the ticket for the Ondo governorship election. Before the clash of interests brought about by the courtordered substitution of the governorship candidate of the PDP, the opposition party’s reconciliation was already encountering problems over how to constitute the reconciliation panel and the national convention committee. However, the tussle between the rival governorship candidates of the two PDP factions has further exacerbated the problem and is putting the peace talks in jeopardy. The uncertainty over the PDP’s reconciliatory efforts came just as the governors of the party yesterday raised the alarm over a puported plot by the All Progressives Congress (APC) with the help of INEC to rig the Ondo State governorship election. The PDP Governors’ Forum, in a statement by its secretary, Patrick Okon, also called for INEC’s overhaul. It alleged that APC was bent on capturing Ondo State by

all means and had enlisted the assistance of INEC to execute its plan. The governors said: “We are aware of the plan by APC to get Ondo State by all means, including enlisting the assistance of INEC. “We are warning that we will not fold our arms to watch this impunity and daylight robbery. INEC is an umpire and should play its role very well so that the electorate will have confidence in it. “From the way things are going, the people are already losing confidence in the commission. INEC should stick to its electoral mandate and should not subvert the law of the land. “INEC should conduct itself very well in this forthcoming Ondo State governorship election to avoid a repeat of what happened in the Edo election. We call on Mr. President to caution his party, APC, and INEC to be fair in this coming election schedule for November 26.”

Akeredolu Boasts, Denies Rift with Tinubu But as the PDP reels with internal division and the crisis that has arisen over its governorship candidate in the Ondo poll, the APC governorship candidate, Mr. Rotimi Akeredolu (SAN), has boasted that he will defeat both Jegede and Ibrahim if they both combined to face him

that we are going to win this election and I have no doubt.” On his purported rift with Tinubu, the APC gubernatorial candidate said: “I don’t have any rift with him. Since the primary you would see that as the leader of the party, he has not said anything about it. He has accepted the primary and we are moving on. So I don’t have any rift with him at all and we are moving on.” He asked the state’s incumbent governor, Olusegun Mimiko, to ensure that there is security and peaceful coexistence in the state, alleging that those demonstrating on the streets of the state capital were paid miscreants by the state government. According to him, local issues in the PDP should not be externalised. He called on the security agencies to be up and doing so as to restore normalcy to the state. Explaining why he is leading the Akeredolu campaign organisation, Lalong said: “A few weeks ago, I was given the responsibility of leading the campaign on behalf of the National Executive for the Ondo election. “And the candidate since the election at the primary has not come to be presented to the leader of our party, that is Mr. President. So, today we came in with the candidate and to confirm to the president that APC has only one candidate, unlike other parties that are fighting over who is their candidate. “We have only one candidate

and that candidate is Chief Rotimi Akeredolu.” On the chances of APC winning in Ondo, the Plateau State governor said: “Well that is not a problem for APC. Since inception, you knew what happened in Kogi, you knew what happened in Edo, we won the elections. It was as if it was going to be very difficult for us, but we won the elections. “Today again we are going into Ondo. All the mistakes we made in other states we have corrected them; we are envisaging a very smooth election; not only a smooth election but the credibility of the candidate itself is something worth selling.” Commenting on Mimiko’s recent visit to Buhari, Lalong said: “Let me say that it was even wrong of them to start running to Mr. President to help them solve the problem of the PDP. “Mr. President is the President of Nigeria and he is not a member of PDP, even when we have problems in APC, we don't run to Mr. President. If he has a problem in his state, he is the governor, so let him stay there and resolve the matter. “It’s an internal matter between PDP and PDP and those matters are in court. So why should you run to the president? Is the president the chief judge of Nigeria? He is not the INEC chairman either.” Lalong said Buhari as a loyal party man endorsed Akeredolu as the party’s candidate for the Ondo governorship election.

Moderated by BBC News correspondent Lerato Mbele, the panel featured the Sierra Leonean president, former President Olusegun Obasanjo, former Prime Minister of Benin Republic, Mr. Lionel Zinsou, the Minister of Information and Culture, Alhaji Lai Mohammed, and Vice Chair

of Famfa Oil, Mrs. Folorunsho Alakija. Obasanjo congratulated Elumelu for the initiative, stating: “By every means, God has made His face to shine upon you. You are not the only one, but unlike you, others do not have the idea of empowering the next

generation of Africans in the manner and scale that you are doing.” In his remarks, Zinsou also reminded the participants that what Elumelu was doing to encourage and support entrepreneurship on the continent was the exception, not the norm.

government that had become notorious for disregarding court orders and judgments, could not be taken seriously, and could not be believed to be acting in good faith with its claim of invading the judges’ houses to fight corruption. Specifically, the lawyers noted with concern that several Nigerians accused of corruption, charged to court and granted bail by courts because they are entitled to bail, are still languishing in the custody of the DSS in utter disregard to lawful court orders. Among Nigerians said to have been granted bail, but are still being held by the DSS, are the former National Security Adviser (NSA), Col. Sambo Dasuki, Mr. Nnamdi Kanu and Air Marshall Umar Mohammed, adding that with the antecedents of the government and the DSS, the future of Nigeria’s democracy could be jeopardised. “The invasion of the judiciary is a threat to justice and democracy and anything that violates Section 158 of the 1999 Constitution must be resisted and defeated. “We urge Nigerians not

to allow any warped sting operation against marked judges who are not doing the bidding of the executive arm of government and the DSS to sail through. “How come nobody has called for the DSS to step aside from judicial prosecution until they have obeyed all court judgments against the agency? “We unanimously pass a vote of confidence on the National Judicial Council and the decision taken not to suspend the judges until due process of the law is followed and a prima facie case of corruption established against the affected judges,” the group declared. It added: “While we commend the NJC for defending the independence of the judiciary, the sanctity of democracy and the rule of law, and sanctioning judges who abused their offices, we urge the NJC to compile the list of government and security agencies that are disobeying court orders and direct the courts not to hear cases from such bodies until all outstanding court orders are obeyed. “Deciding to ignore

judgments that are not in your favour and implementing ones that protects your interests are clear signs of an emerging dictatorship.” Addressing the protesters, Executive Secretary of NHCR, Prof. Ben Angwe, assured them that the commission would not take sides or take orders in handling the arrests and alleged clampdown on some judges on allegations of corruption.

as candidates of the PDP in the state. Akeredolu, who was formally presented to President Muhammadu Buhari yesterday as the candidate of the party by the Plateau State Governor, Solomon Lalong, who also doubles as the chairman of Akeredolu’s campaign team, added that there was no rift between himself and the National Leader of the party, Senator Ahmed Bola Tinubu. Akeredolu had emerged the winner of a disputed primary alleged to have been marred by irregularities. His emergence became contentious, compelling some stakeholders in the ruling APC, including Tinubu and former Vice-President Atiku Abubakar, to call for the resignation of the party's National Chairman, Chief John Odigie-Oyegun. Tinubu and some other stakeholders had called for a rerun of the primary, alleging that the leadership of the APC compromised the process leading to Akeredolu’s emergence. Asked what his chances were facing Ibrahim as the candidate of the PDP, Akeredolu said: “I can assure you I would have been happier facing both of them together. If Eyitayo Jegede was chosen as candidate and Ibrahim as his deputy, I will still win. “In fact, Jegede happens to be a friend, Ibrahim too. Jimoh Ibrahim went to University of Ife. So, we have known ourselves for long. I have no fear of both of them. We know

ELUMELU PREACHES ENTREPRENEURSHIP, SAYS IT’S PATH TO INDEPENDENCE, SUSTAINABILITY wealth creators who share our commitment to the transformation of Africa.” Speaking on one of the programme’s stellar participants, Elumelu informed his audience that Mr. Momar Mass-Taal had turned his first $5,000 seed capital from the Foundation into a $1.2 million

revenue business. “We will have many more of these,” he added. The two-day forum buzzed with energy as entrepreneurs shared and gained knowledge, built cross-border partnerships, and connected with investors and policymakers, fostering intra-African innovation and

collaboration. The first day featured master classes, sector specific workshops, and an in-depth session on Africapitalism, while the second day featured high-level panels to identify policies for strengthening the enabling environment for entrepreneurs.

DSS’ DAILY INVITATION STOPS ARRESTED JUDGES FROM SITTING on cases, but the affected judges had not been sitting because of the daily visits to the DSS. Justices Ngwuta and Okoro were among the eight judges whose houses were raided and arrested last month for alleged corruption. But in separate letters to the CJN, the two justices denied any wrongdoing, blaming their woes on attempts by chieftains of the ruling All Progressives Congress (APC), especially the Minister of Transportation Rotimi Amaechi, to influence the appeals challenging the outcomes of the Rivers, Akwa Ibom, Ebonyi and Ekiti State governorship elections. Since their arrest by the DSS, there have been repeated calls by a section of the public for the justices to step aside while investigations against them continue. The President of the Nigerian Bar Association (NBA), Abubakar Balarabe Mahmoud (SAN), who initially condemned the action of the DSS, was later to ask all the affected judges to recuse themselves from further judicial functions or proceed on compulsory leave, until

their innocence was fully and completely established. But the National Judicial Council (NJC), which the CJN also chairs, rejected the call, saying that the DSS was yet to inform the council of its findings against the justices.

Lawyers Protest However, with the uncertainty over the fate of the judges yet to be resolved, a group of lawyers under the aegis of Lawyers in Defence of Democracy and Citizen for Good Governance yesterday took to the streets of Abuja protesting against the calls for their suspension. The legal practitioners, who claimed that the unconstitutional way and manner the judges were arrested was a threat to democracy, also appealed to the United Nations, United Kingdom, United States of America and Amnesty International to call the federal government to order and stop disobedience to the rule of law. They also called on the NJC and the CJN to direct courts in the country not to hear any applications from the DSS and

other agencies of government until they obey all pending court orders against them. During rallies staged at the Federal High Court headquarters, Federal Ministry of Justice, and the National Human Rights Commission (NHRC), the lawyers noted with regret that Nigeria was drifting to a dictatorship that might derail democracy and the yearnings and aspirations of Nigerian citizens. The spokesperson for the aggrieved lawyers, Mr. Ikenga Imo Ugochinyere, said that the executive arm, under the guise of fighting corruption, had debased the 1999 Constitution and violated the provisions of the supreme law with impunity. He appealed to the international community to take interest in the ugly trend and call those in authority to order. The lawyers, who carried placards with various inscriptions, condemned the method adopted in arresting the judges, insisting that the ploy was aimed at intimidating and harassing judicial officers to do the bidding of the executive arm of government. They claimed that the

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T H I S D AY • TUESDAY, NOVEMBER 1, 2016

NEWS

$30bn External Borrowing as Necessary Pill for Economic Revival Obinna Chima President Muhammadu Buhari last week wrote the National Assembly seeking approval to borrow $29.96 billion under the External Borrowing (Rolling) Plan to address the infrastructure deficit in the health, education, water resources and other sectors. The president’s letter, which was read at plenary by the Speaker of the House of Representatives, Yakubu Dogara, indicated that the $29.96 billion would be for proposed project and programme loans of $11.274 billion, $10.686 billion for special national infrastructure projects, Eurobonds of $4.5 billion, and federal government budget support of $3.5 billion. The president said the projects and programmes under the external borrowing plan were selected based on positive technical economic evaluations, as well as the contributions they would make to the socioeconomic development of the country, including employment generation, poverty reduction and protection of the nation’s vulnerable population. Some of the funds from the external borrowing plan would be deployed to emergency projects in the North-east, particularly following the recent outbreak of polio after the de-listing of Nigeria from polio endemic countries. A breakdown of how the proposed foreign loan would be disbursed showed that 61.2 per cent has been earmarked for bankable infrastructure projects while social programmes in health and education, the federal government’s budget support facility, agriculture and the Eurobond issue account for the balance. Also of the $29.96 billion

to be borrowed, the federal government will take up 86.3 per cent of total borrowings or $25.8 billion, while the 36 states of the federation and the Federal Capital Territory (FCT) will account for the balance of $4.1 billion. Nevertheless, divergent views have continued to trail the proposal by the federal government. While some Nigerians believe the foreign loans would help lift the country out of its present economic quagmire, some have said they would only jeopardise the future of young Nigerians and could impose a huge debt burden on the country reminiscent of the 1990s and early 2000s. However, officials of the Ministry of Finance have defended the borrowing plan, stating that under the external borrowing strategy, 75 per cent of the funds to be borrowed over the three years are at concessional terms with average interest rates of 1.5 per cent and tenures as long as 20 years. Only $4.5 billion comprise commercial fixed rates Eurobonds. Also, the International Monetary Fund (IMF) recently advised Nigeria to borrow to get out of recession. One official, who preferred not to be named, explained that with the current low revenues and oil price outlook mean there are limited options to finance the capital expenditure needed to stimulate the economy and get out of recession. Fixed recurrent outgoings (despite the efficiency and payroll savings are still N200 billion per month) while debt service consumes N120 billion monthly. In addition, funds from the Federation Account Allocation Committee (FAAC) receipts to

channelled into the fiscal levers that will drive growth,” he said. This, he added, is to be attained by ensuring that quality, revenue earning projects, such railway, power, among others are funded. Project execution is also critical, as failure to develop proposed projects would create a crisis. This can be attained by tying the borrowings to the projects and monitoring. The fiscal discipline to ensure the borrowed funds do not end up paying salaries as in the past is critical, the official explained. “The efforts of the Efficiency Unit and Presidential Initiative on Continuous Audit would be critical here in reducing overheads and salaries, respectively,” he noted. Also, the Director General of the West African Institute for Financial and Economic Management (WAIFEM), Prof. Akpan Ekpo, who is a former

vice-chancellor of the University of Uyo, has supported the plan to borrow externally. “I have always said external borrowing is what we need. Domestic borrowing is shortterm and not flexible. External borrowing is long-term and at concessionary rate(s). If you look at what the International Monetary Fund (IMF) is doing - zero interest rate. “Our revenue is declining because of the volatility in the oil market and our production has dropped significantly because of the attacks on oil installations. So we can’t avoid external loans if we are to revive the economy. We just can't do without it,” Ekpo explained in a phone interview yesterday. However, the WAIFEM boss said if the federal government succeeds, it must ensure that it puts in place robust monitoring and evaluation mechanisms “so that the money doesn’t go into wrong hands and end up not utilised for what it was meant for”. “You can’t raise taxes now because we are in a recession, you cannot sell assets now because they would be sold as peanuts, so external borrowing is the way to go,” Ekpo added. The proposed borrowing plan is completely different from the Paris Club debt. Indeed, one of the reasons the Paris and London Club debts became unsustainable was that in the 1970s and 1980s, Nigeria booked floating-rate loans when LIBOR was about four per cent, but when it was eventually re-priced above 10 per cent, the country could no longer service its debt. Also, prior to 2000, the debt management functions were performed in various ministries, departments and agencies – the Ministry of

Finance, Central Bank of Nigeria (CBN), National Planning Commission, etc. There was then no focus of responsibility. But today, the Debt Management Office (DMO) is now responsible for managing the country’s debt – both domestic and external under the guidance of a single minister, the Minister of Finance. There have also been, in the last decade, new laws enacted to focus on public debt management in order to avoid the mistakes of the past. These laws include the DMO Act, 2003; Fiscal Responsibility Act, 2007; and the Public Procurement Act, 2007. Under the new professionalised institutional arrangement, there are relevant technical analyses for advising on, monitoring and managing public debt. These include the annual Debt Sustainability Analysis (DSA) and Medium-Term Debt Management Strategy (MTDS) prepared by the DMO under the supervision of the Minister of Finance, in collaboration with other relevant ministries, departments and agencies (MDAs) – CBN, Ministry of Budget and National Planning, NBS, OAGF, with technical support from WAIFEM. Accordingly, a nation that is highly dependent on oil exports but wasted high oil revenues of the past six years and did not spend the funds on infrastructure, has no alternative strategy other than to borrow to meet its wide infrastructure deficit. The nation cannot afford to wait for oil prices to rise again in order to fix infrastructure because Nigeria is already in a recession and so doing nothing is not an option unless the nation is prepared to endure a prolonged recession.

200 cases when the camp clinic was established in 2014 to more than 500 in July 2016. The health worker said she believed that many more women could be infected but were ashamed to go to the clinic, and were likely to be suffering in silence without treatment. A Rapid Protection Assessment Report published in May by the Borno State Protection Sector Working Group made up of national and international aid providers, identified sexual exploitation, rape, and other sexual abuses as major concerns in nearly all 13 camps and several local communities hosting displaced persons in and around Maiduguri. Following his visit to Nigeria in August, the United Nations special rapporteur on the human rights of internally displaced persons Chaloka Beyani said the Nigerian government has “a tendency to downplay the problem of sexual violence and abuse” of internally displaced people. He expressed concern that this tendency “constitutes a hidden crisis of abuse with fear, stigma and cultural

factors as well as impunity for perpetrators, leading to under-reporting of abuse to the relevant authorities”. HRW said it had written to several Nigerian authorities in August requesting comments on the research findings. The Minister of Women Affairs and Social Development, Senator Aisha Jumai Alhassan, was said to have promised in a meeting with the NGO on September 5 to investigate the allegations and then respond. However, HRW said her response had not yet been received at the time of writing. “Failure to respond to these widely reported abuses amounts to severe negligence or worse by Nigerian authorities,” the report said. “Authorities should provide adequate aid in the camps, ensure freedom of movement for all displaced people, safe and confidential health care for survivors, and punish the abusers,” it added. Reacting to the damning report, Buhari yesterday directed the IG to commence investigations into the allegations made by HRW. The president, in a statement by his media aide, Mr. Garba

Shehu, said he was worried and shocked by HRW’s report, which alleged sexual abuse and exploitation of women and girls at the IDP camps. The statement said that the welfare of “these most vulnerable of Nigerian citizens had been a priority of Buhari’s government”. “Nigerians and the international community can rest assured that the allegations raised in the HRW report are not being taken lightly,” the statement added. It said Buhari had also instructed the governors of the affected states to immediately commence investigations into the issues raised in the report. It assured the public that the results of the investigation would determine the next course of action for the government and define an appropriate response. The statement added: “While the Nigerian military continues to work hard so that these unfortunate victims of Boko Haram terrorism can soon return safely to their homes, the government will do its best to ensure their protection and welfare in the temporary IDP camps.”

Minister of Finance, Kemi Adeosun the federal government average N200 billion and it is even projected to be N300 billion, even at full production (due to cash call arrears that were inherited), he added. “Currently much of the global markets have negative interest rates and there is appetite for Nigeria’s paper thus the federal government should be able to get a good deal for the nation. “Thus, the only option is for the federal government to borrow in the short-term to return to growth and then drive additional revenues to fund the additional debt burden. “Indeed, the infrastructure investment is expected to catalyse private capital into infrastructure and drive productivity and economic growth. But in order to achieve this objective, the federal government must ensure that the borrowed funds are

BUHARI ORDERS PROBE OF SEXUAL ABUSE AT IDP CAMPS According to the report, the victims had been displaced from several Borno towns and villages, including Abadam, Bama, Baga, Damasak, Dikwa, Gamboru Ngala, Gwoza, Kukawa and Walassa. HRW noted that in some cases, the victims had arrived in the under-served Maiduguri camps, where their movement was severely restricted after spending months in military screening camps. Senior Nigeria researcher at HRW, Mausi Segun, said it was disgraceful and outrageous that people who should protect vulnerable women and girls were the ones attacking and abusing them. “It is bad enough that these women and girls are not getting much-needed support for the horrific trauma they suffered at the hands of Boko Haram,” the report added. Four of the victims were said to have told HRW that they were drugged and raped, while 37 were coerced into sex through false marriage promises and material and financial assistance. “Many of those coerced into sex said they were abandoned if they became pregnant. They

and their children have suffered discrimination, abuse, and stigmatisation from other camp residents. “Eight of the victims said they were previously abducted by Boko Haram fighters and forced into marriage before they escaped to Maiduguri,” said the report. A 17-year-old girl said that just over a year after she fled frequent Boko Haram attacks in Dikwa, a town 56 miles west of Maiduguri, a policeman approached her for “friendship” in the camp and later raped her. “One day he demanded to have sex with me. I refused but he forced me. It happened just that one time, but soon I realised I was pregnant. When I informed him about my condition, he threatened to shoot and kill me if I told anyone else. So I was too afraid to report him,” the report revealed. According to HRW, the Boko Haram conflict has led to more than 10,000 civilian deaths since 2009; the abduction of at least 2,000 people, mostly women and children and large groups of students, including from Chibok and Damasak; the

forced recruitment of hundreds of men; and the displacement of about 2.5 million people in northeast Nigeria. The also report warned that the restricted movement in the camps is contrary to Principle 14.2 of the United Nations Guiding Principles on Internal Displacement, which provides that internally displaced person have “the right to move freely in and out of camps and other settlements”. The report further alleged that in some cases, men used their positions of authority and gifts of desperately needed food or other items to have sex with the women. For instance, a woman in a Dalori camp said residents get only one meal a day. She said she accepted the advances of a soldier who proposed marriage because she needed help in feeding her four children. He disappeared five months later when she told him she was pregnant. A medical health worker in one of the camps, which has 10,000 residents, said that the number of people requiring treatment for HIV and other sexually transmitted infections has risen sharply, from about

TUESDAY NOVEMBER 1, 2016 T H I S D AY

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TUESDAY NOVEMBER 1, 2016 • T H I S D AY

NEWS

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

Senate Investigates Volkswagen for Alleged Sabotage

The Senate has said it has commenced investigation into alleged breach of trust against the federal government by Volkswagen

Automobile Group. The Chairman, Senate Committee, on Customs, Excise and Tariff, Hope Uzodimma, made

240 Boko Haram Terrorists Surrender to MNJTF Chiemelie Ezeobi The firepower of the ground troops and joint air operation of the Multinational Joint Task Force (MNJTF) yesterday forced a massive defection and subsequent surrender of 240 remnants of the Boko Haram terrorists. The terrorists were given a run for their money during the Operation Gama Aiki, the codename used by the MNJTF and they not just surrendered but also dropped their arms and ammunition. It was gathered that they had surrendered following the sustained offensive operations and blockage of logistics supply routes, which made the terrorists’ locations untenable. According to Colonel Muhammad Dole, the Chief Military Public Information Officer, it was a result of the sustained offensive that the Boko Haram suspects and their families abandoned their locations and surrendered with their arms to the nearest locations of the ground forces in the operation areas. He said: “The recent wave of mass defection took place in Sector 2 Area of Responsibility (AOR) Bagasola in Chad. “A total of 240 Boko Haram terrorists surrendered; some of them with arms and ammunition. They are being profiled and camped in Bagasola. “During his operational visit to Sector 2 AOR, the Commander MNJTF, Major General Lamidi Adeosun, addressed the e-Boko

Haram terrorists and their families. “The Commander commended the leaders of the ex-Boko Haram terrorists for their courage and taking the right decision to abandoned terrorism and insurgency for normal life. “He assured them of safety and good care as long as they remain in the camps. He also urged them to encourage their colleagues in the bush to stop fighting and join them in the camps. “This peaceful disarming and profiling of the ex-Boko Haram terrorists by the MNJTF forces, clearly demonstrated extent of professionalism and adherence to International Humanitarian Laws and Laws of Armed Conflict in combat operations. “The Commander MNJTF donated token cash for purchase of two cows and 10 bags of assorted food stuff for each of the two groups for the welfare and up keep of the ex-Boko Haram terrorists and their families. “This brings to the total number of surrendered Boko Haram terrorists to MNJTF troops in sector two to 464. “While addressing a team of international non-governmental organisations operating in the camps, the vommander praised their commitment and sacrifice in discharging their humanitarian duties. “He implored them to mobilise more resources and manpower, as more Boko Haram terrorists are expected to defect and join their colleagues in the camps.

this known while briefing journalists in Abuja yesterday. Uzodimma said there were indications that the company was not assembling vehicles in Nigeria contrary to its claim. According to him, the committee, while on oversight visit to the plant in Lagos, discovered a large number of vehicles in the company’s warehouses supposedly assembled and shipped into Nigeria. The News Agency of Nigeria (NAN) recalled that in 2015, Volkswagen Group got the approval of the government to partner Stallion Group, a private automobile company, to assemble Volkswagen brand of vehicles in Nigeria. Uzodimma disclosed that during the inspection of the company’s facility, the committee discovered that no serious activity was noticed to suggest that the number of cars stored in the warehouses were assembled in its premises. He said such practice was

contrary to the country’s automobile policy, which among other things, put restrictions on foreign assembled vehicles. He insisted that the discovery would be investigated and that if found to be true, “those responsible will be brought to book.’’ The committee chairman explained that the restriction on foreign assembled vehicles was part of measures by the federal government to create jobs for Nigerians. He vowed that the Senate would thoroughly investigate the matter and ensure that any breach of contract by the company would be addressed to its logical conclusion. “What we discovered at the Volkswagen of Nigeria is an issue of national concern. “We discovered that the type and number of vehicles we saw stored in that facility is very alarming and it does not help government’s intention to create

an auto policy that will create local empowerment. “In spite of those restrictions, I am surprised that this company is able to manoeuvre to bring in foreign assemble vehiches. “We will take it to every extent that it requires to ensure that every form of economic sabotage in this economy must be stopped and those behind it brought to book,’’ he said. The lawmaker expressed concern that with recession hitting hard on the country, any form of sabotage that would deprive citizens of their privileges would not be condoned. He also disclosed that the committee had begun investigation into ports activities and various customs commands in Lagos State over suspected compromise cases. The Senator saidwhile on inspection tour to Idiroko, Seme and Ikorodu area commands of customs, the committee discovered several

irregularities which suggested that the Act establishing the service was being flouted. “What we are doing is going to be a continuous process. “We will start from the committee level to the Senate in plenary, to the National Assembly and to consultation with the president, that is, the executive, and there will be an enforcement programme too,” he said. Uzodimma called for PublicPrivate-Partnership (PPP) to improve the capacity of the customs service for better revenue generation. “What is in vogue all over the world is public sector partnering the private sector and Nigeria will not be an exception. “The areas that are not possible to immediately fund through the national budget, we should explore the option of PPP and if that happens, it will be a winwin situation and it will create employment for our people,” he added.

WITH THE PRESIDENT Police Recruitment: FG, Senate AUDIENCE President Muhammadu Buhari (first right), receiving the Governor of Plateau State, Hon. Simon Lalong (second right); and the All Progressives Congress (APC) gubernatorial candidate for Ondo State, Chief Rotimi Akeredolu in State House in Abuja...yesterday Adopt Community Policing, to State House. Recruit Nine Officers Per LG PDP Berates Fashola, Says Lagos Better

Omololu Ogunmade in Abuja

The federal government and Senate have resolved to prosecute the current recruitment of 10,000 policemen on the basis of local government structure and principle of equality that will witness the recruitment of nine candidates from each local government area as against the earlier plan of equality per state. Making this disclosure yesterday in Abuja, Chairman, Senate Committee on Police Affairs, Senator Abu Ibrahim, also said the Senate, the Police Service Commission (PSC) and the Inspector-General of Police (IG), Ibrahim Idris, had resolved the dispute which arose among them on the formula to adopt in the recruitment process. He said with the amicable resolution of the dispute, the recruitment process which had hitherto been stalled by the dispute would now resume. He also said the resolution followed the intervention of

President Muhammadu Buhari after a letter was sent to him by the Senate Committee on Police Affairs, calling for his intervention on the dispute. The Senate had prior to the suspension of the process insisted that the recruitment be done on local government basis whereas the PSC said it muast be done on state basis adding that the Police Force must be carried along in the recruitment process. “We have resolved the issue and the recruitment would be done on local government basis. Very soon, the exercise will resume. Nine personnel would be recruited per local government area. The policemen would be used to form a unit for community policing in all the 774 local government areas of the country,” Ibrahim said. He also revealed that in the next three years, 30 personnel would be recruited per local government for the community policing exercise to enhance effective policing in the country.

under Ambode

Warns Buhari against relying on former governor Gboyega Akinsanmi The Peoples Democratic Party (PDP) has berated the Minister of Power, Works and Housing, Mr. Babatunde Fashola, for celebrating a proposal to add 30 megawatts to Gurara-hydro power plant. However, the party said Lagos State under the administration of Governor Akinwunmi Ambode has undergone improvement and transformation in all areas Fashola abandoned. This was contained in a statement the Publicity Secretary of the state PDP, Mr. Taofik Gani, issued at the weekend, warning President Muhammadu Buhari against relying on what it described as Fashola’s unverified claims of achievements as minister. Under a period of 17 months,

the party attested to dramatic transformation the Ambode administration has brought to all areas of the state that the former governor refused to make strategic intervention at the time of need. Although it denied adopting the Ambode administration, the party admitted that Lagos residents “can now see signs of government presence in some erstwhile abandoned areas under Fashola.” He urged the president against relying on Fashola’s unverified claims of achievements, noting that as the former governor of Lagos State, Fashola “has the style and practice of promoting mediocrity, propaganda and inappropriate speculation.” It gravely concluded that in the opinion of the Lagos State chapter

of PDP, Fashola “remains a misfit as a lawyer to occupy such combined ministries of engineering specialties. “This patriotic advice is on the heels of the minister celebrating a proposed injection of a mere 30 megawatts of power from the Gurara-hydro power plant, when indeed the minister has collected monumental funding well enough to have injected over 500 megawatts into the National grid.” It described Fashola’s attempt to celebrate 30 megawatts as laughable, though claimed that because Fashola should rather admit failure having mismanaged the power ministry “to now cause a drop of supply from over 6000 megawatts when he took over to now less than 2000 megawatts. “We sincerely advise President Muhammadu Buhari to be very

weary of the deceptive skills of Fashola who will usually hype and celebrate even mediocrity. Fashola has penchant for misrepresenting facts of his achievements in government and would always rationalise obvious inadequacies. “As governor of Lagos State, he enjoyed unprecedented revenues and donations, yet left many services untouched or unfinished. He however deliberately funded his pro-Fashola media and commentators so much that pseudo and exaggerated achievements were ascribed to him. “He employed this model to promote his eight-year government of mediocrity. Fashola ended up making Lagos State be the biggest debtor with local and foreign debts well over N1trillion.”

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TUESDAY NOVEMBER 1, 2016 • T H I S D AY

NEWS

Oil Prices Fall to One-Month Low as Concerns Mount over OPEC Deal Ejiofor Alike with agency reports Oil prices dropped more than $1 a barrel yesterday to hit onemonth low on doubts about the Organisation of Petroleum Exporting Countries (OPEC)’s planned production cut and a

build in US crude inventories at the Cushing, Oklahoma storage hub. The drop in crude prices followed signs of deadlock at a technical OPEC meeting in Vienna as the producer group battled to work out an implementation framework to seal a deal agreed

Kukah Felicitates with Obanikoro, Fani-Kayode, Abati at EFCC Iyobosa Uwugiaren In Abuja The Bishop of the Catholic Diocese of Sokoto, Matthew Hassan Kukah, yesterday felicitated with some of the inmates in the custody of the Economic and Financial Crimes Commission (EFCC), including former ministers, Chief Femi Fani-Kayode, Senator Musiliu Obanikoro and a former presidential spokesperson, Dr. Reuben Abati, commending the anti-graft agency on its facilities. The catholic priest, who was conducted round the facilities by the acting Chairman of the commission, Ibrahim Magu, expressed delight that the detainees appeared to be in high spirits despite the discomfort of temporary restriction. He urged them not to be depressed and to see their current travail as celestial. Also speaking, Magu told the inmates that their incarceration

was not personal. “It is not personal. This is all about Nigeria and making it better. And I think there is a consensus around this,” the EFCC boss said. Kukah who prayed for the inmates before leaving the corporate headquarters of the anti-graft commission, summed up his visit thus: “I discussed with some detained suspects like Fani-Kayode, Obanikoro and Abati; and I am quite pleased they are looking cheerful. “I was also happy with the humility of the acting chairman who took me round and the way he interacted with the detainees. This is what is important for our country so that nobody takes these kinds of things personal. I am happy I came.’’ Kukah said every Nigerian is a staff of EFCC to the extent that the people want a better country and they are doing what needs to be done.

in September to reduce the volume of inventory in the international market. A meeting with non-OPEC producers including Brazil and Russia also appeared to have ended in deadlock as officials from the cartel and non-member producers met in Vienna on Saturday, but did not come to specific terms. They agreed only to meet again before a scheduled regular OPEC meeting on November 30. Reuters reported that on Friday, talks in Vienna between OPEC members sputtered following

objections from Iran, which has been reluctant to even freeze its output, sources said. Global benchmark, Brent was yesterday down $1.50 at $48.20 a barrel after hitting $48.17, its lowest since September 29. The more active next-month Brent contracts were down $1.39 at $49.29 a barrel. US West Texas Intermediate futures were trading down $1.31 at $47.39 a barrel after falling to $47.36, the lowest since September 30. Compounding the bearish sentiment was data from energy

monitoring service Genscape, cited by traders, which showed a build of 585,217 barrels of crude at the storage hub and delivery point for WTI futures in Cushing in the week to October 28. Global oil prices have risen by as much as 13 per cent, encouraging a recovery in the industry after OPEC announced on September 27 a production cut to boost prices after a slump that began mid-2014. But General Electric Co, which announced yesterday that it would merge its oil-and-gas business with Baker Hughes Inc, said the move

assumes a “slow” oil price recovery. A representative for oil transport company Euronav NV said yesterday it is unlikely that OPEC will push up prices due to Iran and Iraq, which has also resisted cuts. OPEC had not specified how much each individual member should cut, saying that will be finalised at the November 30 meeting. Non-member Russia had agreed to talks to cooperate, but a draft federal budget showed it expects to increase its output by 0.7 per cent next year and 0.9 percent in 2018.

THISDAY Home+Design, Essential Interiors Magazine Set to Hold Luxury Home & Hospitality Exhibition Nov 4-6 THISDAY Home+Design in collaboration with Essential Interiors Magazine is set to present an exclusive preview of Nigeria’s premier Luxury Homes & Hospitality Exhibition: MADE BY DESIGN. The exhibition will be staged at The Landmark event centre, Lagos, from November 4-6, 2016, and will showcase some of the most valuable, elegant and remarkably unique luxury home and hospitality products offered in Nigeria. The event is designed to provide beneficial collaboration and networking experience among key players in the luxury home

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TUESDAY NOVEMBER 1, 2016 T H I S D AY

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

COMMENT

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

ACCOUNTABILITY AND THE DEMONS IN ASO VILLA

Ikeogu Oke argues that the so-called ‘evil forces’ in AsoVilla could be overcome with positive and patriotic action

euben Abati’s widely published piece, “The Spiritual Side of Aso Villa,” deserves very critical attention for its implication for accountability. That implication, which I consider harmful, is that it creates grounds for anyone who has operated and may operate from Aso Villa, our country’s seat of power, to argue their exoneration for any wrong attributable to them on the grounds that the villa, as Abati would have us believe, is a place where “the forces of darkness” hold sway and control the actions of its inhabitants. Indeed, if we accept that people act under the influence of such forces which they cannot resist, why hold them accountable for their actions even by law, which considers acting under duress – in this case the duress of demons – as a basis for the exculpation of an accused person? So if we asked the first tenant of the villa as Head of State why he annulled the June 12, 1993, presidential election, an act many consider wrong for the attendant economic waste and injustice to various stakeholders, he would be justified to respond that he couldn’t have acted otherwise considering the influence of such malevolent forces. And if it were possible to prosecute one of his successors posthumously over the loot being recovered offshore and said to belong to him, and ask him why he would engage in such rapacious plunder of the public till while in office, he could argue for his acquittal with a response that those “forces of darkness” made him do it. And if we continued to blame the first occupant of the villa as civilian president for the disruptive “third term” project and some other wrongs linked to him while in office – like the corruption of the politics of a certain state with violence for which a renowned writer rejected a national honour he gave him – he might overturn our justification for blaming him by claiming that he acted under the influence of the same “forces of darkness.” And if we were to criticise one of his successors whose Minister of Finance and Coordinating Minister for the Economy was quoted as having said that the government under him lacked the political will to save for our country’s future, he might tell us it was the same evil forces that prevented him from saving, and sue for our understanding. And for those wrongs for which we may feel justified in blaming our leader to whom Abati apparently alludes with the remark, “No Nigerian President should be in spiritual bondage because he belongs to all of us and to nobody,” he may deflect our blame by attributing them to the “spiritual bondage,” and ask us to bear with him, rather than take responsibility for such wrongs. However, the most intriguing thing, for me, is that “the forces of darkness” said to plague Aso Villa do not prevent its occupants at the top from desiring to exhaust or extend their tenures in office. One of them, on leaving office, said he was stepping aside, implying his intention to step back in someday as he tried to do by trying to run for president. Another military head of state like him sought to transmute into a civilian president, having set up sham political parties which a former Attorney General and Minister of Justice famously described as “the five fingers of a leprous hand.” Does that mean they would rather prolong their torment by those “forces of darkness”? Another sought to wangle for himself an extra term in office. And yet another fought probably the most bitter and divisive election in our

IF PRAYERS COULD GENERATE REVENUE, NIGERIA COULD BE THE RICHEST COUNTRY IN THE WORLD. THOUGH A VERY PRAYERFUL NATION, WE IMPORT A WIDE RANGE OF GOODS FROM AN ATHEIST, PRAYERLESS NATION LIKE CHINA WITHOUT SEEMING TO PONDER WHAT GIVES A NATION THAT DOESN’T PRAY SUCH AN EDGE OF PRODUCTIVITY OVER ONE THAT PRAYS

country’s history apparently to remain in the company of the same evil forces that had tormented him and his aides for almost six years. Then think of this: in most cases they parted ways with the said “forces of darkness” with better stories to tell about their personal finances. Yet we are expected to believe that the forces, if they exist, are not being maligned as unkind to them. Here, for the avoidance of doubt, is a summation of Abati’s views to which I respond: “When Presidents make mistakes, they are probably victims of a force higher than what we can imagine. Every student of Aso Villa politics would readily admit that when people get in there, they actually become something else. They act like they are under a spell. When you issue a well-crafted statement, the public accepts it wrongly. When the President makes a speech and he truly means well, the speech is interpreted wrongly by the public. When a policy is introduced, somehow, something just goes wrong … Those mistakes don’t look normal … I am therefore convinced that there is an evil spell enveloping this country. We need to rescue Nigeria from the forces of darkness. Aso Villa should be converted into a spiritual museum, and abandoned … I am tempted to suggest that this is indeed a country in need of prayers …The President … can make wrong decisions based on the cloud of evil around him.” All the wrongs Abati attributes to “the forces of darkness” can be rationalised or explained in existential terms. For instance, if a president appoints his speechwriters based on primordial considerations rather than merit, and in spite of their questionable competence, then he may end up with speeches marred by embarrassing flaws including plagiarism, on which his critics may pounce. I think Nigerians are already praying in excess, alas with hardly any proof that our prayers are being answered, unless we do not pray for the good life and a united, just, peaceful, prosperous, well-governed and corruption-free nation. If prayers could generate revenue, Nigeria could be the richest country in the world. Though a very prayerful nation, we import a wide range of goods from an atheist, prayerless nation like China without seeming to ponder what gives a nation that doesn’t pray such an edge of productivity over one that prays. My favourite definition of prayer is by the American philosopher and transcendentalist Ralph Waldo Emerson. He says, “Prayer is the contemplation of the facts of life from the highest point of view.” It is like reckoning that we cannot pray a bridge over a river with folded hands; but with the right knowledge of bridge building and effort we can build a bridge over a river even without praying. Nor can we pray ourselves to economic prosperity amid unbridled corruption and a poor work ethic. Or expect our prayers to be answered if misaligned with our actions, like praying for peace while fomenting crises. I believe we can overcome “the evil forces” in Aso Villa with positive and patriotic action. And if we abandon the villa and build a new one, can’t the same forces relocate to the new one and haunt its inhabitants such that they continue to make wrong decisions that derail our collective destiny? Oke, a poet and public affairs analyst, wrote from Abuja

APC, CANDIDATES AND PARTY LOYALTY Forum of ex-members of House of Representatives complains of neglect, writes Henry Agaba

pon the formation of the All Progressives Congress (APC), ahead of the 2015 polls, not many Nigerians gave the party a chance of survival talk less of winning the 2015 polls. For this obvious reason and typical of the Nigerian political class, some founding fathers of the party suddenly jumped ship to the ruling Peoples Democratic Party (PDP) ahead of the 2015 polls. Also, some visionary PDP members who were fed up with the PDP’s misrule and saw prospects in the APC willingly defected to the APC. This development never deterred these APC faithful, who truly and genuinely believed in the party’s philosophy and manifesto. Theirs were that having worked so hard to form the party, it was of no use dumping the party at the middle of the road. This was a true mark of party loyalty that is uncommon among Nigerian politicians. With Muhammadu Buhari’s emergence as the party’s presidential candidate, these loyal party members and candidates doubled their efforts to ensure the victory of the party at all levels. At the end, their inputs paid off with APC’s presidential victory at the polls against the ruling PDP, the first of its kind in the country’s political history. Coming on the altar of the change mantra, expectations and hopes were high among the APC faithful, having worked so hard for the party’s victory. Disappointedly and right from the onset of President Buhari’s government, it appeared the government

had quickly forgotten how party loyalty and hard work by committed party members gave the party victory at the polls. Obviously, initial appointments by the government indicated that party loyalty has been exchanged for comradeship. Eyebrows were raised, but government spin doctors defended the action, arguing that it was too early for party loyalists to complain of being abandoned or side-lined. These loyalists, especially the House of Representatives candidates that lost their elections as wounded warriors endured and persevered, hoping that things would get better. Unfortunately, almost two years down the lane, the trend has not changed. In view of this, many concerned party leaders have expressed their fears and worries over the development, which is unprecedented in party politics in Nigeria. They alleged that the APC-led government has been ambushed and hijacked by few individuals that contributed nothing in the party’s victory at the polls. One of Buhari’s long-time political allies and one of the founding fathers of the APC, Alhaji Buba Galadima complained bitterly over the development in his recent interview with The Guardian newspapers. Galadima said: “Up till now PDP is intact and about 99 per cent of the offices of 557 agencies of the Federal Republic of Nigeria and even the political appointments by our APC government are PDP members. These people were not known to have participated in bringing

this government into office.” Appeared to be worst hit by this development are APC House of Representatives’ candidates that lost their elections in their constituencies to the PDP desperate machineries and other unforeseen circumstances beyond their control. The group, which operates under the guise of Forum of All Progressives Congress (APC) 2015 House Of Representatives Candidate (APC 2015 HORC), is made up of renowned professionals or accomplished politicians. They are the closest to the grassroots in terms of their reach, number and strength. Currently, they are made up of 135 members and have continued to carry the banner of the party in their respective constituencies. Truly, they came together on the realisation of the need to encourage each other to keep the flame of APC burning and the party’s flag flying in their respective federal constituencies, in order to overcome the setback suffered by the party in losing the federal seats in those constituencies and to checkmate the impact of the loss in future elections with a view to recovering those seats for the party in the next available opportunity. They have also expressed their satisfaction with the way and manner the president has piloted the affairs of the nation since assumption of office and congratulated him on the landmark accomplishments so far recorded especially in the areas of security, anti-corruption, diversification of

the economy and management. So also is the president’s handling of anti-terrorism efforts in the North-east and militancy in the Niger Delta and elsewhere in the country. The recent release of about 21 Chibok girls by Boko Haram, they see as a crowning glory to president’s effective approach to the challenge of Boko Haram insurgency. They have equally expressed confidence in the ability of the president and capacity of the APC’s federal government to pull the nation out of the current economic recession and wholly endorsed the economic policies and palliative measures put in place by the president to tackle the current economic challenges. Prominent members of the 135-member forum include its chairman, Musa Danjuma Goyo and secretary, Chibuzor Obiakor. Others include former members of the sixth and seventh House of Representatives. All members of the forum have paid and still paying their dues in the APC, despite the situation on ground. That, no doubt, is clear mark of undiluted party loyalty that deserves recognition, considering that party politics anywhere in the world do not only encourage loyalty, but reward loyalty appropriately and handsomely. That is what Buba Galadima, Rochas Okorocha, Bisi Akande, and other party stakeholders are clamouring for in the party, before it becomes too late. Dr. Agaba, a development expert, wrote from Abuja

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

EDITORIAL THE GUIDELINES FOR REPORTING JUDGES

The NJC lacks the power to restrain the press from discharging its duties

ollowing the recent arrest of some serving and suspended judicial officers by the Department of State Services (DSS) over allegations of corruption, the National Judicial Commission (NJC) has come up with some guidelines to deal with issues bordering on abuse of office on the bench. The measures are designed not only to expose judges who soiled their hands but also to protect the innocent ones who could be victims of malice in a milieu where people believe the worst of public officials. And to the extent that a crooked judiciary is an open invitation to anarchy for any nation, we commend the NJC for the efforts to restore integrity to the institution. However, we are worried about the procedure laid down by the NJC with respect to the consideration of a petition against any erring judge. Going by the guidelines, a petition against a judge shall be accompanied by a sworn affidavit and submitted to the NJC secretariat. A copy of the accompanying affidavit shall be deposited THE GUIDELINES in the court where LEAVE A GAPING HOLE it is sworn before a THAT COULD MAKE commissioner of oath and once the petition INVESTIGATING A is admitted, it shall JUDGE PRACTICALLY be forwarded to the INEFFECTUAL respondent judge for his/her comment. Upon the receipt of the reply of the respondent judge, a three-member panel of the NJC shall be constituted to inquire into the complaint. Furthermore, both the complainant and the respondent judge are at liberty to call witnesses and tender documents at the hearing of the petition. At the conclusion of the oral proceedings, the panel shall submit a report to the NJC. Before the meeting of the NJC, copies of the report shall be circulated to the members. It is only after a final decision is taken that the media would be communicated.

On the face value, one can argue that there is nothing wrong with trying to protect the integrity of people who are deemed innocent before the law, even when damaging allegations are made against them. But from the guidelines, it is also crystal clear that a petition against a judge could be leaked to the media without the knowledge or consent of a petitioner, given the fact that it would go through the secretariat of the NJC, while members of the investigative panel would also be availed copies. Therefore, since any petition published in the media is liable to be dismissed by the NJC, the respondent judge could then deliberately leak it to the media if he/she has no defence to the allegation against him or her.

M T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOlAJI ADEBIYI, JOSEph UShIGIAlE MANAGING DIRECTOR ENIOlA BEllO DEPUTY MANAGING DIRECTOR KAYODE KOMOlAfE CHAIRMAN EDITORIAL BOARD OlUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

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

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOlA BEllO, KAYODE KOMOlAfE, ISRAEl IWEGBU, EMMANUEl EfENI, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OlUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDElIS ElEMA, MBAYIlAN ANDOAKA, ANThONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEh ASSOCIATE DIRECTORS hENRY NWAChOKOR, SAhEED ADEYEMO CONTROLLERS ABIMBOlA TAIWO, UChENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUhI GROUP HEAD fEMI TOlUfAShE ART DIRECTOR OChI OGBUAKU II DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO

eanwhile, to establish the source of the leakage, the NJC would have to conduct another investigation to prevent a situation whereby a petition is dismissed due to no fault of the petitioner. Since the NJC has no power to compel the media to disclose the source of any publication, it is not likely to get to the root of the leakage. That is where the problem lies. Having regard to the fact that the NJC is a public institution, it cannot gag the press from reporting its activities. More importantly, the NJC lacks the power to restrain the press from discharging the duty conferred on it by section 22 of the constitution to promote accountability and transparency in government. And to the extent that the petition against a judge is a public document, it could be made available to any Nigerian journalist pursuant to section four of the Freedom of Information Act. The implication of the foregoing is that the guidelines leave a gaping hole that could make investigating a judge practically ineffectual. The NJC may therefore have to take a second look at some of the provisions. Meanwhile, the NJC can continue to protect the integrity of the judiciary by conducting speedy and transparent investigation of allegations of misconduct against judicial officers.

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FOOD SECURITY AS CRITICAL COMPONENT OF NATIONAL SECURITY “The only way to eradicate poverty is to create the enabling environment where every entrepreneurial skills thrive” -President George Bush, Jr.

n Nigeria, our security agencies have been drumming the slogan that security is everybody’s business. Although this statement may be true, however it is the major responsibility of any government to provide adequate and reliable security for its citizens while the ultimate security of any man or society still lies with God according to Psalm 127 verse 1 (KJV). Except for isolated cases, with the ongoing economic recession in the country, the recent increase in crime wave can be traced to poverty. As a result of the prevailing harsh economic climate, there have been reported cases of people stealing foodstuff from markets and pots of soup from their neighbours just to assuage the pangs of hunger ravaging their families. And in one extreme case, a man from the South-South geopolitical zone of the country was accused of multiple murder. He reportedly killed his wife and daughter. According to the suspect, he could no longer afford to feed the victims and hence he resorted to killing them to enable him cater for himself alone. Same goes to increase in the rate of commission of crimes like armed robbery, kidnapping for ransom/money rituals, fraud/419 cases and prostitution in different forms. This recent upsurge in crime can be traced to the door-steps of Mr. Poverty. There is therefore food for thought and much

of wisdom in the prayers of King Solomon, the ancient King of Israel who was famous for his wisdom and wise sayings/ proverbs. King Solomon, the son of King David made a prayer request unto God that is worthy of our consideration and attention both as leaders and the led: “Two things have I required of Thee (God); deny me them not before I die; remove far from me vanity and lies; give me neither poverty nor riches; feed me with food convenient for me. Lest I be full, and deny Thee, and say, who is the Lord? Or lest I be poor, and steal, and take the name of my GOD in vain.” Proverbs 30:7-9, KJV. From the above related accounts, one can note that both food security and national security are closely related. The issue of national security cannot be properly tackled without addressing the critical component of food security through increased agricultural production and agricultural-related businesses. And food security is not just about agricultural mechanisation and increased growth enhancement scheme (GES) alone especially in the area of fertiliser inputs to increase farm yields. It will be a waste of resources, if value is not added to these increased yields in agricultural products through the value chains. However, it should be noted that food security chain or process is not complete if the food so produced in abundance in the rural areas cannot get easily transported to the urban areas where they are needed to be exchanged into cash due to lack of motorable roads. As a result, this may lead to a glut and post-harvest losses. And so there are two

critical areas that the government should address if its agricultural policies should guarantee food security. Policies that may lead to increased farm yields are good. But they can be counter-productive if the products so produced are left to rot away on the farm lands. Hence there is need for government to give due attention to construction of motorable link-roads in order to facilitate the evacuation of farm produce from the stable crops processing zones or farmlands to the areas where they may be needed in commercial quantities. In addition, more cottage industries should also be established to add value to these agricultural produce, thereby creating job opportunities to some young secondary school leavers, engineers/technologists and technicians. And to boost the morale of these young people who want to go into agriculture as a business venture, the authorities should also ensure the adequate provision of social amenities like potable water, stable electricity, recreation/sports centres, and VIP restrooms/toilets. These morale-boosting measures will draw away our vibrant and energetic youths who may be idle and jobless in the cities and facilitate their return into their respective home towns and villages thereby making the cities to be less congested. The multiplier effect of that singular step will lead to a drastic drop in the commission of crime since our youth will now channel their energies into positive productive ventures in the areas of agricultural and agro-allied industries. Gbemiga Olakunle, JP General Secretary, National Prayer Movement

01.11.2016

WEEKLY PULL-OUT

‘ZERO-OIL PLAN NIGERIA'S COMPARATIVE ADVANTAGE LIES OUTSIDE OF OIL’

Olusegun Awolowo

2/DASHBOARD

01.11.2016

Ingredients for Proving Criminal Trespass PAGE 4

Litigants Urged to Embrace ADR for Quick Resolution of their Disputes PAGE 5

Nigerian Arbitrators Converge in Port Harcourt for Annual Conference and Gala Nite PAGE 5

‘Lawyers Should not be Seen as a Last Resort’ PAGE 6

QUOTABLES ‘This is the time to plead with those Seniors and privileged Senior Advocates who claim in the media to know the bad ones, to name names and shame those Senior and Junior lawyers and Judicial Officers who they knew perpetrated endemic corruption and have brought the administration of justice to shame. Judicial Officers must be treated in accordance with the law and rules of the NJC and not any noise of the market.’ – Adegboyega Awomolo SAN

'Is there anyone in Nigeria that doesn't know that the Judiciary is manifestly corrupt? The level of corruption in the Judiciary, it is a culture, an enterprise, a beneficial enterprise among many of the Judges.’ – Dr. Tunji Abayomi, Legal Practitioner and Human Rights Activist

Be Fair to All, Lagos CJ Charges Customary Court Judges PAGE 7

DSS Raids, After the Dust Settles, Let the Truth Walk Free PAGE 7

Eyitayo or Jimoh? PAGE 11

COLUMNISTS STEPHEN KOLA-BALOGUN Stephen Kola Balogun, is a vastly experienced Legal Practitioner who obtained his LL.B from University of Ife and LL.M from School of Oriental & African Studies, University of London. He has Post-Graduate Diplomas in Intellectual Property Law, Construction Law, Management and Arbitration. He has served in various capacities since his Call to the Nigerian Bar in 1982, including practicing at Akinjide & Co., and lecturing part-time at Oxbridge Tutorial College. He was the Honourable Commissioner for Youths, Sports and Special Needs, State of Osun, August, 2011 to November, 2014. He is currently the Principal Partner at Kola Balogun & Partners. SKB, as he is fondly called, is accredited with several publications to his name, both International and Domestic.

MICHAEL JONATHAN NUMA The word“Canvass”in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs KarinaTunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

GUEST COLUMNIST OLAWALE FAPOHUNDA

The Tragedy of the Arrest of Judges

agree with President Muhammadu Buhari that ‘we have to kill corruption before corruption kills us”. Although I think someone should tell Mr. President that while his administration is busy fighting corruption, the ‘children of corruption’, i.e. poverty, hunger and criminality in all its facets have developed killer fangs and may just kill us, even if we survive corruption. I have a lot respect for the men and women in our security institutions, mainly for their services to the fatherland. The DSS is an institution that I have grown to view with suspicion. My experience as a blue-eyed lawyer with the Civil Liberties Organisation in the military era plus my stint as an Attorney- General of a State that was then governed by an opposition party largely conditioned my reasoning to the possibilities of abuse of power by security agencies. Indeed the last time I heard of the phrase ‘sting operation’ was just before the 2015 elections, when the DSS spokesperson announced to Nigerians that they had through a sting operation, discovered a house in Ikeja area where the All Progressives Congress was printing voters card for the purpose of rigging the 2015 election. Nothing much was heard of that sting operation after the initial media blitz. I have gone through three dictionaries plus an Internet search for the meaning of the phrase sting operation. I have been unable to reconcile my findings with the DSS description of its invasion of the houses of the Judges. I have also gone through the enabling law of the DSS, the more I look, the less I see any provision that specifically empowers it to investigate, arrest and prosecute acts of corruption of any kind. I have read the views of some of my colleagues who have sought to link national security with corruption and attempted to dress our own DSS in the clothes of the United States FBI. I struggle with this reasoning. Steeping on each other’s mandate and scope of jurisdiction is one of the troubling attributes of our security agencies. What wont Nigerians give to have the DSS conduct successful sting operations on the houses of Abubakar Shekau, leader of Boko Haram or those of the leadership of the Niger Delta Avengers or of those herdsmen who raid communities killing and maiming innocent Nigerians. I have said elsewhere that the National Judicial Council (NJC) should be reformed, not reform for the sake of it but because Nigerians want a judicial system that works in the interest of justice. The inherent flaws in the organisational structure of the NJC impacts negatively on the efficiency of the judiciary. For example, it is less than ideal that the membership of a body established to supervise the judiciary and judicial officers, should be dominated by serving judicial officers. This could lead to conflict of interest amongst members of the body. I am well aware that finding the balance between judicial independence on one hand and public accountability on the other is a critical challenge. This is a challenge the NJC must meet. I have been deeply saddened by the role and approach of the leadership of the Nigerian Bar Association (NBA) to this episode. First, by rushing to the media without the benefit of hearing from the DSS and secondly, in an ill-advised attempt to walk back on its initial blunder went to town with another deeply troubling statement, asking the NJC to suspend the judicial officers in question pending the resolution of the corruption allegations against them. This position was further confirmed at a meeting of the Body of Senior Advocates. The hypocrisy of it all is that till date, neither the leadership of the NBA nor the Body of Senior Advocates recommended by the same reasoning that the privileges accorded the Senior Advocates currently being prosecuted by the

DSS Director General,Lawal Musa Daura

EFCC be suspended until the determination of the cases against them. One Senior Advocate, who was caught up in the emotion of it all, went as far as asking President Buhari to suspend the Constitution until the fight against corruption is won. A Senior Advocate! The leadership of the Bar was probably blissfully unaware of the potential fall-out of its recommendation, including the threat to Independence of the Judiciary and indeed the Legal Profession. It is regrettable that this ‘sting operation’ is being packaged and sold to the average Nigerian, as the solution to all the problems with the judiciary and justice system. Crowds in the name of NGOs are being rented to occupy the Supreme Court. I have had first hand experience of rented crowds invading courts and assaulting judicial workers and Judges. This action diminishes us all. Our courts should be a no go area for acts of lawlessness. By all means we should take every lawful step to purge the judiciary of corruption, but it is important to put the challenge of corruption in the justice sector in its proper context. Expectedly, the NBA leadership was accused of coming under the influence of the Presidency particularly since the ‘ step down’ song was released after a visit to Aso Villa. To be sure, there is nothing wrong with the Presidency and the leadership of the NBA holding the same views on matters of judicial integrity, even if, in this case, it is shortsighted and

"ONE SENIOR ADVOCATE, WHO WAS CAUGHT UP IN THE EMOTION OF IT ALL, WENT AS FAR AS ASKING PRESIDENT BUHARI TO SUSPEND THE CONSTITUTION UNTIL THE FIGHT AGAINST CORRUPTION IS WON. A SENIOR ADVOCATE!!"

misplaced. However in my respectful view this was a missed opportunity for the NBA to ask the Buhari Administration what it has done for the administration of justice system since its inauguration. Many of us have shouted ourselves hoarse in an effort to get the administration to prioritise the justice sector. We have said that achieving the administrations three key result areas, anti- corruption, economic growth and security, require an efficient justice system. Of recent we have became more vocal, out of concern that almost two years into this ‘progressive administration’ we have little to show in the area of bringing justice to our people. We have asked President Buhari to publish his vision for the administration of justice in Nigeria. Justice sector reforms stand a better chance of success when the government has a clearly stated policy setting out the official vision of the reform objectives, and committing government to specific reforms necessary to realise that vision. This is an important reference point for any strategic approach to justice sector development. The publication will have provided a platform to openly debate and agree on practical solutions to the many challenges facing the sector including but not limited to corruption. We have also asked Mr. President, to call a meeting of the three arms of Government to agree on the future of the administration of justice, with a view to seeking consensus on who does what and within what time frame. In response to this suggestion, the administration hid behind the doctrine of separation of powers. All efforts to convince them that separation of powers does not mean living in separate worlds, have till date yielded no positive result. This meeting will have at the very least dealt with many of our concerns about the justice system including law reform, access to justice for the poor and vulnerable, judicial integrity and appropriate funding for the sector. We simply are unable to understand how the administration expects to win this anti-corruption fight without the support of the Judiciary and Legislature. We also suggested that Mr. President convenes a meeting with the governors of the 36 states of the Federation with a single item agenda- exploring federal and states government collaboration in administration of justice. We thought this meeting would deal with the politics of federal and state governments in supporting institutions like the police, prisons and possibly the EFCC and ICPC. We suggested that this meeting should also discuss the conditions of service of the lower courts and the state high courts and the responsibility of the state governments to these institutions. We said that it simply couldn’t be acceptable that Chief Judges of States are made to frequently go cap in hand to their State Governors for funding. That, in our view, is a recipe for corruption. Judicial corruption is not simply about judges taking bribes, it includes all forms of inappropriate influence that may damage the impartiality of justice. That meeting has not happened. We have suggested various legal, policy and administrative interventions for managing the transformation of the justice system and the institutions that deliver justice. We have mapped out the specific steps that should be taken and how the system might be made accountable. These proposals have largely been ignored. With less than one year of governance, before active politicking towards 2019 election begins, it will be truly tragic if the single legacy of the Buhari administration in the justice sector is this sting operation. Olawale Fapohunda, Managing Partner, Legal Resources Consortium, former Attorney- General of Ekiti State

4/LAW REPORT

01.11.2016

Ingredients for Proving Criminal Trespass

“T

hough a thin line exists as to whether bona fide claim of right avails or does not and so it behoves the prosecution to establish criminal trespass, that the real or dominant intent of the entry was to commit an offence or to insult, intimidate or annoy the occupant and that the claim of right was a mere cloak to cover the real intent or constituted no more than a subsiding intent.” (Per Peter-Odili, JSC) The appellant, a German national resident in Nigeria, was charged before a Chief Magistrates’ Court in Kaduna State on a two count charge of criminal trespass and theft contrary to sections 348 and 297 of the Penal Code Laws of Kaduna State. The respondent, who was the complainant, had alleged that the appellant entered his compound and dismantled a satellite dish which was in his possession. The appellant entered a plea of not guilty. In his defence, the appellant stated that he had gone to the compound of the respondent, a carpenter and a former employee of the appellant’s company, to discuss some issues with the respondent during which he discovered a satellite dish which he believed was the property of his company. The appellant stated that he went away and returned to the premises with some members of staff of his company to remove the satellite dish, which he genuinely believed belonged to his company, from the respondent’s compound. At the end of the trial, the appellant was discharged and acquitted on the second count of theft but was convicted on the 1st count of criminal trespass. Consequently, he was sentenced to three months imprisonment with an option of fine in the sum of N2,000.00 (Two Thousand Naira). Aggrieved, the appellant filed an appeal before the High Court of Kaduna State which affirmed the conviction and sentence of the trial court. Further dissatisfied, the appellant appealed to the Court of Appeal. The Court of Appeal dismissed the appeal. The appellant further appealed to the Supreme Court. The sole issue for determination before the Supreme Court was - Whether the Court of Appeal was in error in holding that no reason was shown by the appellant to warrant the interference of the Court of Appeal with the concurrent findings of fact by the trial Magistrate Court and High Court sitting on appeal. In his submission, counsel for the appellant contended that the trial court misapplied the provisions of section 342 of the Penal Code Laws of Kaduna State when it held that the appellant’s action amounted to criminal trespass, despite the undisputed fact that the appellant had entered the respondent’s compound to remove the satellite dish which he genuinely believed was the property of his company. He argued that the mental element of the offence of criminal trespass which is the intent to commit an offence or to intimidate, insult or annoy was not established, as required under the said provision. Counsel for the appellant stated that a person with a bona fide claim of right does not possess the mental element since the aim of the action of a person with a bona fide claim of right is not annoyance, intimidation or insult but the assertion of that right over the property, which in this case, was the retrieval of the satellite dish believed by the appellant to be the property of his company. Counsel for the appellant submitted further that the appellant’s defence of bona fide claim of ownership of the satellite dish, negates the mental element of criminal trespass. He concluded that the findings of the trial court, affirmed by the High Court of Kaduna and Court of Appeal, that the appellant was liable for criminal trespass was patently perverse in the absence of evidence to support same; hence, the Supreme Court is entitled to interfere with the concurrent findings of the Courts below. He buttressed his submission with foreign (Indian) authorities such as GAURI SHANKER v DELHI ADMINISTRATOR ILRI (1980) Delhi 1219; SMT. MATHRI AND ORS v THE STATE OF PUNJAB (1964) 5 SCR 916. Conversely, counsel for the respondent submitted that the true action of the appellant by resorting to self-help and trespass, were contrary to Section

I.T. Muhammad, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 3rd Day of June, 2016 Before Their Lordships Ibrahim Tanko Muhammad (Lead Judgement) Mary Ukaego Peter-Odili Kuma Bayang Aka'ahs (Dissented) John Inyang Okoro (Dissented) Amiru Sanusi Justices, Supreme Court SC.197/2013 Between Mr. Christian Spiess .................. Appellant And Mr. Job Oni ......Respondent Judgment Delivered By Ibrahim Tanko Muhammad, JSC

342 of the Penal Code under which the appellant was convicted. He argued that annoyance as referred to under the provision could be taken to mean annoyance which would reasonably affect an ordinary person. He stated further that the action of the appellant by going back to the respondent’s compound to remove the satellite dish was to annoy and/or intimidate the respondent, in a bid to exercise his bona fide claim of right in the premises of the respondent. In conclusion, counsel submitted that the findings of the trial Magistrates’ Court were based on credible evidence and were not perverse. He thus, urged the apex court to dismiss the appeal. Court's Judgement and Rationale Deciding the case, the Supreme Court, in its majority decision, restated the ingredients for proving criminal trespass as provided under section 342 of the Penal Code as: (a) unlawful entry into or upon a property in the possession of another, or unlawfully remaining there; (b) an intention to commit

an offence, or to intimidate, insult or annoy the person in possession of the property. The Supreme Court held that the word “annoy” as used in the section should be taken to mean annoyance which would reasonably affect an ordinary person and not what would specially and exclusively annoy a particular individual. The apex court held further that although the existence of a bona fide claim of right ordinarily excludes the presumption of criminal intention, a person may attempt to enforce his right in a wrong way capable of annoying the person in possession, e.g. by using unnecessary force or intending to wrongfully restrain the person in possession. Their Lordships also held that, although intention being a state of mind is not a mere matter of fact, it can be inferred from facts which have been proved. It was established before the trial court that, there was an unlawful or illegal entry by the appellant into the land which was in the possession of the respondent, with a view to committing an offence to wit: to remove the satellite dish without the respondent’s consent, who was then in possession. The entry into the land in possession of the respondent and the appellant’s resort to self help as well as the unlawful removal of the respondent’s satellite dish, were likely to annoy/insult an ordinary man and must, necessarily, attract the inference that the respondent was insulted and annoyed. The Supreme Court held further that it was the duty of the appellant to establish his claim of bona fide right. However, he failed to discharge the onus on him on his claim of right to the satellite dish and the respondent having rightly been found in possession of the disputed satellite dish by the trial Magistrates’ Court, he is presumed in law to hold better title against the appellant. The bona fide claim of right as proffered by the appellant cannot therefore succeed, to defeat or negate the appellant’s intention to annoy the respondent. The Supreme Court, by its majority decision, upheld the finding of the Court of Appeal, that the appellant had shown no reason for the court to interfere with the concurrent findings of the lower courts. Dissenting, Okoro JSC and Aka’ahs JSC referred to sections 59 and 60(b) of the Penal Code and opined that a claim of right made in good faith is an absolute defence to all offences relating to property and negates any element of mens rea. Relying on the decision of the SUPREME COURT IN NWAKIRE v. COP (1992) 5 NWLR (Pt. 241.) 289 at 309, the learned Justices further stated that the honest belief in the claim of right and not the reasonableness of it, is the bastion of the defence. The Learned Justices opined that once an accused person raises by his defence, a claim of right in an offence involving property with which he is charged, the burden is on the prosecution to prove the absence of a claim of right made in good faith. In the opinion of the learned Justices, the appellant not only gave evidence of a bona fide claim of right made in good faith, but also gave evidence to demonstrate that he actually and honestly believed the satellite dish belonged to his company. It was thus established that the appellant had no criminal intention. Disagreeing with the majority decision, the learned Justices stated that as the offence of criminal trespass is not a strict liability offence, the mens rea of the appellant could not be inferred either by the trial Magistrates’ Court or the High Court sitting on appeal but must be proved beyond any reasonable doubt. The learned Justices concluded that since the trial Magistrates’ Court acquitted the appellant of the offence of stealing on the ground that he had an honest belief that the satellite dish belonged to his company, the criminal intention was equally vitiated in respect of the offence of criminal trespass. Appeal dismissed by a majority decision of 3 to 2 per Muhammad, Peter-Odili and Sanusi, JJSC. Representation E.R. Emukpoeruo for the Appellant S.A. Akanni with O. E. Adejo for the Respondent Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

01.11.2016

NEWS/5

L-R: Head of Support Services, Lagos Court of Arbitration (LCA), Ms Nwanne Okafor, LCA President, Mr. Adeyemi Charles Candide-Johnson SAN and LCA Project Director, Investment Climate Facility for Africa, Mrs. Vivienne Edozie at the media parley held at the LCA International Centre for Arbitration and ADR Courthouse, Lekki, Lagos, last Wednesday

L-R: 1st Vice Chairman, Institute of Chartered Arbitrators (UK) Nigeria, Mr. Tunde Busari SAN, Chairperson of the Institute, Mrs. Doyin Rhodes-Vivour and Mrs. Folashade Alli at the Media Briefing, last Thursday

Litigants Urged to Embrace ADR for Quick Resolution of their Disputes Akinwale Akintunde

The Lagos Court of Arbitration (LCA), an Alternative Dispute Resolution (ADR) centre, has advised litigants in the country to embrace ADR in order to spend less time and resources in resolving their disputes. President of the LCA, Mr. Adeyemi Charles CandideJohnson SAN, gave this advice last Wednesday, at a media parley held at the LCA International Centre for Arbitration and ADR Courthouse, Lekki, Lagos. Candide-Johnson urged litigants in the country take full advantage of ADR as a better means of settling their disputes of whatever form, quickly and effectively. According to the LCA President, the delay being experienced on a daily basis in the courts, brings Nigeria's court system into disrepute, adding that only extreme cases should go to the court. He also decried the fact that no court in the world is more technical than Nigerian courts, and this he identified, as a major cause of delays in Nigeria's court system.

He said every system of government has to meet the situation on ground, adding that, for any country to succeed in attracting foreign investment, its system of dispute resolution must be trusted. The Senior Advocate said that, for this reason, the LCA was established as an independent, private-sector driven, international centre for the resolution of commercial disputes via arbitration and other forms of alternative dispute resolution. According to him, the organisation of the LCA was established under the Lagos Court of Arbitration Law, No. 17, 2009 to provide institutionalised arbitration and ADR services that can meet the needs of Africa’s growing businesses. “To achieve its mandate, the LCA was empowered to appoint an arbitral tribunal in respect of any disputes referred to it and maintain a panel of neutrals which consist of arbitrators, mediators and other experts with the requisite skills and experience to meet set functions. The expertise of the LCA spans

multiple industries, including Oil and Gas, Finance, Maritime, Construction, Engineering, Telecommunications, Hospitality, Tourism, Insurance and so on. “The LCA was officially launched on the 9th of November 2012, at the Kuramo Conference—a biennial International Summit which brings together multi- disciplinary experts from the public sector, academia and private enterprise. Since inception, the LCA has rapidly evolved into an ADR institution of status. Its ADR advocacy engagements and workshops have spread progressively across various economic segments namely, the Nigerian judiciary, the legal and business community. "These workshops include arbitration and ADR training for judges of Federal and State high courts, university law students, practitioners and businesses." He also described the ICAA as “home for arbitration” as other arbitral organisations including the Chartered Institute of Arbitrators (Nigerian Branch), Chartered Arbitrators Nigeria, Maritime Arbitrators Association of Nigeria and Lagos Chamber of Commerce

International Arbitration Centre (LACIAC) would be located within the building. "Some of the LCA’s most exciting current initiatives are: A 6-week arbitration course, taught by renowned top academics and practitioners from top law schools and international law firms; The LCA Small Claims Scheme and The LCA Mortgage Scheme." "In addition to outstanding professional achievements, the LCA benefits from ideal office space located within the International Centre for Arbitration and ADR (ICAA), Lagos, Nigeria", the LCA President added. Mrs. Nwanne Okafor, Head of Support Services took journalists on a tour of the LCA state of the art facilities and user-friendly technology for tribunals and conferences. According to Okafor, "the ICAA World class facilities married with highly professional management staff and internationally recognised panels of neutrals, are propelling the LCA towards recognition as Africa’s premier destination for arbitration and alternative dispute resolution."

Court Fixes Nov 23 to Hear Brain-Damaged Girl’s Case after Three Years of Failed ADR Akinwale Akintunde Honourable Justice Kazeem Alogba of the Ikeja High Court, has fixed November 23, 2016 to hear the suit of Nicole Adesanya, the child whose brain was allegedly damaged during birth at a public hospital in Lagos five years ago, owing to the negligence of the medical practitioners there. Nicole’s father, Mr. Adebiyi Adesanya, had sued the Lagos State Government, seeking N10 billion as damages for his daughter’s condition, which he alleged, was caused by the negligence of government medical officers. But the suit, which was filed by their counsel, Mr. Don Akaegbu, on March 4, 2013, was referred to the state judiciary’s Alternative Dispute Resolution (ADR) unit, for possible resolution by the trial judge, Honourable Justice

Josephine Oyefeso of the Lagos High Court. Before it was transferred to the ADR Track, the suit had Nicole and her father as the first and second claimants respectively, while the Health Service Commission, the Commissioner for Health, Dr. Jide Idris, and the then Attorney-General of the state, Mr. Ade Ipaye were the defendants. Three years later, since there has been no resolution between the claimants and the defendants, the matter has been reassigned to Honourable Justice Alogba for trial and November 23, 2016 has been fixed for hearing. Adesanya alleged in the suit that his wife, Funmilola, was kept in labour between June 22 and June 23, 2011, for Caesarean Section that ought to have been

carried out immediately. He claimed that his daughter, delivered through Caesarean Section, “does not sit, turn, talk, walk nor show signs of development inherent in normal children.” Nicole’s brain seizures, according to her father, started in the third month after her birth. The father said medical tests had indicated that his daughter’s condition was caused by birth asphyxia (lack of oxygen during birth). He narrated how his wife was kept in labour for more than 24 hours at Somolu General Hospital, and later at Island Maternity, waiting for the operation. The claimants are therefore seeking for the sum of N1.5 billion as compensatory damages for Nicole’s permanent injury, which includes “physical and psychological harm, pain,

suffering and disability”. They are also seeking for another order “awarding N8 billion as compensation for the father’s loss of his job in the course of attending to the young girl, medical expenses and life care expenses". But the state had in its statement of defence dated, May 24, 2013, denied the claimants’ allegations, insisting that it was not liable for damages for any injury. The defendants averred that "all the tests carried out so far on the first claimant (Nicole), could not conclusively establish a link between the alleged delay on the part of defendant’s medical team to perform the Caesarean Section and the medical condition the first claimant is exhibiting presently".

Nigerian Arbitrators Converge in Port Harcourt for Annual Conference and Gala Nite Jude Igbanoi The Chartered Institute of Arbitrators UK (Nigeria Branch) has concluded plans for what is to be a world-class arbitration conference in the oil city of Port Harcourt from November 10 – 11, 2016. As at the time of going to press, over 300 arbitrators are said to have registered for the conference, with many more expected to register at the Obi Wali International Conference Centre, the venue of the conference, on November 10. Addressing the media last Thursday at the Lagos Court of Arbitration in Lekki, Lagos, Chairperson of the Institute, Mrs. Doyin Rhodes-Vivour told newsmen that the conference in Port Harcourt would be a unique one in many ways. According to her, apart from being the annual conference of the Chartered Institute, it would also be a training programme and induction of new entrants into the profession. The conference with the theme ‘Exploring New Frontiers in Arbitration and ADR’ will also feature a Grand Finale Gala Nite. Mrs. Rhodes-Vivour said "The Annual Conference is in line with the Institute’s commitment to the delivery of quality education and training aimed at the development of a learned society in the field of dispute resolution and building capacity in the field within our shores". "In the past, the conferences of the Nigerian Branch were usually held in the city of Lagos, which as you know is the economic hub of Nigeria, but in a bid to bring arbitration closer to its members in other parts of Nigeria and to

the public in 2014, the Nigerian Branch held its annual conference in the nation’s capital, Abuja." "In the same spirit, we are pleased to announce that this year, we have taken the conference to the city of Port Harcourt, in Rivers State, which as you know, is Nigeria’s oil and gas hub." What sets this year’s conference apart is that members, conferees and their guests will have the opportunity to unwind and take a tour of the oil city, to get a taste of what it has to offer. Rivers State Governor, Mr. Nyesom Wike is billed to deliver the keynote address, while the array of confirmed speakers and seasoned chartered arbitrators include fellows of the Institute. •Mrs. Sola Adegbomire will speak on ‘Breaking New Grounds’ •Mr. Mena Ajakpovi and Richard Mofe-Damijo will speak on ‘Arbitrating Nollywood Disputes: A Fertile Ground.’ •Mr. Yemi Candide-Johnson SAN ‘New Concepts, New Ideas.’ •Prof Fidelis Oditah QC, SAN •Mrs. Folorunso Alakija •Mrs. Mia Essien SAN In attendance at the press briefing, were members of the Conference Planning Committee including Mr. Tunde Busari SAN and Mrs. Folashade Alli. To encourage young arbitrators to attend the conference, Mr. Busari SAN said that the Institute had gone to great lengths to highly subsidise conference fees for all young arbitrators who are below the age of 40 years. He further pointed out that, an arrangement has been worked out with a number of airlines and hotels for highly discounted rates to all conferees.

LEGAL UPDATES NCMG HOLDS 10TH AFRICAN ADR SUMMIT

The Negotiation and Conflict Management Group International (NCMG) will on Thursday, November 10, 2016 hold its 10th African Alternative Dispute Resolution (ADR) Summit at the Civic Centre,Victoria Island, Lagos. The theme for the Summit which is being organised by NCMG in collaboration with National Judicial Institute (NJI) is“Justice & Peace in Africa: An Economic Development Catalyst”. Former Chief Justice of Nigeria and Global Chairman, NCMG, Honourable Justice Muhammadu Lawal Uwais will be the Chief Host, while Justice Professor Joel Ngugi, former Director of the Judiciary Training Institute, Kenya will be the Guest Speaker at the summit. He will be speaking on the topic: 'Innovation: An Imperative for Development in the Judiciary and the Business Sector in Africa'. The summit, which will climax with a Cocktail Reception, will also have in attendance selected professionals and leaders in the financial sector, oil and gas and legal communities.

01.11.2016

‘Establishment of National Council under the Public Procurement Act Will Help Curb Corruption’ Akinwale Akintunde A Senior Advocate of Nigeria, Mr. Abiodun Owonikoko, has said that one major way to nip corruption in the bud, is the establishment of a national council under the Public Procurement Act to monitor and prevent corruption in the N1.8 trillion earmarked for capital expenditure in the 2016 budget. Owonikoko said the establishment of such council by the Federal Government, would also enable the anti graft agencies to provide surveillance and monitoring of public funds. The Lagos based lawyer spoke last Thursday at the 14th Crusade for Justice Annual Lecture themed: "Towards A Corruption Free and Egalitarian Society, the Change Starts With the Leadership" held at Sheraton hotel, Ikeja Lagos. Speaking on the topic: "The Role of the Economic and Financial Crimes Commission, The Independent Corrupt Practices and Other Related Offences Commission and Other Agencies in the Fight Against Corruption in Nigeria", Mr. Owonikoko said: "It appears that the fixation with arrests which allows EFCC operatives to flex muscle coupled with the few minutes of fame on prime time news by operatives of EFCC preparatory to arraignment, has become an obsession distracting the operatives and sister agencies from pursuing a more rewarding mandate of deterrence and prevention of corruption". "It is a matter of regret that in the 2016 budget, N1.8 trillion was appropriated for capital expenditure. We are now 2 months to the end of the year and still there is no national council for public procurement. That is the body charged with oversight functions on all public procurement f goods, works and services by

all federal agencies and parastatals with some exemptions, like arms procurement for military and police." "The provisions of that Act are such that if the EFCC and its sister agencies were to provide it with surveillance and monitoring support, a substantial source of leakage and corrupt practices at the level can be obviated. Most public corruption is conducted or facilitated through procurement. The states have their own equivalent of the Public Procurement Act, and EFCC has power to oversee state procument as well. It is under these laws that EFCC has severally charged state government officials and chief executives for corruption related offences." "In summary the bureau is conceived to achieve inter alia, economic efficiency, competition and level playing field of bidders, and value for money and transparency. A lot more measurable saving can be made for the public treasury by effective accommodation being accorded this Procurement Bureau by the EFCC, at the point of approving award of procurements funded with public revenue. It’s the public equivalent of corporate governance oversight in the private sector." "In the context of Nigeria, corruption in the public sphere manifests in the executive arm in the metaphoric sense, as the upstream point. It repeats itself seasonally in the legislative arm as the midstream point and lastly in the judiciary as the downstream-retail point. The bulk of procurement and opportunity for corruption is at the executive branch, which disburses nearly 90 percent of the annual national budget. Yet the machinery for fighting corruption is vested in agencies under direct control of the executive; and thus merits special attention by EFCC and its sister anti-corruption agencies, even for prevention

and deterrence." "It is perhaps useful to compare the operations of EFCC in Nigeria to what obtains in Hong Kong which is a successful model in strategic anti-corruption systems. I have made this attempt to demonstrate that EFCC is an asset that cannot be lightly discounted in underpinning the democratic process. Its success cannot however, be taken for granted; as more still needs to be done, in cooperation with other stakeholders." "The “us” versus “them” syndrome that presently characterises the operations of the EFCC and its sister agencies, in their beat of fighting corruption, is an aberration. If not speedily disavowed, the agency may become a liability. The fixated emphasis on prosecution (inefficient as it is, as already shown) as the preferred choice of fighting corruption, compels a more respectable mindset in interfacing with the role players in the prosecution endeavors, namely- the lawyers and Judges and public at large." "If anything, there is a lesson to be learnt from precedent; and from the mishap of recent operations that have now been consumed and discredited on the altar of agency rivalry between EFCC and DSS in exposing corruption in the judicial arm; and even from the dispassionate perspective of the law - it ought to be obvious to all, that professionalism, non-personalisation of public authority of investigation, respect for due process and fundamental rights of citizens are indispensable for the successful pursuit of the statutory mandate of the agency", Owonikoko said. In his paper entitled "Combating Environmental Degradation in the Niger Delta Region of Nigeria, Through Justice and Judicial Activism - Options Open to a Responsive Government", Dr. Theodore Okonkwo, discussed the nature of injustice to

the people and concluded that notwithstanding the advent of the Petroleum Industry Bill which had been hitherto described as a sucour to the suffering of those from that region, the non-passage of the Bill by the lawmakers has further dashed the hope of bringing justice to the people. Okonkwo, who is the Head of Department, Public Law, University of Port Harcourt said: "There are other vital matters like the Petroleum Industry Bill which, in its original form was widely considered as holding the potential to deliver, to a large extent, substantial justice to the Niger Delta people and wipe away their tears to a level. Yet for years now, the PIB is being unnecessarily tossed between the federal legialative houses and watered down". "We can only hope and continue to advocate that our legislators see the need to side with oil producing communities who have sacrificed so much for the benefit of the nation with little or nothing to show for it", he added. Earlier in his welcome address, President/ Founder of Crusade for Justice, Mr. Richard Nwankwo, noted that fighting corruption is not an economic policy. According to him, fighting corruption while at the same time desecrating loudly and with shocking impunity, the provisions of the Constitution of Nigeria 1999 as amended, and the ideals of constitutional democracy, is the highest form of corruption. "Allowing incompetent hands, to preside over government departments and agencies, in the name of exercise of discretion, is the zenith of nepotism, peak of cronyism and unpardonable breach of the social contract existing between a nation and its citizens. This is digital corruption", Nwankwo stated.

Legal Personality of the Week Olayinka Azoena Adedeji

‘Lawyers Should not be Seen as a Last Resort’ God has been most influential. My family and friends have contributed immensely to my character and development. God has used quite a number of people to influence my career choice and growth. I look up to Samuel O. Zibiri SAN for his excellence, determination and godliness in the practice of law and the hard work, dedication and conscientiousness of Hon. Justice 'Gbola Adeniyi.

I am Olayinka Azoena Adedeji . I studied Law at the University of Ilorin and was called to the Nigerian Bar as a Solicitor and Barrister of the Supreme Court of Nigeria. I have been in active practice and I am currently the Head of Litigation at Samuel Zibiri SAN & Co., Abuja. Have you had any challenges in your career as a lawyer and if so what were the main challenges? Each career comes with its attendant challenges, but one thing that helps is constant and consistent practice. So yes, I have had challenges. In my early years of practice I suffered from anxiety every time I had to appear in court. That's not the case anymore. Now I struggle with deadlines for meetings, filings and the like; lying awake at night developing case strategy and dealing with difficult clients. One constant challenge that every young lawyer would not hesitate to highlight, is that of remuneration. We were told in Law School that no lawyer can be adequately compensated for services rendered, perhaps only Senior Advocates. I would say emphatically, that consistency and contentment is the key. Be consistent and you will be the best at what you do. Be content and do not live above your means; in due time you would have carved a niche for yourself, and your clients and employer will pay, because they trust you to do the job. What was your worst day as a lawyer? I will never forget the day I appeared before a Judge and requested that my witness identifies the witness statement in the custody of the court. The Judge went off on me and asked the court clerk to give me the case file so that I can conduct my hearing with

Olayinka Azoena Adedeji

it. Now I had been in a matter where another Judge would only allow the witness identify the Court's copy. Since then I have come to appreciate the phrase "Know Your Judge". What was your most memorable experience? My most memorable experience would be my first judgement. It was my first case and having conducted the trial, it was exciting to get judgement in favour of my client. The case, if memory serves me well, lasted about three years. One thing was to get judgement and another, was that the judgement was favourable. I have over a dozen judgments now, but I remember that particular one like it occurred yesterday. Who has been most influential in your life?

Why did you become a lawyer? I did not know much about being a lawyer as a young girl. I guess a good number of my family thought I would study law. If you had asked anyone in my family how they knew, they would probably say to you " Yinka talks too much, so she should be a lawyer". My dad pretty much wanted me to read law too, I could tell his opinion was that, if you are in the Sciences be a Doctor, if you are in Social Sciences be an Economist and if you are in Arts be a Lawyer. Simply put; be the best at what you do. Now I can tell you that I am proud to be a member of this noble profession. I believe in the instrumentality of the law. The law may not change everything at once, but with one case at a time we will accomplish a lot. Everyone should have a lawyer from whom they seek professional advice well in advance, before matters go sour; lawyers should not be seen as last resort. It is better to pay the lawyer to prevent crisis, than to deal with crisis. What would your advice be to anyone wanting a career in law? My advice to anyone coming into the legal profession is, get ready to learn. I

would say we are called learned, not because we have learnt it all, but because we continue to learn. Be determined to learn, humble to unlearn and re-learn; relentless in learning. You will get cases relating to Banking, Medicine, International Transactions, Entertainment, Aviation, Maritime, Oil and Gas, etc and have to represent your client to the best of your ability; this can only be possible by expanding your capacity to learn. Once again, money should not motivate you to practice law, because money comes and goes, but passion will keep you in practice and fetch goodwill and money eventually. If you had not become a lawyer, what would you have chosen? That is a tricky one, if I was not a lawyer I would have been a lecturer or perhaps a Children's teacher moulding young minds. Anything that involves the acquisition and dissemination of formal and/or informal knowledge. I would definitely have found somewhere I can talk and create an impact with what I say. Where do you see yourself in ten years? Ten years from now I hope to be on the Bench, making decisions that would change the world, one case at a time. To have contributed and continue contributing to the development of the law and lawyers. To train young lawyers, just as I have been trained to pass on the values of hard work, dedication and integrity in this noble profession. For people to believe in the functionality of the law; that they are meant to make our society easier and accommodating for one another, irrespective of one's political, cultural, spiritual and economic affiliation.

01.11.2016

DSS Raids, After the Dust Settles, Let the Truth Walk Free Joseph Otteh

Introduction

eactions to the overnight raids of Judges/Justices residence have mostly been divided – maybe unnecessarily so – between two pole positions: one camp forcefully asserting that the actions were outrageous and disrespectful, and the other saying the State Security Department (SSS, aka DSS) has done no wrong. The latter says the Judiciary has been in need of a cathartic turn-around for a very long time, and this could very well be what it needs to kick-start the process. President Buhari himself, says that the fight is not against the Judiciary, but against corruption. Both positions co-exist peaceably, if we dispense with the fringe parts, which are unnecessary to maintain their central themes. Take, for example, the question of the legality of the raids. Arguments around the legality of the raids (or the legality of the DSS to undertake them) seem to beg the question because the objection to the raid is, at the core, the question of its appropriateness. Were the midnight/overnight invasions appropriate and necessary for persons who pose no significant flight or harm risks? There are subtle common grounds that unite the positions of the respective camps. Those who oppose the rough tactics used, do not oppose the war against corruption in the judiciary; they only maintain that no one - whether judge or not - who does not pose a flight or harm risk, be subjected to raids as harsh as that, without a clear, inexorable necessity. Many of those whom the anti-corruption agencies are today prosecuting, willingly walked into the offices of those agencies on invitations. Very little drama was needed! Why were Judges not offered this basic courtesy? It’s not about the legality of the raids and we think the analysis can be better nuanced here. Legalisms can be used for both legitimate and illegitimate ends; it can hide vicious truths, and conceal unspoken messages in plain sight. Dictators use law, as well as the pursuit of supposedly legitimate state or political objectives, as a proxy to carry out dubious intentions, whether they be political repression, economic suppression or social exclusion. We should recall that one of the judges targeted in that raid (but not arrested), has been causing some embarrassment to an anti-corruption agency that was persisting in disobeying court orders. How do we begin to analyse the raid on this house based on its legality? Maybe the thinking was that, no one could stick out his/her neck and take a principled stand against disrespect for the authority of the courts, without a catch. Those who argue that the raids were legal, would probably agree that it was unjustified in this case. We must remember that when former Pakistani President Pervez Musharraf wanted to contest elections that would extend his stay in office as both President and Chief of Army Staff in 2008, he, fearing a major obstacle to his ambition – the formidable Chief Justice

of Pakistan, Iftikhar Muhammad Chaudhry, Musharraf asked Chaudhry to retire, saying there were complaints made against him, and that he would be “accommodated” should he heed the advice. When Chief Justice Chaudhry refused, President Musharraf filed petitions to the Supreme Judicial Council, alleging several acts of misconduct against the Chief Justice, and practically made the Chief Justice redundant thereafter. The Pakistani judiciary deflected the President’s crusade and reinstated the popular Chief Justice back to office. There are others who say Judges must be treated as everyone else, and that no one is above the law. Also, there is likely no real dispute here as well. Those who have risen in defence of our Judges, by and large, have not asserted that judges are sacred cows, or stand above the law, nor that they should be exempted from the fight against corruption. In fact, they support the war against corruption, even when it is directed at the Judiciary. What is of concern is the tactics that is being used. The judiciary wields the least coercive power of the State, and is itself quite vulnerable to attacks by other branches of government. The authority of the judicial branch is largely derived not from the physical accoutrements of power and force, but from the sense of social, civic obligation, and a recognition that the judiciary plays a role that requires society to respect the institution. This deference is socially mediated and accepted. But its foundations are brittle and can be easily unstuck, so that persistent acts of disrespect can diminish the Judiciary’s social base, standing and authority: where that happens, the rule of law is really endangered. We fear, that the example set by the DSS would inspire wider confrontations with the Judiciary – and even States can do likewise to judges whose decisions irritate them. Judiciary Had it Coming: Failure to do Enough Can Be Costly When the dust of these controversies settles, the judiciary will need to ask itself some hard questions. It is not likely that any of those who have stood up to defend the honour of the judicial branch, will by any stretch deny that the judiciary has let Nigerians down and has largely squandered the hopes many had

of Nigeria as a democracy. Among the fiercest critics of the Judiciary are many who belong to the legal profession and have, at some point, taken great pride in the Nigerian judiciary. From the time of our transition to constitutional democracy in 1999, Nigeria’s judiciary was in an undeclared state of emergency, just as the Justice Eso panel said. And the pointers were all over the place. After taking office as President in 1999, former President, Chief Olusegun Obasanjo brutally conveyed the prevailing sense of public discontent with the judiciary to Judges in conference, saying: “[t]here is prevailing disenchantment of the populace with the Judiciary – an attitude which has arisen out of the lapses or failings of the Judiciary”. In an address at the First Federal Integrity Meeting for Chief Judges in Abuja, late Bola Ige, then Minister of Justice told Judges “[t]here is evidence of growing public disenchantment with the entire court system...” Fifteen years later (May 2012), Obasanjo again lamented that “the judiciary has been riddled by corruption, which has affected other sectors of the country. Justice has become the highest bidder takes all. That is what we have now”. In spite of these warnings, the Judiciary continued to rely on weak, oversight/complaint procedures to tackle corruption. It failed to adapt its approach to fighting corruption, even when it was clear that traditional methods were failing to contain the epidemic. The approach of: “he who asserts must prove”, an axiom of the law of evidence, has only limited value in a field like this. It is apparent that victims of corruption have very little access to the evidence, and are often not in a position to gather the relevant facts - telephone records, bank accounts, etc, without assistance from criminal justice agencies. This means that only few can substantiate their allegations or suspicions that justice had been miscarried, or was about to be. This attitude discouraged many with genuine complaints from coming forward. Even then, there were many a slip between the cup and the lip, and many complaints were not investigated. Although better complaint intake and investigation procedures were introduced by the NJC in 2014, it was still based on

“you allege, you prove”! Therefore, while the NJC thought it was probably doing its job as well as it should, outside its chambers, the atmosphere was getting thicker with talk about how big lucre was becoming the new currency for judicial justice. Many Statesmen had waded in to warn of how judicial corruption was “trending” in the ears of the public and damaging the judiciary - Justice Kayode Eso, Wole Soyinka and Afe Babalola SAN as well as others, all waded in. Joseph Daudu SAN, as President of the Nigerian Bar Association, also remarked in 2011 that there was “a growing perception, backed by empirical evidence, that Justice is purchasable in and it has been purchased on several occasions in Nigeria. We are reaching the point in time where accusations of corruption in the system will be at its loudest.” On few occasions, the judiciary would permit itself the liberty of looking in the mirror. Like in 2011, when (acting) Chief Justice of Nigeria Hon. Justice Dahiru Musdapher soberly admitted that “things are not as they ought to be”, saying further that: “it appears that the society we serve is not entirely satisfied with our performance”. Henceforth he said, “there shall be zero tolerance to judicial corruption or misconduct." The judiciary never did find a way to reinvent itself in spite of this. Had the Judiciary wanted, it certainly could have done more. In instances when the NJC has recommended the retirement of judges for misconduct, a more proactive anti-corruption strategy could have been explored, whether there were particular motivations for the Judges’ conduct in those cases, and, to do this, the NJC could have reached out to competent agencies to make that determination. The NJC’s approach did not clearly create sufficient incentives or deterrents against corruption. A Wake-up Call This is a watershed moment for our Judiciary, and ought also to be a time for deep institutional introspection. Yet, something redeeming can come from the turbulence of a crisis, as it did in Kenya not long ago. At the time of negotiating Kenya’s 2010 constitution, the judiciary’s reputation was so bad and public discontent with it so high, that the drafters of the 2010 constitution actually considered removing all serving judicial officers and require them to re- apply, without offering any guarantees they would return to the bench. In the end, a new Chief Justice was recruited from civil society, and a new Judges and Magistrates Vetting Board was created, to vet the suitability of all judges and magistrates in office prior to the inauguration of Kenya’s 2010 Constitution. Many Judges and Magistrates have been removed from office by this Board. The new Chief Justice of Kenya has undertaken major reforms to make the judiciary operate in a more transparent and accountable manner. The Nigerian judiciary can draw some valuable lessons from these unfortunate incidents, the first of which would be to put its house in order. It must now draw a line in the sand and say: never again will we flounder and falter in our commitment to delivering true justice in Nigeria. Joseph Otteh, Executive Director, Access to Justice

Be Fair to All, Lagos CJ Charges Customary Court Judges Akinwale Akintunde Lagos State Chief Judge, Honourable Justice Olufunmilayo Atilade has charged customary court judges to be fair to parties before them, in the dispensation of justice. Honourable Justice Atilade gave this charge last Wednesday, while declaring open a two-day workshop/retreat for Customary Court Judges in Lagos State held at the Public Service Staff Development Centre (PSSDC), Magodo, with the theme 'Attaining

Excellence in the Dispensation of Justice'. The Chief Judge said the judges must "display utmost fairness and candor in the discharge of your duties". "Part of the purpose for setting up the customary courts is to do substantial justice to contending parties without recourse to the rigours, harshness and technicalities of the common law", she said. As judicial officers, Atilade added that, the judges must be mindful of the fact that "your role is to ensure justice within

the sphere of your jurisdiction". "You need to conduct yourself always in a manner befitting of your status and in accordance with the ethics and standard required of you. I urge you to dispense justice with utmost sincerity and equity and not to assume jurisdiction over a matter which you are precluded from by law, powers and functions of your courts", she said. The Chief Judge further said that the two-day retreat was to enhance the human

capacity and equip the requisite skills of the judges, and make customary courts vibrant and more responsive at the grassroots. She reminded the judges that the "people are watching and will not fail to keep watch over every step you take, your actions and inactions". The Executive Secretary of Judicial Service Commission (JSC), Mrs. Ayodele Odugbesan, said that after the retreat, the judges would be well trained and equipped to carry out their duties.

8/COVER

01.11.2016

COVER/9 "NIGERIA HAS ONLY 40 YEARS OR SO OF OIL PRODUCTION BASED ON ITS KNOWN RESERVES. EVEN IF WE SHARED THE CRUDE OIL NIGERIA HAS TO ITS 170 MILLION CITIZENS, WE GET ONLY ABOUT N5 MILLION EACH, AND NOTHING AGAIN FOREVER"

‘Zero-Oil Plan Nigeria’s Comparative Advantage Lies Outside of Oil’ That Nigeria is officially in a recession is no longer news. Some have argued that the major reason that the nation has got itself into this predicament, is because of its over-dependence on a single export product, crude oil. The huge potential in non-oil exports that abound in Nigeria, are grossly under-explored and under-utilised. The Nigerian Export Promotion Council (NEPC) has scaled up its efforts to make the world a market place for Nigeria’s non-oil products. The Chief Executive Officer of the Council, Mr. Olusegun Awolowo explained in a chat with Onikepo Braithwaite, Jude Igbanoi and Tobi Soniyi his strategy to ensure that NEPC's Zero-Oil Plan Strategy is pursued to its logical conclusion

ou are a lawyer by profession. Have you ever engaged in the practice of law? Has your being a lawyer been of any advantage to you in your role as CEO of NEPC? Yes, I began my professional career in law. Prior to joining the Council in 2013 I held various positions both in and out of the Nigerian Public Sector. I was called to the Nigerian Bar in December of 1989 and began my legal career by working with Abayomi Sogbesan & Co. SAN and GOK Ajayi & Co. SAN. I then had the opportunity to serve in various positions in President Olusegun Obasanjo’s Administration, first as Special Assistant on Traditional Institutions then Legal Due Diligence and Legal Matters, during which I covered a wide range of legal issues for Mr. President. I also served as Secretary for Social Development and later Transport and Area Councils in the FCT. I knew from the start that the foundation of the Council was important. I abide from this quote from Robert Hienlein, “In the absence of clearly defined goals we become strangely loyal to performing daily trivia until ultimately we become enslaved by it”. I embarked on getting a strategic vision for the Council that was clearly articulated and understood by all relevant stakeholders. My goal is to transform the NEPC into a fully functioning export promotion agency in tune with best practices obtained all over the world. NEPC must be highly client-centric. Do you believe that the sale of Nigeria’s national assets is the only way that the country can raise funds and increase its foreign reserves? I think this question should be approached from a broader perspective. Nigeria today has over a US$35 billion annual shortfall in the supply of foreign exchange to its economy- this has been caused mainly by low oil prices, and also an absence of savings over the years. The real question therefore is not whether Nigeria should sell assets or not; but rather what are the tools available for

Olusegun Awolowo Nigeria to increase foreign exchange supply to its people. We have six primary ways of increasing foreign exchange supply, these are – to increase foreign currency borrowing, to attract foreign direct investments, to attract foreign portfolio investments, to boost remittances by the diaspora, to sell assets where it makes sense, and to radically increase exports. Countries all over the world have done a combination of these things to get their economies well-funded with foreign currency, and in reality, Nigeria too, may need to look at a combination of all of these options as well. What we have seen though, through numerous studies, is that out of these six thrusts I mentioned, only a radical increase of exports has been proven to be the most sustainable supply of foreign exchange over the long term, and can best catalyse economic growth and job creation. In 1980, Nigeria and China accounted for about 1% each of global exports. In 2011, while China accounted for about 11% of global exports, Nigeria’s share had dwindled to about 0.4%? Why? The answer is simple: Over the past 36 years, the Chinese have increased the volumes and types of products they produce and export; while Nigeria has focused mainly on selling crude oil. For decades we did not prioritise non-oil exports as an economic philosophy, while the Chinese moved into new products and diversified their export basket. But we actually can also replicate a similar economic miracle here in Nigeria. The Chinese in the 1980’s were largely agrarian, with low skills and technology, and not producing much to sell to the world. But they realised quickly that they needed a sustainable economic model to become rich. It is interesting to note, that the entire Chinese economy is built on two key principles – Investments and Exports. Everything else is done to complement these economic principles. The Chinese raise income from exports, they use this income by investing heavily in hard infrastructure, and the infrastructure also makes them even more competitive to export some

more - such is the cycle of the Chinese economy. It is only recently, that they are now shifting to the next phase of their economic journey, by boosting local consumption. But the export focused engine has brought China very far, and was consistently pursued across all facets of state policy – foreign investors were encouraged to invest more in export oriented sectors; strategic financing made available to export companies; the rails and the roads were built to bring cargo from the hinterlands to ports primarily for exports; and so on. They also carefully selected the export areas to penetrate, gradually dominate, and from there further expand into new areas. For instance, the Chinese first built strong competencies in production that needed a lot of labor, or a lot of energy supply. There is no reason why Nigeria cannot follow a similar trajectory, as we also have a lot of affordable manpower and even potentially more energy than China. As we look ahead to coming decades, Nigeria will need an economic model that also sees non-oil exports (now looking beyond crude oil) as the means of raising the capital to also its socio-economic and infrastructural needs. NEPC has a Zero-Oil Plan for Nigeria. We understand that the program is fashioned to boost Nigeria’s foreign exchange supply, grow the economy, reduce unemployment and consequently, reduce poverty. This is extremely timely, especially as Nigeria is presently facing a huge economic crisis. Could you explain the plan to us. Where do you see Nigeria in the next three years if the Zero-Oil Plan is implemented? Have any other countries adopted this type of plan? What kind of success was recorded, if any? The Zero Oil Plan was actually inspired by President Muhammadu Buhari, when in 2015, with crude oil prices below US$30 a barrel, he met with leading manufacturers in Abuja and said Nigeria must now begin to behave and plan as if it has no more oil. This was clearly a challenge laid out by President Buhari, as a flagship economic intent of the government. At the NEPC we took on the charge put forward by

the President, and defined what the Nigerian economy would look like, if we did not export a drop of oil. What else could we be selling to the world? Who would buy it? How much could we make annually? Many Nigerians at first think this is impossible (a Nigeria without oil), but from the review process we have gone through we know it is not only possible, but actually essential for Nigeria’s future survival. Nigeria has only 40 years or so of oil production based on it’s known reserves. Even if we shared all the crude oil Nigeria has to its 170 million citizens, we get only about NGN5 million each, and nothing again forever. This is one of the lowest oil per capita levels in the world. With the Zero Oil plan we have designed a Nigerian economy, without crude oil exports. The plan lays out the journey for us to make US$100 billion annually from non-oil exports, with a first milestone of reaching US$30 billion a year in non-oil exports. Today, Nigeria does less than US$5 billion of non-oil exports a year. This will inject foreign exchange supply into the economy, which is the primary economic problem we face in the country today. The plan identifies 11 key products where Nigeria will make the most money through exports, as well as other export sectors that have less financial impact, but are essential

"AT NEPC, WE TOOK ON THE CHARGE PUT FORWARD BY THE PRESIDENT, AND DEFINED WHAT THE NIGERIAN ECONOMY WOULD LOOK LIKE, IF WE DID NOT EXPORT A DROP OF OIL. WHAT ELSE COULD WE BE SELLING TO THE WORLD? WHO WOULD BUY IT? HOW MUCH COULD WE MAKE ANNUALLY?"

Over the next 3 years, we should see results in product groups with short gestation periods. For instance, radically scaling up exports of Soya products are possible in 24 months cycle, while Palm or Cocoa are likely to take longer, due to harvest cycles. Most oil producing countries are already adopting ‘post-oil economic policies, like Saudi Arabia’s plan just announced in April this year which, focuses on turning them into a portfolio investment country and not an export oriented country like we have set out. Regarding achievements, at least 10 States in Nigeria have commenced implementation of Zero Oil initiatives to develop new ways to develop their States without Federal allocations. Is the Zero-Oil Plan connected to the one state one export program that you spoke about at the 2015 Nigeria Economic Summit Group Seminar? Has any of the States started to export any products? The One State One Product (OSOP) initiative is an essential part of the “Zero Oil” plan. The idea is to have all states of the Federation identify at least one strategic export product based on their comparative advantage, from which Nigeria can earn foreign exchange. It’s important to note though, that states are not limited to choosing only one item. For example, Enugu continues to successfully export pineapples into the European market, despite choosing other products for OSOP. Nigeria is a very blessed country and we want to encourage state governments to ramp up production, so we can meet export targets in areas where the states are naturally endowed. Sometimes this means states working together, which is something we highlight during advocacy visits. For example in the Northwest, Jigawa, Kaduna, Kano, and Katsina have realised the potential of revamping their cotton industries. By working together these states have the potential to earn US$ 2 – 2.5 billion annually from cotton and yarn exports by cultivating 2-3million hectares of land and bettering their yields. We would like to see this type of synergy and collaboration replicated throughout the country. In the Northeast leather can be a major

to employment. Under our One-State One Export product program, we tie Zero Oil into the existing assets and resources which can be mobilised within each of the 36 States of Nigeria. This links Federal Policy to State economic policy, and turns every State into a major export hub, based on their specific areas of export advantage.

export driver. Leather has the potential to earn US$500-US$750 million annually, from cow, sheep and goat hide, all of which Nigeria already has in abundance. In the North Central zone, Nigeria has the potential to earn US$4-5 billion annually by increasing our production of soya beans, meal and oil. We need approximately 5 to 6 million hectares of land cultivated for soya with necessary investments in milling and oil production as well. In the Southwest, cocoa remains incredibly valuable, as it has been historically. With the right associated investment, Nigeria can move away from exporting the raw product and begin producing cocoa powder, butter and liquor. We have the ability to earn US$2-2.5 billion annually from cocoa and its derivatives. In the Southeast, there is potential in gold. With one world-class gold mine, Nigeria can produce 1 million ounces of gold each year, earning US$1 billion annually. Finally, in the South South there is abundant potential in petrochemicals. Annually, the petrochemical industry is worth over US$150 billion internationally and Nigeria, an oil producing nation, is missing from this. With at least 5 world-class petrochemical complexes in the South South region, Nigeria has the potential to earn US$4-5 billion annually. Of recent so much attention is now being focused on Made in Nigeria goods. Indeed, the ‘Buy Nigerian’

campaign has already started yielding some positive results. What is the road map for the NEPC to take this initiative beyond the shores of Nigeria? Our vision at NEPC is to make the world a marketplace for Nigerian non-oil goods. We want to show the world the best of what Nigeria has to offer and this starts with getting all Nigerians involved, no matter where in the world they are. The World Bank estimates there are over 15 million Nigerians resident outside the country. The diaspora is our first contact in most international markets as they’re often the ones who buy Nigerian products. The Nigeria Diaspora Export Programme (NDEX) is the Council’s key initiative meant to leverage on this opportunity through commercial and cultural promotion, as well as social development of all things Nigeria. A key component of NDEX is the Nigerian Heritage City (NHC), a business and cultural enclave akin to Chinatown. We want to establish a carefully crafted setting abroad where we can project national cultural values in a positive light and providing an avenue where people can experience Nigerian goods and services. Another component of NDEX is the Nigerian Cuisine Beyond Borders (NCBB), which is the promotion of World class and internationally recognised and unified Nigerian Cuisine at restaurants located in key commercial centres around the world. With the value of the Naira at such an all-time low, many have argued that this is actually a great opportunity for Nigerian exports. Do you share this view? If so how do you intend to cash-in on this opportunity? What opportunities do you see at this auspicious time? Typical economic theory states that nations with lower value currencies, reap huge benefits, since they can export cheaper products and sell more goods overseas. But remember I started with the word ‘typical’, because in practice it's not always that straight forward. A weak currency makes sense for exports, only if the exports you anticipated then truly happen. Otherwise, with a weak currency you then only import inflation, without boosting foreign exchange supply. Another way to view this concept - a weak currency is two sides of the same coin. On the first side, a weak currency makes imports expensive, which limits the demand of foreign exchange; however on the other side a weak currency, makes exports cheap which boosts supply of foreign exchange. Only when both of these faces are satisfied, do you get the true benefits of any currency adjustment. This is the careful balancing act that the government is trying to achieve. The currency regime in Nigeria has unlocked significant opportunities for investors. I have been in touch with a number of international companies, who were evaluating specific export opportunities in Nigeria for a while, but could not enter the market because they said the assets were ‘too pricy’. However, with the recent currency corrections done by the Central Bank in June this year, the upfront costs in Naira for these investors have dropped significantly, and some of these export projects are now likely to kick off. A weak currency regime however, does hurt many local investors. For instance it makes expansions difficult for local investors who have the bulk of their net worth in Naira, and need to procure equipment offshore in dollars which is then too expensive. As you can see there is no easy answer here, and the government has to carefully straddle between the needs of the various groups and stakeholders in this regard. Now that oil prices are down globally and there is a crisis in the Niger- Delta Region, there definitely must be some pressure on the NEPC to perform at optimum level. What are your strategies for promoting non-oil exports? While the “Zero Oil” plan is the CONTINUED ON PAGE 10

10/COVER

01.11.2016

‘ZERO-OIL PLAN NIGERIA’S COMPARATIVE ADVANTAGE LIES OUTSIDE OF OIL’ Council’s main strategy for improving Nigeria’s non-oil exports, the promotion and development of Nigeria’s export trade is central to the work NEPC does everyday. We are an incentive organisation so it’s important that we constantly build consensus, advocate and regularly engage with potential exporters in the private sector. To do this, NEPC organises specific trainings for infant exporters through programmes such as our Export Clinic Initiative, which is targeted towards beginners, our Zero to Export programme, and the establishment of our AGOA Human Capital Development Centre in Apapa, Lagos. We also host training workshops on capacity building throughout the year and run a Youth Empowerment Export Skills Program (YEESAP) which is targeted at encouraging young people to enter non-oil exports. Internally, the Council has a Strategic Plan that has revamped our decisionmaking processes and brought them up to date. We recently concluded an Institutional and Functional Review by KPMG that restructured the Council by making it more in line with other successful export promoting agencies internationally. For example, our Export Development and Incentives Department houses a division dedicated to SME financing. We’ve also increased collaboration with sister agencies and stakeholders needed for success in the export space. We strive to have a synergy of goals and mutual collaboration with organisations such as NEXIM, NIPC, CBN, BOI, NIMASA, NCS, NBS, and others. With the on-going efforts in the agro-allied sector, how soon do you see Nigeria exporting products like rice, smoked fish, shea butter, palm oil, cashew, cocoa, etc? We were shocked to discover that cocoa which used to be one of our major exports is now so low on the list, and Nigeria is still importing products like palm oil. If we can ramp up the pace of our implementation of the Zero Oil plan, within 3 to 4 years Nigeria can be a top 10 global exporter in a number of critical high value products. In the case of rice, we are the 2nd largest importer of rice in the world, spending almost US$2 billion a year on it. Any increase in rice production will therefore, first be used to displace imports for a number of years, before the surplus production then starts going out of the country for exports. But this is still good, because if Nigeria becomes self-sufficient in rice, we save US$2 billion a year in foreign exchange – which is almost the same effect as exporting the same quantity. There is a nuance to this topic though. It is not just about Nigeria’s imports; but WHAT Nigeria exports. In the good years, Nigeria made over US$70 billion every year, from crude oil exports. So as we look ahead, we should practically seek a basket of items that we can export to give us as much as, or more than, what we were making from crude oil. This takes careful design as we have laid out in our plan. Malaysia and Indonesia each make over US$16 billion a year from Palm Oil exports, while Nigeria is a net importer. This must change. But behind these numbers, did you know Indonesia cultivates 10.8 million hectares of land for Palm Oil? This is 5 times the size of Edo State. The point here is that, meeting certain non-oil export targets has implications on the resources that need to be mobilised in the country - how much land, assumed yields on farms, how many processing plants, the length of pipelines, total capital investments, bulk cargo capacity for exports, amongst others. These resources need to be mobilised to meet export targets, and they form the bedrock of the export policy and are essential for economic growth. This is the type of thinking that has gone into the Zero Oil plan for key products – Cocoa, Palm Oil, Leather, Petrochemicals, Soya, and so on. Beyond the desire to promote Nigerian exports, how does NEPC deal with the issue of the quality

of the products that are exported? Rigorous quality control standards are imperative to being able to export goods abroad. Unfortunately, this is an area Nigeria struggles with and the country still lacks an internationally recognised quality infrastructure framework that ensures the safety of our products. There are 3 parts to the issue of quality and standards. The first part relates to knowledge and awareness. Understanding the standards requirements for specific products is a significant barrier for Nigerian exporters. Many of these requirements, especially for developed markets, are provided in lengthy volumes that cannot be easily parsed through by companies in less sophisticated markets. As part of the Zero Oil plan, the NEPC will be intensifying efforts to support Nigerian companies’ in navigating through the numerous levels of definitions and product specifications for key items going into priority markets. The second part of product standards, relates to meeting the specifications. Under this area, the NEPC is adopting a system of collaboration networks of best practice testing labs and packaging centres to support Nigerian companies. This will provide Nigerian companies with specific assets and service providers that they can call on to support them in meeting standards requirements for getting their products into target markets. Also on this point, for exports, quality sometimes starts from initial investment or even planting (for agriculture), and not too late in the process. If a company plans to export agro products for instance, even the types of fertiliser or insecticides used during the growing phase needs to be carefully selected with exports in mind. The third part relates to traceability, as a strong export country needs the capacity to trace all goods back to the very point of initial origination. This is essential to identify the poor quality products and quickly identify and isolate such producers from causing more harm to other companies that are meeting quality standards. In addition to the Zero Oil plan, NEPC is also one of the government agencies actively participating with the EU and UNIDO on the National Quality Infrastructure Project (NQIP). NQIP aims to improve the quality, safety, integrity and marketability of Nigerian goods and services, especially those produced by small and medium enterprises. Quality control capacity building programs are held throughout Nigeria and exporters are actively encouraged to participate. NQIP has hosted Food Assessment Risk Trainings, Monitoring and Evaluation

CONTINUED FROM PAGE 9

"OUR VISION AT NEPC IS TO MAKE THE WORLD A MARKET PLACE FOR NIGERIAN NON-OIL GOODS. WE WANT TO SHOW THE WORLD THE BEST OF WHAT NIGERIA HAS TO OFFER AND THIS STARTS WITH GETTING ALL NIGERIANS INVOLVED, NO MATTER WHERE IN THE WORLD THEY ARE"

Workshops, Laboratory Trainings, Quality in industry and Trade workshops and Quality and Standards system improvement trainings specifically for exporters of beans and melon seed. NEPC also spearheaded the formation of a technical committee to address the recurring issue of rejection of Nigerian food items and agricultural commodities at the international market, particularly the rejection of Nigerian beans into the European Union earlier this year. The committee was comprised of 20 private and public sector organisation representatives such as, Customs, SON, NAFDAC, NAQS, NACCIMA and FACAN, who discovered the ban was a result of the high usage of chemicals in the preservation of dried beans products by farmers and traders in storage. The strategies and recommendations put forth by the committee at the completion of their assessment were later adopted at the Federal level as a national strategy. What are the greatest challenges of being the CEO of NEPC? Are you able to overcome them? What methods do you adopt to carry out the mandate of the council? How effective are they? The greatest challenges I face being CEO of NEPC is of course the opposition to structural transformation in the reform process. But with focus and clarity of goals, one continues to drive on. “You will never reach your destination if you stop and throw stones at every dog that barks”. Winston Churchill said this and I believe it to be true. While at NEPC,

I have embarked on a holistic transformation reform process which includes implementation of 1) A strategic plan, 2) An institutional and functional review, 3) A training needs assessment followed by capacity training across all staff levels, I have also developed a robust monitoring and evaluation system. I am pragmatic about what is needed to succeed. Attracting investors to an economy in recession must really be a daunting task, how is the NEPC weathering the storm? In the course of your work, you interact with prospective investors. What are their major concerns and considerations about the Nigerian investment climate? Interestingly the inquiries I get from investors are not really about the current downturn, as most investors do take a long term view on the country. The key concern from Investors is whether the Nigerian growth story which has been sold globally since 1999 is over. My response to them is that the fundamentals which will make Nigeria one of the largest economies in the world are still there. We are still the 7th most populous country in the world; We are still one of the youngest countries in the world, with our median age of 18 years; We are still one of the most energy endowed countries in the world with such large hydrocarbon resources; and we are almost perfectly located with commercial proximity to the Americas, Europe, and Africa. So the cycles of currencies or inflation may change, but the fundamentals that will make Nigeria one of the best economies to reckon with, has not changed. When looking at exports though, companies need to be even more competitive than they would need to be, if they were only thinking domestic markets. The NEPC’s view is that Nigeria will succeed primarily in areas where it can produce and export in the bottom 30th Percentile of the respective global cost curve. The steps being taken by government to address concerns of energy supply, freight costs, costs of financing, overlapping regulations, are therefore well received by investors focused on exports. Within this context, the NEPC’s role is to continuously situate exports within the national economic discourse, because it is a key means of raising sustainable funding to invest in public goods which improve the investment climate. Nigeria is in competition with other countries for investments. What unique advantages does Nigeria have as a country that can give it an edge? Nigeria is a country teeming with unique advantages that give us an edge over many other nations. To begin we have a large domestic market of over 170 million educated English speakers. More importantly we are strategically positioned within the ECOWAS region to grant access to an even larger market of 300 million people. Our population is young which means we have a powerful workforce with over 70% of Nigerians under the age of 30 this also provides us with cheap and effective labour. Nigeria has the 7th largest gas reserves in the world and over 90% of our large land size is arable. The country already leads the world in the production of 7 agricultural products. We also have an abundance of raw materials, 44 Solid minerals available in commercial quantities e.g. our iron ore reserves are the 12th largest in the world. This all means Nigeria’s comparative advantage lies outside of oil. Most importantly, investors want to see continuation of government policy and this government, by the adoption of the Nigerian Industrial Revolution Plan (NIRP) is demonstrating this. Can you tell us some major achievements of the NEPC during your watch? My goal is to develop NEPC into a fully functioning export promotion agency that is grounded on great clarity about exporters needs, with a clear appreciation and understanding of the expectations of our target markets. To build a performance, learning and dynamic organisation that is highly client-centric. The report card cannot be written by myself.

01.11.2016

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Eyitayo or Jimoh?

Jimoh Ibrahim

INEC Chairman, Professor Mahmood Yakubu

Eyitayo Jegede SAN

Chinedu Ozobu

Not in the least. It seems irrelevant. Some of the issues that have been raised are that, in the case of Edo State, Inec recognised the candidate of the Makarfi led faction of the PDP as the gubernatorial candidate, relying on the order of the Federal High Court, Port Harcourt. Why now is Inec relying on the decision of Justice Okon Abang of the Federal High Court, Abuja, recognising the Ali Modu Sheriff faction’s candidate? It seems contradictory. It is even more strange/curious that Inec Officials having acted as observers at the Makarfi led Akure Primaries, have now chosen to recognise Jimoh Ibrahim, even though they did not act as observers at his own Primaries. The Makarfi group and its candidate, Eyitayo Jegede SAN subsequently headed to the Court of Appeal. While it seems that Jegede may have withdrawn his own appeal, Counsel for the Makarfi group on Friday, argued their own application seeking the leave of the Court of Appeal to appeal against Justice Abang’s decision recognising Jimoh Ibrahim. Ruling has been reserved for today. It seems that instead of giving clarity to situations, the courts rather cause more con-

fusion, different courts adjudicating on cases with the same subject-matters and giving conflicting orders and rulings, as in the case of the Federal High Court, Port Harcourt and Abuja concerning PDP. It is high time that any Judge who takes on a controversial matter or any matter whatsoever, that is already being heard in another court, faces disciplinary sanctions. Controversial political cases are usually featured in the media, so there is usually general public knowledge about them. This may obviously not be the case for run of the mill matters. The question is, is there no search tool like google for example, available in the Judiciary whereby when a matter is assigned to a Judge, the Judge can search to see if the same parties are already involved in litigation on the same subject-matter? Whatever happened to consolidation of cases? Let us see how the saga continues to unfold, and who will finally run on the PDP platform in the Ondo State election slated for November 26, 2016. As it is, there is an election within an election or rather, a competition within an election. Who will win the first round? Eyitayo or Jimoh? Chinedu Ozobu, Legal Practitioner, Lagos

he PDP crisis seems to be deepening. With two gubernatorial candidates from the same party. Eyitayo Jegede SAN, the candidate of the Makarfi led faction of the PDP, who emerged as winner of the recently conducted Primaries in Akure. Jimoh Ibrahim, the candidate of the Ali Modu Sheriff faction of the PDP, who as the Governor of Ekiti State put it, did not emerge as a candidate through any known electoral process! The genesis of the PDP crisis stems from Ali Modu Sheriff refusing to step down as Chairman of PDP, while at the Party’s National Convention, he was removed as Chairman and a Care-Taker Committee led by Makarfi, put in place. Of course, as usual, there have been court rulings and counter-court rulings, making the situation all the more confusing. Interestingly, both gubernatorial candidates are lawyers. But has this helped the situation?

Worrisome Osita Ike

was shocked to watch the live proceedings of the House of Representatives as covered by NTA2 and saw that the bill calling for the criminal aspects of Islamic Sharia law to be implemented in our legal system in Nigeria at the Federal and State levels, passed the second reading today 27th Oct! I was even more shocked because even though there were many Christians in the House no one raised an objection! The Speaker of the House, Hon Yakubu Dogara, who presided over the proceedings said that what this meant was that it would now move to committee level where it will be discussed fully, before the House would decide on it finally, but it is curious that not even one voice of dissent was aired against it! I waited till 9pm to hear what NTA Network news would report about it, but there was a blackout of

reportage about it! Of course, other issues discussed and decided in the House today were reported but not this one! The bill to amend the 1999 Constitution of the Federal Republic of Nigeria to make provision for the full implementation of Sharia Criminal law in the Federal and States legal system has passed the second reading in the House of Representatives and no one is telling Nigerians what is happening! For all we know, when a bill passes the second reading unchallenged in parliament, it is almost as good as passed! Long before the 2nd Republic, Muslim leaders in Nigeria have always agitated for the full implementation of Sharia in Nigeria. Nobody has forgotten the hot debates that took place in the Constituent Assembly of 1978 about the place of Sharia in the 1979 Constitution. Christian members kicked against the full implementation of full Sharia because non-Muslims

would fall victim of this law. In the end, a compromise was reached that the Sharia Personal Law be allowed, not the criminal aspects. It was the same thing that happened in 1988 Constituent Assembly that produced the 1989 Constitution, which never took off. In fact, in the 1988 Constituent Assembly, General Ibrahim Babangida, then Nigeria’s self- styled military President, had to stop all debates relating to Sharia and other sensitive issues when he saw how inflammable the debates were becoming, and retained the status quo. The 1999 Constitution drew much from both the 1979 and 1989 Constitutions and retained Sharia Personal law. Now, Muslims, under President Muhammadu Buhari, have surreptitiously attempted to amend the Constitution to insert the full implementation of Sharia without carrying Nigerians along! Muslim leaders have always argued that Sharia law is meant for Muslims only. But Christians have always refused to buy the argument,

because in practice, non- Muslims have often been dragged before Sharia courts and have been adjudicated by a legal system repugnant to their faith. Several documented cases abound to prove this! Besides, Christians have always argued why the government that is supposed to be neutral to all religions should uphold the religious laws of one religion with public funds to the harm of the adherents of other faiths! These are some of the issues that make some of us to take with a pinch of salt the claims that PMB means well for this country! Our job is to bring these issues to the fore to create awareness of what is happening. Whatever happens afterwards is beyond our power. It’s up to you all! Broadcast this information Pls take all steps available to you to let this be known in the higher hierarchy of the church, PFN & CAN. We must not be docile. Osita Ike (culled from the Internet)

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01.11.2016

Corruption in the Judiciary Failure of Institutions

Attorney General of the Federation, Abubakar Malami SAN

Timothy Olubor

he recent arrest and detention of Judges of various courts in Nigeria has cast a shadow on the hallowed temple of Justice; the denigration of the Judiciary did not just happen overnight, it is as a result of failure of institutions.

The National Judicial Council (NJC) The Body saddled with appointment, promotion and discipline of Judges cannot be said to have performed excellently well. Part 1 of the Third Schedule to the 1999 Constitution (as amended) established the NJC, which is empowered to take disciplinary action against Judicial Officers for misconduct. as long as the accused remains a Judicial Officer. I wish to emphatically state that the regular courts lack jurisdiction to try serving Judicial Officers for official misconducts. The same scenario occurs in the armed forces, no civilian court is empowered by law to try a serving member of the armed forces for official misconduct, such person has to be given an orderly room trial and if found liable stripped of his rank before he can be made to face a civilian court. The NJC had in the past recommended retirement of Judges found liable for official corruption instead of dismissal, with the implication of the Judge being entitled to full terminal benefits and pension. Thus retirement, which the NJC usually uses as tool of punishment cannot be a punishment in the real sense or a panacea for corruption. It can be likened to a thief being caught and later released to go home with what he has stolen for his enjoyment. Notwithstanding the flaws of the NJC, the recent action of the Directorate of State Security (DSS) cannot be justified. Section 2 (3) of the National Security Agencies Act provides that the DSS is saddled with the duties of prevention and detection of any crime against the internal security of Nigeria. The competence of any criminal charge to be proffered against the erring Judges prior to any action by the NJC will definitely be in issue, as any act of bribery or unjust enrichment in the course of duty of a Judge is a misconduct and the constitution makes it clear on the institution that has the jurisdiction to look

Chief Justice of Nigeria, Hon. Justice Mahmud Mohammed

into such a thing – the NJC. Assuming that charges to be filed against the Judges are competent, the mere fact that you find large sums of money in a Judge’s home does not necessarily mean that it was gotten illegally, though one cannot rule out the fact that in some instances they might have been gotten illegally. For example, if the sum of N2.5 million is found in the home of a Supreme Court Justice, how can you prove that it is a proceed of corruption when the sum is equivalent to his two months’ salary and allowances. The general public and security agencies may have the impression that any rich Judge is corrupt, this may not be fair to some Judges who prior to their appointments to the Bench had made it big in private practice. Arresting Judges on the basis of money found in their homes may set a bad precedent. For example somebody who for whatever reason has an axe to grind with a Judge and wants to deal with him, all he needs to do is to arrange to bring in N5 million into the Judge’s official quarters and within 24 hours policemen are in the Judge’s house with a search warrant and the Judge is “caught” with proceeds of bribe with bold captions with the attendant hullabaloo in the dailies of the next day. It happened in the past in this country when a Judge was set up in a case of murder. Justice Ikomi (of blessed memory) of the High Court of the defunct Bendel State was dismissed from the Bench and charged with murder for killing his Police Guard. The general public followed the trial with enthusiasm, with the Judge being booed any day he attended court and people sang the song that the Judge must be hanged for murder. At the end of trial he was acquitted, the long and short of it all was that, Justice Ikomi’s dismissal was later converted to retirement, after the confession of members of the notorious Lawrence Anini armed robbery gang, that it was a Senior Police Officer, who was implicated as part of Anini’s gang and later executed, that was behind the death of the Police Guard. Unfortunately, Justice Ikomi never recovered from the shock and trauma that attended his trial. The NJC in its handling of the current situation appears to be confused. It recently released a Regulation banning press reportage of proceedings before it. This is against the tenets of the Freedom of Information Act. The NJC which should the custodian of the law, should not be

NBA president, Abubakar Mahmoud SAN

seen to be in breach of the law. The curious part of it all is that it was reported that the Regulation states that where any hearing being undertaken by NJC is leaked to the Press, the matter would be thrown out. The implication of this is that all a corrupt Judge who has a petition before the NJC needs to do is to surreptitiously leak the proceedings to the Press or use a sympathetic member of the NJC to do the hatchet job, the consequences of which will lead to the petition against him being thrown out. The Judicial Arm of Government The hierarchy of the Judiciary has not lived up to expectation in asserting the independence of the Judiciary. Hitherto, state governments gave large sums of money to Judges outside their salaries for summer holidays, Salah, Christmas, end of year etc, thus compromising the Judiciary. This must have prompted the ban placed on Judges by the NJC from receiving gifts from any arm of government, which is commendable. The recent onslaught on the Judiciary, in my opinion, was contributed to by the hierarchy of the Judiciary. The federal government has been treating court orders with utmost disdain, the judicial hierarchy has so far failed to issue any strong statements against such despicable conducts of the Executive, but is busy dining with the Executive. What has befallen the judiciary is as a consequence of its having sold its birth right. The Office of the Attorney General of the Federation There has been failure on the part of

"THE QUALITY OF THE BENCH IS A PRODUCT OF THE QUALITY OF THE BAR AND THE QUALITY OF THE BAR IS A PRODUCT OF THE QUALITY OF THE SOCIETY. UNFORTUNATELY, THE VIEWS OF LAWYERS ON THE ACTION OF THE DSS HAVE BEEN BASED ON PRIMORDIAL POLITICAL LEANINGS AND AFFILIATIONS"

the office of the Attorney General of the Federation over the years to prosecute Judicial Officers who have been indicted by the NJC, whether recommended by the NJC for prosecution or not. Suffice it to say that where a Judicial Officer has been sanctioned for corruption by way of dismissal or retirement, the office of the Attorney General can without any recommendation from NJC proceed to prosecute such an Officer because he has ceased to be a Judicial Officer. The blame by the Attorney General’s office against the NJC for not recommending Judges for prosecution is, in my opinion, misconceived and cannot be justified. The Nigerian Bar Association The quality of the Bench is a product of the quality of the Bar and the quality of the Bar is a product of the quality of the society. Unfortunately, the views of lawyers on the action of the DSS have been based on primordial political leanings and affiliations. In most instances an APC sympathetic lawyer would tell you that arresting a Judge at night as a common criminal is justified and that no one is above the law, while a PDP sympathetic lawyer would tell you that it is not justified and that why were the arrests targeted at Judges who gave judgements or made orders against the Federal Government? We, the members of the Bar need to be dispassionate in addressing the issue at hand. The penultimate NBA leadership, whilst in office, appeared to have pledged their allegiance to political considerations and/or benefits from the Executive arm of government, hence their silence on the Executive arm of government’s flagrant disobedience of court orders. I expect the new NBA Executive to take the bull by the horns in this regard and insist on the rule of law. In conclusion, I would say that there is a need to fight corruption in all facets of the society, not just on the Bench. The Nigerian people have an obligation to drop political considerations and insist on the holistic fight against corruption. Any compromised or selective fight against corruption will not reduce corruption, but will erode public confidence in the fight. This will not only embolden corruption, but will lead to an exacerbation of corruption. We saw this happen in the Obasanjo government’s supposed fight against corruption. Timothy Olubor, Legal Practitioner, Partner, Allan & Ogunkeye

01.11.2016

THE LIGHTER SIDE/13

LEGAL HUMOUR At a convention of biological scientists, one researcher remarks to another, "Did you know that in our lab we have switched from mice to lawyers for our experiments?" "Really?" the other replied, "Why did you switch?" "Well, for three reasons. First, we found that lawyers are far more plentiful, second, the lab assistants don't get so attached to them, and thirdly, there are some things even a rat won't do." •••

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I bought a plot of land at Ajangbadi in Ojo Local Government Area of Lagos State in 2013. I was given all the relevant documents by the Seller and duly executed Deeds of Assignment as well. My Lawyer made sure that all the documentation was complete and in order. In 2014, as I was building a half wall fence around the land, a group of young men who claimed that they were members of the family of the owner, accosted the bricklayers and demanded the sum of N600,000 before anything further could be done on the land. Every effort I made to get them to see reason, was fruitless. Eventually, I parted with N200,000. Last month, when I decided to commence building on the land, an even larger number of the boys came to disrupt the work and it took police intervention to avert bloodshed on that day. In all this, the person I bought the land from has refused to be of any assistance. The title of the land is not in question, ownership is not in dispute, neither are there any other issues. Kindly, advice, as I cannot continue this cat-andmouse game with these hoodlums. Chief P.E., Festac, Lagos. Dear Chief P.E., Your encounter with the young men is quite common around Lagos. They are called ‘Omo Onile' and their activities are lawless and can be very bothersome to property owners. However, the Lagos State Government, in recogni-

tion of this challenge outlawed the activities of these hoodlums early this year. The government passed the Properties Protection Law. Section 2(1) of the law states that "As from the commencement of the law, no one shall use force or self-help to take over any landed property or engage in any act inconsistent with the proprietary right of the owner in the State. Anyone who commits such offence is liable to ten (10) years imprisonment." "Also, anyone without lawful authority who applies threats or violence to secure entry into any landed property for personal use commits an offence. Regardless of if the entry is lawful, it does not give a right to use threats or violence and anyone who commits the offence shall be liable to 10 (ten) years imprisonment." "Furthermore, by virtue of section 3(4), anyone who uses fire arms or offensive weapons or is in any way armed or wounds anyone while committing the act of forced entry is liable to 4(four) years imprisonment." You are therefore advised to lodge a complaint at the police station located nearest to the land, and to the Lagos State Special Task Force on Land Grabbing, recently inaugurated by the AttorneyGeneral of Lagos State. Their office is located within the Lagos State Ministry of Justice building at the Secretariat in Alausa, Ikeja. That would ensure that your property is adequately protected from the hoodlums, whenever you are ready to continue work on the land.

A lawyer's son wanted to follow in his father's footsteps, so he went to law school and graduated with honors. Then he went home to join his father's firm. At the end of his first day at work, he rushed into his father's office and said, "Father, father! In one day I broke the Smith case that you've been working on for so long!" His father yelled, "You idiot! We've been living on the funding of that case for ten years!" ••• Lawyer: “Now that you have been acquitted, will you tell me truly? Did you steal the car?” Client: “After hearing your amazing argument in court this morning, I’m beginning to think I didn’t.” ••• Two lawyers walking through the woods spotted a vicious looking bear. The first lawyer immediately opened his briefcase, pulled out a pair of sneakers and started putting them on. The second lawyer looked at him and said, "You're crazy! You'll never be able to outrun that bear!" "I don't have to," the first lawyer replied. "I only have to outrun you."

Legal Tidbits As the EFCC has said that the anticorruption drive against the Judiciary is still ongoing, the word out is that some Justices and Judges are shaking in their boots, as they may be next in line for ‘stinging’. A Federal High Court Judge, who now sits in Abuja, may be on the radar. Its almost as if this Judge is the only Federal High Court Judge that sits in Nigeria, as he seems to be hearing so many controversial cases, whether in Lagos, Ondo or Umuahia or Kutuwenji. His reputation for being an architect of confusion, giving perverse judgements and conflicting rulings, precedes him. Lawyers are marvelling at how this Judge managed to escape the first round of raids and arrests, when various allegations of judicial misconduct

including bias, have been levelled against him. Dr Tunji Abayomi, Senior Lawyer and Activist, recently in an interview, accused the Judiciary not only of financial corruption, but sexual corruption. He said that some Judges were in the habit of sexually harassing more junior female members of the Bench and Judiciary staff. Legal Tidbits gathered that quite a few Judges may be involved in this habit, including a very high ranking Judge in one of the South-West States’ Judiciary. Women are afraid of what will happen when he becomes Chief Judge of his State in the next few years. Maybe the DSS can also handle this sexual harassment issue, since they may enjoy carrying out duties beyond the purview of their instruc-

tions, and this may not be a matter for the EFCC! After all, anyone that engages in sexual harassment deserves to be 'stung'. Legal Tidbits caught a hilarious news headline saying that the Navy caught four cattle hustlers and recovered ninety-five cows in Kaduna! Is this a fall out from the DSS doing another agency's job? What is the Navy's concern with rustlers and cows? Were they swimming on the high seas? Legal Tidbits thinks not, since they were said to have been arrested in Kaduna. It is hoped that this DSS sting operation thing will not be the beginning of confusion and mayhem in Nigeria, where Road Safety staff will arrest thieves for burglary or breaking and entering or Judges on allegations of bribery and corruption.

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01.11.2016

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Arbitrability and a Party’s Locus Standi to Contend Same

ne of the disturbing challenges of the growth of arbitration in Nigeria, is the seeming undue interference with arbitration reference is various forms. This trend has reoccurred most recently, notably with the Crestar decision by the Lagos Division of the Court of Appeal, granting anti-arbitration injunction against an international commercial arbitration proceedings with a seat in London and the other several decisions with respect to “tax related matters”. Without prejudices to the binding effect of these decisions until set aside, these pronouncements no doubt create some uncertainty in the perception for the continuous use of arbitration by local and international investors. This is perhaps another clarion call for the country’s arbitration laws to be tinkered with some level of certainty. This article will attempt to consider these concerns from arbitrability stand point. Arbitrability is one of the issues where, the contractual and the jurisdictional natures of International Commercial Arbitration meet head on. It simply involves the question of what types of issues can and cannot be submitted to arbitration. However, the issue of arbitrability varies from jurisdiction to jurisdiction, each states decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. This is a restriction to party autonomy in arbitration (which is a private proceeding with public consequences) and it is justified to the extent that, arbitrability is a manifestation of national and international public policy. Thus, some disputes are exclusively reserved for national court’s determination, whose proceedings are generally held in public. A pertinent question which has raised diverse opinion is; Does this ipso facto invalidate the arbitration agreement entered by the parties? Opinions differ, but the writer is of the view that it does, as the arbitration agreements covering those matters considered non-arbitrable will, in general, not be considered valid, will not establish the jurisdiction of the tribunal and the subsequent award may not be enforced. These issues will be x-rayed vide judicial decision anon. Some international conventions have given a context of what arbitrability entails. The New York Convention of 1958 provides for the law of arbitrability only from the perspective of enforcement. It requires the enforcing court to look to its own law to determine whether the dispute is arbitrable. Article V(2)(a) provides........ the subject matter of the difference is not capable of settlement by arbitration under the law of that country. Similarly Section 48(b) (I) of the ACA provides that the court may set aside an award if the court finds that the subject matter of the dispute is not capable of settlement by arbitration under the Nigerian Law. Conversely, it is pertinent to state that there is no separately codified law (to the best of the writers knowledge) on arbitrability in Nigeria, unlike in other jurisdictions such as neighbouring Ghana. However, the exclusive subject-matter jurisdiction of the Federal High Court pursuant to the provisions of Section 251 of the Constitution provides for exclusive jurisdiction for tax related matters. Therefore construing Section 48(b)(i) and 52(2)(b)(i) of the Act will enable a finding by the court that the subject matter of the dispute is not capable of settlement by arbitration under Nigeria law. Remarkably now, is the Court of Appeal’s decision in SNEPCO & 3 ORS v FIRS & ANOR in CA/A/208/2012 delivered on the 31st day of August, 2016. The Court of Appeal affirmed the decision of Adamu Bello .J. (Rtd) of the Federal High Court, Abuja Division agree-

ing with the Tax authorities (FIRS) as plaintiffs, that the outcome of an arbitration proceedings between the NNPC and the IOC on some tax liability made pursuant to contractual obligations in a Production Sharing Contract (PSC) were not arbitrable because of the Section 251 of the Constitution. The trial court held thus:- “ it is not therefore intended by the constitution of the FRN that issues of taxation or tax matters should go to arbitration. I hold that the claim of the claimants (defendant herein submitted to arbitration having been founded to relate to tax disputes arising out of the operation of the PSC between the 1st defendant and the 2nd -5th defendants is not one referable to arbitration. The subject matter is one within the exclusive jurisdiction of this court granted by the constitution. The troubling issue here is not whether or not taxation issues are arbitrable as all the parties are ad idem as to the non-arbitratbility of tax matters, rather that an interloper who is not a party to the underlining contract giving rise to the dispute will have requisite locus standi and/ or competence to raise same. The decision of the trial court was considered unassailable by the Court of Appeal. Although the appellant’s contention inter alia was that, the dispute before the tribunal was largely contractual and also FIRS not being privy to that contract and not a party to the ongoing arbitration lacks the requisite locus standi, to challenge same. The Court of Appeal in rebuffing this contention held per Yahaya JCA thus:“I have myself re-considered all the relevant processes......... which is on the nature of the claim before the tribunal, the respondent is to lift tax oil and make payments of PPT

"THE NEW YORK CONVENTION OF 1958 PROVIDES FOR THE LAW OF ARBITRABILITY ONLY FROM THE PERSPECTIVE OF ENFORCEMENT. IT REQUIRES THE ENFORCING COURT TO LOOK TO ITS OWN LAW TO DETERMINE WHETHER THE DISPUTE IS ARBITRABLE"

pursuant to the tax returns prepared by the appellants. This is similar to relief (g) sought (page 118 of the record the reliefs, before the tribunal) . Clause 2.4, 7.1 (h), 15.2 (a) and Annex B, Article III paragraph 2(a) and 2 (b) (page 75 of the record), deal with the payable petroleum Profit Tax (PPT), the deductible tax to be determined in accordance with the PPT Act, including signature bonuses loan interest and sole cost, the timing of capital allowances and the method for estimating same, are to be determined in accordance with the PPT Act. ......... It is the FIRS that has the exclusive preserve of assessing, collecting, accounting and enforcing payment of taxes due to the government of Nigeria or any of its agencies from persons, including companies and enterprises chargeable with tax.... It is the FIRS that has the power to administer tax legislation including the Petroleum Profit Tax Act, Deep Offshore Act, Companies Income Tax Act 1990 and personal Income Tax Act 1993......., and it is FIRS that has the statutory power and function of administering same, if there is any proceeding in which assessment, levying, payment timing and returns are to be determined according to the Petroleum Profit Tax the duties, obligations and responsibilities of the 1st respondent are called to question, and surely it must have an interest, a locus standi, in that proceeding. Its obligations and duties are in danger of being adversely affected since it is not a party to the proceedings at the tribunal and therefore it has the right to go to court to protest the infringement of its interests and duties. I am therefore in full agreement with the trial court, that he had considered the relevant material before him and had come to the right conclusion that the 1st respondent had the locus standi to institute the action at the trial court. It is settled law that reliefs determine jurisdiction, More so, it is trite law that Locus Standi is corollary to jurisdiction. The court’s decision in the SNEPCO Case was premised on the relief sought by FIRS before the trial court in juxtaposition with that of the appellant at the tribunal, thus coming to a conclusion that the reliefs being similar in nature, the outcome at the arbitration will certainly impact on FIRS core functions, thereby acceded to their claim to alter the arbitration proceedings and by extension the reference and its eventual outcome. This supports the writer’s earlier position that arbitrability goes to the validity of the agreement ab initio, contrary to some other positions.

Category of arbitrability is not closed in Nigeria, Public Policy considerations has expanded the scope. The combined interpretation of Section 35, 48(b)(ii) and 52(2)(b)(ii) of the Act Support this view. More so, Section 34(2)(b) of the Model Law equally makes reference to public policy. Unlike in Nigeria, in the United States (which is considered to be a trail blazer in many respects), with a deliberate policy consideration in favour of arbitration, the US Supreme Court has effectively established a presumption of arbitrability and placed the burden on the party resisting same, to prove that congress intended to preclude parties to commercial contracts from waiving the judicial forum by agreeing to arbitrate disputes. Statutory provisions also support this position as any doubts concerning the scope of arbitrable issues be resolved in favour of arbitration. In MITSUBISHI v SOLER, 473 US 614, 105 SCt 3346, 3355 et seq (1985), the US Supreme Court held that in an international arbitration context the ambit of arbitration may be wider than in a national context. Though the case only dealt with US law, the decision describes what is now the prevailing view. The case also evidences a second general trend: the increase in the types of disputes which can be referred to international arbitration. While originally arbitration was limited to claims arising directly out of contract, gradually more and more claims based on statutes, for example, regulating important parts of the National Economy in the public interest have become arbitrable. In MITSUBISHI v SOLER the court declared antitrust disputes to be arbitrable which in AMERICA SAFETY EQUIPMENT CORP v J.P MAGUIRE & CO were still held not to be arbitrable in a domestic context. Finally, in view of the SNEPCO decision upholding the lack of jurisdiction of the arbitral tribunal on the ground that the dispute has tax implications, the scope and effectiveness of an arbitration clause in Nigerian PSCs is currently unclear as a claim before a court may be met with an objection based on the existence of an arbitration clause, thus as any default which will result in over-lifting of crude oil has been held to be a ‘tax’ dispute and non-arbitrable. The Orojo Committee report, which is being currently reviewed, perhaps should give some attention to these issues raised (if it has not been considered). We hope that in the coming years the courts will have a more progressive approach towards the use of arbitration in contractual agreements. Michael Numa, Managing Associate, Karina Tunyan (SAN) & Co., Abuja

01.11.2016

/15

MY BRIEF BY SKB STEPHEN KOLA-BALOGUN

stephenkolabalogun@yahoo.com

The CJN’s Dilemma

his week, we find ourselves grappling yet again with the most basic principles of law namely: the rule of law and the requirement of justice itself. The daily saturation of media attention on the judiciary following the raid of the Department of State Services (DSS) on the homes of a number of Judges, during separate sting operations in the late night and early morning hours of October 7th and 8th, 2016, leading to the arrest of some of them including two Supreme Court Justices and other Judges in different hierarchies of our judicial structure, has now resulted in the Nigerian Bar Association (NBA) pushing for the suspension of these Judges from their official duties pending the time the DSS is able to conclude its investigations. The outgoing Chief Justice of Nigeria (CJN) Mahmoud Mohammed GCON who is also the Chairman of the National Judicial Council (NJC) rejected this call by the NBA stating that the DSS has yet to send any formal petition to the NJC. The CJN pointed out that the NJC is a federal executive body created by law to insulate the judiciary from the interference of the Executive arm of Government, and guarantee its independence as a separate arm of Government. The CJN hinged the decision not to suspend the Judges as of yet on the rule of law arguing that the misunderstanding was between the NJC which was established by the Constitution and the DSS which comes under the Presidency and that to do what the NBA was asking for would amount to it surrendering its authority to another institution, which would be contrary to Section 158(1) of the 1999 Constitution as amended hence the need to defend the independence and sanctity of the Judiciary as the third arm of the Government. Although this argument by the CJN may indeed be true, it is important to bear in mind that the CJN traditionally wears two caps; hence his dilemma! First and foremost he is the Chief Justice of Nigeria and head of the Judiciary and by implication the legal profession. Secondly, he is also the Chairman of the NJC as established under Section 153 of the 1999 Constitution (as amended) and outlined under Part One (i) of the Third Schedule of the 1999 Constitution (as amended). Amongst the constitutional and administrative powers of the NJC, is the right to consider and assess petitions and complaints bordering on misconduct of Judges and look into allegations of their corruption. There now appears to be a clear conflict of interest between his official duties and mandate as CJN vis-à-vis his responsibilities as Chairman of the NJC. This has come about because two of the Honourable Justices of the Supreme Court are amongst the Judges whose homes were raided by the DSS and are undergoing investigation. In other words the Supreme Court which is the Court where the CJN sits is also under the spotlight. It has long been said that justice should not only be done, but should manifestly and undoubtedly be seen to be done (R v. Sussex Justices, ex p McCarthy (1924) 1 KB 256 AT 259, (1923) All ER Rep 233 at 234, per Lord Hewart CJ. The fact that this is trite – a truism or even a cliché does not in any sense alter its essential significance. This was perhaps further highlighted last week, when protesters under the aegis of the Non-Governmental Organisations in Nigeria stormed the Supreme Court and

Chief Justice of Nigeria, Mahmud Mohammed

the National Assembly, carrying placards requesting that the Judges who are under investigation should stand aside from their official duties pending such time that any investigation into their affairs is concluded. If this demonstration is anything to go by, it appears that the common or ordinary man does not appreciate the CJN’s complicated position. But is there a flaw in the CJN’s stance? One of the long standing features of natural justice is that no man should be a Judge in his own cause - nemo judex in causa sua. This principle is not confined to a cause in which one is necessarily a party, but also applies to a cause in which one also has an interest. That being the case, since the Supreme Court where the CJN sits is also under the spotlight, there is a growing insinuation that he is using his other office as Chairman of the NJC to shield these Judges. Hence the question, can justice in all honesty be manifestly and undoubtedly be seen to be done, even if in fact it is being done? Personally, I have my doubts because the principle of Natural justice is at stake. This is what I would conveniently call the legal aspect of ‘keeping up appearances’ if you like. The requirement of ‘natural justice has two ‘limbs’. The first limb deals with the fact that both sides to a dispute must have a fair hearing, while the other limb deals with the fact that there must be no bias in arriving at a decision. The issue in this instance is not the first, but the second

"IN THE PAST, JUDGES WERE KNOWN AND RESPECTED FOR THEIR DEEP SENSE OF PRIDE AND INTEGRITY, AND AS SUCH, ANY JUDGE UNDER INVESTIGATION WOULD HAVE VOLUNTARILY STEPPED ASIDE, PENDING SUCH TIME THAT HIS OR HER NAME WOULD HAVE BEEN CLEARED" limb. There is an apparent case of bias if not actual bias and the effect of this analysis is one of disqualification from the CJN’s point of view as Chairman of the NJC, because objectively a man cannot be a Judge in his own cause. The appearance of impartiality, as well as its substance is essential if our courts are to retain public confidence in their integrity and as such whenever there is a reasonable apprehension of prejudice or partiality in a matter or issue, the Judge must be disqualified, this point is best illustrated in R v Bow Street

Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No2)(1999) 1 All ER 577. Spain sought the extradition of General Pinochet, the former Chilean head of state, in order to try him for crimes against humanity. The Divisional Court quashed the warrant for his arrest on the grounds that a former head of state has immunity in respect of acts committed while he held his office. On appeal to the House of Lords the arrest warrant was restored, though only by a majority of three (3) to two (2). Subsequently, Pinochet discovered that one of the majority Law Lords, Lord Hoffmann, was a director and chairperson of Amnesty International Charity Limited, a company incorporated to promote Amnesty International's objectives. Amnesty International had appeared before the House of Lords and argued in favour of extradition. Pinochet successfully petitioned the House of Lords to set aside its earlier judgment on the grounds that Lord Hoffmann was disqualified from sitting on the case. The House of Lords had no hesitation about the justification of the complaint, but the House set aside its earlier decision on a rather narrow ground. Lord Browne-Wilkinson explained that in this case the court was concerned with only the first of the two general grounds of disqualification: that no man should be judge in his own cause. It is doubtful whether those that drafted our Constitution envisaged a situation in which the Chairman of the NJC would have to scrutinise his own Court. Furthermore, would the CJN have in all honesty acted differently, if it were solely Judges of other courts, for instance if it were the Courts of Appeal that were involved? This issue also brings to the fore one of the areas of constructive reform we need in the Judiciary namely - why should a serving Judge be the Chairman of the NJC? Would it not be far better if a retired Judge, such as a former Chief Justice of the Federation (for example) was made Chairman instead? This would of cause, require a constitutional amendment before it can be implemented, but it is surely not insurmountable. In any case the CJN already has his hands full. He is also Chairman of the Federal Judiciary Commission and Chairman of the Board of Governors of the National Judiciary Institute and in each of these positions he has a separate core of mandates. It is even questionable how many times a year the CJN can even sit as Chairman of NJC! What however cannot be doubted is the fact that being Chairman of the NJC is now a full time assignment. The Way Forward In the past, Judges were known and respected for their deep sense of pride and integrity, and as such, any Judge under investigation would have voluntarily stepped aside, pending such time that his or her name would have been cleared. It is a pity that the CJN is being put through this conundrum of having to balance the Judiciary’s constitutional position with the basic principles of natural justice. The common man is more concerned about natural justice than legal knots tied to the Constitution. But if the Judges concerned genuinely have regard for the offices they hold, and place the survival of the Judiciary above personal interests, and want to ensure that it survives as an institution without further denigration, then they ought to do the honourable thing and step aside from their positions for now, pending proper investigation into whatever allegations have been levied against them. But will they? Stephen Kola-Balogun Legal Practitioner Lagos.

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01.11.2016

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

POLITICS

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

EXECUTIVE BRIEFING

Before the Senate Misfires Against the backdrop of the allegations that MTN violated the Foreign Exchange Monitoring and Miscellaneous Provisions Act, Davidson Iriekpen, while examining the provisions of the law vis-avis government’s investment drive, advises caution in national interest

fter surviving a debilitating fine imposed on it by the Nigerian Communications Commission (NCC) last year, telecoms giant, MTN has since September been in the news again. This time, the Senate accused it of an alleged connivance with the Minister of Industry, Trade and Investment, Okechukwu Enelamah, and four commercial banks in the country by taking advantage of the porous Nigerian financial system to move the sum $13.9 billion out of the country without the required authorisation. The upper legislative chamber, according to a motion moved by Senator Dino Melaye (Kogi West) on September 27, alleged that MTN beat the nation’s financial regulatory laws by failing to obtain a certificate of capital importation (CCI) as authorised by CBN Financial and Miscellaneous Act within 24 hours between 2006 and 2016 before moving the money out of the country. The senator pointed out that MTN did not request for the CCI from its bankers, Standard Chartered Bank, within the regulatory period of 24 hours of the inflow, nor was the CBN notified of the inflow by the bank within 48 hours of receipt and conversion of the proceeds to naira as required by regulation. CCI is a CBN certificate issued by banks for importation of cash (foreign currency inflow) for investment as equity or loan, and also for importation of machinery and equipment for investment as equity or loan. It is usually issued in the name of the investor within 24-48 hours of the inflow of the capital into Nigeria. The primary purpose of the CCI is to guarantee access to the official foreign exchange market for repatriations of capital and returns on investment – dividend, interest, and capital on divestments. A copy of the CCI must be presented to the Nigerian bank to process a remittance by the requesting company. But at the commencement of investigative hearing into the allegations before the Senate Committee on Banks, Insurance and Other Financial Institutions, MTN denied the allegation of violating the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, noting that its processes in acquiring CCIs had been transparent. According to its Chief Executive Officer, Ferdinard Moolman, the monies repatriated by the company were in respect of dividend payments and capital investment originating from legitimate foreign direct investment. He also added that Elenemah did not connive with the company to move funds out of Nigeria. “We would like to reiterate that at no point did MTN Nigeria (MTNN) illegally repatriate funds out of Nigeria or collaborate with Nigerians to loot the external reserves of the country. MTNN is a Nigerian company and is proud to be conducting business in Nigeria. “It therefore categorically refutes any accusations of money laundering, economic sabotage or tax evasion levied against it. The dividend payments were made to shareholders, who imported foreign capital for investment in MTNN. We would like to state that Elenemah has never been a director or shareholder of MTNN.” Moolman noted that whereas the telecoms company only requested for CCIs for foreign capital that was imported into Nigeria, dividends were neither declared nor paid until the CCIs were issued and finalised. He noted that, “Often for various reasons (such as not having all the required documentation for instance), it is not possible to issue a CCI within 24 hours, and the CBN’s Forex Manual contemplates such situations by asking that the banks refer to the CBN for approval. “Besides, the requirement to issue a CCI within 24 hours of conversion is an administrative requirement. As such, the CBN has the authority, and indeed we believe, approved the banks’ applications to issue CCIs outside the

Melaye...in whose interest?

recommended time frame.” On his part, Mr. Pascal Dozie, Chairman of Diamond Bank, also denied the allegation of illegal repatriation by the telecoms company, arguing that MTN had invested $16 billion in Nigeria within 16 years. He said the money imported to Nigeria was done in three tranches, insisting that the allegation by the Senate “was completely false.” According to him, when MTN came to Nigeria, it offered 40 per cent shares to Nigerians while it took the other 60 per cent only to find that it was difficult to get Nigerians to invest 12 per

This is why observers feel that the NIPC should inform the lawmakers that if a foreign investor has brought in foreign investment, and pays all the relevant taxes, why can’t he repatriate all his dividends or profits? How does this amount to an illegality? How does the dividends and profits of a company concern the government. The only legitimate question the Senate can pose here is: has the foreign company under investigation paid its taxes?

cent of the 40 per cent offer. He added that MTN had to bring other investors before it could secure 25 per cent of the offer. Dozie further said these Nigerians constituted Celtelecom, adding that a conversion of Celtelecom investment was done in 2007 through its bankers with CBN approval, thus exonerating Enelamah too. He claimed the minister was not a shareholder in MTN but only a director of Celtelecom and CEO of Capital Alliance which he said midwifed the Celtelecom. The questions many people are asking are: Does the late issuance of a CCI mean no capital was imported? Does the late issuance of a CCI mean that profits can no longer be repatriated and are essentially stuck in Nigeria? The Nigerian Investment Promotion Council (NIPC) Act and Foreign Exchange (Monitoring and Miscellaneous Provisions Act), are very clear on what the right of an investor is in Nigeria. Section 24 of the NIPC Act states: “… A foreign investor in an enterprise to which this Act applies shall be guaranteed unconditional transferability of funds through any authorised dealer in freely convertible currency of (a) dividends and profits (net of all taxes) attributable to the investment…” Section 15 of the Foreign Exchange (Monitoring and Miscellaneous Provisions Act) states, similarly, in addition to spelling out whose responsibility it is to issue the CCI, states: “Foreign currency imported into Nigeria and invested in any enterprise pursuant to subsection (1) of this section shall be guaranteed unconditional transferability of funds, through an authorised dealer in freely convertible currency, relating to— (a) dividends or profits (net of taxes) attributable to the investment…” This is why observers feel that the NIPC should inform the lawmakers that if a foreign investor has brought in foreign investment, and pays all the relevant taxes, why can’t he repatriate all his dividends or profits? How does this amount to an illegality? How does the dividends and profits of a company concern the government. The only legitimate question the Senate can pose here is: has the foreign company under investigation paid its taxes? The questions begging for answers here are: did MTN really breach the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act? Was the law meant to suffocate investors or encourage them? Today, is the law serving the

purpose for which it was enacted? The law, which was originally enacted by the late military Head of State, General Sani Abacha, under Decree No. 17 of 1995, became an Act when the country returned democracy in 1999. THISDAY gathered that the law was enacted by Abacha to facilitate the ease of doing business in the country. It learnt that when the late military ruler noticed that investors and investments were not coming to the country under his regime based on his despotic posture, he was worried. He later convened a forum with local and international investors where they unanimously told him to protect their investments and guarantee them free movement of their funds, hence the law. THISDAY gathered that as soon as the law was enacted, investors started moving into the country in droves. The question many observers are further asking is, where was the central bank when the alleged offence was committed or what role did the bank play in all of this? Section 15 (1) of Act states that “Any person may invest in any enterprise or security, with foreign currency or capital imported into Nigeria through an authorised dealer either by telegraphic transfer, cheques or other negotiable instruments and converted into the naira in the market in accordance with the provisions of this Act. Subsection states 2: “The authorised dealer through which the foreign currency or capital for the investment referred to in subsection (1) of this section is imported shall, within 24 hours of the importation, issue certificate of capital importation to the investor and shall, within 48 hours thereafter, make returns to the central bank giving such information as the central bank may from time to time require.” Subsection 3 went ahead to state: “The central bank shall furnish to the minister, on a quarterly basis, detailed reports on the returns furnished to the central bank under subsection (2) of this section for information and statistical purposes only.” While subsection 4 says: “Foreign currency imported into Nigeria and invested in any enterprise pursuant to subsection (1) of this section shall be guaranteed unconstitutional transferability of funds, through an unauthorised dealer in freely convertible currency, relating to (a) dividends or profits (net of taxes) attributable to the investment (b) payments in respect of loan servicing where a foreign loan has been obtained and (c) the remittance of proceeds (net of all taxes) and other obligations in the event of sale or liquidation of the enterprise or any interest attributable to the investment.” Section 15 states that “The repatriation referred to in subsection (4) of the section shall be communicated by an authorised dealer to the central bank, within 14 days of the repatriation and the central bank shall furnish same to the minister on a monthly basis for information and statistical purposes only.” To show the importance the federal government attached to the law during its conception, it states in section 37 (1) that “Notwithstanding the provisions of this Act, the relevant provisions of all existing enactments, including the Bill of Exchange Act, CBN Act, Banks and Other Financial Institutions Act (BOFIA) and the National Economic Intelligence Committee (Establishment, etc) Act shall be read with such modifications as to bring them into conformity with the provisions of this Act.” The law in section 37 (2) states that “If the provisions of any other law including the enactments specified in subsection (10 of this section are inconsistent with those of this Act, the provisions of this Act shall prevail and provisions of that other law shall, to the extent of the inconsistency, be void.” NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

ONTHEWATCH

Ondo: It’s Time for Appeal Court to Act Who is the authentic governorship candidate of the Peoples Democratic Party in Ondo State? This is one question the Court of Appeal must urgently resolve to avoid a breakdown of law and order in the Sunshine state, writes Davidson Iriekpen

xcept the Court of Appeal urgently steps in and urgently resolves the impasse about who the authentic Peoples Democratic Party (PDP) governorship candidate is in Ondo State between Eyitayo Jegede and Jimoh Ibrahim, the state will soon witness the kind of breakdown of law and order capable of threatening the November 26 election. While Jegede belongs to the Ahmed Makarfi faction of the party, Ibrahim is in the Ali Modu Sheriff camp. The two factions have since May been enmeshed in a supremacy battle over who is the authentic leader of the party. The Independent National Electoral Commission (INEC) by virtue of the judgment of Justice Abdullahi Liman of the Federal High in Port Harcourt on July 4, 2016, had recognised Jegede as the candidate of the PDP for the election. The commission has sent its representatives to monitor and supervise the primary election that produced Jegede. It was also on the basis of this judgment that INEC recognised Mr. Osagie Ize-Iyamu as the governorship candidate of the PDP for the Edo State governorship which held last month However, on October 14, Justice Okon Abang of the Abuja division of the Federal High Court altered the equation, when he ordered the commission to accept Ibrahim as the candidate of the party. In his ruling on an application filed by the Chairman and Secretary of the PDP in Ondo State, Biyi Poroye and Ademola Genty and others in Osun and Oyo respectively, Abang, typically, held that INEC has no reason to reject the candidate submitted to it by the plaintiffs. The said application was for the enforcement of a June 29, 2016 judgment of the court affirming Poroye, Genty and others, who emerged from the May 10, 2016 congresses of the party in the South-west, as the authentic leaders of the party in the Ondo, Ekiti, Oyo, Osun, Ogun and Lagos States. In the June 29 judgment, Justice Abang further ordered INEC to only accept the name of the candidate sent by the Pororye and Genty-led executive committee as the actual candidate of the party for the forthcoming governorship election in Ondo State. The applicants had applied to the court for themselves and on behalf of the Ondo State executive committee of the PDP, stating that the post-judgment application was informed by INEC’s refusal to accept their candidate, as directed by the court in its June 29 judgment. It was their contention that the electoral body was aware that the judgment of the court relates to five other states, where the general election would hold in 2019 and is in good position to understand the implications of the judgment for Ondo State, where elections would hold in 2016, but chose to ignore the obvious implication. In addition, they also stated that INEC was also aware that the judgment was predicated upon the May 19, 2016 letter of the National Working Committee (NWC) of the PDP, which was addressed to it (INEC), confirming to it that Pororye and Genty are leaders of the authentic state Executive Committee of the party in Ondo State. In his ruling that threw Ondo into crisis, Abang held that INEC was without any reason not to accept the candidate submitted to INEC by the plaintiffs. He noted that not only did INEC participate in the proceedings leading to the June 29 judgment; it was not on record that the judgment has been appealed. The judge, who also noted that since INEC did not contest the case and appeal the judgment, wondered why it chose not to obey it. Abang therefore ordered INEC to, “accept and process for the purpose of its functions and activities in the organisation and conduct of the Ondo State governorship election only the nomination of Ibrahim, who emerged from the primary election conducted by the 1st and 2nd plaintiffs/applicants, as candidate of the 2nd defendant (PDP) in the said Ondo governorship election.”

President of Court of Appeal, Justice Zanab Bulkachuwa_ Justice of the Supreme Court, Justice Wilson Onnoghen and Chief Justice of Nigeria, Justice Mahmud Mohammed at a function

He also ordered INEC to “reject and jettison any other nomination from (s) submitted to it by any other person(s) apart from the 1st and 2nd plaintiffs/applicants, indicating that no other person, apart from Jimoh Ibrahim Folorunso, is the candidate of the 2nd defendant for the Ondo State governorship election.” Relying on the above judgment, INEC last Thursday named Ibrahim as the candidate of the PDP for the governorship election. Ibrahim’s name was posted on an INEC notice board in Akure as well as on the commission’s website. As soon as the electoral umpire made the announcement, protest broke out in Akure, the state capital This decision by the commission surprised many observers moreso as the commission did

As soon as the electoral umpire made the announcement, protest broke out in Akure, the state capital… This decision by the commission surprised many observers moreso as the commission did not monitor nor supervise the primary that produced Ibrahim. Moreover, many pundits wondered why the judgment should affect Jegede, who was not a party in the suit. This, many them of feel, should have made the commission to appeal the verdict before taking a position

not monitor nor supervise the primary that produced Ibrahim. Moreover, many pundits wondered why the judgment should affect Jegede, who was not a party in the suit. This, many them of feel, should have made the commission to appeal the verdict before taking a position. To know that it was Abang that delivered the judgment again did not surprise many members of the party. Today, they hold him responsible for the crises rocking the party. So far, he has granted a number of orders that have added to the confusion in the party. Apart from the series of controversial orders he has delivered to stop the party’s national convention, Abang has also acted in a manner largely suspected to be on mission to kill the PDP by granting many orders, recognising Sheriff remained the authentic national chairman of the PDP against the orders of similar courts of the same jurisdiction asking Sheriff to step down. His bias and judicial blunder came to the fore when he sat on appeal on a judgment delivered by a similar court of concurrent jurisdiction presided over by Justice Liman of the Federal High Court sitting in Port Harcourt. As a way of permanently resolving the legal crises plaguing the PDP, Justice Liman had in a judgment delivered on July 4, declared that the May 21 national convention of the party, where the Makarfi-led National Caretaker Committee was inaugurated was valid, stating that its decisions did not violate any known law or the constitution of the party. He also affirmed that the appointment of the caretaker committee by the national convention of the PDP to oversee its affairs was legal and in line with the provisions of the party’s constitution. He therefore dismissed all the grounds of defence put up by Sheriff. Liman said Article 31 (1) of the PDP constitution vested the powers to convene a national convention on the national executive committee of the party and held that pursuant to the constitution of the party, Sheriff had no powers to unilaterally postpone the properly constituted national convention on a day all delegates had converged on Port Harcourt, the host city. The judge described the action of Sheriff as “most unconscionable”, pointing out that the former acting national chairman participated in all the processes leading to the national convention, only to make a U-turn at the final minute after he was screened and disqualified. The court ruled that after Sheriff was disqualified following his screening, the only option that was left to him was to have gone to the venue of the national convention to seek the

opinion of delegates whether they were prepared to go on with the convention or not. According to him, the absence of Sheriff at the convention did not visibly affect the process as his powers were not usurped. He declared that under Article 35 (b) of the PDP constitution, in the absence of the chairman, the deputy chairman was empowered to preside over the national convention. He further argued that in line with Article 33 (2) of the PDP constitution, the national convention of the party is supreme and can exercise the powers to dissolve the national working committee and the national executive committee of the party. But Justice Abang, who has concurrent powers with Justice Liman, rather than respect the judgment, sat as superior court and sacrilegiously used interlocutory order to debase the verdict by holding that the purported convention held in Port Harcourt on May 20 was in violation of two court orders of the Lagos Division of the Federal High Court, which barred the PDP and INEC from holding the convention. He barred the Makarfi-led caretaker committee from exercising any authority or taking any decision on behalf of the PDP on account of being an illegal body. Abang took a swipe at the Makarfi-led group for going to Port Harcourt to obtain a favourable judgment from a division of the Federal High Court, which is a court of co-ordinate jurisdiction to that of Lagos. With what was generally termed judicial impunity, he reprimanded his colleague in the Port Harcourt division for recognising the Makarfi-led caretaker committee, saying it was unlawful, illegal and has no foundation in law to stand. This is why it is believed that until the Court of Appeal resolves the crisis once and for all, it will continue to tear the party apart. The first sign to quickly resolve the matter was seen when the appellate court in Abuja last reserved ruling on a motion seeking to commence action against affirmation of Sheriff as Acting National Chairman of PDP. Makarfi and Ben Obi are seeking leave to appeal the June 29 decision of the Federal High Court that affirmed Sheriff as chairman. Justice Hanatu Sanke deferred the ruling after counsel to parties adopted their written addresses. The two applicants, who are chairman and secretary of the caretaker committee of the party respectively, had sought for leave to be allowed to appeal against the decision of the lower court. They are also seeking an extension of time to file the appeal against the decision of Abang.

TUESDAY, NOVEMBER 1, 2016 • T H I S D AY

FEATURES

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

A New Vista for Two Bright Pupils Adibe Emenyonu writes on the scholarship awards to two brilliant pupils from poor backgrounds by the Edo State Deputy Speaker, Hon. Elizabeth Ativie

or Ebiuwa Asemota, a pupil of Uwa Primary School, Ikhueniro in Uhunmwonde Local Government Area of Edo State, the future would have been bleak after completing her primary

education. Hailing from a poor background she never thought of advancing to secondary education. What preoccupied the parents, was to go and enroll her as an apprentice in one of the fashion shop owners within their locality. Aiyevbosa Aibuedefe, had the ambition to learn motor repairs after completing his primary education last July because his parents could not afford to send him to further his education. They are rural farmers who toil to provide food for the children than giving them secondary education. These two brilliant children were pupils of the same school, an agrarian community noted for the cultivation of cash crops like orange, pineapple, mango etc, as well as food crops. However, both had their fortunes changed when the Deputy Speaker, Edo State House of Assembly, Hon. Elizabeth Ativie, came to the rescue in her ‘Talent Hunt Scholarship Scheme’, a scheme she set up for children of the less-privileged who are brilliant, but have no means to achieve their goals through formal education. For the duo, October 4, 2016 will remain one of their happiest day when they were sent forth to Federal Unity College by the Deputy Speaker. The two emerged winners in the election processes conducted for about 60 pupils from the area; and had passed the National Common Entrance Examination. While Aiyevbosa gained admission into Federal Government College, Ibillo, Edo State, Ebiuwa was posted to Federal Government Girls' College, Omu Aran, Kwara State from junior secondary school to senior secondary school levels. Speaking at the formal sent forth for the young lads, Mrs. Elizabeth Ativie tasked teachers across the state to continue to ensure quality teaching to pupils particularly those in rural areas. She said the beneficiaries were products of the Elizabeth Ativie Talent Hunt Scholarship Scheme. Not only that, she also urged all stakeholders to play positive roles in order to ensure that education standards are restored to complement the efforts of the state government to revamp the education sector and make it vibrant. Her words: “All stakeholders should play their roles in ensuring that our educational standards bounce back to complement the great effort of the present administration

I am saddened by the fact that out of the 60 pupils that enrolled for the examination, only two scaled through. This is an attestation that a lot needs to be done in our education system in the rural areas

Wife of Edo State governor-elect, Mrs. Betsy Obaseki (2nd right), presenting scholarship documents to Aiyevbosa Aibuedefe. Hon. Elizabeth Ativie (1st right) and others watch

Deputy Speaker Edo State House of Assembly, Hon. Elizabeth Ativie with wife of Edo governor-elect, Mrs. Betsy Obaseki, at the event

Speaker, Edo State House of Assembly, Hon. Justin Okonobo (1st right) presenting scholarship documents to Ebiuwa Asemota. Others watch

in ravamping our educational system." Ativie who added that the scheme is to avail indigent pupils from her constituency the opportunity to have quality education and equal opportunities with children in the urban areas, said the driving force behind her passion for the scholarship scheme, which started six months ago with the selection examinations is to ensure that children in the rural areas, particularly, her constituency, have a good academic foundation to be able to compete globally. She noted that 450 pupils from 90 primary schools participated in the qualifying test while two pupils in the Elizabeth Ativie Talent Hunt Scholarship Scheme emerged successful and were offered admission into the federal government colleges in Edo and Kwara states. The former Speaker and now deputy Speaker, commended the successful pupils in

the federal government colleges examination for doing their best to secure spaces in the scholarship programme. She however expressed sadness that out of 60 pupils that sat for the examination, only two passed, a development she noted was not good enough; it gave rise to her call for the encouragement of teachers in the rural areas so that they can impact quality education to pupils especially those in rural communities. "I am saddened by the fact that out of the 60 pupils that enrolled for the examination, only two scaled through. This is an attestation that a lot needs to be done in our education system in the rural areas." Nonetheless, she encouraged the successful students to put their best to justify the huge investment in them, adding that, her desire is to continue the scholarship scheme as long as God gives her the strength, the

Mrs. Obaseki (left) and Hon. Okonobo, at the event

resources and the people of Uhunmwonde are happy and continue to enjoy the dividends of democracy. In her remark, wife of the Edo State governor-elect, Betsy Obaseki lauded the initiative of the lawmaker and called for its sustenance saying the sponsor has genuinely showed sincerity of purpose in her commitment to improving the lives of indigent pupils in her constituency through provision of standard and quality education for all. And to the proud parents of the pupils, their joy knew no bounds as they were full of praises for Hon. Ativie and asked God to continue to bless her and her family. One of the parents puts it this way: "I don't know how to express my joy today seeing my son advancing to a federal government college. May God continue to bless the donor and her family for doing me and my family proud."

• T H I S D AY TUESDAY, NOVEMBER 1, 2016

PERSPECTIVE

How Has Buratai Enforced Discipline? Emmanuel Onwubiko

here is little doubt that President Muhammadu Buhari has had a formidable military background during his years in service as attested to by no less a person than Lieutenant General Theophilus Danjuma. In a foreword General Theophilus Danjuma penned for the official biography of Muhammadu Buhari authored by an American biographer, Mr. John N. Paden entitled ‘Muhammadu Buhari: The challenges of leadership in Nigeria’, these acclaimed sterling qualities were highlighted. Danjuma opined that: “The military was not his first career choice, but it was the military that helped to mold his outstanding character and his competitive spirit. In the course of his brilliant military career, Muhammadu earned a reputation as an officer of great personal discipline, competence and valour, driven by a deep sense of patriotism and an abiding concern for the welfare of his troops." Danjuma further narrated that:"It is now evident that these qualities have helped him enormously, sharpening his capacity to adapt to needs of his country and to make a seamless transition from an autocratic leader to a democratic one…” General Theophilus Danjuma in general terms characterised the then Major General Muhammadu Buhari as a no nonsense top General. Hate him or like him, this is the sum total of how most Nigerians evaluate Muhammadu Buhari’s military career. On May 29, 2015, when President Buhari became a democratically inaugurated President, he began searching for a no-nonsense top military General who would enforce a regime of professionalism and efficient discipline amongst the ranks and file and the officers’ cadre of the Nigeria Army. When he finally settled down for Lieutenant General Tukur Buratai as his choice for the tough and rigorous job as the Nigerian Chief of Army Staff, the general expectation was that service, discipline and professionalism would become the twin virtues that should signpost the administration of the Nigerian Army in the current democratic dispensation. Has Lieutenant General Buratai successfully enforced service discipline since he was appointed into office? This question would be answered after we flip through a beautifully written and profoundly intellectual book by a military lawyer whom I know very well before he passed onto the great world beyond- Brigadier General T.E.C. Chiefe (Rtd) PhD titled ‘Military

Lieutenant General Buratai should investigate the extrajudicial execution by soldiers of a professional footballer in the Nigerian professional league by name Mr. Joseph Izu who was killed whilst he was in his Bayelsa State country home to mark his off seasonal break. Writers and observers will in the coming days be busy evaluating how well Lieutenant General Tukur Buratai has enforced service discipline in the Nigerian Army

Chief of Army Staff, Lieutenant General Tukur Buratai

law in Nigeria : Under democratic Rule’. General Chiefe who was Director of Legal Services in the Nigeria Army headquarters captured it in the following words: “The military in a democracy is unique in that the most physically destructive power of the state is concentrated in the hands of a relatively small number of unelected government officials. "This unique status inevitably leads to a large number and variety of laws designed not only to control the armed forces, but also to assist in ensuring that the values of broader society are maintained within the social fabric of the military.” The Military General and author of the aforementioned book also pointed out the imperative of a nation to build a military institution that would be subservient to the constitution and embrace democratic tenets. His words: “As postulated by Huntington, the military profession like other professions has the major characteristics of expertise, responsibility and corporateness.” General Chiefe stated that responsibility has been explained by Janowitz to mean prescribed ethics and standards of discipline which members of that profession must maintain and prescribed sanctions for their breach. Members of the military in his judgment are expected to be highly disciplined and under the doctrine of compact, provisions in the law are made for the appropriate sanctions for any deviations from ethical norms. The doctrine of compact according to General Chiefe, was further explained by Justice Willies in Dawkins Versus Lord Rokeby when he said thus: “But with respect to persons who enter into the military state, who take His Majesty’s pay and who consent to act under his commission, although they do not cease to be citizens in respect of responsibility, yet they do by a compact which is intelligible and which requires only the statement of it to the consideration of any one of commonsense, become subject of military rule and discipline.” As a person, Lieutenant General Buratai since coming to office had had to confront ethical challenges associated with claims and allegations of impropriety but on the major plank of the allegation of financial indiscipline, the Nigerian government under President Buhari has given him a clean bill of health specifically on the issue of ownership of offshore housing assets. Buratai has equally effectively put the available legal templates to enforce regulatory discipline amongst his operatives even as he has practically set up structures to coordinate smooth civil cum military relations and the mainstreaming of the respect of the fundamental human rights provisions in all internal military operations. It is yet to be conclusively affirmed that this human rights desks have successfully resolved many of the emerging human rights violations such as cases of extralegal killings of civilian, but the Chief of Army Staff has never shied away from deployment of the

relevant legal frameworks to sanction indicted military operatives. There are ample examples to justify the above affirmation. For instance, in early October 2016, a Nigerian solider was demoted and jailed for three years for maiming a minor. Scores of soldiers have been dismissed for undermining the counter terror war. Speaking specifically about this indicted soldier who physically assaulted a minor in Maiduguri, Borno State, it was gathered that a military tribunal sitting in Maiduguri, Borno State, sentenced a staff sergeant in the Nigeria Army to three years behind bars for causing permanent disability of a ten-year-old boy. The convict, Umar Sule, who has served 26 years in the army, was also stripped of all ranks and demoted to a private by the tribunal presided over by Olusegun Adeniyi, a Brigadier-General. Mr. Sule, according to the charge sheet presented to the military court martial, inflicted a permanent injury on Muhammed Sale by tying him up for stealing his N2000. The tall and heavily built demoted officer admitted before the court martial that he tied the two hands of the boy to a poll for over seven hours. Due to the torture, Sale’s two wrists suffered gangrene. The condition is a premature death of cell caused by lack of blood flow. Doctors later had Sale’s jaundiced right hand amputated. The other, though paralysed, was partially salvaged by grafting of skin from the victim’s lap to patch it up. The National Human Right Commission took up the matter by petitioning the Nigerian Army on the conduct of the soldier. The Army responded by arraigning Mr. Sule before a court martial, which was set up on August 11 to try miscellaneous offences under the military’s Operation Lafiya Dole. The court found the accused soldier guilty on two charges of “unlawful assault, and disobedience of standing order of the Nigerian armed forces by entertaining a minor at his guard location.” Delivering the ruling, President of the court martial, Brigadier-General Adeniyi, said: “Having found you guilty of the charges against you, and having listened to the prosecution counsel urging this court to treat you as a first offender, and this convict’s touching plea to litigation, we have also looked at various punishments provided by both section 104, sub-section 2B of Armed Forces Act CAP A20 Laws of the Federation 2004, as well as section 119 of Armed Forces Act CAPA20 Laws of the Federation 2004. “This court also considered the need to ensure discipline in the system. This court therefore sentence you as follows; on Count one, three years imprisonment; on count two, reduced to private. This sentence is however subject to confirmation by the confirming authority as provided by Section 141 Sub-section 2 and Section 152, Sub-section 1A of the Armed Forces Act, CAP A20 Laws of the Federal

Republic of Nigeria 2004.” The representative of the NHRC at the trial commended the Nigeria Army for ensuring that the victim got justice via a transparent trial. She said the NHRC office would help the victim “who now has to live with permanent disability for the rest of his life” to pursue compensation through the civil court. “We commend the Nigeria Army for a job well done, because we brought the complaint to them in March, 2016, and by October, they are done with the case. “In respect of getting compensation for the victim, we will communicate with our head office which has the powers to take that decision; but we are going to send our recommendation to ensure that this is achieved.” She also commended the General Officer Commanding of 7 Division, Nigeria Army for offering to sponsor the boy’s education. The father of the boy, Usman Muhammed, narrated to journalists at the venue of the tribunal the events that led to his son’s brutalisation. “My son, who used to go to the soldiers’ base for errands, was invited on that fateful day by Sergeant Sule who said his N2000 was stolen. My son confessed to him that he was the one that took it, and that he should forgive him. “Sergeant Sule asked my son to wait for him to return from the Friday mosque. When he returned from the mosque, he tied up his two hands to an electric pole, and left him there for over seven hours. He tied his hands with a rubber band and continued to flog him for that long period. “When he finally left him after hours of plea, the two hands had been damaged. When we took him to the hospital, we were told that the right hand had gone bad and had to be amputated. The left hand too was almost beyond repair, they had to peel off skin from his leg to patch it up. As it is now, the boy has lost two hands due to the action of a soldier,” said Muhammed. He said he was pleased with the judgment of the court martial, even as he worried that his son still needed support now that he would have to live the rest of his life with no hands. The victim’s mother, Amina Usman, said her son now depended on her to feed, bathe and even clean up after using the toilet. The tribunal adjourned to further dispense justice in similar matters of service indiscipline. There are a plethora of cases of gross indiscipline that have been satisfactorily handled since Buratai came on board which has earned him the nickname and sobriquet of the 'ultimate enforcer of service discipline’. But he already has his job of bringing sanity and restoring professionalism fill up to the brim even as most Nigerians still point to cases of gross human rights violations by soldiers that are streaming on many online and new media platforms. This acclaimed no-nonsense soldier's soldier must continue to enforce discipline without fear or favour in line with the due process of the law and in compliance with best global practices. As I put pen to paper, the spokesman of the Nigerian Army Colonel Sani Kukesheka Usman issued a statement disclosing the arrest of 30 soldiers, policemen, others over sabotage. Hear him: “Please be informed that the ongoing investigation on suspected Boko Haram terrorists’ collaborators and saboteurs in the fight against terrorism and insurgency has led to the arrest of nine more persons over the last 24 hours, thus bringing the number to 30. “This comprises two officers, two soldiers, two policemen and 24 civilians. Many more suspects would be arrested and prosecuted based on evidences against them and level of culpability,” the Army said. Lieutenant General Buratai should investigate the extrajudicial execution by soldiers of a professional footballer in the Nigerian professional league by name Mr. Joseph Izu who was killed whilst he was in his Bayelsa State country home to mark his off seasonal break. Writers and observers will in the coming days be busy evaluating how well Lieutenant General Tukur Buratai has enforced service discipline in the Nigerian Army. .Onwubiko is Head of Human Rights Writers Association of Nigeria and blogs @ www. emmanuelonwubiko.com

IMAGES

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

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

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L-R: Partner/Head, Advisory Services, KPMG Professional Services, Mrs. Bisi Lamikanra; Senior Manager, Management Consulting, Mrs. Bode Abifarin; Head, Department of Professional Practices, Agnes Lutukai; and Director, Audit Services, Mr. Robert Araeb, at a press conference and presentation of KPMG Africa Banking Industry Retail Customer Satisfaction Survey Report in Lagos...recently ETOP UKUTT

L-R: Vice-President, Lagos Chamber of Commerce and Industry (LCCI), Margaret Adetutu Adeleke; Group Chief Executive Officer, Poise Nigeria, Mavi Isibor; President, LCCI, Chief (Mrs.) Nike Akande; VicePresident/Chairperson, Women’s Group, LCCI, Mrs. Adenike Agnes Shobajo; and a former deputy governor of Lagos State, Princess Sarah Sosan, at the second business luncheon of LCCI women group in Lagos... recently ETOP UKUTT

L-R: Pioneer President, Polymer Institute of Nigeria (PIN), Chief Kunle Ogunade; Secretary to PIN board, Prof. Bethrand Nwufo; Chairman, Board of Directors, PIN, Chief Alexis Ayuebon; and National President, PIN, Dr Paul Mamza, during the PIN 27th annual technical conference/AGM in Abuja...recently ENOCK REUBEN

L-R: Managing Director, Pharma Deko Plc, Adekunle Abibu; CEO, BIOS Properties, Afolabi-Babarinsa Olusegun; Group Managing Director, Alpha Mead Facilities, Femi Akintunde; and a professor of Industrial Engineering, Oliver Charles Owaba, during an award presentation to Mr. Femi Akintunde for Professional Excellence by the Nigerian Institute of Industrial Engineers (NIIE) in Lagos...recently

L-R: Brand Manager, Heineken, NB Plc, Obabiyi Fagade; Marketing Director, NB Plc, Franco Maria Maggi; American R’n’B singer, T-Pain; Senior Brand Manager, Heineken, NB Plc, Ngozi Nkwoji; and the Finance Director, NB, Plc, Mark Rutten, at the Heineken Live Your Music party in Lagos...recently

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Quick Takes SNEPCo MD Bags HSSE Award

Managing Director of Shell Nigeria Exploration and Production Company (SNEPCo), Mr. Bayo Ojulari has bagged the special achievement award of PSRG – Richardson Health, Safety, Security, and Environment (HSSE). This award was one of the highpoints of the annual event held in Lagos recently where experts meet to share ideas and monitor HSSE trends and practices in the oil and gas industry. Ojulari was recognised for his distinguished service and leadership with specific emphasis on his contribution to the development of HSSE management and local content development in Nigeria. The award also recognised Bayo’s contribution to the development of indigenous talents and the advancement of Petroleum Engineering and cross functional businesses in SNEPCo. In the words of Chief Executive Officer of Richardson Oil and Gas Ltd, organisers of the event, Akin Osuntoki, “Ojulari has contributed immensely to the development and implementation of sound polices in health, safety, security and preservation of the environment and we are pleased to give him this award.”

PH Disco Supports NYSC

GROWING FUTURE ENTREPRENEURS

L-R: Minister of Information and Culture, Alhaji Lai Mohammed; Business Tycoon, Mrs. Folorunso Alakija and former President Olusegun Obasanjo at the 2016 Tony Elumelu Foundation Entrepreneurship Forum held in Lagos ...recently

Aig-Imoukhuede, Dogara Others Decry Distortions in Downstream Petroleum Sector Ejiofor Alike and Aliogo Ugochukwu The President of Nigerian Stock Exchange (NSE), Aigboje Aig-Imoukhuede and other stakeholders in the downstream sub-sector of Nigeria’s oil and gas industry have decried the increasing complexity of the market distortions in the sector. In their separate remarks at the recently concluded 2016 Oil Trading and Logistics (OTL) Conference held in Lagos, the stakeholders blamed the reluctance of the Nigerian banks to fund long term investment in the sub-sector on the market distortions caused by the numerous challenges in the operating environment. Aig-Imoukhuede described the downstream as a simple industry from legal basis and understanding but added that

ENERGY regulation and subsidy have distorted the market. “Now, you throw all of that into a very simple value chain. Then, it becomes very complex. This is why the risk is real and may not be attractive to bankers. In countries that don’t have subsidies, their downstream sector tends to work relatively well. Therefore, we need to understand that for players in this sector, for a subsidy to operate there are certain conditions that must be present. For Nigeria, to run a subsidy in the downstream we must have refineries that will work for them because no foreigner is going to pay the cost of your subsidy. We have to find out if subsidy is sustainable when you are importing refined petroleum. In Ghana I don’t think subsidy

is an issue. They have dealt with that,” Aig-Imoukhuede explained. In his contribution to the debate, the Group Executive Director/ Chief Operating Officer in charge of Downstream at the Nigerian National Petroleum Corporation (NNPC), Mr. Henry Obih stressed that the downstream sector requires long term investment. “Therefore, if any bank is looking at financing any investment in the downstream sector, it should focus on a long term investment. I am sure that the Nigeria Banks don’t have the appetite for long term investment. This is one of the challenges facing the sector,” Obih said. “What we have had in Nigeria is a distorted market, where everybody comes into the sector and believes he can make money. People have

made money, but the truth here is that as the market evolves over time, and as we deregulate, we will see a lot of consolidation. What you will see is that a lot of big to size medium entrepreneurs will emerge, they will buy out entities and that is when the game starts because you need skills to make money in the downstream sector,” Obih explained. According to Obih, deregulation has pampered players in the sector, adding that this has created distortions in the market. “The market is evolving today, but the biggest constraints we have is the liquidity issues, not just the FX even on basic things such as the Pro-forma Invoices (PFIs) Continued on page 22

Kachikwu: FG May Sell Three Refineries After Rehabilitation Chineme Okafor in Abuja The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu has said that the federal government may sell the three refineries in Kaduna, Warri and Port Harcourt after they have been fixed and certified operationally efficient. Kachikwu disclosed this at a post-event press briefing he held with reporters at the State House in Abuja shortly after President Muhammadu Buhari unveiled his administration’s policy document for the petroleum sector – the seven

ENERGY big wins. He said Buhari and other members of his government were of the opinion that selling the refineries at their current operational states would not be valuable to Nigeria on the basis that potential bidder could offer very low prices to acquire them. He explained that the government has thus opted to fix them first and then consider selling them at optimum values. The minister also said apart

from this, there were other issues that could determine the final decision of the government on the refineries, he said labour issues are some of the issues that must be addressed if such proposal would sail through. “The feeling of the Federal Executive Council (FEC) and the President is that we should first get the refineries to be efficient before we talk about privatisation, otherwise we will be selling scraps,” said Kachikwu. He further explained: “In their present state nobody is

going to offer you serious money. A huge amount of investment is going into this.” “Secondly, there are union issues; we do not just take decisions, not recognising that people work there. If you privatise in a hurry and be sucked into union issues that close the place and it does not function for years,” the minister added. According to him, the government has thought out other possible means of getting the refineries back to full productivity level, adding Continued on page 22

The Port Harcourt Electricity Distribution Company, PHED, in collaboration with the National Youth Service Corps, NYSC, has deepened rural health drive in its host communities. This was done at the National Youth Service Corps Health Initiative for Rural Dwellers with the donation of cartons of drugs to the body in Elekahia, Port Harcourt, recently. Speaking during the event, the Chief Executive Officer, Port Harcourt Electricity Distribution Company, PHED, Mr. Jay McCoskey, said that “Part of our mission as an electricity distribution company is to ignite socio-economic growth and empower the future of our stakeholders, including rural dwellers. “It is on this strength that we appreciate the efforts of the NYSC in general and the flag off of Health Initiative for Rural Dwellers (HIRD) in Rivers State.” The CEO, who was represented by the Chief People Officer, Mobolaji Ajani, applauded the initiative of the NYSC to provi de access to sustainable health care, through diversity and innovation amongst rural community dwellers of the Health Initiative for Rural Dwellers, (HIRD). He urged the community to take good advantage of this intervention and encouraged other well-meaning Nigerians and corporate bodies to offer support to this course.

Electric Cars Boost Copper Demand

Sweeping changes towards producing more renewable energy and electric vehicles coupled with a growing world population will boost the demand for copper in the coming years, a conference heard at the weekend. “Decarbonisation generally favours copper,” said Ashley Brinson, executive director of the Warren Center thinktank in Sydney. In Asia alone, technological factor together with surging demographic growth is predicted to lead to an additional 30.8 million tonnes of copper demand by 2030, he told a seminar in London sponsored by industry group the International Copper Association (ICA). The global copper industry is set to produce 22.5 million tonnes of copper in 2016, up 3.6 percent on last year’s output, according the ICA. “The Asian middle class will continue to see significant growth ... India’s economy will surpass that of Japan by the end of the period (2030),” Brinson said. The energy and transport sectors will also be major drivers of copper demand.

“I think sometimes the corruption index in NNPC are overblown, because sometimes people do not understand the technicalities of what is going on and the short answer is corruption” Minister of State for Petroleum, Dr. Ibe Kachikwu

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

BUSINESSWORLD AIG-IMOUKHUEDE, DOGARA OTHERS DECRY DISTORTIONS IN DOWNSTREAM PETROLEUM SECTOR

a lot of companies cannot afford to pay for them in naira. We sell PFIs to people and they cannot afford it,” Obih added. Obih argued that the days of government funding shortages or losses market are over and urged the players to be ready. “Once we tackle the issues of Niger-Delta, improve the volume of FX in the system and address the finance issues which is facing the nation (a lot of them on subsidy), I think the market will develop and start to correct itself,” Obih said. In his speech, the Speaker of the House of Representatives, Hon. Yakubu Dogara, represented by the Chairman of the House Committee on Petroleum (Downstream), Hon. Joseph Akinlaja stated that each of the players in the sub-sector has challenges that need to be overcome in order to optimise the value chain. “For example, low capacity utilisation of the refineries, fuel shortages and its sharp practices, pipeline vandalism, cost of funds and exchange rate issues, decaying infrastructures, among others,” Dogara said. KACHIKWU: FG MAY SELL THREE REFINERIES AFTER REHABILITATION

that the government would be shopping for investors who are willing to invest money and competence in the refineries. “We have got to take the realities on ground. The decision therefore was to find investors who are willing, almost on a loan structure basis to put money, put the technical skills, work with our people who are there and we have very many skilled people, but let us face it, the fact that they are working today is because they are local people, they are local engineers who are able to resuscitate them. There is a capacity efficiency that we are not just tapping into now,” Kachikwu stated.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)

NEWS

FG to Deduct MDAs’ Electricity Bills from Source Chineme Okafor in Abuja Following the huge arrears of electricity consumed by its Ministries, Departments and Agencies (MDAs), the federal government has said it will now begin to deduct and pay the electricity bills of its MDAs from source. The decision of the government to enforce the bills settlement process was contained in communique issued at the end of the fourth quarter market participants workshop convened by the Market Operator (MO) department of the Transmission Company of Nigeria (TCN) in Abuja. The arrangement will help the Discos to get payments for electricity they supply to government’s MDAs directly from the government’s central accounting system once they are verified. According to the electricity distribution companies (Discos), debts owed them by government MDAs which include the military barracks and other security formations as at June 2016 was N58 billion. In this regard, the Minister of Power, Works and Housing, Mr. Babatunde Fashola said recently that the government would verify these debt figures and work out ways to pay them off. The meeting had amongst several operational challenges of the country’s electricity market, highlighted the prevalent disregard for the market rules of the Transitional Electricity Market (TEM) by operators as the greatest challenge of the market. It indicated that on the back

this, extant contracts signed by participants have been left unenforced, thus keeping the market from appropriately taking off. According to the communique which THISDAY obtained, operators have also requested the Nigerian Electricity Regulatory Commission (NERC) to ensure that it accommodates credible and flexible tariff assumptions concerning factors such as inflation and foreign exchange fluctuations in its imminent tariff review. The Regulator, the communique said should in this regard

grow capacity to acquire its own data independently to facilitate information-based decision making for the management of the industry. Similarly, the operators requested that a review of the sector’s risks allocation be done to allow for a fair share of the risks. They had initially indicated that risks in the market were unfairly apportioned, adding that such cases where the government fail to guarantee gas supplies to power generation companies are usually not captured fairly in tariff reviews.

The Abuja Electricity Distribution Company (AEDC) has said it targets 50 per cent increase in revenue from December when it would have completed its metering of about 3880 Maximum Demand (MD) or Large Power User (LPU) customers under its network. The Disco disclosed this when the Acting Director General of the Bureau of Public Enterprises (BPE), Dr. Vincent Akpotaire launched its LPU metering project at the Abuja Archives and History Bureau. Speaking to reporters shortly after the installed LPU meter at the Archive Bureau was launched by Akpotaire, the Managing Director of AEDC, Ernest Mupwaya said the project which will take the Disco $1.8 million to implement, will see to its accurate billing and revenue collection from the LPU customers. Mupwaya explained that the 3880 LPU customers contribute up to 50 per cent of the Disco’s monthly revenue. “This is a critical segment of improving performance for us because this 3880 number of high power users or MD customers are contributing roughly 50 per cent of our revenue. “It means that by December 50 per cent of the problem would have been

They called on the Market Operator (MO), Nigerian Bulk Electricity Trading Plc (NBET), NERC and Bureau of Public Enterprises (BPE) to collaborate and ensure implementation of necessary supportive commercial arrangements to boost the financial liquidity of the market. The participants also tasked the NERC in the communique to come up with a mechanism for improving market remittance which the MO said has dropped to 30 per cent from 58 per cent that it was in the early parts 2016.

FOR YOUR PERUSAL

Lagos State Accountant General, Mrs. Abimbola Umar (left) presenting Lagos State Audited Financial Statements to the Solicitor General/Permanent Secretary, Rivers State Ministry of Justice, Mrs. Florence Fiberesima, during her fact-finding visit to the Lagos State Treasury office, on the workability of Lagos State public finance management law (PFML), in Lagos... recently KOLA OLASUPO

Abuja DiscoTargets 50% Increase in Revenue Chineme Okafor in Abuja

“Based on the current state of the electricity market, the Regulator is to ensure credible tariff assumptions and respected methodology that ensure appropriate risk allocation to market participants and the government,” said the communique. On irrational market behaviours by market participants especially in contractual obligations, the participants agreed in the communique that: “NERC needs to implement a mechanism for rewarding performance and punishing indiscipline.”

resolved and the benefits that will be derived from this will then be ploughed back to the rest of the customers which we are supposed to meter and are a large number that will take time,” said Mupwaya. He explained that MD meters will installed at places like military and police barracks, and government buildings where energy theft are usually high for Discos in the country and revenue collections very difficult. He also noted that they will come with in-built intelligence components to notify the Disco of potential attempts of by-pass or breeches by consumers. “What you are seeing is just a component of a metering system. There is an intelligence gathering mechanism which allows that from our office we are able to read every customer that have this meter. We are able to see whatever is happening. We are cutting out the human interface that comes with the traditional meters which do not get accurate readings. We are however assured of high level accuracy,” he said. Mupwaya also spoke on the market’s financial shortages, saying: “The sector has to transform, in other words, we have to reduce losses and become more efficient, that is how we can collect more money and to do this

takes longer time unlike the telecom sector where there is virtually no room for credit theft but there is room for that in the power sector.” He added that: “Overtime when the losses come down, we will have more liquidity in the sector. The bills for the energy we get every month are increasing monthly because for example, the gas supply to power stations is indexed in dollars and movements in the exchange rates means there is a pass-through cost.” Meanwhile, the Disco has also fired 27 of its employees for various offences relating to both corruption and indiscipline. An internal memo which THISDAY saw indicated that the disengaged employees were from different cadres of the company. It was signed by AEDC’s Director, Corporate Services, Abimbola Odubiyi, and showed that 17 of the affected staff had their appointment terminated while nine others were dismissed for various forms of corrupt practices such as fraud, theft and double employment. Dated 16th September, 2016, the memo further revealed that some of the affected persons were disengaged on account of disciplinary matters such as persistent absence from duty without permission.

Petroleum Explorationists Blame Recession on Challenges in Upstream Sector Ejiofor Alike The Nigerian Association of Petroleum Explorationists (NAPE) has blamed Nigeria’s economic recession on the numerous challenges in the upstream sub-sector of the country’s oil and gas industry and called for a reset to what the association described as a “new normal”. Speaking to journalists at the weekend in Lagos, the President of NAPE, Mr. Nosa Omorodion stated that the challenges that created the economic recession were caused by a number of circumstantial occurrences. Omorodion identified low global oil price; lower than expected country daily production due to vandalisation of the export facilities, shortfalls in joint venture funding and the anxieties in the upstream business caused by delays in passing the Petroleum Industry Bill (PIB) as the factors responsible for the recession. According to him, all these factors have directly or indirectly resulted in lower revenues forcing two consecutive negative Gross Domestic Product (GDP) growths and inevitably taken Nigeria into economic recession. “Before Nigeria officially acknowledged being in a recession, low oil prices had resulted in the slowdowns in projects

as well as practical stoppage of exploration activities in by most companies. This was further compounded by curtailment of oil and gas production due to vandalisation of export facilities. The resultant sharp cut -back in projects was aggravated by serious shortfall in joint venture funding with companies instead focusing on very limited short term production-related activities,” Omorodion explained. The NAPE president also spoke on the association’s 34th Annual International Conference & Exhibition coming up in Lagos from November 13 to 17 with the theme “Nigeria oil & Gas Industry: Tackling Our Realities”. He argued that the renewed quest and diversification of hydrocarbon resources in sedimentary basins like the Chad Basin and Benue Trough and recent commencement of oil production from Dahomey and Anambra basins are developments that are set to alter the Nigerian oil and gas landscape. Omorodion stressed that Nigeria currently maintains an economically unstable negative net energy trade balance in which the nation exports virtually all the crude oil produced and imports a substantial part of its refined petroleum products needs.

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

BUSINESSWORLD

ENERGY

Nigerians Still Starved of Electricity Despite Privatisation

Three years after privatisation, the power sector is still bedeviled by sundry problems that have hindered Nigerian households and businesses from enjoying stable electricity, writes Chineme Okafor On November 1, 2013, Nigeria formally handed over the running of her public electricity generation and distribution to private investors in a reform exercise that ended with the privatisation of companies cut out from old Power Holding Company of Nigeria (PHCN). While the signing of transaction and industry agreements, which advanced the privatisation exercise was regarded as a huge remarkable development in the country’s power sector, it however opened a new phase that was planned to lay the right framework for substantial investments inflow into electricity supply in Nigeria. As it was contained in the government’s policy document for the sector, the private financiers and operators in reformed power sector were requested to with their financial and human capacities, increase the country electricity generation capacity, as well as expand the distribution networks which cut across 11 distribution zones. Indeed, the success of the power privatisation was dependent on very many but defined conditions, which both the government and private players were expected to fulfil. On the part of the private investors, they were expected to meet and fulfil certain demands from the sector’s regulator - the Nigerian Electric Regulatory Commission (NERC). These demands include their acceptance of the major commercial and legal issues that exists in the industry agreements they signed; presentation and fulfilment of the business plans they developed to pursue steady growth of the sector; and compliance with extant regulatory structures like the market rules, customer regulations, Key Performance Indicators (KPI) regulations. They were also requested to engage with the NERC to develop baseline data for loss calculations and planning of their investments, review electricity tariff, optimally utilise available and untapped generation resources for power production, increase generation capacity and steady power supply, develop renewable energy sources and comply with the provisions of embedded power generation regulation. Additionally, the operators were also asked to make palpable and constant efforts to provide adequate and safe electricity to their consumers, massively issue meters to their consumers to cut collection loses and irregular billing methods, as well as ensure efficiency in electricity supply to customers to reduce technical loses which was reportedly very high when they took over. What has changed? Three years after the sector was privatised, its entire value chain has reported various forms of operational difficulties. From very poor gas supplies to gas thermal generation plants and thus shortage in generation capacities, to inadequate or weak transmission system leading to either stranded capacities or complete loss of capacities on transmission, and then poor revenue collection and remittance levels, which put the sector in great financial mess. In fact the entire sector narrative is one of a bloated promise. On the generation segment, power generated so far has never crossed the generation marks often quoted in the tariff framework. While target generation figures on which the tariff is built around have often been around 6000 and 7000 megawatts (MW), actual generation has so far never crossed the 5,074MW which was momentarily achieved in February 2016. Instances of poor gas supply, low water levels, revenue shortages and other unwholesome business conditions have ensured that outputs from the generation companies are affected and their productivity hampered. Usually, there are also reports of stranded generation capacities owing to either poor gas supplies or transmission constraints. The protracted practice of poor revenue remittance by the distribution companies has equally ensured that the generation companies do not gain back their sent energies and unable to pay for ancillary services for their operation or undertake speedy expansion plan. A scenario of the operational difficulties the

High Voltage Transformer generation companies go through was recently painted by the Managing Director of the Niger Delta Power Holding Company (NDPHC) Ltd, Chiedu Ugbo in Abuja. Ugbo whose NDPHC currently owns the largest power generation assets in the country said it alone was owed up to N105.235 billion by the market as unpaid cost of energy supplied. “The Market Operator settlement process shows we are owed N105.235 billion as at today. Just to take us back to history, in 2011, we invoiced N8.2 billion; in 2012, we invoiced N21.9 billion; 2013 - N46.9 billion; 2014 - N51.3 billion; 2015 - N62.4 billion and 2016 - N44.6 billion, and that is the total of N235.4 billion. “Of these invoices, in 2011 we got 39 per cent, 2012 we got 26 per cent, 2013 we got 62 per cent, 2014 we got 72 per cent of the invoice, 2015 we got 62 and 38 per cents in 2016. It keeps going down in 2016, and for the June invoice, we got about 18.5 per cent and 19 per cent in July. “When you compare this to our operational expenses, you will see that we are already in trouble. From the collections, our gas bill in January and February N3.8 billion, March was N3.4 billion. There is no month we have a gas bill less than N2.4 billion. The total we owe for gas now is about N42.207 billion,” he said. For the transmission company, its inability to attract investments to expand its capacity even after its contract management under Canadian power form, Manitoba Hydro International (MHI), means that its operational challenges are quite unique. As contained in the schedule of MHI’s management contract of it, the transmission company was expected to after three years show very palpable signs of service efficiency, it is however lagging behind in this, and has after three years of MHI’s management seemed to have started from ground zero in terms of corporate governance and efficiency. Like every other segments of the market, the transmission company has also linked its inability to come good on the level of disregard for market rules by operators, and its subsequent impacts on its operations, especially on availability of funds to undertake some of it network maintenance and upgrade tasks. The acting Managing Director of the Transmission Company of Nigeria (TCN), Dr. Atiku Abubakar, who was represented by the acting Managing Director Transmission Service Provider (TSP), Tom Uwah at a recent power sector meeting, made reference to this when he said the plans and activities of the TSP were been impacted by the poor financial remittance

and compliance levels of the Discos. He explained that plans to grow the transmission capacity of the country from its current 5500 megawatts (MW) to 6000MW by December 2016, and then 20,000MW by 2022 would be determined by the market’s respect for existing rules in the TEM. “The most critical impact of the non-compliance is that of financial liquidity as it affects service providers who are not covered by any payment guarantee in the market. In particular, payments to TSP have been so low that it cannot carry out its network maintenance, reinforcement and expansion of the grid. You are all aware of the transmission bottlenecks currently affecting power evacuation that are requiring urgent attention. This becomes critical and a sort of mismatch in view of the steady growth of generation capacity in the industry,” said Abubakar. For the distribution segment, their reported disregard for the market rules and poor revenue remittance levels have contributed greatly to the market’s current financial shortage which is put at N809 billion. As the interface between the market and consumers, the 11 Discos in the industry have been accused of illicit financial behaviours, which impacts negatively on the books of the market. It is reported that their inability to provide electricity meters to their consumers to enable honest and stress-free revenue collection has remained the single biggest challenge of the market. The Discos in defence of their reported revenue collection efficiency have often pushed the blame back to the Regulator and government who have allegedly refused to allow for cost reflective tariff system in the market. They cited instances of poor regulatory decisions like the tariff freeze in 2015 for certain cadres of consumers, abrogation of collection losses, and huge debts owed by the government for energies consumed by its agencies, as parts of the reasons for their failure. Through their network, the Association of Electricity Distributors of Nigeria (ANED), the Discos said their monthly revenue shortfalls have continued to grow on the accounts of these and that while it now averages about N38 billion per month, the government’s debt to it as at June 2016 was well over N58 billion. Other very unhealthy issues Beyond these, the electricity market has also experienced other unhealthy operational issues, chief of which is operators disregard for market rules as provided for in the Transitional Electricity Market regime.

By refusing to play by the rules of TEM, the Acting Executive Director of the Market Operations Department of TCN, Moshood Saleeman said the industry will continue to struggle because agreed contracts will not be activated by operators. Saleeman who disclosed at a recent operators’ workshop in Abuja that the monthly revenue remittances of the 11 Discos to the market has dropped further to 30 per cent from about 58 per cent that it was in the early parts of the year, linked this development to such disregard for market rules. He explained that such constant disregard for market rules was not exclusive to the Discos alone but the entire segments of the industry, and that it was holding back the market from full take-off. “The Transitional Electricity Market (TEM) has been declared and we stand by it, and it is supposed to be based on contracts. People should comply with their contract terms and that is why we are here. “We have the enforcement that can come into play, but because we are still on a journey and don’t want a situation where some of these companies will go under, we try to be careful so that we don’t enforce it totally but the signal we are giving now is that we will enforce the penalties which is to enforce the security deposits and even escrow the accounts of Discos concerned,” he said. A performance verdict and a response It was based on some of these operational failures of the market that the President of Dangote Group, Alhaji Aliko Dangote recently adjudged the power privatisation a failure three years into its running. Specifically based on the reported inability of the operators to make the needed investments in capacity expansions, Dangote had said the privatisation process was flawed and asked the government to reverse it entirely. But the Bureau of Public Enterprises (BPE), which conducted the process described Dangote’s call as too early and not reflective of the true status of the sector’s operations and challenges. BPE’s acting Director General, Dr. Vincent Akpotaire said in response to Dangote’s call for a reversal of the privatisation exercise that it was unnecessary, and that the agreement signed with the investors upon their acquisition of the power assets allows that they take at least five years to invest in and stabilise their networks. He also explained that based on that, Dangote’s claim of the exercise’s failure was not factual, adding that the next two years afford the operators a huge opportunity to build on the lessons they learnt in the last three years to improve the efficiency of their assets and services.

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

BUSINESSWORLD

ENERGY

Creating a Mega Downstream Company from NIPCO, ExxonMobil Deal

With NIPCO’s recent acquisition of ExxonMobil’s 60 per cent stake in Mobil Oil Nigeria Plc, Ejiofor Alike writes that the mega deal has the potential to create a Nigerian Vitol or Trafigura, despite the challenges in the operating environment For over 50 years, Nigeria has operated in the downstream segment of the oil and gas sector, with several companies importing and marketing petroleum products. In March 1988, the Nigerian National Petroleum Corporation (NNPC) was reorganised and one of the subsidiaries created was the Pipelines and Product Marketing Company (PPMC) to source for petroleum products and distribute across the country. After the international oil companies (IOCs) commenced exploration and production of crude oil in Nigeria, some of them like –Chevron, Total, Agip and ExxonMobil set up downstream subsidiaries to market and distribute refined products. The history of Chevron Oil Nigeria Plc, now MRS Oil Nigeria Plc, dates back to 1913 when the company started marketing of petroleum products under the Texaco brand name, exclusively by CFAO a French multinational retail company. Texaco Africa limited started aviation and bunkering business as well as direct marketing of Texaco products in 1964. Chevron Corporation had maintained a strong presence in the downstream segment until 2009. The history of Mobil Oil Nigeria plc (MON) dates back to 1907 when Socony Vacuum Oil Company began marketing operations in Nigeria, through the sale of sunflower kerosene. Total Nigeria Plc has an extensive distribution network of over 500 service stations nationwide and a wide range of top quality energy products and services. It was incorporated as a private company on June 1, 1956 to market petroleum products and in September 11, 2001, the company had a successful merger with Elf Oil Nigeria Limited, which paved way for sustainable growth and continuous development. Nigerian Agip Oil Company (NAOC), a subsidiary of Italy’s ENI had also maintained a strong presence in the downstream sector under the “Agip Nigeria” brand until 2002. Weak downstream entities Apart from the downstream subsidiaries set up by the deep-pocket multinational companies, the NNPC and over 100 Nigerian private entities also operate in the sector as major and independent marketers, as well as independent importers. However, despite Nigeria’s enviable position in the global energy market, the downstream subsidiary of the NNPC and other private oil marketing companies in the country still depend on third party Swiss oil traders to import products from foreign refineries. The existence of several oil marketing companies and the massive importation and consumption of petroleum products in Nigeria have not translated to the creation of mega company in the likes of Swiss Vitol or Trafigura, which can go direct to the international market to bring in products into the country. PPMC and the private oil marketing companies in Nigeria simply lack the required financial capacity to compete with the Swiss traders in international oil market. So, for these Nigerian companies to import petroleum products, they go through third party Swiss oil traders. NIPCO’s recent feat In a mega deal that has the potential to create a mega company in the downstream segment of Nigeria’s oil and gas industry, indigenous downstream company, NIPCO Plc recently acquired a 60 per cent stake in Mobil Oil Nigeria (MON) Plc from United States oil giant, ExxonMobil. The transaction was seen by market watchers as a continuation of the divestment strategy by international oil companies (IOCs) operating in the country. With the signing of Sales and Purchase Agreement (SPA) with ExxonMobil, NIPCO is set to initiate the process of obtaining regulatory approval from the Securities and Exchange Commission (SEC) and the Nigerian Stock Exchange (NSE). The deal was the biggest in the downstream sector in recent years after MRS’s acquisition

NIPCO gas facility of Chevron Oil in 2009. Another special feature of the transaction was that unlike in the previous divestments of assets by the other IOCs where the highest bidder usually emerged as the preferred bidder, ExxonMobil did not use the highest bidder to determine the preferred bidder in the sale of Mobil Oil to NIPCO Plc. An ExxonMobil source told THISDAY that the company was more interested in the integrity, value system, ethics and control system of the bidders than the value of the bids submitted. “We shortlisted those we wanted to buy the assets and conducted due diligence on their business integrity, value system, ethics and control systems and NIPCO came top. It was not about the highest bidder but a company that can successfully manage Mobil Oil and maintain the integrity and business ethics for which ExxonMobil is known globally,” he explained. A source at NIPCO also corroborated this claim, stressing that “ExxonMobil did not shortlist based on deep pocket but a company with high integrity and safety consciousness that will manage and sustain the integrity of the Mobil brand”. “At a point during the process, we did not know who was the seller or the buyer because ExxonMobil was conducting due diligence on us as if they were the one buying our assets. We were the one who was supposed to do due diligence on the asset we wanted to buy but ExxonMobil was the one doing due diligence on us. They did not want to hand over the asset just to any company,” he added. US energy giant, Chevron Corporation had in early 2009 divested of its majority stake in Chevron Oil Nigeria Plc to another Nigerian indigenous downstream player, MRS Group. Before MRS acquired Chevron Oil, Ocean and Oil Holdings in 2000 acquired the federal’s government 30 per cent stake in Unipetrol, and increased its stake in Unipetrol to 42 per cent in 2001. In 2002, Unipetrol acquired a 60 per cent stake in Agip Nigeria, and rebranded in 2004 as Oando Plc. With the sale of ExxonMobil’s stake in Mobil Oil to NIPCO, the French oil major, Total, is the only IOC in Nigeria that operates in the downstream sector with its controlling shares in Total Nigeria Plc. The IOCs have also embarked on a wave of divestment of upstream assets to Nigerian independents in recent years, citing increasing challenges in the operating environment

and the need to encourage the development of local capacity. One of the beneficiaries of the upstream asset acquisitions by the IOCs is Seplat Petroleum Development Company Plc, which is listed on both the London and Nigerian Stock Exchanges. The acquisition of the assets by Seplat has helped the company to develop capacity and emerge as the biggest Nigerian independent company in the upstream sector. Before Shell sold the first set of assets to Seplat in 2009, Nigerian independents were restricted to only marginal assets as marginal field producers, having lacked the financial and technical capacity to operate larger acreages. But the acquisition of the onshore assets by Seplat and other Nigerian independents changed the face of doing business in the upstream sector as more Nigerian companies have increasingly demonstrated the capacity to compete for deeper acreages, which were the exclusive preserve of the multinationals. Creating mega downstream company NIPCO’s acquisition of Mobil Oil has also given another Nigerian company the opportunity to create a mega company in the downstream that is capable of attracting foreign capital to compete with the Vitol and Trafigura of this world. The recent NIPCO and ExxonMobil mega deal, if effectively managed and synergised, is capable of creating a one-stop solution that will address the persistent supply challenges affecting the downstream sector. The Managing Director of NIPCO, Mr. Venkataraman Venkatapathy, alluded to this fact when he said in a statement that the acquisition was “part of our strategic move to support Nipco’s continuous growth and expansion of its Nigerian retail footprint”. “We are confident of adding tremendous value to MON and likewise MON will add a huge value to NIPCO,” he added. Venkatapathy said with the signing of the SPA, his company would start the transition period and seek the approval of the NSE and SEC. “The transition period will also enable NIPCO Plc to effectively manage a smooth and successful completion of the transaction. NIPCO considers this acquisition an important synergy. “It is part of our strategic move to support NIPCO’s continuous growth and expansion of its Nigerian retail footprint. We are confident of adding tremendous value to MON and likewise MON will add huge value to NIPCO.

“In furtherance of this value addition, NIPCO will continue to maintain the Mobil brand on its retail outlets as well as continue to blend and sell the Mobil brand of lubricants under branding licence(s) from ExxonMobil,” Ventakapathy explained. The NIPCO boss, who did not disclose the value of the deal, however expressed his company’s profound gratitude and appreciation to ExxonMobil for selecting NIPCO as the preferred bidder for the acquisition of MON. “We wish to give every assurance to ExxonMobil that having entrusted us with this invaluable asset (MON), we will ensure full brand compliance with ExxonMobil’s global standards as well as rigorously sustain and follow ExxonMobil’s code of conduct/ethos and operational excellence,” Ventakatapathy added. According to him, NIPCO’s expansion reinforces its implicit confidence in Nigeria’s future. He noted that the Nigerian economy still provides a robust and premium return on investment, adding that his company was privileged to have been given this opportunity by ExxonMobil on its home ground. “To our shareholders and stakeholders, we say welcome to a new dawn. A new era that will usher in stability, prosperity, sustainability and growth,” Ventakatapathy said. Labour challenge One of the greatest challenges facing this kind of mega acquisition is labour unrest due to fear of potential job losses by Mobil Oil workers. During the acquisition of Chevron Oil by MRS, there was fierce resistance by the Chevron Oil workers, who fought Chevron Corporation to pay them off before handing over the company to the new buyers. If not carefully handled, labour unrest has the potential to erode the potential gains in this kind of deal. However, Venkatapathy has assured all employees of job safety, adding that there is no plan for staff redundancies. He added that in NIPCO’s usual way of attaching premium to staff welfare , the company would respect the terms of all collective agreements with employees and the unions that represent them . “In addition to giving the employees much needed assurances on their job safety which we did today , our goal is to increase presence and efficiency by expanding MON’s retail footprint to a minimum of 300 by December 2017 and make it a vibrant one.”

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

BUSINESSWORLD

INTERVIEW

Ojuolape: SMEs Can Propel Nigeria’s Economy out of Recession An industrialist, Gboyega Ojuolape, discusses the significance of small and medium enterprises, insisting that this segment of the private sector holds the potential to pull the Nigerian economy out of the current recession. He spoke to Crusoe Osagie. Excerpts: Role of SMEs in economic growth Small and Medium Enterprises (SMEs) play an important role in the economic development of a country. Their role in terms of production, employment generation, contribution to exports and facilitating equitable distribution of income is very critical. The SMEs broadly consists of the traditional cottage & household industries and modern SMEs. The traditional village and cottage industries as distinguished from modern SMEs are mostly unorganised and located in rural areas and semi urban areas. They normally do not use poweroperated machines/appliances and use relatively lower levels of investment and technology. But they provide part time employment to a very large number of poorer sections of the society. They also supply essential products for mass consumption and exports. The modern SMEs are mostly defined in terms of the size of investment and labour force. The industries (Development and Regulation) define SMEs having less than 50 workers with the aid of power or less than 50 workers with the aid of power. The government is extending various steps towards the growth of SMEs in Nigeria. It was for this reason the Small and Medium Enterprises Development Agency of Nigeria (SMEDAN) was established in 2003, to facilitate the promotion and development of a structured and efficient micro, small, and medium enterprises (MSMEs) sector that will enhance sustainable economic development in Nigeria. In addition, the SMEs has been supported and encouraged by various government policies for infrastructure support, technology upgradation, preferential access to credit, preferential policy support, etc. Specific Contributions of Small Scale Sector The contribution of Small scale sector to the manufacturing sector and GDP as a whole is significant in terms of its share in total value added. The small scale sector performance in the manufacturing sector and GDP as a whole is significant in terms of its share in total value added. SMEs can play a role in mitigating the problem of imbalance in the balance of payment accounts through its export promotion. While the large scale industries are expected to increase the inequities of income and concentration of wealth, SMEs are expected to help widespread equal distribution of income and wealth. Small sector may provide opportunities to a large number of capable and potential entrepreneurs who are deprived of appropriate opportunities. It can help to release scarce capital towards productive use. The SMEs can reap the benefits of lean production and can find new cost-efficient techniques of lean production, as small units can use resources more efficiently to the full capacity without any wastage, they may have higher allocation efficiency. Also, the element of risk is minimum in SMEs, more resources will be employed by large number of labour force. Does the SME sub sector have potential or capacity to take Nigeria out of recession? Yes, during a period of economic recession, what most countries do to get out of the situation is to invest in human capital. Singapore, Korea, China, and India are clear examples of countries which deliberately invested in knowledge capital and today are better for it, and in my opinion investing in SMEs is the true human capital investment because of its far reaching capabilities. SMEs have been recognised as indispensable components of national development in both developed and developing economies. This sub-sector of the economy is globally acknowledged to contribute substantially in enhancing employment creation or generation,

in 10 years. Objective: To achieve this through the collaboration of the organised private sector, international donor agencies and government institutions.

Ojuolape poverty alleviation, equitable distribution of resources, income redistribution, technical and technological innovation, entrepreneurial skills development, more uniform industrial and economic dispersal, and general improvement in the living standard of the populace within an economic region. Moreover, they have been touted as strategic in ensuring food security and encouraging rapid industrialisation and reversal of rural-urban migration. One of the greatest challenges for the Nigerian economy in this recession is the lack of forex, SMEs can generate sizeable forex for the Nigerian Economy through exports. One of the opportunity areas where Nigerian SMEs are missing out is AGOA (African Growth and Opportunity Act), a Statutory Trade Preference Program that allows duty and quota free incentives for the entry of 6,400 goods from sub-Saharan Africa countries. If our SMEs can be developed or positioned in a way to properly reap from the benefits this opportunity presents alone, we will be out of recession in no time. For example the benefits and incentives AGOA presents spans over 6400 products in various categories including Cashew e.g. raw, roasted, salted; Shea e.g. Shea butter- bulk and finished products; Home Décor & Fashion Accessories e.g. Furniture and wood products, hand-crafted pottery and baskets, leather handbags and shoes; Apparel for example hand-woven cloth, ethnic printed fabrics, silver and beaded jewelry; Specialty Foods e.g. Boxed fruit juices, chips and cassava by products, vegetables, honey, palm-oil, spices; Sustainable Fish & Seafood e.g. Frozen, Dried or smoked fish, snail, shrimp which can be produced in larger quantity in Nigeria. SME is the only veritable tool that can rescue the economy of the country from its current status if SMEs are fully empowered to export their products. Improving SMEs as significant drive of growth, job and economic prosperity at a time such as this is very important. The sector has potential to absorb economic shock and the current recession would have been controlled if the SMEs had been well positioned because of the sector’s far reaching impact in rural areas. There are arguments that funding is not the major challenge hindering SME development. What’s your take?

Funding is the major issue but it’s not limited to funding. Some of the problems reported as being responsible for the slow growth and development of SMEs in Nigeria include deplorable infrastructural facilities; funding and financing challenges; inadequate managerial and entrepreneurial skills; limited capacity for research and development as well as innovations; limited demand for their products and services; burden of multiple taxes; and overbearing actions of government functionaries and agents. What will you say is the greatest challenge of SMEs in the country? The attitude of government towards SMEs is the greatest challenge. Until the government realises that the diversification of the economy starts with the rapid growth of the SMEs especially in the rural areas, then the SMEs will continue to struggle. That’s why some of us have decided to contribute the best way we can to develop SMEs in Nigeria. Priority must be accorded to the sub sector to drive growth and development from the grass roots, create wealth and generate employment. Any partnership with DFIs to drive economic growth? We are working on several angles concerning that. The recession isn’t helping matters but a lot is in the pipeline, France is looking more like the nation where we will have the chunk of investments come from because the size of investments from France to west Africa dropped in recent years due to war and strife in some countries in the region, but the new leadership is working on increasing the direct investments into Nigeria these days and we are well-positioned to benefit from that. Tell us about the project 774 and its key deliverables It is a project borne out of the need to solve the problem of unemployment in Nigeria and to also build the Nigerian economy on true enterprise. The objective is to create 1 million startup businesses in 10 years in Nigeria. This will create at least 5 million jobs in the process, which can increase to a lot more in another 15-20 years. Mission: To fight unemployment in Nigeria by raising 1 million start up entrepreneurs across the 774 local government areas in Nigeria

Vision: To create 5 million jobs in 10 years and most importantly create a base for the Nigerian economy through entrepreneurship. Beneficiaries are startup entrepreneurs, male and female, 21-35 years across the 36 states in Nigeria. Funding will come from a lot of developmental partners like Banks, Telecom companies, international donor agencies, international financial institutions, private individuals and government agencies. You see, one of the most critical variables in entrepreneurship development is to train young men and women to be creative and innovative. Talking about innovation, as Nolan Bushnell puts it, “The critical ingredient is getting off your butt and doing something. It’s as simple as that. A lot of people have ideas, but there are few who decide to do something about them now. Not tomorrow. Not next week, but today. The true entrepreneur is a doer, not a dreamer.” You will also recall that there has been a growing concern among young Nigerians and the business community that access to funds and technical knowledge on growing start-ups are fast becoming a thing of the past, giving room for rising number of young citizens who take to crime in order to survive. Even more so, government initiatives to kick-start the SME sectors have not yielded the desired results. The condition of most administration of SME development initiatives in Nigerian is far from standard and therefore unfavourable for the realisation of the purposes for which the ideas and projects were designed. Research has also shown that this challenge highlighted above is as a result of the following; Overreliance on Oil over the years as a major source of revenue; insufficient or lack support from government as well as the public; Non prioritisation of SME as an avenue for empowerment and economic diversification; Little support and ambitious moves from private sector drivers. To this end, Project 774 was created out of the necessity to help government diversify the economy via MSEs (Micro and Small Enterpsises) and bridge the gap in knowledge, access to funds and technical resources for the ambitious but un-advantaged young citizen interested in starting business in any of the following areas: Agriculture, Production (Manufacturing), ICT(Grassroots geared solutions), Export, Artisanship Education(Capacity building and Skill acquisition). We hope to use Project 774 to address the issues of Access to funds (N500,000 to N2,000,000 per start-up), knowledge gap, research reports and business development and growth strategies. Any advice for government on SME development Our advice to the government on SME development is to encourage a spread of the developmental processes and strategies across the 774 local government areas. More efforts should be concentrated on the rural areas to put a stop to rural-urban migration. Agriculture and manufacturing especially are areas to be looked at, the spread and growth of ICT companies too have presented an opportunity, youths are all on Facebook, Blackberry and Twitter discussing politics and trending entertainment news, their energies can be rechanneled into using these channels to grow their businesses at the rural level. We can turn Nigeria to a large manufacturing center if SMEs are pushed to the limit across the 774 LGAs to build this sector, same for agriculture; a lot of youths are returning to the farm, such efforts have to be complemented.

T H I S D AY • TUESDAY, OCTOBER 25, 2016

BUSINESSWORLD

INDUSTRY

NAICOM Vows to Expose Fraudulent Insurance Directors James Emejo and Ebere Nwoji Insurance industry regulatory authority, the National Insurance Commission (NAICOM) has said that in carrying out its oversight functions on insurance industry operators, it will leave no stone unturned in exposing directors and managers of firms who have defrauded their individual firms for self-enrichment. The commission revealed that it has already retrieved the sum of N66million from a former chairman of an undisclosed operating firm, insisted that it will continue to beam its search light on operators to ensure that such directors and managers cough out every fund they have stolen from their companies. The Commissioner for Insurance, Alhaji Mohammed Kari, who stated this at the 2016

insurance seminar organised by NAICOM for journalists in Gombe State, disclosed that the commission, has dragged some financially reckless directors and managers of insurance firms to the Economic and Financial Crimes Commission( EFCC) to retrieve the money they had stolen and ease financial constraints of the companies they managed, many of which they have rendered financially impotent. “I can confirm to you that one chairman returned N66 million. We have identified quite a number of cases like that and we have stood our ground that they must refund it because it is share holders’ and policy holders’ money, it is not their money. And that is not all, we have also like what we did on companies under intervention, we have discovered that some shareholders or directors acquired shares

without paying and we have taken them to EFCC, we are trying to get them cough out what they have taken. Those refunds can ease the financial constraints of the companies and those actions they have taken are criminal acts and the law enforcement agents have the right to treat them as criminals and we believe it will help to restore confidence of shareholders in the industry”, he stated. He said that the efforts were geared towards growing the

industry, noting that insurance industry is the only growth area left in the finance industry. Speaking at the event, Director, Finance and Accounts of the Commission, Mr. Nicholas Opara said on the insinuation that insurance companies are not making profits therefore not paying dividend, looking at the reports of insurance firms on current bases, insurance firms are making profits. He however explained that why they are not paying dividend was because follow-

ing the 2008 down turn in the economy, which affected capital market, a good number of insurance firms incurred huge losses and where the losses were not pronounced, on conservative reasons , a good number of insurance firms were required to make huge provisions for doubtful investments so the effect of that, threw their reserves into negative and under CAMA, operating firms are not allowed to pay dividend based on profit they made in the current year

when their reserve is still in negative. According to him, companies may make profit on current year but the commission would require them to extinguish the negative reserves that they are carrying in their books before they can pay dividend. Opara expressed optimism that if they sustain the current momentum in profit making, in no distant time, they will be able to wipe out those negative reserves and apply their current profit in payment of dividends.

‘Tigernuts is Nigeria’s Superfood’ Damilola Jimoh-Adewale Nigeria’s superfood comes in the humble form of a small, round, chewy ‘thing’ with a sweet, milky and nutty taste pushed around by ‘mallams’ in wheelbarrows. It’s known in the Western world as Earth Almonds or Tigernuts but the Igbos may know them better as ‘Aki Awusa’, the Hausas as ‘Aya’, and the Yorubas as ‘Imumu’. Contrary to the name Tigernuts, they are actually not nuts but tubers, grown mostly in the North-Western region of Nigeria. There are two commonly sold types - the fresh type and the semi-dry/ dry type. The former being yellow in colour and bigger in size while the latter is brown in colour and need to be soaked in water to be enjoyed by most people. Tigernuts are a traditional food in Nigeria that can be consumed in various forms. They can be eaten raw as a healthy snack or made into an all-natural, delicious, milky beverage known as ‘Kunnu Aya ‘(TigerNut Milk), which serves as a healthy beverage or as a lactose-free alternative to dairy milk. This plant milk is also suitable for glutenintolerant people as well as those who suffer from nut allergies. The chaff produced when making ‘Kunnu Aya’ can be dried and used to make gluten-free flour for baking or added as extra fibre when making smoothies. Edible and stable oil that compares favourably with Olive Oil can also be gotten from Tigernuts. Tigernuts are a highly nutritious plant food that contain a large number of antioxidants. Antioxidants protect the body from damage caused by harmful molecules called free radicals that cause the cells in the body to mutate and become cancerous. They have a high content of soluble glucose and oleic acid – which helps lower bad cholesterol and prevent heart attacks. They are also an excellent source of starch, healthy fats, sugars and protein.

Tigernuts are rich in Vitamins B1, E, C and minerals such as phosphorous, potassium, magnesium, calcium and iron (as much as red meat), which are all essential for bone growth, tissue repair, muscles, body growth and general well-being. They have a high content of dietary fibre and insoluble fibre which helps control blood sugar levels, thus preventing diabetes. They contain enzymes that aid digestion such as catalase, lipase and amylase, and are often recommended to those who suffer from constipation, indigestion, flatulence, diarrhoea and weight watchers, as they keep you feeling fuller for longer, resulting in a lower calorie intake. As mentioned above, Tigernuts are rich in Vitamin E, which is essential for fertility in both men and women and can help promote normal menstruation in women. Vitamin E is great for the skin as it delays cell aging, improves elasticity of the skin and reduces the appearance of wrinkles, acne and other scars. Tigernuts are also used as an aphrodisiac in some parts of Nigeria. Other countries in the world are known for their Tigernuts. For instance, Tigernuts are grown in Valencia, Spain. They are known as ‘chufa’ and are used to make a milky drink known as ‘Horchata de Chufa’ similar to ‘Kunnu Aya’. Tigernuts can be exported to countries like China, where they are used as liver tonic or heart stimulant; and The United States of America, where they are consumed in various forms. So the next time you pass-by a wheelbarrow of Tigernuts, make sure you buy a handful and give your body a well-deserved treat! - Jimoh-Adewale is an aspiring agropreneur that believes in adding value to the abundant human and agricultural resources in Nigeria. She can be contacted at denovo. organics@gmail.com. Follow her Instagram page - @denovo. organics

WOOING INVESTORS

L-R: Managing Director, FBN Merchant Bank, Mr. Kayode Akinkugbe; Chairman, FBN Merchant Bank, Mallam Bello Maccido;Minister of Industry Trade and Investment, Mr. Okey Enelamah; Group Managing Director, FBN Holdings, UK Eke; and Head, Equity Research, FBN Capital, Mr. Bunmni Ashaolu, at the 6th FBNQuest annual investor conference in Lagos ...recently ETOP UKUTT

Professionals Harp on ICT for Business Sustainability, Profitability Crusoe Osagie With Information Communication and Technology (ICT) playing a vital role in driving profit margins and efficiency of business organisations, professionals have emphasised the need for young and existing businesses to deploy the use of ICT to be competitive and attractive or choose to be muscled out of business. Indeed, the Professional Practice Group (PPG) of the Lagos Chamber of Commerce and Industry (LCCI), believes that ICT is rapidly becoming a global business where businesses across the world all have a technology side to their businesses, saying Nigeria must not afford to lag behind in this global trend. The Chairman, PPG, Mr. David Bawa, during the group’s collaboration with an online solution provider, Hord Incorporated to launch an online business clinic, “Ask an Expert”, said one of its key objectives was to ensure that the group reaches out to young professionals while also ensuring that entrepreneurship is boosted in a professional way. “We also expressed hope that the present administration will be able to create an enabling environment to foster growth of entrepreneurs. We are trying to align with some of the contemporary challenges we have in the country and we believe creating entrepreneurs and promoting young profes-

sionals is a way of taking people out of unemployment,” he said. In his words, “To achieve this, we believe some cost effective ways is to deploy the use of ICT. We have decided to partner with an online solution provider, the Hord Inc and we believe that the professional practice group is a 100 per cent consulting base where we have professionals cutting through all segment. This partnership with the Hord will give us the opportunity to harness our potentials reaching out to the public.” He added that technology is revolutionary, stating the need to key into the opportunities it offers,!stressing that the group is signing up with this solution providers and will keep tweaking till it gets the best value for consulting online “We believe that the basic tools to bring in the young and old professionals is to continue to create awareness, because ICT is becoming a global business. Everybody has a technology side to businesses and if you take a look at our gathering today, 80 per cent of our membership are new where more than 50 per cent of this membership are young professionals. Most of the users of Internet services are actually the young demographies,” Bawa noted. He said the greatest challenge faced by professionals in the country is based on the economic prosperity of a

nation, pointing out that if the economy is not prospering, the demand and supply chain for professional services gets broken. “There will be little demand for few providers for services.

Today, technology has made education almost second placed where Nigeria is gradually transiting from an education based country to a skills based economy,” he added.

Niger to Produce One Million Metric Tonnes of Rice Laleye Dipo in Minna Niger State Governor, Alhaji Abubakar Sani Bello has said that adequate provision has been made to enable rice farmers in the state produce one million metric tonnes of rice this dry season. Also, the Minister of Agriculture and Rural Development, Chief Audu Ogbeh has disclosed federal government’s plan to provide irrigation equipment to rice farmers in the state to enable them meet the target. The duo spoke in Danchitagi in the Lavun Local Government Area while inspecting the rice farms cultivated under the Central Bank of Nigeria (CBN) Anchor Borrowers Programme. Expressing his administration’s determination to ensure federal government policy of self sustenance in rice production, Bello said 90,000 square kilometers of land was now available for cultivation in the state and stressed the need for a template on the technical specifications by the presidential committee. The governor expressed satisfaction at the support from federal government and

Central Bank of Nigeria CBN saying that that the scheme had created jobs for the youths in the state. Ogbe, who commended the commitment of government and farmers in the state to the realisation of federal government policy on rice said that about N2 billion had been expended in the state through the CBN anchor borrowers program. The minister promised the provision of irrigation facilities which would include, solar power water pumping machines, small rice milling facilities, threshers and combined harvesters to ease rice processing, He disclosed that 1,700 of the over 2,000 rice farmers from 57 cooperative societies that had benefited from the program in the state were engaged in dry season farming while another 907 cotton farmers were to benefit from the scheme in the state. Ogbeh expressed optimism that the country will soon be self- sufficient in Rice production which would bring down the price of the commodity in the open market.

TUESDAY NOVEMBER 1, 2016 T H I S D AY

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

PROPERTY & ENVIRONMENT FG Advised to Phase Implementation of Toll Collection on Roads

As the Senate and relevant stakeholders carryout their planned detailed study of the nation’s toll gate policy for effective and efficient implementation, following a motion it passed to reintroduce tolling on federal roads, recently, an Engineer and former staff of Federal Public Works Department, Afolabi Adedeji has recommended phased implementation. This, he said would dowse tension and enable Nigerians gauge the government’s sincerity of purpose, reports Bennett Oghifo

here is temptation for the federal government to build toll plazas on all its highways simultaneously for various considerations, particularly for political balance, but this may not serve the interest of the Nigeria populace that is still skeptical of the real motives of the government. Specifically, they are suspicious of the real reason the government is considering the reintroduction of tolling on the same roads it spent millions to strip their toll plazas that were built at huge cost. While the Senate and its partners strategise, the Federal Government has been advised to phase the construction of the toll plazas to enable Nigerians determine if they serve their purpose. Remember the Senate said it is searching for ways to carry out the policy as a holistic package. This is to generate adequate funds for roads maintenance, and that the money realised should be judiciously utilised in order to restore confidence in the masses. Bitter pill... The possible reintroduction of toll collection on federal roads is a bitter pill whose implementation may need to be executed in phases, said Afolabi O. Adedeji, Chief Executive Officer, Ethical Business and Management Associates, in a statement, at the weekend. According to Adedeji, “It is my considered opinion that a Phased Introduction of Toll Gates on a few selected Federal Roads is more appropriate, rather than a ‘big bang’ across-the-board reintroduction on several routes by legislative fiat. “When Nigerians see “sincerity of purpose”, more often than not, their Patriotic spirit gets reawakened. We need this for the achievement of meaningful, long term national goals. Neglect of regular Maintenance is also a bad habit that may be ‘relapsed into’ if care is not taken and deliberate Programmes and Policies must be put into effect, so that the Facility remains in its original condition as constructed (or as is subsequently improved). Background... On Tuesday, October 25, the Senate, passed a Motion raised by Senator Suleiman Nazif that supports a possible reintroduction of Toll

Toll Gate

Collection Plazas on some Federal Highways across the country. The Senate Committee on Works was mandated to enter into consultation with relevant stakeholders in the road sector on how best to move forward on the very sensitive matter and make necessary recommendations for further action. Adedeji said, “The passage of time is akin to a ‘rascal’ that allows a few inaccuracies to creep into our recollection of certain important things as human beings. But, if I am not mistaken the Lagos - Ibadan Expressway was one of the first major arterial roads to have Toll Plazas constructed on it for the purpose of toll collection from various types of vehicles plying it, followed perhaps by the Ibadan - Ife - Ilesha Highway linking Oyo State to Osun State right up to Ondo State, Ekiti State and beyond.” Benefits of toll plaza reintroduction... Revenue collection that will be applied towards recovery of Road Construction Costs, Road Maintenance, future Road Development, etc.; round - the - clock presence of Security Operatives at the Toll Gates, which will enhance safety on our Federal Highways and provide an additional deterrent to Robbers, Marauders, Kidnappers, etc.,

who might otherwise have been able to make a quick ‘get away’ after a nefarious “operation”. We are all familiar with usual ‘stop & Search’ Duty of Nigeria Police Officers. This will be further enhanced near Toll Plazas and help in the perpetual war against Crime. Speed Limiting and Speed Control at the approach to Toll Collection Plazas, which may reduce accidents caused by excessive speeding. The Federal Road Safety Commission (‘FRSC’) has been raising discussions about the possibility of undertaking random Tests on Commercial Vehicle Drivers for the level of Alcohol in their Breath -there are established Safe Limits for this, random Eye Tests to ascertain visual acuity, random Blood Sugar Tests to determine uncontrolled Blood Sugar Level that may lead to Diabetic Coma whilst Driving, and possible fatalities, etc. With proper coordination, this seemingly esoteric aspect of the constitutional role of the FRSC may be enhanced by the reintroduction of Toll Plazas. Further Financial Inclusion and Financial ‘Deepening’ among Nigerians who might be gently encouraged to utilize Electronic Products as well as Electronic Channels of various Banks for Paying their Tolls, with an attached ‘prize’ of faster pas-

sage through the Toll Gate(s). This idea was also mooted on the Lekki - Epe Expressway that was concessioned to LCC (i.e. The Lekki Concession Company). The Toll Plazas on the Lagos - Ibadan Expressway were initially operated by Civil Servants/Government Officials from the Federal Ministry of Works (way back in the mid to late 1970s). However, gradually over time it was discovered that revenue “targets” were perennially ‘delinquent’ and/or unmet whilst the queues were causing ‘annoyance’ to Road users. If there is any iota of truth in stories from the gossip mill (or grape vine), why should a middle ranking to semi-senior Government Official on Salary Grade Level 10, 12, or higher be lobbying for a posting to undertake Toll Plaza duties, which are more or less Clerical in nature, extending to odd hours of the day/night, causing “dislocation” from Family/loved ones, etc., unless there is some other ‘juicy’ thing involved. In his usual ‘No - Nonsense’ style, it was late strongman of Military Politics, Major-General Abdul-Kareem Adisa (of blessed memory) during his tour of duty as Minister of Works, who either replaced the Civil Servants at the Toll Plazas with Revenue Collection Contractors, with definite “targets” of returns that they were expected to make to the Treasury/government coffers every month, and adequate ‘margins’ left to make it worth their effort and worth their while or who stumbled upon the startling “discovery/revelation” that even the Revenue Collection Contractors were perpetually or so it seemed not meeting their targets. The Government was still not getting the desired results and the patience of the travelling public was chronically being put to test. Hence the decision to demolish all Toll Plazas on Federal Roads and the discontinuation thereon of Toll collection from Road users during the regime of Chief Olusegun Aremu Obasanjo, as our democratically elected Head of State from 1999. The Newspaper, which Reported the Senate Decision mentioned at the opening of this contribution, put the date of this decision by the Government of Chief Olusegun Obasanjo, at December 2003.

QMB Builders` Mart Introduces Annual Professional Development Seminars Bennett Oghifo Professionals in the nation`s building and construction industry will have the opportunity to share information with QMB Builders` Mart`s technical partners and manufacturers leading home and lifestyle equipment during the maiden edition in our series of annual Professional Development Seminars. The QMB flagship store in lekki will host the first of these events on the 8th and 9th November 2016, and to this end, we have invited our foreign partners to facilitate the programme on technical details, specifications, method statement, design feedback and cost effectiveness. QMB Builder`s Mart limited, thus invite companies and professionals in the construction industry to nominate staff to attend the Continuous Professional Development sessions. This training is for all stake holders in the built environment, including upwardly mobile Architects, Mechanical and Electrical consultants, Developers, Builders and Contractors who will interact one on one with QMB`S international collaborators from across Europe and Asia to highlight trending cost- effective innovations in

QMB Builders` Mart, Gbagada, Lagos

the industry. The operational services of QMB include corporate marketing, retail sales online @qmbmart.com and at showrooms located on Lekki-Epe expressway on the Lagos island and Gbagada on the Lagos mainland. The Gbagada branch is a purpose –built facility on three floors and is located at Gbagada between

Anthony and Oworosoki beside Zenith Bank and KFC, and boast ample parking space. It is designed as a premium outlet for the urban, medium and high-end customers on the mainland where the customer can source every item required to make a building functional and efficient. Products which include granite, doors, light fittings, ceiling, paints, marble, Jacuzzi, spar, amongst other are available items to clients in the vicinity Our methodology carries the customers along from product guide, after sales service and a minimum of two years is the standard warranty for all our merchandise. We stock locally made products of excellent quality tiles and sanitary, solid wood, doors, and kitchen cabinet in well-seasoned, well-finished and uncommon designs. We also stock exquisite wooden doors and fittings, including security doors with wood finishing. The CEO, Mr. Ayobami Biobaku said, “We only stock products that give us peace of mind; products that last a lifetime and even beyond for the users”, adding that they have made the kitchen section a lifestyle affair, displaying plates, cutleries, glass cups, and various types of

wine, spirits, home appliances, and decorative items, among others. It is actually designed as a one stop shop for home owners to equip their kitchen and dining area. The service we offer is sales, delivery, and installation for all equipments to the specification of the user. The opening of the Gbagada showroom on November 10 is a purely a professional affair, to be conducted by professionals in the industry, from Architects to Quantity Surveyors, Engineers, Builders, Bankers, customers among others. QMB Builders` Mart Limited is Nigeria`s leading building materials “one-stop shop for Do-it-yourself” (DIY), Buy it Yourself Developers, Builders, Construction Professionals and Home Improvement customers in the Nigerian Property Market. “The dream of its founding fathers is to, through multiple outlets, provide credible and sustainable alternative conducive environments, quality products and customer oriented services to the building materials market in Nigeria. We conclude by writing you all to choose QMB – because at Qmb, Quality Makes Life Better.”

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

PROPERTY & ENVIRONMENT

Engineers Advise Buhari to Believe in Capacity of Nigerians Bennett Oghifo The Nigerian Society of Engineers (NSE) has advised President Muhammadu Buhari to believe in the capacity of Nigerians in his quest to grow the nation’s economy. The nation’s engineers stated this in their presentation ‘NSE Prescription For Prosperity And Progress’, stating that President Buhari “has to believe in, and tap into the capacity of Nigerians and Nigeria for rebirth and renewal as already witnessed in the entertainment, communications, banking and other industries. “The Nigerian Society of Engineers recognizes that the task facing the nation at this critical period beset with economic decline revolves around the following leadership responsibilities: Creating an inspiring and consistent vision; Re-assessing governments’ and nation’s core missions in the light of Mr. President’s clear picture of the future; Selecting, recruiting, retaining, using and developing appointees and employees; Managing change within the state house, the public service; and providing enabling development for change in the private sector and preparing for global change; Leveraging

technology to improve public sector operations and delivery of services therefrom to citizens; and using local talents, local technologies, and local goods and services as inputs to infrastructural and economic development projects.” President as Executive-inChief... The engineers said, “Nigerian citizens, public and media appreciate and glorify the glamour attendant upon the President’s role as “Commander-in-Chief” (fondly called C-in-C). On the other hand, Mr. President’s role as “Executive-in-Chief” attracts very little attention, whereas it is performance in this latter role that can make or mar the polity/economy environment.”

The foray of one of Nigeria’s leading Fast Moving Consumer Goods (FMCG) giants, NASCO Group into partnership with Royal Pacific Group in the investment in a hotel project, Fraser Suites, is already having a rapid effect on the nation’s capital Central Business District (CBD). The Fraser Suites that will be commissioned in the middle of next year is a 10-storey edifice that boasts of wide range of apartments from studios to 4-bedroom penthouses. Each unit is exquisitely appointed with contemporary interiors and luxurious finishes created by skilled craftsmen, while offering spectacular views across the lush city landscape. The facility will feature 126 Gold Standard residences backed up by a broad range of recreational facilities, all set around the private landscaped gardens. In addition to fullyequipped gym and outdoor swimming pool, the property benefits from a luxurious Spa and children’s play zone. Given its strategic location in the CBD and complete range of offerings, Fraser Suites Abuja is suitable for global business executives, diplomats and family members alike. In addition, the project will avail multiple job and employment openings to be drawn from the Nigerian hospitality industry value chain. It is projected that about 600 Nigerians will be directly employed for the management and catering services when the hotel comes on stream. With an emphasis on health and wellness, Fraser Suites

in government agencies and the agency as a whole must perform optimally, and to the satisfaction of the citizenry. “The key word here is PERFORM, since elected public servants are expected to perform not to learn.” The president’s vision & philosophy... They said due to accelerated rate of change in all sectors, Mr. President must now define

a dynamic vision to inspire and mobilize the public and private sector, and usher in an organizational change process that will rapidly see Nigeria renounce and discard its old self as a consumer, and become a new entity that produces what it needs and consumes. He should very soon provide a clear picture of all the sectors in the next two and half years, and in the distant future, and not

just a few sectors. “It is noteworthy that the first Republic, even up to the second Republic, pursued the development of all the sectors, leaving the legacy of the stock of infrastructural, agricultural, industrial and social properties we now have as a country. “The philosophy that should inform our lifestyle is that we must produce for our needs and wants or continue to be economically enslaved.

The challenge ahead... In the opinion of Nigerian Engineers, “Mr. President has to recognize that the next two and half years have to be a revolutionary period in government and also businesses. “He has to believe in, and tap into the capacity of Nigerians and Nigeria for rebirth and renewal as already witnessed in the entertainment, communications, banking and other industries. “Clearly the time is ripe

NASCO Delves into Hotel Development with Fraser Suites Olawale Ajimotokan in Abuja

or even overdue for similar revolution in the government/ public sector.” They said presently, the Nigerian citizenry has become alert enough to expect high quality service from government, business, and non-profit sectors. “Nigerian engineers thus sense the President has to adopt strategies that would ensure that, from the now in performing government responsibilities, both the public servant working

Abuja will provide a broad range of recreational facilities, all set around the private landscaped gardens. In addition to fully-equipped gym and outdoor swimming pool, the property benefits from a luxurious Spa and children’s play zone. Given its strategic location in the CBD and complete range of offerings, Fraser Suites Abuja is suitable for global business executives, diplomats and family members alike. The construction of the hotel, said to be the first of its kind in Africa, is also coinciding with the rehabilitation by Julius Berger of internal road arteries, particularly the Leventis Close which is a spur linked to the popular Samuel Ademulegun Avenue within the CBD by the Federal Capital Development Authority (FCDA). Even more interesting and of immense futuristic relevance, is the fact that the main terminal of the soon-to-be commissioned Abuja Light Rail project is located directly at the western flank end of Leventis Close; further underscoring why it is indeed a welcomed road construction project worthy to be commended by all and sundry. As the hub for corporate business in Abuja, the CBD is the home to huge numbers of multinationals, private sector players, governmental and nongovernmental entities. The vast intersections of major road networks (highways and bridges) within the district were designed and layered in a deliberate fashion; to facilitate ease of access in and out of the manifold chambers holding the various offices and businesses located and operating therein.

: L-R: Managing Director, Lagos Building Investment Company, Ms. Folasade Folivi; General Manager, Flowe Angel Limited, Mrs. Leila Atake; Lagos State Commissioner for the Environment, Dr. Babatunde Adejare and the Permanent Secretary, Mr. Saliu Adeyemi, during the handing over of MOE Garden to the contractor for regeneration and rehabilitation, at Alausa, Ikeja Lagos... recently KOLA OLASUPO

Buildmacex 2016 Achieves Major US-based Nigerian Joins in Mileage Remodeling US President House This year’s specialized exhibition of building technology and interior design known as Buildmacex and Interior 2016 has been said to be a huge improvement on previous editions, despite the current lull in the nation’s economy. Sector players, who rated the just-concluded exhibition high, said products on display were of very high quality and that the exhibitors were also top-notch. On the opening day, the Managing Director of Buildmacex, Ayo Olugbade welcomed guests and exhibitors “to the journey of ‘Green Building Technology and Innovations.’ These milestones portray the upcoming innovative latest trend and technology dedicated towards the target market of building, construction and interiors sectors of the construction industry of Nigeria and West Africa.” Olugbade described Buildmacex and Interior 2015 as “out and out success,” which presenting BUILDMACEX 2016 exhibition & conference. “I hereby would like to express my sincere appreciation and gratitude on behalf of Atlantic Exhibition to all the dignitaries, special guests of honour, corporate partners, sponsors and our exhibitors for accepting our invitations. We truly appreciate your commitment and enthusiasm, Thank you very much for gracing the event. “I would like to congratulate and extend our special welcome to all our international participants who have travelled all the way from outside Nigeria to participate and

attend this Expo. We have here our international partner from Turkey, Mr. Nuvit Becan Needless to mention that our success wouldn’t have been possible without their continues unconditional support. “I am proud to say about our Turkish partner Meridyenfair International and their Managing Director, Mr. Oguz Yalcin, have always been the pillar of strength for us. It is truly admirable the length one will go to seize the myriad of opportunities to gain and share knowledge. Welcome to Nigeria and to the vibrant city of Lagos which embodies the spirit of esthetic, modern and progressive attitude.” Olugbade said, “With the array of eminent speakers and moderators that have been lined up for these 3 days conference, participants will be bound to attain more knowledge, information and understanding regarding the latest trends emerging in our ever-changing construction & building technology, economic environment and marketing investment potentials. BUILDMACEX NIGERIA, 2016 has come just at the right time, when we are seeing an increasing trend globally for networking, conferences and new approaches in developing nations. Development of Nigeria is very much recognized and truly vital to all of us. We as Atlantic Exhibition personally are ready to be part of this great initiative of Government to support and bring investment opportunities in Nigeria.

US-based Nigerian construction expert, Lawrence Dibor, has said he was among a consortium of professionals involved in the design and construction of the President’s House, a monument in the history and administration of the United States of America. The President’s House is a memorial located in Independence Square in the City of Philadelphia, on the site of a building which served as both residence and office for President George Washington during his terms of service in the 18th century, and similarly for President John Adams during the first two years of his term. At that time, Philadelphia was the Capital of the United States. A statement by Dibor said, “The site embodies a profound contradiction during the infancy of the United States- the same home that witnessed the birth of a free nation and its first steps toward democracy. Surrounding the historical site are the Independence Visitor Center, Constitution Center, Independence Hall, Benjamin Franklin House, 1st U.S. Post Office, and Betsy Ross House. The President’s house is also connected to the Liberty Bell, a symbol of American freedom.” The civil engineering and construction administration of the project, which were performed by Adcon Consultants, according to Dibor, its Managing Director, are a great achievement and an honour for him and his company. It is a permanent outdoor structure located at 6th and

Market Streets in the City of Philadelphia, close to the Liberty Bell Pavilion. “We were selected by the Project Architect on behalf of the City of Philadelphia Department of Public Property and the National Park Service to perform the civil engineering and design services, including drawings and specifications,” the Philadelphia based Nigerian disclosed. “The President’s House is a historical site with a place of pride in the history of America. It brings me great joy and honor to be part of the history of contributing our civil engineering knowledge and experience to creating a monument that is in line with modern construction projects,” he said. Dibor, who has over 30 years of business experience in construction, architecture, engineering and building management in the U.S explains further how the team was able to handle this complex project. “Due to the historic nature of the project, we reviewed the archaeological and geotechnical information of the site in order to be able to protect the existing underground 18th & 19th century foundation remnants during construction, as well as to provide proper drainage throughout the site.” The President House is currently a huge tourist attraction for people interested in learning about the making of modern America, with visitors estimated at over one million people per year.

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

PROPERTY NEWS

Nigeria Calls for Urgent Global Action on Sustainable Urban Development Bennett Oghifo The Federal Government has called for urgent global action on sustainable urban development as an imperative for a secured future for the growing world urban population at the Third United Nations Conference on Housing and Sustainable Urban Development (Habitat III) in Quito, Ecuador. In a Country Statement read on behalf of President Muhammadu Buhari at the global event, the Minister of Power, Works and Housing, Mr. Babatunde Fashola SAN, said such global action had become an increasingly urgent necessity if the 21st Century was to provide a secure and sustainable way of life for the growing global population. Fashola, told the gathering of world leaders, “The economic and health imperative to plan for people-centered societies and sustainable cities is no longer a luxury, but an increasing urgent necessity if the 21stCentury is to provide a secure and sustainable way of life for the growing global population”. Acknowledging that it would not be easy to embark on such development given the rapid growing urban population, Fashola, who noted that there were inherent opportunities in the challenges of urbanization, added that with political will and with the New Urban Agenda as blueprint, the world could secure a sustainable future. The Minister declared, “It will not be an easy task, neither will the turn-around come quickly, but we strongly believe that through strengthened political will and intelligent planning, we can improve the lives of millions

with the New Urban Agenda as our blueprint and road-map to a sustainable future.” Calling for the strengthening of UN-Habitat “as the focal point for its effective implementation and review”, Fashola added, “We must collectively agree on the common principles that will guide our response to the challenges facing human settlements and ensure that we embark on a path of sustainable urbanization over the next two decades, as aptly captured in the New Urban Agenda.” The Minister, who noted that the decisions arrived at the Ecuador Conference would have long-term consequences for cities, and their dwellers, as well as for the wider issues of human sustainability and the quality of life of future generations, added “Indeed, as the world waits in anticipation for the outcome of this landmark Conference, we cannot afford to fail our Nations. We cannot afford to fail our peoples. In fact, we must not fail the future generation.” On the benefits and opportunities derivable from functional and sustainable urban centres, Fashola, who said they were already evident, pointed out that as crucial engines of growth for the economy and concentrations of activity and places of connectivity, creativity and innovation, “cities offer a multiplier effect for the development of their surrounding areas. “Urbanization can help to jump-start industrialization and manufacturing, which in turn can result in a host of other productive and economic development processes. The occurring rapid urbanization must therefore be exploited to

unlock its economic potentials, and provide a solution for rapid transformation of our urban centres,” the Minister said. According to him, “This Habitat III Conference presents this precise opportunity. It is for us a reminder, and a call to action on our obligations if our cities are to be properly positioned to play a meaningful role in achieving the targets of the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), as well as the Paris Agreement on Climate Change, and other internationally agreed instruments aimed at creating productive lives for the growing number of urban dwellers. “Certainly, we owe humanity a responsibility to significantly step-up political commitments globally if we are to ensure a better quality of life - one that is dignified and productive- not only for all our citizens today, but especially for the generations to come, for whom we are merely holding the earth in trust”, he said. Fashola said nations must take bold and decisive measures to implement the provisions of the New Urban Agenda at all levels, and mobilize commitments for institutional and attitudinal changes backed by innovative funding arrangements adding that in order to record success the Private Sector and development assistance must be tapped into. This, he said, was necessary in order to provide capacity,

finance and technology to address in a comprehensive manner the critical challenges of homelessness, growing poverty, social exclusion, urban sprawl, lack of basic infrastructure and services, environmental degradation, increased vulnerability to disasters and the food and energy crises. The Minister said in order to make the programme both inclusive and comprehensive, special provision must also be made for those with disabilities, women and youth in the human settlements policies through programmes and projects targeted at achieving equitable and efficient growth. Nigeria, on her part, the Minister said, has demonstrated renewed political will to install a well-functioning urban system through the pursuance of efficient, transparent and accountable governance, including progressive economic reforms that were directed at creating jobs, reducing poverty and promoting stability - which are all essential elements to sustained growth and development. Noting that the country is currently one of the largest economies in Africa, blessed with significant natural and human resources, and with growing democratic institutions, the Minister added that as a mark of her commitment to the global urban development agenda, the country has endorsed the provisions of the New Urban Agenda with its strategic interventions to reverse

identified urban lapses and ills. “The Administration, under the leadership of President Muhammadu Buhari, has demonstrated renewed political will to install a well-functioning urban system through the pursuance of efficient, transparent and accountable governance, including progressive economic reforms that are directed at creating jobs, reducing poverty and promoting stability - which are all essential elements to sustained growth and development”, the Minister said. Pursuant to this commitment, he said, the country’s priority interventions have included among others, increased investments in affordable housing, modern road infrastructure, highways, bridges and robust, efficient transport networks adding, “The National Housing and Urban Development Policies have been reviewed, with the incorporation of new development strategies for dealing with the pertinent issues of housing finance, climate change, resettlement, participatory governance, and better land management and administration”. Fashola said in order to remove the inhibitions and obstacles to the supply of affordable housing units and to bridge the huge housing gap, Nigeria recently embarked on developing a sustainable National Housing Programme, that would form the bedrock for aggressively reducing the housing deficit in the country. According to the Minister, critical features of the programme

include; “Responsiveness to the needs of the end users based on surveys, affordability analysis and income differences; Responsiveness to cultural and climatic diversity; Responsiveness to local economic needs and focus on SMEs and cottage industries as drivers of building inputs like doors, windows, plumbing and electrical fittings; and Piloting and validating the concept by starting small with a N35 billion ($115million) to prove the concept. “Noting that the country has over the past six years contended with a violent insurgency in its North-East region, resulting in the dislocation of many communities, and extensive damage to public infrastructure and basic services, Fashola said, “Government’s strategic response has included a comprehensive humanitarian response actively supported by the United Nations System and International Non-Governmental Organizations, as well as our local Civil Society Organizations, to whom we remain deeply grateful.” The Minister said Government has evolved an elaborate redevelopment plan which, according to him, would soon be launched by President Buhari through the intervention of the Presidential Committee on the North-East Initiative (PCNEI) towards the rehabilitation and reconstruction of areas affected by the insurgency and relocation of the displaced populations in their communities.

Umahi Inaugurates Committees on SDG Projects, Abakaliki Ring Road The Governor of Ebonyi State, Chief David Umahi has inaugurated Ebonyi State Implementation Committee on Sustainable Development Goals projects and the Steering Committee for the proposed 198-kilometre ring road in the state. Addressing members of the two committees at the Government House, Abakaliki, Umahi directed them to work assiduously to ensure that the rural electrification projects embarked upon by his administration in six local government areas is ready for inauguration on 15th November. He also ordered that those of the remaining seven LGAs be ready for inauguration on 30th November, 2016. The governor said, “Through the SDG, we have embarked on the implementation of a number of projects in six Local Government Areas but very significant among them is the rural electrification project, especially street light. I am directing that that job must be inaugurated by 15th of November. So you have to write it down and the other job for the remaining seven LGAs must be ready by 30th of November.” He advised the LG caretaker chairmen to do everything

within their powers to ensure that the projects sited in their areas were protected. Umahi also expressed happiness over the cleanliness of Abakaliki, the state capital, saying the city would be made more beautiful during Christmas. “Since, the Secretary to the State Government doubles as the Commissioner for Environment now, he has to start looking at the possibility of decorating the city ahead of Christmas. I must express my pride in the SSG over what they are doing in the town and I think everybody must see a very clear difference over the sanitation of the capital city,” the governor added. He disclosed that the African Development Bank had indicated interest to fund the Abakaliki Ring Road project and directed the SSG and the Commissioner for Solid Mineral, Sylvanus Nwakwaegu, to prepare to defend ‘’our position in the mining programme coming up between 24th and 29th of this month.’’ While Engr. Umahi said the mining committee should be led by the SSG, he stated that the steering committee would be led by Commissioner for Finance, Barrister, Dennis Ekumankama.

: R-L: Ebonyi State Governor, David Umahi; Country Representative of African Development Bank, Mr. Ousmane Dore; and an official of the bank, during the governor’s visit to the bank in Abuja... recently

‘Environment is Key to our Survival’ Lagos State Commissioner for the Environment, Dr. Babatunde Adejare has said no nation can prosper in a distressed and degraded environment. He stated this during the launch of Ikeja Clean-up Exercise and purpose-built tricycles for waste disposal by Ikeja Local Government, recently, in furtherance of the policy of the State Government to rid the environment of all infractions and nuisances. Adejare commended the efforts of the Administrator of Ikeja Local Government, Engineer Abiodun Taiwo, for subscribing to the vision

of the administration of Mr. Akinwunmi Ambode on the environment and urged other Administrators to emulate this feat. The Environment Commissioner said that the achievement of functional and sustainable environment is everybody’s business. According to him, “when we put environment first, development endure because we cannot lay claim to economic prosperity in the face of environmental insecurities.” He further urged the citizens to take good care of the environment because God never created the environment to be distressed or degraded; it is

human efforts that have put it in the current worrisome state. While restating the position of Government on sustainable environment, Adejare said that the Lagos State Government was also planning to invest in the use of tricycle for waste disposal, saying such efforts will help in no small measure to assist waste disposal in the State, as the tricycles will be able to navigate hard-to reach areas. The Commissioner also stated that the Lagos State Government has also embarked on Clean Lagos exercise across the five divisions of the State, saying this initiative will

help reduce environmental degradation. The Commissioner urged Lagosians to join the state crusade to attain a cleaner, healthier, functional and sustainable environment, capable of promoting economic growth and well-being of the entire citizenry, saying, we do not have another planet, this earth is our earth, we must do everything within our capacities to ensure it is safe for us and posterity. “We are all products of the environment; we cannot exist without the environment. It is paramount that we give our best to protect it,” Adejare said.

T H I S D AY • TUESDAY, NOVEMBER 1, 2016

PROPERTY NEWS

Rivers to Partner FHA to Develop Affordable Housing Rivers State Governor, Nyesom Ezenwo Wike has stated that his administration would partner with the Federal Housing Authority (FHA) to ensure that the people of the state have access to affordable housing. The governor said such partnership would involve ensuring that the FHA is given access to land to commence the immediate construction of houses. Speaking during a courtesy call by the Managing Director of the Federal Housing Authority, Prof Mohammed Al-Amin, recently, Governor Wike directed the management of the Greater Port Harcourt City Development Authority and the State Ministry

of Housing to liaise with the Federal Housing Authority to develop a framework for affordable housing. The governor, however, stated that the Federal Housing Authority must sign an undertaking that it would develop lands allocated to it within one year, failure which the Rivers State Government would repossess the said allocated lands. He said, “State Governments find it difficult to allocate plots of land to the Federal Housing Authority because lands allocated are allowed to stay fallow without any developments on them. “I have directed the Greater

Port Harcourt City Development Authority in conjunction with the State Ministry of Housing to discuss with the Federal Housing Authority on how to develop a framework for the Joint development of affordable housing. “However, we are proposing that the Federal Housing Authority signs an undertaking

that should they fail to use the parcels of land allocated within one year, we shall repossess same.” In his remarks, the Managing Director of the Federal Housing Authority, Prof Mohammed AlAmin noted that the essence of the visit was in furtherance with the directive of the Minister of Power, Works and Housing to

the Federal Housing Authority and Federal Mortgage Bank of Nigeria to use lands owned by the Federal Housing Authority across the country and finance from the Federal Mortgage Bank to invest and deliver housing. He said Rivers State was among the first slated to benefit from the programme. He disclosed that the Federal

Housing Authority has been restructured into Commercial and Social Departments with a view to making housing a tool for development. Prof Mohammed appealed to the governor to allocate more land to the authority, as well as intervene in ground rents and acquisition fees charged the authority.

Poaching Behind Worst African Elephant Losses in 25 years, Says IUCN Report Africa’s overall elephant population has seen the worst declines in 25 years, mainly due to poaching over the past ten years – according to IUCN’s African Elephant Status Report launched today at the 17th meeting of the Conference of the Parties to CITES, taking place in Johannesburg, South Africa. The report is an authoritative source of knowledge about the numbers and distribution of African elephant populations across their 37 range states in sub-Saharan Africa. It presents more than 275 new or updated estimates for individual elephant populations across Africa, with over 180 of these arising from systematic surveys. The report summarises – for the first time in almost a decade – elephant numbers at the continental, regional and national levels, and examines changes in population estimates at the site level. Based on population estimates from a wide range of sources – including aerial surveys and elephant dung counts – the estimates for 2015 are 93,000 lower than in 2006. However, this figure includes 18,000 from previously uncounted populations. Therefore, the real decline from estimates is considered to be closer to 111,000. The continental total is now thought to be about 415,000 elephants, although there may be an additional 117,000 to 135,000 elephants in areas not systematically surveyed. The surge in poaching for ivory that began approximately a decade ago – the worst that Africa has experienced since the 1970s and 1980s – has been the main driver of the decline, while habitat loss poses an increasingly serious, long-term threat to the species, according to the report. “These new numbers reveal the truly alarming plight of the majestic elephant – one of the world’s most intelligent animals and the largest terrestrial mammal alive today,” said IUCN Director General Inger Andersen. “It is shocking but not surprising that poaching has taken such a dramatic toll on this iconic species. This report provides further scientific evidence of the need to scale up efforts to combat

poaching. Nevertheless, these efforts must not detract from addressing other major and increasingly devastating threats such as habitat loss.” With over 70% of the estimated African elephants, Southern Africa has by far the largest number of the species – approximately 293,000 elephants in systematically surveyed areas. Eastern Africa holds about 86,000 (20%) estimated elephants, while Central Africa has about 24,000 estimated elephants (6%). West Africa continues to hold the smallest regional population with approximately 11,000 (under 3%). Eastern Africa – the region most affected by poaching – has experienced an almost 50% elephant population reduction, largely attributed to an over 60% decline in Tanzania’s elephant population. Although some sites have recorded declines, elephant numbers have been stable or increasing since 2006 in Uganda, Kenya, and Rwanda, and range expansion has been reported in Kenya. Central Africa’s forest elephant population has been substantially affected by poaching for ivory, since the 1990s. The Democratic Republic of Congo used to hold one of the most significant forest elephant populations in Africa, which has now been reduced to tiny remnants of its former size. Gabon and Congo now hold Africa’s most important forest elephant populations but both have been affected by heavy poaching in recent years, as have the forest and savannah populations of Cameroon. The savanna populations of Chad have taken heavy losses and those in the Central African Republic have almost completely disappeared. West Africa’s elephant populations are mostly small, fragmented and isolated with 12 populations reported as lost since 2006 in Côte d’Ivoire, Ghana, Guinea Bissau, Sierra Leone, Togo, Guinea and Nigeria. The elephant population in the trans-frontier “WAP” complex that straddles the border between Benin, Burkina Faso and Niger remains the strong-hold of West Africa’s elephant population.

L-R: Second Vice President of Nigeria Institution of Estate Surveyors and Valuers (NIESV), Mr. Emmanuel Okas Wike; the President and Chairman of Council, NIESV, Dr. Bolarinde Patunola Ajayi; his wife, Mrs. Olayinka Bolarinde Ajayi; first Vice President, Rowland Abonta; and National Treasurer, Mrs. Toyin Agbalaya, during the investiture ceremony of Dr. Bolarinde Ajayi as the 22nd President and Chairman of Council held at Civic Centre, Victoria Island, Lagos… recently

Mercury is Dangerous to AfDB President Adesina Calls for Bold Action to Light-up Environment, Says Confab Mercury is recognised as a Government, medical/dental, Africa chemical of global concern due to its ability to transport in the atmosphere, bio-accumulate in ecosystems and significant negative effect on human health and the environment. This is contained in the communiqué issued at the end of a two-day workshop on ‘Phase Down of Amalgam-The Alternatives,’ to mark its 10th annual scientific conference of the Faculty of Dental Sciences, College of Medicine, University of Lagos, recently. During the meeting, participants observed that the Minamata Convention on Mercury, signed by Nigeria in October 2013, stipulates measures to be taken by parties to phase down the use of dental amalgam in oral health. They also noted the low level of awareness among Nigerians on the dangers of mercury; the continued and wide usage of dental amalgam in Nigeria; limited number and distribution of dental clinics and centres to provide services for the nation’s teeming population; and the inadequate number of dentists and other auxiliary personnel to provide dental services to patients. Other observations were that alternative direct restorative materials, such as composite, compomer and ceramics could be used for restoration of carious and posterior teeth based on specific selection criteria and indications. Also, that most government pediatric dentistry units have long stopped the usage of dental amalgam also due to other associated reasons. The forum brought together over 140 participants drawn from

dental associations, practitioners (doctors, nurses, technicians, therapist etc), academia, finance, pharmaceutical industry, media and civil society groups, among others, and deliberated on phasing down of dental amalgam use in Nigeria. In his opening words, Dean, Faculty of Dental Sciences, College of Medicine, University of Lagos, Prof. Godwin Arotiba said, the phasing down of dental amalgam is an issue of global importance that requires an urgent national action. He further noted that a road map for dental amalgam phase down for Nigeria Dental institutions; draft action plan for mercury free dentistry implementation are expected as outcomes of the conference’. The Minister of Education, Mallam Adamu Adamu, represented by Mrs. Stella Olagunju, commended the organisers on a very important topical issue on the phase down of Dental Amalgam and stated the willingness of her ministry to accept the decision on dental curriculum change in Nigeria with emphasis on phasedown from dental amalgam use to Mercury-free alternatives into the National education curriculum. On the other hand, the Vice Chancellor of the University of Lagos, Prof. Salman Bello, represented by Prof. B.O. Sylva, noted that the Faculty of Dental Sciences remains the pioneer Dental Institution in Nigeria and as a centre of excellence in dental practice, it is more strategic to the promotion of Dental amalgam phasedown initiatives for dental practice in Nigeria.

African Development Bank President Akinwumi Adesina called for bold action to light up Africa within the next ten years. “Ten years is the timeframe. We need to take Africa out of the darkness. Period,” Adesina told a panel discussion in New York, recently. Adesina was participating in a panel discussion on “How Energy Can Spark Global Prosperity” organized during the Clinton Global Initiative Annual Meeting in New York. Adesina shared the stage with Nancy Pfund, Founder and Managing Partner of DBL Partners, a venture capital firm; and Wanjira Mathai, Director, Partnerships for Women’s Entrepreneurship in Renewables (wPOWER), at the Wangari Maathai Institute. The discussion was moderated by Elizabeth Littlefield, President and CEO of the Overseas Public Investment Corporation. The audience included policymakers, entrepreneurs and investors as well as members of civil society. Adesina highlighted the urgency to bring energy to the millions of people who do not have access to it. The problem of access to energy is well documented. Of the 1.3 billion people who do not have access to electricity in the world, more than 600 million live on the African continent. “Africa is just tired of being in the dark,” Adesina told the audience. Lack of energy is one of the major impediments to economic growth, which in

turns make it difficult for young people to get the jobs they need. In addition, it can be a source of serious public health problems. It is estimated that around 600,000 Africans, mostly women, die each year as a result of household air pollution. “It does not make sense for a woman to die just to cook a decent meal,” Adesina said. New Deal on Energy The AfDB launched a New Deal on Energy for Africa, which outlines the solutions to Africa’s energy problems in a rapidly changing technological and economic landscape. The Bank will invest US $12 billion in different energy projects for the next five years, and will leverage about US $50 billion from the private sector. To deal with a problem of this scale, Adesina called for a comprehensive approach. “There is no dichotomy between on-grid and off-grid solutions,” he said. The New Deal on Energy takes a holistic view of the sector’s needs. The Bank is planning to put in place a Facility for Energy Inclusion, which will address the spectrum of projects (on-grid and off-grid). The facility will increase the flow of private capital to the sector and address the barrier of accessing finance. “Money is not the only problem”, Adesina noted. He also called for an enabling environment and the right incentives for the private sector to invest.

T H I S D AY •TUESDAY, NOVEMBER 1, 2016

BUSINESS/MONEYGUIDE

Skye Bank Sacks 50 Employees, Outsourced Staff Obinna Chima Skye Bank Plc has relieved a total of 50 of its employees as well as outsourced staff of their appointments. Although the number of the affected non-core staff were not stated since they are not direct employees of the bank, the reasons for the exit, it was gathered ranged from performance, disciplinary issues as well as right sizing. It was gathered that most of

those affected were Staff in Outsourced Functions (SOF) comprising tellers, drivers and internal security guards. Some of those affected, THISDAY learnt were also made to face the disciplinary committee of the bank due to their misconduct. The management of the bank it was learnt has also approved payment of the entitlement and severance packages to those affected as contained in their engagement letter and as agreed with the workers union.

“ The bank thanked the affected staff and expressed its appreciation for their work while in the employment of the organisation,” Skye Bank said in a statement last night. “Part of the mandate of Skye Bank’s re-constituted board is to run a lean and efficient organisation; control cost; aggressively recover debts owed by debtors and grow deposit liabilities and shore the liquidity position of the bank,” it added.

CBN: Financial Literacy Now Compulsory in Basic Education James Emejo in Abuja The Central Bank of Nigeria (CBN) yesterday said its efforts at inculcating financial literacy in youths at their tender age had come to fruition with the introduction of financial education as compulsory subject in the curriculum of both primary and secondary education. It added that the feat was made possible working with the Federal Ministry of Education, which facilitated the entire process. Speaking to students of Government Secondary School, Suleja, Niger State at the commencement of activities to mark this year’s World Savings Day celebration, CBN Head, Consumer Education in the Consumer Protection

Department, Hajia Khadijah Kassim said the apex bank had been able to prevail upon relevant education authorities to embed financial education in the academic programme of primary and secondary schools. She said the introduction will fast track the bank’s target to expand financial literacy to all segments of national life. She added that over 200 schools are being mentored by the CBN on the importance of saving as part of the World Savings Day celebration.The mentoring programme “will enable school children make sound financial decisions,” she noted. Kassim added that the primary objective was to increase awareness on financial literacy

among various segments of the general public to sensitize them on the importance of Savings, earning a livelihood, inculcate savings habit, employment and entrepreneurship for personal and national development. She said the consumer protection department of the CBN in collaboration with the financial sector regulators, the bankers’ committee, Microfinance banks and institutions, various nongovernmental organizations and other stakeholders “are commemorating this global event to raise awareness on the importance of Savings by implementing an outreach mentoring programme in over 200 schools spread across the six ego-political zones.”

External Reserves Falls to $23.948 Billion Obinna Chima Nigeria’s external reserves diminished by 2.8 per cent in one month to $23.948 billion as at October 27, 2016, compared with the $24.615 billion it was as at September 27, 2016. The latest external reserves position released by the Central Bank of Nigeria (CBN) showed that the reserves derived mostly from the proceeds of crude oil sales fell by $667 million in the last one month, as the country’s earnings continued to shrink. In spite of the recent appreciation of crude oil price in the global market, quantity shock impacted negatively on allocation to the three tiers of

government for the month of September was shared about a fortnight ago as the spate of attacks on oil installations and pipeline vandalism showed no sign of abating.From N510.270 billion shared by the three tiers of government for August allocations, the sum of N420 billion was approved for sharing at the Federation Account Allocation Committee (FAAC) meeting in Abuja recently, indicating a decline of N90.2 billion. The Permanent Secretary, Federal Ministry of Finance, Dr. Mahmoud Isa-Dutse had stated that there was a decrease of oil for export in the month of June by 1.15 million barrels due to attacks on oil assets.

President Muhammadu Buhari last week wrote the National Assembly seeking approval to borrow $29.96 billion under the External Borrowing (Rolling) Plan to address the infrastructure deficit in the health, education, water resources and other sectors. The president’s letter, which was read at plenary by the Speaker of the House of Representatives, Yakubu Dogara, indicated that the $29.96 billion would be for proposed projects and programmes loan of $11.274 billion, $10.686 billion for special national infrastructure projects, Eurobonds of $4.5 billion, and federal government budget support of $3.5 billion.

Elumelu: Entrepreneurship, the Only Path to Independence, Sustainability At the annual gathering of African entrepreneurs, held in Lagos at the weekend, the founder of the Tony Elumelu Foundation (TEF), Mr. Tony Elumelu reiterated that entreprenuership remains the only path to independence and sustainability. The event hosted almost 1,000 women and men from 54 African countries at the second TEF Entrepreneurship forum. The forum celebrated the 2016 cohort of Elumelu Entrepreneurs, selected from over 45,000 applicants and each of the 1,000 entrepreneur was eligible to receive up to $10,000 to implement their business plan. In his keynote address, Elumelu said: “I salute those here, our ambition is that you become ambassadors for entre-

preneurship in Africa – you are a generation of wealth creators, who share our commitment to the economic and social transformation of Africa. “Let me tell you about Momarr Mass Taal, the CEO of Tropingo Foods, who has turned his first $5,000 seed capital received from the Foundation last year, into a $1.2 million revenue business. I want many more of these! However, as excited as I am about the 2,000 entrepreneurs that we have selected, this gathering is in some ways bittersweet, as I reflect on the 63,000 ideas we were unable to select – our commitment is to all entrepreneurs in Africa.” Elumelu challenged all stakeholders from the public and private sectors, civil society, multilateral organisations and all individuals invested in Africa’s

economic development to join hands with the Foundation to support the wider African entrepreneurial community. “We need to support our entrepreneurs because extreme poverty and economic opportunity rarely coexist in the same place.” He also announced partnerships with regional institutions such as the African Development Bank, ECOWAS, and others including Coca Cola, the International Trade Centre, Nigerian Ministry of Information, Culture and Tourism and Côte d’Ivoire Ministry of Entrepreneurship. The two-day forum gave entrepreneurs the opportunity to share and gained knowledge, built cross-border partnerships and connected with investors and policymakers.

Broad street

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

JUNE 2016 Broad Money (M2)

21,684,965.22

-- Narrow Money (M1)

9,125,933.16

---- Currency Outside Banks

1,379,187.93

---- Demand Deposits

7,746,745.22

-- Quasi Money

12,559,032.07

Net Foreign Assets (NFA)

7,105,663.47

Net Domestic Assets(NDA)

14,579,301.76

-- Net Domestic Credit (NDC)

24,318,143.03

---- Credit to Government (Net)

2,893,190.01

---- Memo: Credit to Govt. (Net) less FMA

2,893,190.01

---- Memo: Fed. and Mirror Accounts (FMA)

-2,111,487.25

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

5,370,199.87

--Currency in Circulation

1,684,725.89

--Banks Reserves

3,685,473.98 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY, 28 OCTOBER 2016 The price of OPEC basket of fourteen crudes stood at $47.04 a barrel on Friday, compared with $47.23 the previous day, according to OPEC Secretariat calculations. The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY • TUESDAY NOVEMBER 1, 2016

Nigeria’s top 50 stocks based on market fundamentals

31-Oct-16

28-Oct-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

175.00

0.00%

2,982,088,795,875.00

9.56

18.30

5.51

4.57%

4.38

02 Nigerian Breweries Plc

146.13

146.00

0.09%

1,158,679,512,763.44

4.50

32.48

3.86

2.47%

7.11

03 Guaranty Trust Bank Plc

23.50

23.85

-1.47%

691,632,711,764.00

4.90

4.87

1.75

7.42%

1.43

795.00

791.00

0.51%

630,161,720,340.00

19.41

40.75

3.78

3.67%

17.82

05 Zenith Bank Plc

14.70

14.90

-1.34%

461,528,458,654.20

3.91

3.81

0.98

12.08%

0.67

06 Lafarge Africa Plc

47.50

50.00

-5.00%

216,357,835,975.00

-6.71

-7.45

1.02

6.00%

1.63

380.00

0.00%

210,257,918,940.00 -14.43

-26.33

2.25

4.19%

0.56

08 Ecobank Transnational Incorporated

10.71

10.50

2.00%

196,523,693,512.65

0.23

45.70

0.36

5.90%

0.32

09 Unilever Nigeria Plc

50.00

0.00%

189,164,812,500.00

0.69

72.24

2.85

0.10%

20.16

10 Presco Plc

43.85

0.00%

174,105,418,423.25

0.03 1,499.67

2.44

2.96%

4.16

11 Stanbic IBTC Holdings Plc

17.00

0.00%

170,000,000,000.00

2.04

8.35

1.44

0.59%

1.51

5.65

5.70

-0.88%

163,443,039,715.15

2.56

2.23

0.48

9.65%

0.38

120.00

120.02

-0.02%

156,297,732,360.00

3.31

36.30

1.01

2.87%

3.62

4.25

4.26

-0.23%

154,187,986,868.50

1.75

2.65

0.50

12.99%

0.39

15 Guinness Nig Plc

80.00

0.00%

120,471,055,040.00

-1.34

-59.76

1.18

4.00%

2.89

16 Total Nigeria Plc

345.00

329.99

4.55%

117,135,033,765.00

31.13

10.60

0.46

4.24%

5.31

3.00

3.03

-0.99%

107,685,878,376.00

0.21

14.60

0.20

4.95%

0.17

150.86

158.80

-5.00%

96,639,462,162.18

3.75

42.36

1.14

1.39%

3.94

6.20

6.25

-0.80%

74,400,000,000.00

1.05

5.95

0.62

8.00%

1.26

190.00

0.00%

68,513,099,780.00

17.69

10.74

0.83

3.79%

3.99

19.92

19.40

2.68%

65,621,445,657.60

0.17

111.21

2.56

1.29%

5.18

4.94

5.20

-5.00%

59,451,017,336.36

-3.46

-1.50

0.33

14.42%

0.45

23 Julius Berger Nig. Plc

38.00

0.00%

50,160,000,000.00

0.24

156.96

0.48

3.95%

2.24

24 Flour Mills Nig. Plc

19.08

19.52

-2.25%

50,070,445,527.96

6.81

2.87

0.13

10.25%

0.51

25 Okomu Oil Palm Plc

43.05

41.00

5.00%

41,065,825,500.00

4.60

8.92

3.18

0.24%

2.51

26 U A C N Plc

19.55

18.68

4.66%

37,552,898,765.85

2.44

7.66

0.50

5.35%

0.49

27 Transnational Corporation Of Nigeria Plc

0.91

1.00

-9.00%

35,236,107,656.75

-0.37

-2.68

0.86

0.00%

0.51

28 Sterling Bank Plc

0.90

0.91

-1.10%

25,911,376,313.40

0.31

2.95

0.25

9.89%

0.31

29 Fidelity Bank Plc

0.88

0.89

-1.12%

25,487,075,408.96

0.39

2.28

0.18

17.98%

0.14

30 Cadbury Nigeria Plc

12.95

13.60

-4.78%

24,322,716,418.00

0.50

27.24

0.91

9.56%

2.50

31 Diamond Bank Plc

1.04

1.09

-4.59%

24,086,804,526.72

0.11

9.88

0.12

0.00%

0.11

33.75

0.00%

23,625,000,000.00

2.28

14.77

3.54

3.41%

13.80

33 Custodian And Allied Insurance Plc

3.88

3.71

4.58%

22,821,633,076.60

0.76

4.88

0.65

3.77%

0.78

34 Wema Bank Plc

0.58

0.61

-4.92%

22,373,190,327.56

0.06

10.24

0.46

0.00%

0.50

35 National Salt Co. Nig. Plc

8.00

0.00%

21,195,507,024.00

0.85

9.42

1.13

6.88%

2.87

36 FCMB Group Plc

1.06

1.09

-2.75%

20,990,873,427.86

0.61

1.78

0.13

9.17%

0.12

37 Mansard Insurance Plc

1.93

0.00%

20,265,000,000.00

0.27

7.11

1.05

2.59%

0.96

38 Glaxo Smithkline Consumer Nig. Plc

14.92

0.00%

17,842,477,200.96

-2.54

-5.87

0.61

2.01%

1.95

39 PZ Cussons Nigeria Plc

17.50

16.50

6.06%

17,500,000,000.00

5.69

2.90

1.15

0.61%

0.44

40 Continental Reinsurance Plc

1.09

1.01

7.92%

11,306,291,300.08

0.33

3.07

0.51

11.88%

0.54

41 Honeywell Flour Mill Plc

1.19

1.18

0.85%

9,436,935,213.02

-0.40

-2.92

0.19

13.56%

0.57

42 Skye Bank Plc

0.57

0.59

-3.39%

7,911,771,803.70

-2.93

-0.20

0.05

50.85%

0.08

43 Unity Bank Plc

0.63

0.65

-3.08%

7,364,282,903.46

-0.10

-6.34

0.12

0.00%

0.09

44 Wapic Insurance Plc

0.50

0.51

-1.96%

6,691,369,126.00

0.11

4.72

0.90

5.88%

0.44

45 Cement Co. Of North.Nig. Plc

5.23

0.00%

6,572,424,716.18

0.44

11.81

0.59

1.91%

0.61

46 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

4.68

0.11

0.02

0.00%

1.89

47 UACN Property Development Co. Limited

3.25

0.00%

5,585,937,483.75

-0.05

-62.33

1.66

21.54%

0.16

48 AIICO Insurance Plc

0.63

0.58

8.62%

4,366,028,822.40

0.26

2.22

0.12

8.62%

0.43

49 Nigerian Aviation Handling Company Plc

2.57

2.70

-4.81%

4,174,242,187.50

0.15

17.51

0.55

7.41%

0.71

50 Fidson Healthcare Plc

1.27

0.00%

1,905,000,000.00

0.31

4.14

0.28

3.94%

0.30

04 Nestle Nigeria Plc

07 Seplat Petroleum Dev. Co. Ltd

12 Access Bank Plc 13 Forte Oil Plc. 14 United Bank for Africa Plc

17 FBN Holdings Plc 18 7-Up Bottling Comp. Plc 19 Dangote Sugar Refinery Plc 20 Mobil Oil Nig Plc 21 International Breweries Plc 22 Oando Plc

32 Cap Plc

TOTAL

8,815,832,710,741.04

TOTAL MARKET CAP

9,349,564,994,912.28

% OF MARKET CAP Annotation - MA* = Simple Moving Average

994.29%

Table 1 Market Statistics Mkt Indicators

Open 28-Oct-16

NSE All Share Index NSE Market Cap (N'Trillion)

27,294.21 9.38

27,220.09 9.35

-0.27 -0.27

113.58 8.84

113.22 8.82

-0.32 -0.32

Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Close 31-Oct-16

Change %

Table 3 Top 5 Gainers Stock

Open Close Change 28-Oct-16 31-Oct-16 %

AIICO Insurance Plc Continental Reinsurance Plc PZ Cussons Nigeria Plc Okomu Oil Palm Plc U A C N Plc

0.58 1.01 16.50 41.00 18.68

0.63 1.09 17.50 43.05 19.55

8.62 7.92 6.06 5.00 4.66

Table 4 Top 5 Losers Stock

Open Close Change 28-Oct-16 31-Oct-16 %

Transnational Corporation Of Nigeria Plc Lafarge Africa Plc 7-Up Bottling Comp. Plc Oando Plc Wema Bank Plc

1.00

0.91

-9.00

50.00 158.80 5.20 0.61

47.50 150.86 4.94 0.58

-5.00 -5.00 -5.00 -4.92

Week begins on a negative note as ASI declines 0.27% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, October 31st, 2016 ended on a positive note as the stock market closed green today. This was further highlighted by negative performances from the NSE Sub sectors: Banking, Insurance and Oil & Gas (Save Consumer Goods). Trading activities increased in volume as 219.90 million shares worth of N1.87 billion in 3,955 deals exchanged hands today. This is an increase from the 148.45 million shares worth of N1.08 billion in 2,073 deals which exchanged hands on Friday. Topping in volume terms were Fidelity Bank Plc, Access Bank Plc and Transnational Corporation Of Nigeria Plc, while Seplat Petroleum Dev. Co. Ltd and Guaranty Trust Bank Plc ended trading as the most active stocks in value terms. The All Share Index (NSEASI) closed negative with 0.27% (-74.12) decrease to close at 27,220.09 from 27,294.21 the previous trading day. Market Capitalization depreciated in tandem to N9.38 trillion from N9.38 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with a decrease of 0.32% to close at 113.22 from 113.58 recorded at the end of the previous trading day, while its market capitalization stood at 8.82 trillion from 8.84 trillion of the previous trading day. A total number of 24 stocks gained on the bourse today while 11 stocks declined, 64 leaving stocks unchanged. AIICO Insurance Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 8.62% to close at N0.63 per share. It was followed by Continental Reinsurance Plc with a gain of 7.92% to close at N1.09 per share. Others on the gainers list include: PZ Cussons Nigeria Plc, Okomu Oil Palm Plc and U A C N Plc; while on the decliners’ list, Transnational Corporation Of Nigeria Plc with a loss of 9.00% to close at N0.91 per share. It was followed by Lafarge Africa Plc with a loss of 5.00% to close at N47.50 per share. Others on the decliners list include: 7-Up Bottling Comp. Plc, Oando Plc and Wema Bank Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

T H I S D AY •TUESDAY,NOVEMBER 1, 2016

MARKET NEWS

Oando Posts 26% Growth in Turnover, Reduces Loss to N35.9bn Goddy Egene and Nosa Alekhuogie Oando Plc yesterday announced a growth of 26 per cent in revenue to N330 billion for the nine months ended September 30, 2016, from N262 billion in the corresponding period of 2015. However, the company ended the period with a loss of N35.886 billion, which is lower than the loss of N47.631 billion in the

corresponding period of 2015. Commenting on the results, Group Chief Executive, Oando Plc, Mr. Wale Tinubu, said: “The third quarter witnessed the Federal Government of Nigeria establish a ceasefire with the militants responsible for production disruptions in the Niger Delta, leading to stabilised daily productions from our assets and expectations of imminent increases to our 2015

production highs of 56kbbls/day. We have also been proactive in our cost management initiative to ensure maximised value extraction for every barrel of oil produced as the global oil price still lingers below $50/bbl. We are pleased to have executed a sales and purchase agreement (SPA) with Helios Investment partners for $116 million, representing 49 per cent legal voting rights in the company’s

midstream business, of which the proceeds of the divestment will be utilised towards the company’s debt restructuring initiative. Our trading business has grown significantly this year having exported over 11 cargoes of crude with volumes exceeding 11mmbbls and an additional 31 cargoes of other oil based products year to date. Our business model of dollar denominated earnings is taking

shape as evidenced from the increased revenue line (95% increase) and future increases from the Upstream business through increased daily production rates and export trading businesses through increased lifting’s, with a focus to return our business to profitability by year end.” Market analysts have said that the slump in global oil prices continues to have far-reaching

implications on indigenous companies such as Oando. In Nigeria, oil companies are faced with an even more challenging environment including; production disruptions by militant activities in the Niger Delta. Oando witnessed a 22.7 per cent decrease in oil production from 53,169 boe/day in Q3, 2015 to 41,094 boe/day in Q3, 2016. Seplat Nigeria recorded a N24.1 billion loss in Q3, 2016.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

TUESDAY, NOVEMbEr 1, 2016 • T H I S D AY

MARKET NEWS

Unilever Posts N49bn Turnover, N1.56bn Profit After Tax Goddy Egene Unilever Nigeria Plc has reported improved performance for the nine months ended September 30, 2016 despite the challenging period. The company recorded a turnover and profit after tax of N49.87 billion and N1.56 billion respectively with improvements across board against prior year. Consistent improvements in performance over the last four quarters demonstrate the company’s continued

resilience under tough operating conditions. Specifically, Unilever posted a turnover of N49.871 billion, up from N42.699 billion in 2015. Cost of sales increased by 26.4 per cent to N35.17 billion for the period ended 30th September 2016 from N27.8 billion recorded in the corresponding period in 2015 However, there was 11.7 per cent reduction in marketing and administration expenses from N10.6 billion in 2015 to N9.3 billion for the

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

corresponding period in 2016. The results include the impact of devaluation of the Naira Similarly, net finance costs reduced by 26 per cent to N1.6 billion for the nine months ended September 30, 2016 compared to N2.1 billion reported for the corresponding period in 2015. The results show that net finance cost as a function of operating profit improved significantly to 51 per cent, compared with 92 per cent in 2015, reflecting improvements in cash management.

floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 28-Oct-2016, unless otherwise stated.

Profit before tax jumped to N1.50 billion, from N201 million in 2015, while profit after tax soared from N141 million to N1.567 billion in 2016. Commenting on the results, Unilever said: ”The operating environment appeared even more turbulent as trading conditions remained difficult in the third quarter of 2016 amidst rising costs, increase in interest rates, foreign exchange illiquidity and pressure on consumers’ disposable income. However, we have

continued to navigate the challenging operating terrain through dynamic planning and optimisation of resources.” Before now, Unilever had assured shareholders of continued focus on key business drivers to ensure sustained growth in the company’s operations to improve returns on shareholder investments. “Although the challenges in the operating environment are yet to abate, we have continued to see sustained momentum behind recent cost and

operating efficiency initiatives taken by management. We remain focused on driving cost & operating efficiencies, growing market share across key categories and reinvesting behind our core brands,” the company had said. Based on the nine months results, some market operators said shareholders should expect higher dividend at the end of 2016 year. Unilever had paid a dividend of N189.2 million that translated to five kobo per share for the 2015 financial year.

Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Afrinvest Equity Fund 125.13 Nigeria International Debt Fund 216.76 ALTERNATIVE CAPITAL PARTNERS LTD Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price ACAP Canary Growth Fund 0.69 AIICO CAPITAL LTD Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price AIICO Money Market Fund ARM INVESTMENT MANAGERS LTD Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name ARM Aggressive Growth Fund ARM Discovery Fund ARM Ethical Fund ARM Money Market Fund AXA MANSARD INVESTMENTS LIMITED Web: www.axamansard.com; Tel: +2341-4488482 Fund Name AXA Mansard Equity Income Fund AXA Mansard Money Market Fund CHAPELHILL DENHAM MANAGEMENT LTD Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Nigeria Global Investment Fund Paramount Equity Fund Women's Investment Fund FBN CAPITAL ASSET MANAGEMENT LTD Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name FBN Fixed Income Fund FBN Heritage Fund FBN Money Market Fund FBN Nigeria Eurobond (USD) Fund - Institutional FBN Nigeria Eurobond (USD) Fund - Retail FBN Nigeria Smart Beta Equity Fund FIRST CITY ASSET MANAGEMENT LTD Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Legacy Equity Fund Legacy Short Maturity (NGN) Fund FSDH ASSET MANAGEMENT LTD Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Coral Growth Fund

100.00

aaml@afrinvest.com Offer Price Yield / T-Rtn 125.86 12.04% 217.76 8.32% info@acapng.com Offer Price Yield / T-Rtn 0.70 11.84% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

16.18%

enquiries@arminvestmentcenter.com Bid Price 12.55 289.62 22.64

Offer Price 12.93 298.36 23.32

Yield / T-Rtn 2.96% 3.62% 2.67%

1.00

13.11%

investmentcare@axamansard.com Bid Price 101.37

Offer Price 102.01

Yield / T-Rtn 1.69%

1.00 1.00 13.93% investmentmanagement@chapelhilldenham.com Bid Price 2.08 9.30

Offer Price 2.13 9.54

Yield / T-Rtn 2.18% -5.61%

82.75

84.87

2.02%

invest@fbnquest.com Bid Price 1,072.13 110.66 100.00 $101.79 $101.67 112.77

Offer Price 1,073.19 111.21 100.00 $102.52 $102.40

Yield / T-Rtn 4.65% 4.92% 12.67% 5.59% 5.47%

114.30

13.54%

fcamhelpdesk@fcmb.com Bid Price 0.93 2.51

Offer Price Yield / T-Rtn 0.95 3.30% 2.51 8.08% coralfunds@fsdhgroup.com

Bid Price 2,208.71

Offer Price 2,235.04

Coral Income Fund 2,051.83 INVESTMENT ONE FUNDS MANAGEMENT LTD Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price

Yield / T-Rtn 1.54%

2,051.83 8.47% enquiries@investment-one.com Offer Price

Yield / T-Rtn

Vantage Guaranteed Income Fund

1.00

15.00%

Vantage Balanced Fund

1.64

1.66

0.76%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 0.99 1.01 11.31% Lotus Halal Fixed Income Fund 991.68 991.68 -0.83% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: www.meristemwealth.com ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.60 9.69 -1.83% Meristem Money Market Fund 10.00 10.00 13.88% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.03 1.05 4.76% PACAM Fixed Income Fund 10.29 10.33 3.07% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 107.20 107.95 5.23% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.22 1.22 8.35% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,824.05 1,834.82 8.62% Stanbic IBTC Bond Fund 152.10 152.10 3.41% Stanbic IBTC Ethical Fund 0.80 0.81 7.33% Stanbic IBTC Guaranteed Investment Fund 181.32 181.32 6.85% Stanbic IBTC Iman Fund 136.98 138.69 1.23% Stanbic IBTC Money Market Fund 100.00 100.00 15.99% Stanbic IBTC Nigerian Equity Fund 7,733.82 7,837.02 7.61% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.14 1.16 8.10% United Capital Bond Fund 1.26 1.26 16.21% United Capital Equity Fund 0.68 0.70 -7.53% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.67 9.84 1.37% Zenith Ethical Fund 11.21 11.31 -2.16% Zenith Income Fund 16.65 16.65 3.82%

REITS

NAV Per Share

Yield / T-Rtn

11.58 115.20

3.99% -0.56%

Bid Price

Offer Price

Yield / T-Rtn

8.89 77.86

8.99 79.34

-7.17% -6.44%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS

Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697

Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.67 7.27 12.41 17.01 129.49

2.71 7.35 12.51 17.21 131.49

15.45% 13.69% -1.11% -11.39% -

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY NOVEMBER 1, 2016 T H I S D AY

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

INTERNATIONAL FBI Obtains Warrant to Search Clinton Newly Discovered Emails

email:foreigndesk@thisdaylive.com

The FBI has obtained a warrant to search the emails found on a computer used by former congressman Anthony Weiner that may contain evidence relevant to the investigation into Hillary Clinton’s private email server, according to law enforcement officials. One official said the total number of emails recovered in the investigation into Weiner (D-N.Y.) is close to 650,000, but

that reflects many emails that are not related to the Clinton investigation. But officials familiar with the case said that the messages include a significant amount of correspondence associated with Clinton and her top aide, Huma Abedin, Weiner’s estranged wife. FBI agents investigating Clinton’s use of a private email server while secretary of state knew early this month that messages recovered in a

Three Turkish Soldiers, 13 PKK Militants Killed in Clashes Three Turkish soldiers and 13 Kurdistan Workers Party (PKK) militants were killed yesterday during clashes in Turkey’s largely Kurdish southeast, security sources said. Turkish soldiers were on an operation in the Daglica district of Hakkari province, which borders Iraq, when clashes broke out, leaving three of the soldiers and four militants dead, the sources said. One Turkish soldier was also wounded, they added. Nine more PKK militants were killed and four were severely wounded in an operation in the Hisar region of Hakkari, security sources

said. The Turkish military said earlier this month that a total of 463 militants had been killed in military operations in the Hakkari province. An operation is being carried out in the region to root out the militants with aerial and gendarmerie support, the sources said. Turkey’s southeast has been rocked by violence following the collapse of a 2-1/2-year ceasefire between the state and the PKK in July of last year. In security operations over the past week, 28 PKK militants were “neutralized”, the Interior Ministry said on Monday.

separate probe might be germane to their case, but they waited weeks before briefing the FBI director, according to people familiar with the case. The director, James B. Comey, has written that he was informed of the development Thursday, and he sent a letter to legislators the next day letting them know that he thought the team should take “appropriate

investigative steps designed to allow investigators to review these emails.” That missive ignited a political firestorm less than two weeks before the election. Almost instantly, Comey came under intense criticism for his timing and for bucking the Justice Department’s guidance not to tell Congress about the development. And his announcement

means that Clinton could have to contend with the news that the FBI has resumed its investigation of her use of a private email server — without any clarity on whether its investigators will find anything significant — up to and beyond Election Day. People familiar with the case said that agents on the Clinton email team had known about the messages since soon after New

York FBI agents seized a computer related to their investigation into Weiner, who has been accused of exchanging explicit messages with a 15-year-old girl. Officials said the agents probing Clinton’s private email server did not tell the director immediately because they were trying to better assess what they had.“It’s a stepby-step process,” said one senior law enforcement official.

Venezuela Govt, Opposition Agree to Maintain Talks Government and opposition leaders in Venezuela yesterday agreed to continue a Vatican-backed dialogue following initial talks meant to ease an escalating political standoff taking place against the backdrop of a worsening economic crisis. The two sides, which over the years have repeatedly held talks that generated few concrete results, will meet again on Nov. 11, according to the opposition Democratic Unity coalition. “We are here to defend the Venezuelan people, to defend the people’s right to escape this crisis through peaceful means,” the coalition said after the meeting,

which stretched from late Sunday into dawn on Monday. The meeting included an envoy from the Vatican, which helped bring the two sides to the table, as well as three former heads of state. A papal envoy said the Pope is closely following the situation and hopes the process will proceed peacefully. President Nicolas Maduro’s adversaries accuse him of creating a dictatorship by blocking a recall referendum on his rule and of illegally overriding the legislature, which was taken over by the opposition in a landslide election last year.

The opposition insists the government allow a recall referendum on the unpopular Maduro’s rule, release dozens of jailed opposition activists and respect Congressional decisions. Maduro, who is struggling to control shortages of consumer goods and soaring prices in an unraveling socialist economy, says he is a victim of opposition conspiracies to overthrow him and of an “economic war” led by businesses with the backing of Washington. Coalition spokesman Jesus Torrealba said early Monday that dialogue cannot continue without

“concrete and immediate action in the coming days with respect to the release of political prisoners.” Four major opposition parties have joined the talks. The influential Popular Will party, led by jailed former mayor Leopoldo Lopez, did not join, insisting the government had not shown enough respect for human rights. The two sides will create four commissions to continue discussing specific issues. Congress is currently conducting a largely symbolic trial of Maduro to declare him politically responsible for the country’s crisis and formally declare th at he has violated democratic principles.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

NEWSEXTRA

Kachikwu: New Gas Terms for PSCs out by Year End Penalties for gas flaring to also increase

Chineme Okafor in Abuja The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has disclosed that the long awaited terms that will provide business clarity around Production Sharing Contract (PSC) gas will be out for use before the end of 2016. Kachikwu also said the federal government has developed a draft national gas policy to be passed to stakeholders for consultation before its finalisation. He said within the policy, new and improved penalties for gas flaring would be adopted to discourage flaring and wastage. The minister spoke at the 2016 edition of the Nigerian Gas Association (NGA) annual conference and exhibition in Abuja, and explained that the government plans prioritise gas as a stand-alone business, separate from oil, in the new policy. Kachikwu said the new PSC gas terms was designed to ensure robust gas production and supply growth over a long-term period for the country. According to him, government will also clear the bottlenecks in gas production and utilisation as reported in the Petroleum Act, and discourage Greenfield investments without clear-cut plans for gas. “Government has developed a draft national gas policy which will be released later today to stakeholders for consultation.

“The draft gas policy promotes a competitive business environment for both current and new investors, it articulates our vision for the sector and sets policy goals, strategies and implementation plans for our medium to long term targets for gas,” Kachikwu said. He added: “In order to ensure robustness in gas supply over a long-term, the following initiatives will be pursued - gas terms for PSCs will be produced before the end of 2016, exploration and development of new gas supply sources from inland and offshore basins will be actively encouraged, a national gas flare commercialisation plan will commence in the first quarter 2017.” The minister explained that government plans to make Nigeria an attractive gas based industrial nation, with specific attention on meeting local gas demands and then developing a significant presence in the international market. “Emphasis is tilting towards local application. The priority of the government is the utilisation of natural gas for domestic needs with the power sector as key priority end user. “Demands from the industrial, commercial and transportation sectors will also be focused on,” Kachikwu noted. He however stated that the gas growth plan would be led by the private sector while the government would set the environment and

support investors with appropriate infrastructure to bring their projects to fruition. “Our policy challenge is therefore to develop a policy, the institutions and legal and regulatory frameworks that is attractive to private sector. “Over the years, we have really focused on oil and neglected gas, but having seen the recession today, it is clear to us that if we develop a two window of economic earnings, a lot of emphasis will move to gas,” the minister added. Providing more details into the draft policy, Kachikwu stated that there would be a lot of institutional reforms in the sector. He said it would address issues that are critical to government and investors such as gas flaring, pricing, wholesale gas market development

and basis for licensing activities throughout the gas value chain. “A simplified licensing regime will be introduced for different activities including but not limited to constructing and operating gas processing plants, liquefaction plants, gas storage facilities, transportation network operation and distribution networks and retail trading of gas. “There will be a liberalised entry into the midstream. In order to move the market towards wholesale competition, producers will be encouraged to focus their investments and activities more on the upstream while entering into the midstream will be liberalised and incentivised to allow private sector players to invest in process, transport and storage of gas,” he said. According to him: “The new

fiscal policy we are working on will make gas a stand-alone separate from oil and not consolidated on oil taxation. “Our intention is to retain the current pricing framework for a limited period. It will end when sufficient gas volumes are built up to a level that will underpin a competitive gas market. Under such condition, wholesale gas price will be market led.” He said on the planned increase of gas flaring penalty, “we will be increasing the gas flaring penalties to an appropriate level sufficient to de-incentivise the practice of gas flaring. Our focus really will not be on penalisation, we will seek quite frankly to simply stop it and not you throwing money at us.” In his welcoming remarks, NGA’s President, Mr. Bolaji

Osunsanya, said it was necessary for the government to begin to look towards private investors to raise fund for gas developments against its traditional self-reliance and on the International Oil Companies (IOCs). Osunsanya said: “Entrusting IOCs or the federal government to develop the required gas infrastructure worked to an extent in the past; now, the public and private sector must work hand-in-hand on future developments. “We should prioritise private sector-led investments while government restricts itself to the provision of securities and credit enhancements. Divestments, pledging currently owned tariff and cash flows, remain options for government to support the required capital mobilisation.”

PDP Asks FG Save Ondo from Imminent Crisis James Sowole in Akure Leaders of the Peoples Democratic Party (PDP) from the 18 local government areas of Ondo State yesterday called on the federal government to save the state from imminent crisis that the substitution of Mr. Eyitayo Jegede’s name as the candidate of the party with Dr Jimoh Ibrahim might cause. The Independent National Electoral Commission (INEC) had last week published Ibrahim as the candidate of the PDP for the November 26 gubernatorial election in the state sequel to the October 14 judgment of the Federal High Court in Abuja. Since the enforcement of the Justice Okon Abang’s order, there had been series of protests in the state and several meetings of various interest groups on the matter. Rising from a meeting yesterday, leaders of the party who met in Akure, the state capital, said the current situation was capable of disrupting the peace that the state had been enjoying in the last seven years. Addressing journalists after the meeting, the former Nigerian Ambassador to Greece, Prof. Olu Agbi, said the situation, if not reversed, would create unusual precedence in the nation’s democracy. Agbi, who was supported by the two other former Chairmen of the party in the state, Dr. Tayo Dairo and Dr. Lucas Gbakinro; former Minister of Education,

Dr Adewunmi Abitoye, and other leaders, said they did not want anything that would truncate the peace in the state. “What has happened was a deliberate attempt to disrupt the peace and tranquility that we are enjoying. “Sequel to the peace in the polity, the state had witnessed development in various sectors due to the multiplier effect because there had been no crisis. “There is no way we can do away with the 1983 experience. People who suffered then are still suffering. Many houses that were razed then were still there. “A society where there is no justice, there cannot be peace. Once the injustice is addressed, the peace would be sustained. “We believed that judiciary would not make a mockery of itself. We all saw what happened recently when residence of some judges including that of a Supreme Court were raided. “Before now, the office of judges are regarded as sacred. But that may not be the case now. “We all know that many people have lost confidence in the judiciary due to recent happenings. “ We are therefore appealing to the federal government and the judiciary to save the state from chaos,” he said. Agbi noted that since the advent of democracy in the country, parties had always been the one choosing their candidates for election and the position of Supreme Court was clear on this.

OIL & GAS MATTERS IN FOCUS

L-R:First Vice President, Nigerian Gas Association (NGA), Dada Thomas; and President, NGA, Bolaji Osunsanya; welcoming the Minister of State for Petroleum, Ibe Kachikwu, to the 10th international conference and exhibition in Abuja...yesterday

EFCC Re-arraigns Orji Kalu, Others for Alleged Money Laundering The Economic and Financial Crimes Commission (EFCC) yesterday rearraigned the former Abia State Governor, Mr. Orji Uzor Kalu, before a Federal High Court in Lagos on a 34-count charge of alleged money laundering. Also arraigned before the court, is one Mr. Udeh Jones Udeogu, and Kalu’s Slok Nigeria Limited. In the further amended charge marked FHC/ABJ/CR/56/07, the EFCC alleged that Kalu and other accused persons had between August 7, 2001 and December 2005, while Kalu was governor, used the said money to procure Slok Nigeria Limited, a company EFCC claimed to solely belong to Kalu and his family. The accused persons and one Emeka Abone, said to be at large, were also alleged to have between May 2002 and December 2005, conspired among themselves to launder fund illegally derived from the treasury of Abia State government.

They were also alleged to have aggregated several billions of naira amounting to N3.2 billion, property of Abia State government, knowing that the said amount formed parts of funds stolen from the treasury of the state government. The accused persons were alleged to have use Manny Bank, now Fidelity Bank Plc; Spring Bank Plc, the defunct Standard Trust Bank and Finland Bank, now First City Monument Bank (FCMB). In counts one to 10, Kalu was alleged to have between August 13, 2003 and August 10, 2005, while he was governor, procured Slok Nigeria Limited, the company which solely belongs to him and his family members; retained in his account domiciled with the Apapa branch of First Inland Bank Plc, the total sum of N2, 502, 600,000, which formed parts of funds Illegally derived from the treasury of Abia State government, through Manny

Bank (now Fidelity Bank Plc), which were converted into several bank drafts before they were paid into the account of Slok Nigeria Limited. And in counts 11 to 20, Slok Nigeria Limited and Abone, said to be at large, were also alleged to have between April 29, 2003 and August 10, 2005, retained in their accounts domiciled with the Apapa branch of First Inland Bank now First City Monument Bank, the total sum of N2.493 billion, on behalf of Kalu as governor and that the money formed parts of funds Illegally derived from the treasury of the state government, through Manny Bank now Fidelity Bank Plc. The alleged offences according to the prosecutor, Adeniyi Adebisi, are contrary to sections 17(c) 16, 14(1) (b)17(a) of the Money Laundering (Prohibition) Act 2003, and sections 427 of the Criminal Code Act Cap. 77, Laws of the Federation, 1990, and punishable under section 16

of the same Act. The accused persons, however, pleaded not guilty to the charge. Upon the plea of the accused persons, their lawyers, Chief Mike Ozekhome and Solo Akuma, all Senior Advocates of Nigeria (SANs), urged the court to allow their clients to continue with the bail term earlier granted them. Ozekhome informed the Justice Mohammed Idris led-court that their clients had earlier been arraigned before Justice Nyako, Adamu Bello, Uweh, all of Abuja Federal High Court, before they were re-arraigned again. The prosecutor, Adeniyi, did not opposed the submission of lawyers to the accused persons, but said his agency only interested in the trial of the accused persons. Consequently, Justice Idris adjourned the trial of the accused persons till December 12 and 13, while ordered that the accused persons continue to enjoy the former bail conditions.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

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FG Deploys over 1,000 Midwives to PHC Facilities Nationwide Only 38% births are handled by skilled attendants

Paul Obi in Abuja In a strategic move to close up existing gaps in the nation’s Primary Health Centres (PHC), the federal government, yesterday deployed about 1,473 newly graduated basic midwives to PHC facilities in rural areas throughout the 36 states and Federal Capital Territory (FCT). The deployment is geared towards improving maternal,

newborn and child health care and consolidating on the gains of the Midwives Service Scheme (MSS) of the federal government. Acting Executive Director of the National Primary Health Care Development Agency (NPHCDA), Dr. Emmanuel Odu, disclosed this in Abuja at the commencement of a two-day orientation workshop for the first batch of the new basic midwives, numbering 443.

Abuja Disco Disconnects APC National Secretariat over N1.7m Debt Onyebuchi Ezigbo in Abuja The Abuja Electricity Distribution Company (AEDC) has cut-off electricity supply to the national headquarters of the All Progressives Congress (APC) over N1.7 million accumulated debt. The situation has forced the leadership of the party to now rely on electricity generator to provide power to the three-storey building located at Blantyre Street in the Wuse district of the Federal Capital Territory. A source told journalists that things have become so bad that some junior staff had to gather some money to assist the party in buying diesel to power generator for few hours yesterday. Out of the amount due as electricity bill, the sum of N500,000 has been paid by the party according to the AEDC receipt posted at the main entrance of the secretariat.

According to an official at the party’s the disconnection was made since two week, adding that despite pleas to the management of the electricity company to restore power supply, the company is still insisting on full payment. Also, another party source explained that the bill from the electricity company has been lying with the party’s National Treasurer, Alhaji Muhammed Gwagwarwa, because of lack of money. The action of the Power Distribution Company might have been in response to a charge by the Minister of Power, Works and Housing, Mr. Babatunde Fashola, that every government agency must pay its electricity bill for it to enjoy power. The minister, who is a chieftain of APC, had decried the huge debts running into billions of naira owed by government agencies to electricity companies.

Odu announced that “the orientation workshop for second and third batches of the midwives would hold soon in Kaduna and Edo States respectively.” According to him, “the NPHCDA and the Nursing and Midwifery Council of Nigeria are in partnership to place newly graduated basic midwives on a one year mandatory service at PHCs across the country. “With 61 per cent of pregnant women receiving ante-natal care by skilled providers in the country, only 38 per cent of births were attended to by skilled birth attendants while only 36 per cent deliver in health facilities. He enjoined the midwives, as skilled birth attendants, to rededicate themselves and contribute to

bridging the gap.” He appealed to the midwives to see themselves as agents of change, stressing that a combination of their professional skills, positive attitude and care would stimulate health-seeking behaviour and service utilisation, thereby contribute to saving the lives of pregnant women, newborn and children in communities. NPHCDA Director, Dr. Nnenna Ihebuzor, described the Midwives Service Scheme (MSS) as one of the flagship programmes of the federal government to reduce the high rate of maternal and child morbidity and mortality in Nigeria. Ihebuzor emphasised the triple return on investment from skilled attendants at birth-saving lives of mothers and newborns and

reducing stillbirths. She disclosed that “the orientation and subsequent training would equip the midwives with the knowledge and professional skills to save lives of mothers and children at rural primary health facilities across the country.” Also speaking, the Director, Nursing Services, Federal Ministry of Health, Mrs. Mojisola Okodugha, said engagement of basic midwives by the NPHCDA is commitment to the change agenda of the present administration. The Registrar, Nursing and Midwifery Council of Nigeria, Alhaji Faruk Abubakar, expressed Council’s readiness to collaborate with the NPHCDA to ensure that skilled health personnel are deployed to rural health facilities

in the country. UNICEF Representative, Dr. Garba Safiyanu, commended the agency’s significant efforts in MSS project and reiterated UNICEF’s commitment to reduction of maternal and child morbidity in the country. He advocated quality health care in the country and pledged UNICEF’s continued support to the Nigerian government. The MSS is funded through N1 billion budget in the 2016 federal government appropriation for maternal and child health interventions by the NPHCDA. The MSS programme which was introduced in 2009 was the federal government’s public health intervention to reduce maternal and child morbidity and mortality in Nigeria.

Kalu: Igbos are Their Own Worst ATTENTION FASHOLA A container-truck falling at the failed portion of the Apapa- Wharf Road Apapa, by Barracks Bus-stop in Apapa, Lagos....yesterday Enemies Faith Obosi

Says if Fashola were an Igbo man, he

would have left Tinubu Igbos who have often blamed the federal government for the backwardness in the South-east have been told that they have no one but themselves to blame for their woes. Former Abia State Governor and businessman, Chief Orji Uzor Kalu made the statement in the recent edition of The Interview that, “Igbos are their own worst enemies.” He said a number of the elite in the region are not only selfish, they also get their politics wrong. “Let me tell you,” he said in an emotion-laden voice, “there were more problems between Bola Tinubu and Babatunde Fashola, than there were between me and Theodore Orji. But it is the discipline of theYorubas that kept them at bay. Igbos have no discipline in terms of politics. They are very good traders; they’re good in anything they do, but they don’t understand politics.” Kalu’s was referring to the fractured relationship between Tinubu and Fashola in the latter’s second term as governor of Lagos State, and comparing it to his own internecine war with his successor, Theodore Orji, which led to the extinction of the Progressive Peoples Alliance (PPA), the party he founded. In the interview, described by

the Managing Director/Editor-InChief of The Interview, Mr. Azu Ishiekwene, as “the political equivalent of the ogbunigwe (Biafran improvised explosives),” Kalu illustrated his point with a conversation he claimed to have had with President Muhammadu Buhari, who wondered aloud why previous high profile Igbo appointees had done nothing for the region. Kalu also spoke on the agitation for a state of Biafra and the travails of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu; his relationship with former President Ibrahim Babangida and former Governor Ikedim Ohakim; the recent statement of former Governor Peter Obi; and allegations that while he governed Abia for eight years, his mother ruled. In this edition, Tolu Ogunlesi engaged Boko Haram leader, Abu Shekau in an “exchange” of letters by email and Nigeria’s matriarch of Agony Bunmi Sofola, gives an insight into what happens to love in a recession. In one of his first major interviews, the Managing Director of the Nigeria Mortgage Refinance Company, Prof. Charles Inyangete, also shares secrets on how you can make mortgage work for you.

FG Sets up Task Force to Rebuild Destroyed Health Facilities in N’East Disburses N1.2bn to Borno for health commodities Warns stroke is at all time high

Paul Obi in Abuja The federal government has approved a Task Force to rebuild health care infrastructure in the North-east region with mandate to restore facilities that have been destroyed by Boko Haram insurgency within six months. Minister of Health, Prof. Isaac Adewole, announced yesterday that President Muhammadu Buhari had given the nod to the task force as part of the strategy to scale up health care service delivery in the region in the face of daunting humanitarian and health challenges. He made the declaration when he toured some of the North-east states to ascertain the level of damage perpetuated by the Boko Haram sects. Adewole explained that “the task force would look at health, nutrition, water and environmental challenges and provide quick solutions to the problems. “The task force is being coordinated by the office of the Vice President, Prof. Yemi Osinbajo,

while the Minister of Budget and National Planning, Senator Udoma Udo Udoma, is the chairman,” the minister stated. He added that each of the components, water, health and environment is headed by a minister, adding that the Minister of Health is coordinating health and nutrition components of the task force. “The task force would work in Borno,YobeandAdamawaStateswith more emphasis on Borno State. He added that budget for the programme had been approved, stressing that they were now developing work plan to swing into action and provide the necessary facilities in the states. “The task force would work under the umbrella of the presidential initiative for the Northeast which would be inaugurated by President Buhari soon. “The Federal Ministry of Health in its capacity has provided health commodities worth about N1.2 billion to Borno State; the first consignment was for about N400,000 million and was already

in Maiduguri, and the second batch would follow later,” the minister stressed. He observed that the ministry would continue to partner Borno State in the area of healthcare delivery. He added that the challenges of Borno State and other north eastern states affected not only North-east but the whole country. Efforts by THISDAY to ascertain the total number of health facilities destroyed by the Boko Haram sect were not fruitful as the minister did not respond to questions put across. While speaking, Deputy Governor of Borno State, Usman Mamman Durkwa, appreciated the efforts of the federal government in rebuilding Borno State. He also commended the Federal Ministry of Health for providing health commodities to the state. He assured stakeholders that the Borno State Government remained committed to partner the federal government and development partners to ensure that Borno was rebuilt again. In

another development, the minister decried the rate at which Nigerians are attacked with stroke, describing it as all-time high. According to Adewole, “This is as a result of rapid globalisation and urbanisation thus imposing new lifestyles and risky behaviours such as tobacco use, excessive alcohol consumption, drug abuse, increased patronage of fast food outlets and sedentary life styles leading to obesity. The minister who was represented by the ministry’s Chief Epediomologist, Dr. Sani Gwarzo, gave the warning in Abuja during the 5th Nigeria Stroke Assembly as part of the activities to commemorate the 2016 World Stroke Day. He noted that such unhealthy behaviours predispose one to Non-Communicable Diseases (NCDs) and stroke, adding that the disease contributes significantly to adult morbidity and mortality, and as a result, imposes a heavy socioeconomic burden on individuals, societies and the entire health system.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

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N’Assembly Cttees on Transportation Express Displeasure over Non-disclosure of Budget Performance Amaechi says MoU with Chinese company for Port Harcourt-Calabar rail will attract $3bn FDI Dele Ogbodo in Abuja The Chairman, Senate Committee on Land Transportation, Senator Olugbenga Ashafa and his counterpart in the House of

Representatives, Hon. Aminu Sanni, yesterday expressed displeasure with the Minister of Transportation, Mr. Rotimi Amaechi, for not furnishing the joint committee with information on the ministry’s

FGGC Oyo Loses Four Students to Road Carnage Ademola Babalola in Ibadan Four schoolgirls from the Federal Government Girls’ College, Oyo, lost their lives in a road accident on Sunday while returning to their school after the midterm break. The victims comprise two senior secondary school students, one in JSS 1 and the other in JSS three class. They died at Sabo market, Oyo, about two kilometers to their campus. The students, from various destinations, had already arrived in Oyo according to the Public Relations Officer of the school, Mr. Akin Olumide Omitade, boarded a bus at Owode en route the school before the unfortunate incident. The affected students, according to Omitade are: John Olubukola, SS3, Giwa Taibat SSS 3, Ladipo Mojisola SSS 1 and Ibirogba Maryam JSS 3. All of them were buried at the public Muslim cemetery and Christian Association of Nigeria (CAN) cemetery in Oyo yesterday. Giving a vivid account of the incident, the Police Public Relations Officer, Adekunle Ajisebutu, said: “A DAF truck loaded with garri fell on a Suzuki commercial mini bus

conveying students of the Federal Government College, Oyo. “As a result, four of the students and the bus driver died while five others were injured and were taken to Peamark Hospital, Oyo for medical treatment. They are responding to treatment and investigation has since commenced.” Ajisebutu further informed that the erring driver of the truck had been arrested by the police for further investigation. The market was also closed for business yesterday when journalists visited the scene. Also, the spokesman of the Federal Road Safety Corps (FRSC), Oyo State, Oluwaseun Onijala, gave the registration number of the affected vehicles as Toyota Hiace bus Oyo BDJ183 XA and a Mercedes Benz with registration number Lagos 911, EPE139 XJ. Onijala further said the accident which occurred around 4p.m, was as a result of dangerous driving. Yesterday morning, the staff, students, parents and family members of the affected students wore mournful look as the school management went about perfecting processes of their burial.

2016 budget performance. Expressing the joint committees’ displeasure during its oversight visit at the ministry’s headquarters in Abuja, Ashafa said despite the letter written to the ministry on the October 20 requesting for advance information on its budget performance, the ministry as at yesterday, was yet to provide details of the budget performance. While faulting the ministry for its non response, he said: “This is not good enough. Our disposition to your proposals in the 2017 budget would be largely guided by our assessment of your performance over this period.” He said it was imperative that the joint committee conducted on-the-spot assessment of the ministry’s performance within the life span of the Appropriation Act of both the past and current year. According to him, the legislative arm is keen on scrutinising the capital expenditure and the

budgetary performances of the ministry, adding that the exercise will guide it in the 2017 appropriation. “I would like urge you all not to regard this exercise as a witch-hunt,” he said. However, Ashafa promised that the lawmakers would work relentlessly to provide the legislative support to the executive in its drive to bring the desired change in the transport sector. He said: “We believe that the Senate’s passage of the 2016 Railway Bill, more avenues have been opened up in the rail transport sector for foreign direct investment into the country through the opening of the operations to both the public and private sector.” Earlier in his remarks, the minister informed the committees that government had signed a contract for the construction of Calabar-Port Harcourt rail line with extension to Onne deep sea

port which is part of the coastal rail projects which terminates at the Onitsha rail station. He said: “In the same vein, Warri-Ajaokuta- Baro-Abuja central railways has been properly placed on the path of public private partnership (PPP) and a Memorandum of Understanding (MoU) has been signed with China Railway Construction Company (CRCC). “When this arrangement comes through after being subjected to the Infrastructure Concession Regulatory Commission (ICRC), evaluation and due process, it will draw a minimum of $3 billion foreign direct investment for the country.” To free the existing narrow gauge tracks from its sub-optimal condition occasioned by the underutilisation of its installed capacity, to becoming an enabler for growth in allied and mining, he said the 3,0505km Lagos-Kano, Port Harcourt- Maiduguri and

Zaria-Kaura Namoda narrow gauge rail system have been slated for concession to reputable operators to be financed by General Electric of US. On completion, Amaechi said the rail would provide affordable transport for 5.1 million passengers annually and will account for 20 million tonnes amounting to 35 per cent of freight movement per year. The minister said the Nigeria Railway Corporation (NRC) has completed the rehabilitation of Western line, Lagos to Kano and the eastern railway lines to Gombe, adding that train services have started running from Lagos to Kano, Port Harcourt-Gombe and Kano through KafachanKaduna twice a week and Port Harcourt-Aba rail service also running. He appealed to the lawmakers to expedite action on the passage of the national transport commission bill expected to replace the 1955 NRC Act.

Arik Air Airlifts 19.5m Passengers in 10Years Chinedu Eze Nigeria’s major carrier, Arik Air, yesterday announced that it had flown over 19.5 million passengers in the 10 years of its existence and that it would lift over 20 million travellers by end of December. The announcement was made by its Managing Director, Chris Ndulue, during a press conference to mark the 10 years anniversary of the airline. Ndulue said over the years, Arik had grappled with a myriads of obstacles noting that the current challenges that could be critical to the failure or survival of domestic carriers were the difficulty in accessing forex and high prices of aviation fuel. He stressed that these two factors were critical to airline operation and urged the government to intervene. Ndulue also spoke of plans by the airline to grow its fleet from the current 28 aircraft to over 52 by 2025, adding that the effects of the current economic recession would require Arik to be cautious in any expansion drive. The Arik Air boss said despite the current economic recession, the airline intends to expand its flight operations in West and Central Africa as well as new frontiers in Asia and the Middle East in the years ahead, but would be cautious in its expansion programme. “Our goal in the last years has

been to pursue safety and security. This has seen us take several steps to up the game. We are hoping to expand our operations into West and Central Africa as well as Asia and Middle East . “We have taken a new approach to be cautious in our expansion drive because of the realities of the current recession. This has made funding a big issue, that is the reason we are slowing down. We will find solutions to the funding gap. This has made us look outside Nigeria to get bank loans without local bank guarantee,” Ndulue said. He said the last one year has been very challenging because of the exorbitant price of aviation fuel, which has increased from N85 per litre two years ago to its current N200 per litre . Ndulue said government should assist indigenous carriers by granting them more access to foreign exchange to enable them offset expenditure on aircraft maintenance, personnel training, insurance premium and other operations denominated in foreign currency. He spoke of plans to negotiate codeshare agreements with foreign carriers in areas of common interest. He said there were potential in the air transport business if government could put in place the right policy environment, improve airport infrastructure and involve domestic carriers in the Bilateral Air Service Agreement (BASA).

CAPACITY BUILDING FOR JUDGES

L-R: Institute’sSecretary,NationalJudicialInstitute(NJI),Mr.AbubakarU.Maidama; Director,PublicAffairs,NigerianCommunicationsCommission(NCC), Mr.TonyOjobo,HeadLegalandRegulatoryServices,NCC,Mrs.YetundeAkinloye; ExecutiveViceChairman,NCC,Prof.UmarGarbaDanbatta; Judgeofthe Supreme Court, representing the Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen; Administrator, NJI, Justice Rosaline Bozimo; Deputy Chairman,HouseCommitteeonCommunications,Dr.ChukwuemekaUjam,duringthejudges’workshoponlegalIssuesintelecommunications inLagos... yesterday.

House C’tee Mandates Customs Boss to Appear or Risk Arrest Orders FMC Katsina to refund N2.7m to Consolidated Account Damilola Oyedele in Abuja The Public Accounts Committee (PAC) of the House of Representatives has mandated the Comptroller General, Nigeria Customs Service (NCS), Col. Hameed Ali (rtd), to appear before it by November 8, 2016 to respond to issues raised in the NCS finances by a report of the Auditor General of the Federation. The report had raised queries on certain sub heads in the NCS accounts which require explanations by the Customs boss. The Chairman of PAC, Hon. Kingsley Chinda, told THISDAY yesterday that the committee would be forced to invoke its constitutional

powers to make Ali appear if he does not honour the invitation. Ali, last Thursday, had sent an Assistant Comptroller General, Mr. Idris Suleiman, to represent him at the committee meeting, even though the committee had insisted it would only take the Chief Executives of parastatals and agencies of governments. “Yes, we allowed the adjournment, and the issue was that the people he sent could not take a date on his behalf. So we told them to pick a date between now and November 8, and confirm to the Clerk of the committee. If they do not do so, we would proceed without him, or we would provoke the constitutional provisions,”

Chinda said. The committee, during the interactive session with the agency was miffed at Ali’s decision to send a representative, threatening to conduct and conclude its investigations without recourse to him. In another development, PAC has ordered the management of the Federal Medical Centre, Katsina to refund N2.76 million to the Consolidated Revenue Account. The money, which was part of the Internally Generated Revenue (IGR) of the centre, was spent by the management in contravention of the Fiscal Responsibility Act, a discovery which was made by the 2010-2011 audited reports of the

Auditor General of the Federation. The committee members declined to entertain the excuses tendered by the Chief Medical Director of the Center, Dr. Umar Farouk, that the money was used to pay energy bills and purchase diesel to power equipments. “We know that it is mandatory to remit 25 per cent of our earnings into the Consolidated Revenue Account as stipulated by the Act,” he admitted. Ruling on the matter, PAC Chairman, Chinda, directed that the money be returned to the CRA within three days. He also directed Farouk to return on November 8, 2016 with vouchers of the payment.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

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Amosun Dismisses Labour Leaders Sheriff Balogun in Abeokuta Ogun State Governor, Senator Ibikunle Amosun, has dismissal labour leaders in the state, including the state Chairman of the Nigeria Labour Congress (NLC), Akeem Ambali, his deputy and the state Chairman of the Nigerian Union of Teachers (NUT), Dare Ilekoya and 14 others Those dismissed were A.O

Oshin, Nola Balogun, Eniola Atiku, Solaru.O, Adebanjo.T, Akinola.A.S, Oyolola .S.A, Obafemi. O.B, Ogunsola Peter, Akinlade.S.A, Christopher.T.A,Ogunrombi A.A, Azeez.K.I and Taiwo A.O. The state governor also recommended the suspension of the following labour leaders: Odusanya S.A, Comrade Akapo, Adegbesan J.O, Adelami S.I, Obadara O, Ogunnuga O.A,

NBET Boss: 20,000MW of Electricity Unattainable by 2020 Damilola Oyedele in Abuja The Managing Director/Chief Executive Officer of the Nigerian Bulk Electricity Trading Plc (NBET), Dr. Marilyn Amobi, has said the country cannot achieve its target of 20,000 megawatts (MW) of electricity target by the year 2020. She said this yesterday when members of the House of Representatives Committee on Power visited NBET on an oversight visit, where she added that the target is capital intensive. Amobi, who was appointed by President Muhammadu Buhari in August 2016, said the country has no business talking about 20,000 megawatts by the year 2020. “A lot of talk shows are going on in this country in form of workshops on that. There will not be any 20,000 megawatts in 2020. We can’t make that happen. There is no way for that, she said. Fielding questions from committee members led by the Chairman, Hon. Dan Asuquo, Amobi also said deploying nuclear and wind energy in

Nigeria would remain a mirage. “We cannot run nuclear in Nigeria, and the question of wind energy, forget it. It’s just a story. We cannot run all that in Nigeria. It’s just a wish list,” she said, adding that Nigeria was not financially buoyant enough for such venture. Asuquo, queried the mode of engagement of 14 companies by NBET under its Power Purchase Agreements (PPA). “If there was no proper guideline, the process of acquiring those 14 companies was null and void. I can assure you if we leave here with that, there’ll be an investigation on this. If the standard is not in line with global best practices, of course, there will be a lot of questions. Whoever directed such a thing, will appear before us,” Asuquo said. Amobi however said the in-house guideline produced in 2011 in accordance with global standards, was used for the engagement of the companies. She noted that it would not be used in future as a new guideline is being developed.

Lagos Lawyer Sues FG Challenging Public Holidays Davidson Iriekpen

of May 29 (Sunday). •Whether it is lawful to have A Lagos-based lawyer and activist, extended the Eid-el-Fitri celebration Chief Malcom Omirhobo, yesterday beyond July 5 and 6, to July 7, asked a Federal High Court in making the holidays three days Lagos, to declare as unlawful in a roll. • Whether it is lawful to have the extension of public holidays beyond the days set out for them. declared October 3 (Monday) as In the new suit numbered public holidays for the celebration FHC/L/CS/1450/16, the of Nigeria’s 56th independence, defendants are: The Attorney instead of October 1 (Saturday) for General of the Federation and which it was originally scheduled,. The plaintiff therefore, seeks the Minister of Interior. The plaintiff’s suit is brought a declaration, that the Public pursuant to the provisions of Order Holidays Act, is the law guiding three, Rules six, seven and eight the declaration of public holidays of the Federal High Court Civil in Nigeria, and any declaration of public holidays without compliance Procedure rules of 2009 Omirhobo is seeking an with the Act, is unlawful and void. Omirhobo now seeks a court interpretation as to whether in the face of the Public Holidays Act of order, compelling the defendants 1979, it is legal for the defendants not to declare October 2, 2017 to reschedule public holidays from (Monday) as public holidays for Saturdays or Sundays to Monday. the celebration of Nigeria’s 57th The plaintiff seeks an independence, in place of October interpretation whether it is lawful 1, 2017 (Sunday). Besides, he wants an for the defendant to even extend public holidays beyond the days order of perpetual injunction, restraining the defendants from set out for them. Omirhobo seeking the following rescheduling public holidays that are set out by law to fall on interpretations: • Whether it is lawful for the weekends, to Monday. He also wants an order, defendants to have declared May 2 (Monday) as public holidays for restraining the defendants from the celebration of worker’s day, extending holidays beyond the time set out for them. instead of May 1 (Sunday). The plaintiff seeks further “Whether it is lawful to have declared May 30 (Monday) as order or orders as the court may public holidays for the celebration deem necessary to make in the of Nigeria’s Democracy Day, instead circumstance of the case.

Ayokambi T.A, Tijani A.A, Adegbesan J.O, Idowu A.O, Olaifa O.A, Bayo Lasore, Ahmodu S.A, Oludotun Oliyide, Tijani Y.A, Awode I.A, Dada O.A and Adesanya Abiola. This was contained in a report by a panel of inquiry set up to investigate the alleged misconduct of executive members of the NUT on the 2016 World Teachers’ Day celebration, held on October 5, at the NUT Hall, Kuto, Abeokuta. The recommendations of

the panel signed by the Head of Service, Sola Adeyemi, was approved by the state government for immediate implementation. It was gathered that the state government set up an administrative panel of inquiry to look into complaints received from concerned members of the public against the affected officers for their alleged involvement in various acts of misconduct and contravention of extant regulations during the

celebration. The NLC chairman, who was until his dismissal a deputy director, Community and Social Development, Sagamu Local Government, was alleged to have been the brain behind the political campaign rally during the celebration. He was accused of making inflammable and scandalous remarks against the state government, which could cause breach of peace in the state.

They were dismissed from service having been found guilty of contravening the Public Service Rules 04401,04421(c&d) and 04406(a). The state government directed appropriate the agencies of the state, Ogun State Local Government Service Commission, State Universal Basic Education Board (SUBEB) and the Teaching Service Commission (TESCOM) to implement the recommendations with immediate effect.

EXPLORING OPPORTUNITIES

L-R: Deputy President, Nigerian-British Chamber of Commerce (NBCC), Mr. Akin Olawore; Vice-Chairman, NBCC UK Network, Ms. Henrietta Abraham; Managing Director/CEO, Fidelity Bank Plc, Mr. Nnamdi Okonkwo; Divisional Head, Managed SME & Consumer Sales Force Fidelity Bank, Mr. Kenneth Opara, during the Nigerian-British Chamber of Commerce Opportunity Nigeria Financial Services event at Norton Rose Fulbright in UK....recently

Political Treachery Robbed Us of Victory, Says Faleke The deputy governorship candidate of the All Progressives Congress (APC) in the November 21, 2015 governorship election in Kogi State, Hon. James Faleke, has identified treacherous politics by insiders as responsible for the inability of the Audu/Faleke group to take over government in the state. Speaking to a tumultuous crowd who came to welcome him home at Ekinrin Adde, his hometown after the Supreme Court judgment which affirmed Yahaya Bello as Governor of Kogi State, Faleke said the conspiracy to deny the Audu/ Faleke Political Organisation of its right to assume power in the state would not have been possible but for the support of some insiders from the state in collaboration with the leadership of the APC at the national level. “It is unfortunate that we lost our right to Lugard House owing to high level treachery both at state and national levels of the party. It is a common saying in Yorubaland that the enemies without would always find it hard to defeat you without the support of the enemies within. Shortly after news filtered in that Prince Abubakar Audu, our leader died, the hawks from the three senatorial districts moved in by putting pressure INEC not to declare the results.” According to Faleke, “Though

we lost the battle to reclaim our mandate at the Supreme Court but we have not lost the minds and support of the majority of Kogi people who voted massively for the Audu/ Faleke ticket.” He described the role played by the national leadership of the party in the entire saga as unfortunate and unbecoming. The federal lawmaker commended the people of the state for being restrained even in the face of glaring injustice meted out to them, urging them to continue to be law abiding. He denied reports in some quarters that he was heading back to Lagos to play politics saying that he was back home to contribute his quota to the development of the state. Speaking at the occasion, a member of the House of Representatives from Kogi State, Hon. Sunday Karimi, expressed dismay with the way the leadership of APC who claim to be fighting corruption on one hand was busy and encouraging injustice at the same time. The state Chairman of the party among several other speakers at the occasion urged the teeming supporters of the party to close ranks despite the political setback, expressing hope that the national secretariat of the party would soon intervene in bringing a stronger and more united party in the state.

Poor State of Nigerian Roads Worries NUJ Obinna Chima The Nigerian Union of Journalists (NUJ) has expressed concern over the deplorable condition of Nigerian roads which it said have defied all odds at being rehabilitated. This formed part of a communique at the end of the National Executive Council (NEC) meeting of the union that took place in Jos recently. The meeting was attended by 29 state councils of the union and national officers. To this end, NEC called on the federal government to put more resources into the rehabilitation of roads to create more jobs and ameliorate the surfing of commuters. NEC also considered the current fight against corruption in the country, particularly the recent raids by the Department of State Services (NUJ) on some judges, saying that all hands must be on deck to “remove this cancer from the nation’s body politic before it causes any irreversible damage. “However, it is the considered opinion of NEC that we must avoid taking any action that could be construed as discriminatory or contrary to the rule of law. It is also the considered view of NEC that all judges being investigated should step aside to enhance unobstructed investigations. “NEC expresses serious concern on the dwindling value of the Naira caused by recession. This according to NEC has worsened

the living condition of most Nigerians who can hardly afford a decent meal a day. “NEC believes that more attention should be deployed towards reviving the Agricultural sector to ensure food security and youth employment. “While NEC commends the federal government for securing the release of 21 Chibok girls from captivity in the Boko Haram enclave, NEC avers that the fight against terrorism can only be said to be won when all Nigerians being held captive by this group regain their freedom,” the communiqué read. Furthermore, the union applauded the lifting of the three months suspension of the Ogun Council chairman Wole Shokunbi and three members of the council, by the national secretariat, after having served their punishment and having shown remorse for their misbehaviour. On the issue of Osun council, NEC welcomed the peace moves being initiated by stakeholders to resolve the impasse and conduct new elections. “NEC notes with concern the impeachment of the Chairman of Kaduna council of the NUJ and appeals to the council to seek a peaceful settlement of the issues that led to the action. NEC also considers the allegations against the impeached Chairman, Muhammad Garba that he is a paid staff of the National Assembly and attached as a Senior Legislative Aide of Senator Bala Ibn Na’Allah.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

CRIME&PUNISHMENT Southern Kaduna Killings: El-Rufai Issues Ultimatum to Police,Traditional Rulers John Shiklam in Kaduna The Kaduna State governor, Mallam Nasir El-Rufai, has given a twoweek ultimatum to the police and traditional rulers in the southern part of Kaduna State to fish out those behind the persistent killings in the area. The ultimatum was issued at the end of a meeting with Chairmen of Interim Management Committee of the Local Government Areas affected by the killings, the Area Commander of Nigerian Police, Kafanchan Area Command, all Divisional Police Officers (DPOs), Traditional Rulers and Ardos of Fulani communities in the area. The governor, according to a statement issued after the meeting by his spokesman, Mr. Samuel Aruwan, expressed his displeasure

over the spate of killings in the southern part of the state, stating government will not condone lawlessness and the killing of innocent citizens. In the past three weeks over 60 people were reported killed by gunmen suspected to Fulani herd men in Godogodo and neighbouring villages in Jama’a Local Government Area. The attacks were said to have provoked reprisal killings in the area. According to Aruwan: “The meeting was a frank discussion between the aggrieved ethnic groups in an attempt to find lasting solutions to the security challenges in the region. “He directed all Divisional Police Officers and traditional rulers in the affected areas to

fish out those involved in the killings within two weeks.” The governor, according to the statement lamented the security situation, noting that Kaduna had experienced 12 ethnic and religious conflicts from 1980. He blamed the current situation on the failure of the previous administrations to decisively tackle security problems when they occurred, thereby encouraging them to degenerate to what it is today. “We have studied reports of all committees and commissions of inquiries set up from 1980 to the time we came into power. What we discovered is that negligence of previous government to implement recommendations encouraged the spate of insecurity to continue unchecked in the state,” the

statement quoted the governor as saying. “Those responsible for the crisis always use religious or ethnic differences to fan the embers of these crises. There is no way we will brand some people in Nigeria as settlers who don’t have the rights to live in any part of the country. “We are all Nigerians and God knows why he made all of us to be Nigerians. He is the one who created us to belong to different faiths or religion. For me, the things that have broughts these crises in Kaduna Stateis that those doing it hide under the guise of religion and ethnicity to cause these conflicts. But we know that illiteracy and poverty are the root cause of the insecurity we have been experiencing” the governor said.

In Brief Ogun Residents Call on Buhari to Look into Fraudulent Activities of Ikeja Disco

Residents of Ayetoro-Itele area of Ado Odo-Ota, Ogun State, have called on President Muhammadu Buhari to look into the fraudulent activities of Ikeja Electricity Distribution Company (IKEDC) over separate and special account consumersintheareapaidtheirelectricitybills.Theresidentsmadeapeaceful protestovertheweekendshortlyafteritsmonthlycommunitymeeting,saying that the IKEDC has failed to make bills available to the residents over a year. The residents disclosed that in Isokan-Iliwo community, IKEDC connected 700 houses with electricity but failed to make bills available to the residents, stating that instead of the bill, IKEDC came up with a special Zenith Bank account No: 1012998314 where consumers were asked to be paying their monthly bills into. They chorused that after six months of protest over the special account where residents paid N3,000 on monthly basis, IKEDC made 150 bills available to the consumers. They said: “150 residents received bills and pay directly to IKEDC account why 550 consumers paid into the special account made available to the residents. Now, IKEDC has put off the light with the excuse that all residents are owing the company huge debt.” “The records of connected residents are available with the company. Before any house gets connected with electricity, the electric company approved their forms. Why has it failed to provide bills rather than asking residents to pay into a private account instead of the company account,” they said.They added: “Enough is enough, we can’t continue with this any longer, IKEDC should make bills available to all residents and also make pre-paid metres available to us.” However,Chairman,Isokan-IliwoCommunity,Mr.OwolabiSalako,whypacifying the residents said “we approached Ikeja distribution for the over two weeks black-out but no concrete excuse was giving. He explained to the residents that IKEDC switched off the electricity on a false claim that residents of the community owes over N5million debt, saying: “We told the company that we cannot accept that method of punishment, all residents who are given bills pay while the rest do not receive bills, rather they were given a private account to pay in the sum of N3,000 monthly. “

Bauchi, Jigawa Governors Seek President’s Intervention to Stop Kidnapping

JUDGES TOO HAVE RIGHTS

Lawyers in Defence for Democracy and Citizens for Good Goverance protesting against abuse of human rights and plot to overthrow the judiciary and the subversion of the rule of law by the federal government in Abuja....yesterday Julius Atoi

Soldiers Kill Two Suspected Cattle Rustlers on the Rampage, Kill Five in Niger Militants in N’Delta Efut Esighi in Southern Cross River Emmanuel Addeh in State State during anti-militancy operation Yenagoa Laleye Dipo in Minna

Not less than five people have been killed as cattle rustlers went on rampage in Gbada community in Kaure village in the Shiroro Local Government Area of Niger State. The incident occurred at about 3a.m. yesterday according to reports from the village. THISDAY learnt that several villagers were also injured with others still missing. According to an eyewitness, the rustlers numbering about 30 and armed with sophisticated weapons stormed the community when the villagers were asleep making it impossible for them to defend themselves. A large number of cows, sheep and goats were thereafter rustled according to the eyewitness. The village located on the border with Kaduna State has come under attack by rustlers in the last couple of weeks following the joint military operation in that state which had made life unbearable for them there. The senator representing Niger East senatorial zone, Mr. David

Umaru, in a reaction condemned the attack, describing it “as barbaric and heinous.” Senator David Umaru has therefore called on security agencies to apprehend the perpetrators and bring them to justice. The Chairman of Shiroro Local Government Area, Alhaji Hassan Jagaba, who also confirmed the attack described the assault by the marauding rustlers as ‘very devastating.’ “On receiving information of the invasion, I had to alert the police at Zumba division, who mobilised their men to the affected community but the attackers had fled with the cattle they rustled before the police got there,” he said. The Police Public Relations Officer in the state, Bala Elkana, also confirmed the report, saying that the invaders fled to neighbouring Kaduna State. He said the anti-cattle rustling team was already searching for the rustlers in the forests. Elkana said no arrest has been made so far.

Barely a week after soldiers attached to the Joint Task Force, Operation Delta Safe (OPDS), recovered 25 human skulls from the creeks of Niger Delta, the troops fighting militancy in the region yesterday said they killed two suspected militants in the region. The raids, according to the special security outfit, continued yesterday with the killing of a ‘notorious’ militant identified as Okon Iyo, while the body of another one who was earlier shot by the soldiers was recovered. Lt Col., Olaolu Daudu, Coordinator, Joint Media Campaign Centre of the OPDS, told journalists in Yenagoa that the deceased suspects belonged to the dreaded Bakassi Strike Force, BSF. He added that several other suspects whose compounds were raided by the security operatives were arrested, while the shrines used in perpetrating their activities were destroyed. Also, as part of their operations, Lt Col Daudu noted that troops foiled an attempt by suspected militants to bomb a pipeline belonging to the Nigerian Petroleum Development Company, NPDC, in Delta State. “Troops of Sector 4 deployed at

raided Efut Esighi forest and killed a notorious militant popularly known as Okon Iyo while he was trying to escape. “Similarly, troops discovered the dead body of one of the Bakassi Strike Force militants who was earlier engaged in Efut Esighi but escaped with gun injuries. His body was seen in a bush close to the main road in Effionsa, Bakassi Local Government Area,” the JTF said. He added that troops also raided the compound of a suspected member of BSF, Mr. Otobong Sunday Essien, at Road 27 Resettlement Center Bakassi. “ A motor bike was recovered from his compound. In addition, troops intercepted a Passat wagon car owned by a suspected Bakassi Strike Force militant known as G1. He is the sentry Commander of the group. “Furthermore, troops deployed at Ikang border patrolling Ikot Offing Ambai in Akpabuyo Local Government Area, discovered militants shrines and also apprehended the Chief Priest of the group with an empty box of ammunition at another shrine at Ekpri Ebutong Estate in Bakassi”, he said.

BauchiStateGovernor, MohammedAbdullahiAbubakarandhiscounterpartin JigawaState,MohammedAbubakarBadaru, havejointlyappealedtoPresident Muhammadu Buhari to intervene and stop the spate of kidnapping and other criminalactsinthetwostatesYesterday,bothgovernorsmetwiththepresident behindcloseddoors.FieldingquestionsfromStateHouseCorrespondents,the governors said the president’s intervention would help to coordinate the war againstbanditryinthestates.Thegovernorssaid thepresident’sintervention was urgently required to ensure that kidnapping did not get out of control in the two states.The Bauchi governor who spoke first said: “We have come to confer, which is usual, with Mr. President. But as you can see, I am here with the governor of Jigawa State. As you know, we share a border with Jigawa State. “We have come to discuss some security concerns with the president to solicit for his support for us to effectively ensure security in the two states. This is basically what we have come to discuss. “Kidnapping mainly. We are concerned that the spate of kidnapping is increasing and anything that will touch on the security of our state is a matter of grave concern to us. “That is why we have rushed here before it becomes endemic and we have conferred withthepresidentandwehavehissupport.“Themilitary isconductingexercise in the area, but what the exercise lacked before was coordination between the two states. “So, there is a need for us to coordinate and for us to do that, we require the seal of the Commander-in-Chief.” The Jigawa State governor said the president was willing to assist the two states. He said:We have been fightinginsurgencyandcriminalelementsinourindividualstatesbutwebelieve we need a coordinated fight between Bauchi and Jigawa to finally drag them out of the forest and finally put the problem to rest. “The president is willing to assist us and certainly we will see some action.”

Navy Admonishes N’DeltaYouths to Shun Crime

Commander,NigerianNavyShip(NNS)Delta,inWarri,DeltaState,Commodore JosephDzunve,hasurgedyouthtoshuncriminalactivitiesinthe NigerDeltaarea. Dzunve gave the admonition last weekend during the command’s ongoing medical outreach tagged ‘’Rhapsody” at Ugbangwe, an Itsekiri community in Warri South Local Government Area of Delta. He assured the people of their safety and urged them to provide his command with useful information that will help it provide adequate security for them. He said the medical outreach was to engender military and civil relationship noting that the military is not all aboutenforcingthelawbuttoalsoprovidehumanitarianservicetothepeople. The Navy boss said that four communities have benefited from the laudable programme since he assumed office in July, 2106.The medical outreach is an initiative of the Nigerian Navy to render free medical service to communities within its areas of operation. “The medical raphsody is one of our programme to promote our relationship with host communities. “It enlighten members of thepubliconmedicalchallenges,weareawarethatsomepeoplearenotaware of their health challenges. “It is a programme put in place by Navy, this is about the fourth community we are visiting and we shall visit other communities”, CommodoreDzunvesaid.Responding,secretaryofUgbuwangweCommunity, Mr Tosan Okorodudu commended the Navy for the free medical exercise. “I thank the Nigerian Navy for fulfilling its promise of providing a free medical service to our people in Ugbuwangwe”. He said the programme was timely, notingthatthepeoplehadbeenfacedwithhealthchallengesduetocommunal crisis in the community. “I am happy that the programme is extended to our community, thanks to the federal government and NNS Delta”, he said. Some of the medical services provided included: malaria test, eye test, blood sugar/ glucosetest,freedrugsamongothers.Thosewithcriticalcaseswere,however, referred to the Navy Hospital, Effurun for further examination.

TUESDAY NOVEMBER 1, 2016 • T H I S D AY

NEWSEXTRA

A’Ibom Communities Give ExxonMobil Further Ultimatum on Oil Spills, MoU Okon Bassey in Uyo

It appears to be a season of ultimatums by oil producing areas of Akwa Ibom State on America oil giant, ExxonMobil, with such warning issued within three weeks over payment of oil spill compensation. Two weeks ago, Ibeno youths had issued a threat to commence hostility against ExxonMobil with a seven-day ultimatum for defaulting in Memorandum of Understanding (MoU), and demanded N100 billion over accumulated unpaid oil spill fund. Last week, elders of Akwa Ibom State under the umbrella of the Akwa Ibom Vanguard, berated President Muhammadu Buhari over allocation of a paltry sum of N1.92 billion out of N497.76 to the state for capital projects, describing it as injustice, marginalisation and prejudice. The leader of the group, Senator Anietie Okon, had expressed concern that the state, being the highest producer of oil and gas and the highest source of revenue to the country, could be offered such a paltry sum of money compared to other states that are not into oil and gas activities. Just last Saturday, the people of oil-rich Eket Local Government Area frowned at their neglect by the federal and state governments as well as ExxonMobil exploiting oil in the area, warning that their silence over the years of neglect and underdevelopment was taken

for granted. Also, yesterday, youths from Esit Eket issued another sevenday ultimatum to ExxonMobil to honour MoU it signed with stakeholders of the host community or face serious action that could cripple its oil and gas activities in the area. At a news briefing in Uyo, the state capital, the President of Esit Eket Frontline Youths Movement (EEFYM), Akan Etteudo, explained that the America oil giant had refused to honour the MoU it reached with the community regarding the deployment of oil spill compensation funds to the development of educational infrastructures in Esit Eket. “It is with displeasure that we resort to use this medium, on behalf of the entire youths of Esit Eket to press home our grievances. As youths of the host community, we believe in peaceful co-existence as violence does not bring anything good,” he lamented. He said roof of many schools in the Esit Eket were brought down for renovation based on the earlier agreement that compensation arising from the oil spill would be deployed to developing educational infrastructures in the area. “In November 2015, your oil organisation entered into an agreement with our community to make available some amount of money to cushion the effects of unchecked oil spillage, which came in the form of developmental projects. “And paltry sums were made available with no assurance from company that

No Peace Talks between FG, N’Delta Leaders Can Succeed without Tompolo, Says Activist Adibe Emenyonu in Benin City No peace talk between Niger Delta leaders and President Muhammadu Buhari will be fruitful without the inclusion of former militant leader, Government Ekpemupolo aka Tompolo, a foremost activist of the region, Paul Bebenimibo, declared yesterday. He therefore urged the federal government to make effort to identify the true stakeholders in the Niger Delta, regretting that some of people being paraded as Niger Delta leaders are not even in touch with their own people let alone talking of issues regarding the region. Bebenimibo, who however describe the meeting as a good omen “because we earlier thought that this government has abandoned the issues of the Niger Delta,” admonished the federal government to urgently kick off the Maritime University at Okerenkoko and the private sector driven $16 billion EPZ project, adding that the immediate commencement of these projects will guarantee a conducive atmosphere for dialogue.” According to him, “We are happy that our leaders are talking with the federal government but the truth is that from the information from the grass root, government should also

identify true stakeholders like Ekpemupolo. “Government should identify such people to work with because he understands the terrain; he has the capacity to check militancy and above all, his humanitarian gesture has brought him closer to the people.” He said this is necessary because when Tompolo speaks, the youths listen, so they need him, adding that “majority of us are expressing this view because some of the leaders the federal government is speaking with are not in touch with our people, as a result, they cannot change anything. And if they go on with such people, nothing will be achieved I can tell you. “For us to guarantee immediate peace and commence talks for the development of the Niger delta, the federal government should kick off the Maritime University at Okerenkoko. Secondly, the private sector-driven $16 billion EPZ project should start immediately to provide employment and business opportunities for our people. “These are the two projects that will guarantee immediate peace in the Niger Delta and conducive atmosphere in the region for government to implement other programmes and also have hitch-free crude oil business.”

the balance would be paid to enable the local contractors

and resource persons complete their job. But up till now, your

company had failed to honour the agreement, forcing the

contractors to abandon the contracts,” he stated.

PROMOTING TOURISM

L-R: Founder, Calabar Carnival, Mrs. Onari Duke; Chairman, Calabar Van Carnival, Senator Florence Ita-Giwa; Chairman, Cross River State Carnival Commission, Mr. Gabe Onah; Deputy Minister of Tourism, Zimbabwe, Hon. Anastancia Ndhlovu; and Chairman, Calabar Carnival Committee, Hon. Ken Aklah, during the Pre-carnival Masque Party for Calabar Carnival at African Travel and Market (AKWABA) in Lagos... yesterday Kolawole Alli

Receding Lake Chad Leaves 40mYouths Unemployed

Ortom: Why Benue State Can’t Hold LG Elections Now

Michael Olugbode in Maiduguri

Says ranches are ultimate solution to herdsmen, farmers’ crisis

Recession of Lake Chad has left about 40 million youths restive and exposed to poverty and unemployment in the West African and Central African sub-regions, the Minister of State for Foreign Affairs, Hon. Khadija Ibrahim, lamented yesterday. The minister, who decried that this has often contributed to insecurity and strive on the African continent, said the most affected countries as a result of the recession of the lake are Nigeria, Chad, Niger and Cameroun. Delivering a keynote address at a workshop organised by the Directorate of Technical Cooperation in Africa (DTCA), under her ministry, with the theme: ‘Water Resources and Sustainable Environmental Management in the ECOWAS region’, Ibrahim said there was urgent need to brainstorm on the lingering issues of water resources and environmental management in the Economic Community of West African States (ECOWAS) region. She said many technical experts were brought together to brainstorm and fashion out an enduring solution to the poverty, unemployment and insecurity challenges caused by the problem. At the workshop in Maiduguri, Borno State, which was organised for capacity building of technical experts and stakeholders on the sustainable developmentoftheECOWASregion,the minister said: “At the extended level of theAfrican Union, New Partnership for Africa’s Development (NEPAD),African PeerReviewMechanism,UnitedNations Food andAgricultural Organisations (UNFAO) and so many other multinational institutions, the problems of water recession and environmental degradation have frontally been addressed, yet the problems still persist.” The minister who, was represented by Ambassador Ahmed Gusau, said the theme

of the workshop: ‘Averting Humanitarian Crisis in the ECOWAS region through sustainable water resources and environmental management’, was timely and appropriate as poverty, unemployment and youth restiveness have severely affected both Western and Central African sub-regions. The other dangerous angle to the receding lake, according to her, is the devastation of the ecosystem caused by environmental degradation through refuse dump on coastal lines which emits toxins that are injurious to human health. She noted that environmental pollution has been identified as the major reason for the depletion of ozone layer with harmful radiation on human body and skin diseases. On the devastating effects of erosion, she said: “This has rendered many people homeless and by extension, contributed to poverty, hunger, depression, unemployment, conflicts and total economic recession in the ECOWAS region.” The minister however reassured the region of government support and commitments in addressing the issue of receding Lake Chad, River Niger and any threat on the coastal line to reduce the menace of water recession and environmental degradation. The Vice-Chancellor of University of Maiduguri, Prof. Ibrahim Njodi, who was the chairman of the occasion, said Boko Haram in the Northeast is a symptom of the challenges of water resource management in the Lake Chad Basin areas. Njodi, who was represented by Prof. Haruna Godowoli, the institution’s Deputy Vice Chancellor, Administration, said for the state Governor, Kashim Shettima, to shift focus from challenges of insecurity to water resource management, has indicated that peace has come to the state and affected sub-region of the country.

Tobi Soniyi in Abuja Benue State Governor, Samuel Ortom, has said his state does not have the resources to finance local government elections in the state. Ortom, who spoke with State House Correspondents after he visited President Muhammadu Buhari, also said he had been able to resolve the crisis between herdsmen and farmers in the state. He said the crisis was resolved through dialogue. Nevertheless, the governor insisted that the present system of moving animals from one area to the other was not sustainable. In his view, the proper thing to do is to build ranches. He said: ”I have always said this, if we can copy the presidential system from America why can we not copy ranching? But, it is a gradual process and cannot be done over night. “We are propagating ranching as the final and lasting solution to these issues of herdsmen and farmers clashes. But is something that cannot be done over night. We need the collaboration of the states and the federation to agree on a formula, one for the nomads. In Nigeria, we must find a way of educating them, give them a new orientation on how to live better by ensuring that we establish ranching and government must come in to provide the infrastructure and support that is needed to do this. “So this is where the federal government and states must come together to work out this. The final solution I tell you the truth is about ranching because the line that use to exist in the 50s where cattle routes and grazing areas were designated are no longer there. Today, we no longer have the 923,000 kilometers as it used to be because we have seeded part of Bakassi to Cameroun. And because of the increase in human

population, in the 50s we were less than 40 million people but today we are over 170 million and that was 2012 projection and today we are in 2016 and we should be more than this. “Today we are talking of diversification of the economy to agriculture it becomes more tasking and challenging because we cannot farm in the air or on the sea, we must farm on the land. Grazing and farming cannot work together, the final solution will be ranching.” When asked why he had chosen to undermine democracy by appointing caretaker committee to run local government areas instead of conducting elections he replied, “We will conduct elections as soon as we have the resources. The point is, we were given a bill of N1 billion to conduct elections when I cannot pay salaries. I’m down by four months. My wage bill for a month is N7.8 billion. Since August of last year we have been receiving an average of N4 billion so how do I cope? Every month I have a deficit of N3.8 billion to pay workers and then run the government. It is a big challenge. My Internally Generated Revenue (IGI) is N250 million. So is a big challenge. As soon as the resources are there I will conduct election. I’m a product of a democratic process, I don’t see why I will truncate it at the local government level. I was a local government chairman democratically elected on the platform of Social Democratic Party (SDP) in 1991 and I see no reason why I should truncate that. So it is not my making and I have consulted with the stakeholders of Benue State and they have given me the go ahead.” He also defended his decision to build a cargo airport in Benue, saying that as the foods basket of the nation, there was need to transport some of the farm produce out of the state.

T H I S D AY •TUESDAY NOVEMBER 1, 2016

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

B AT T L E F O R T H E G L A S S H O U S E

Giwa and His Group Lose Again

Femi Solaja The thick cloud that engulfed the Glass House in the battle for the soul of Nigerian football appears to have cleared following Supreme Court’s striking out of the two motions filed by Chris Giwa and his group. Yesterday, the Supreme Court struck out two motions by Chris Giwa and his group seeking to stay the execution of the ruling of the Court of Appeal baring one Mr. Oba Maduabuchi from appearing before it on behalf of Giwa and his group and the judgment of the same court vacating the orders of the Federal High Court re-listing the case and restoring the orders. Giwa, proprietor of Giwa FC of Jos, has been in and out of court against Nigeria football in the past 28 months, sustaining his quest even after a celebrated loss at the Court

of Arbitration for Sport in Lausanne, Switzerland. Justices at Nigeria’s highest court were of the view that the said Oba Maduabuchi cannot appear in the case until the ruling of the Court of Appeal refusing him audience is vacated. Giwa’s lawyers immediately saw the futility of the twin applications and withdrew same, and the Supreme Court promptly struck out both applications. Giwa and a member of his group, Yahaya Adama, were both in court yesterday when the Supreme Court made the ruling. Before the latest development, the Court of Appeal, Jos Judicial Division, had on Monday, 25th July 2016thrown out Giwa’s case, vacating the order of the Federa High Court of the same division that re-listed the case and restored earlier orders.

New Eagles Invitee Dumps Nigeria for Dutch Club Nigeria’s new Super Eagles invitee, Tyronne Ebuehi, has ruled himself out of next week’s World Cup qualifier against Algeria, insisting he prefers to focus on his Dutch club ADO Den Haag. Ebuehi is a 20-year-old right fullback and has been given a first-ever call-up by Nigeria coach Gernot Rohr for the November 12 clash with Algeria in Uyo. However, he has now told his club’s website he will not be flying out to Nigeria for the game because he wishes to concentrate on his club career after chalking up a good run in the first team.

“I see it as a great honour that I am noticed in my homeland,” Ebuehi told his club’s website. “But at this moment ADO Den Haag require my full attention especially now that I have settled into the main team. Therefore it does not seem the right time to travel to Nigeria for the match. “I want to focus completely on the club, but I certainly do not rule out that I could take up another call-up.” This season, he has made six appearances in the league for his club and scored a goal. Last year, he made a total of 14 appearances in the league.

KWASU Don, Gambari, Bags NSSM Top Job Head of the Kinesiology, Health Education and Sports Administration Department at the Kwara State University (KWASU), Malete-Ilorin, Professor Mohammed Baba Gambari, has been appointed President of the rejuvenated Nigeria Society of Sports Management (NSSM). The 56-year-old professor of sports management and administration and Provost, College of Education at KWASU, took over the position from Prof. Clement Oluwaseun Fasan of the University of Lagos. Gambari was unveiled as new NSSM boss at a meeting last week in Ibadan where former director at the National Sports Commission, Dr. Bolaji Ojo-Oba, and NSC’s Zone II Coordinator, Dr. Steve Olarinoye, among other sports administrators, were present. Gambari, a keen tennis player

whose hobbies also include reading and traveling, said at the weekend that the appointment had come at a time he described as auspicious. “Sports in Nigeria is in a critical state at the moment and needs direction that can be most sustainable and this is exactly what myself and my time will aim to address in the most efficient and professional way,” the Ahmadu Bello University, Zaria product who was also former two-term head of the Physical and Health Education at the Bayero University, Kano remarked. “We will aim to have an inclusive society of sports managers in Nigeria and we are resolved to collaborate with the Federal Sports Ministry, states’ sports ministries, as well as other sports agencies to elevate the fortune of sports in the country to world-class.”

Ebuehi... dumps Nigeria for Dutch club

Japanese Largess Tears Dream Team Apart Players and officials of the country’s team to the 2016 Olympics Games in Brazil are up in arms over the sharing of the cash gift from Japanese surgeon with a claimed $22,000 bank charge another bone of contention. Wealthy surgeon, Katsuya Takasu, donated $390,000 to Dream Team VI after they overcame several odds to win bronze medal at the Rio Games. However, some members of the backroom staff have

complained they were paid $6,000, while some of their colleagues received as much as $14,000. “This was not the agreement, the coach has gone back on his word that the money will be shared equally,” said a very disgruntled team official. An alternate player to the Rio Olympics said: “I got $6,000. My brother I don’t want to feel hurt that is why I don’t want to know how much my fellow players who were registered for the

Olympics got. “I know the money the registered players got was quite different from ours.” Another official argued that players and officials officially registered for the Olympics were given priority in the sharing of the cash. “The official squad of 18 players and seven officials were the priority (in sharing the money),” he reasoned. “But since others also played some part in Rio, it was all decided not to leave them

out.” Independent investigations reveal that all 22 players – 18 registered and four alternate – were charged $1,000 each as “bank charges” even when about a million Naira was actually charged by the bank for this transaction. Defender Segun Oduduwa, who was injured in training before the Olympics, also got a share of the largess, while some family members of a top official also smiled to the bank.

NCC TENNIS LEAGUE

TeamTombim Edges DebutantsTeam Lead Way in Blue Group Clash Defending champions Team Tombim were pushed to the limit by debutantes Team Lead Way in a Blue Group clash which took place at the National Stadium Surulere over the weekend. The Abuja based team however squeezed through 3-2 overall to strengthen their stake for a semifinal berth. National champion Moses Michael, playing for Tombim, had to dig deep to recover from losing the first set 6-2 (trailed 0-4) to beat Joseph Imeh 2-6, 6-2, 6-1. Lead Way’s Monday Igbinovia then cancelled the lead by also recovering from a disastrous first set to beat Christopher Edwards 0-6, 6-4, 7-5. In the women’s singles, Sarah Adegoke (Tombim) overcame a highly determined Ronke

Akingbade 6-3, 7-5 while Lead Way took the men’s doubles with Igbinovia and Mohamed Mohamed edging Michael and Christian Paul 6-4, 4-6, 11-9 to end the opening day tied 2-2. Both teams split the singles on the final day with Michael expectedly beating Igbinovia 6-2, 6-2 and Imeh upsetting Paul 6-4, 6-1 to push the tie to a decider. Team Tombim, using their lead players Michael and Adegoke won the decisive mixed doubles against Igbinovia and Akingbade in straight sets. Team Tombim now leads the group with two wins and no loss while Team Lead Way has one win and a loss to place third in the group. In Ilorin, Team Offikwu from Kaduna parading top national

players - Sylvester Emmanuel, Emmanuel Idoko, Albert Bicom and Aanu Aiyegbusi proved too strong for the Ilorin based Team Goshen. Team Offikwu overwhelmed Team Goshen 7- 0 in a well attended tie that was watched by the Kwara State commisioner of sports, Khale Ayo Nuhu and director of sports, Tunde Kazeem. Team Offikwu now holds second position with two wins and one loss. Reacting to the one-sided scoreline, Goshen team coordinator, Adewale Obalola said: “It is a good experience for our boys and girls to see how advanced Nigerian tennis has become since this league started last year. They can now appreciate how much hard work they have to put in to

attain the kind of level they have seen in this match. The coaches do not have to beg any of the players to train, they are now self motivated and we can see the players improving with every tie,” The next match for Goshen will be in Abuja next weekend where they take on defending champions Tombim. “We know Tombim is also a strong team but it is good for our players to compete against the best and it will help us develop our junior programme too.” Obalola said. Other matches for the weekend of Nov. 5 to Nov. 6 are Team Kalotari versus Team Hope of Asaba at the Port Harcourt Club and Team Civil Defence against Team CBN Futures at the Murtala Square in Kaduna.

T H I S D AY •TUESDAY NOVEMBER 1, 2016

TUESDAYSPORTS

U E FA C H A M P I O N S L E A G U E

Guardiola Wants ‘Perfect’ City against Barca Tonight Embattled Manchester City Manager, Pep Guardiola, has admitted his players must keep their discipline and produce the “perfect” performance to beat Barcelona in the UEFA Champions League at Eastlands this evening. Guardiola’s side lost 4-0 in their Group C encounter against the Spanish giants at the Nou Camp on October 19 –- their fifth defeat in as many meetings with the Catalan club. City goalkeeper Claudio Bravo was sent off in that match and Guardiola acknowledged the importance of keeping 11 players on the pitch against a side of Barcelona’s class. “We know we need to play almost perfectly,” Guardiola, who guided Barcelona to two Champions League titles while manager from 2008-12 after starring for the club as a player, told a news conference yesterday. “It’s always difficult in the Champions League. Ten versus 11 against Barcelona is almost impossible. We have to improve that otherwise it is impossible to achieve the target. “I have never thought we can’t win a football match and I will never start to think that way, even though we lost 4-0. Group A

Team Arsenal PSG Ludogoret FC Basel

Group B

Team Napoli Besiktas Benfica D’Kyiv

Group C

Team Barca Man City M’gladbach Celtic

Group D

Team Atlético Bayern PSV FC Rostov

Group E

Team Monaco Tottenham Leverkusen CSKA

Group F

Team Madrid Dortmund Lisbon Legia

Group G

Team Leicester Copehagen FC Porto Brugge

Group H

Team Juventus Sevilla Lyon D’Zagreb

We’ll give it a go. We know it is difficult and they are a difficult opponent. “Maybe we are going to change the way we press, the build-up, many things. I would like to play in a good level. What passed in Barcelona, that is not the reason for what it is going to happen here. “We have to be focused in 90 minutes knowing they are going to provoke our mistakes with the quality they have. In that moment we try to keep going and finish better than in Barcelona.” Barcelona top the group at the halfway point with three victories from their three matches, while City have four points after a draw against Celtic and victory over Borussia Moenchengladbach. Guardiola said the group standings meant tonight’s match was of greater significance for City than Barcelona. “It is not a final for them. It is a final for us,” the 45-yearold explained. “There are just three games left. We dropped two points in Glasgow against Celtic and we need to recover those points. “Every manager, every trainer has his plans. We know them, they know us. But football is unpredictable.

P 3 3 3 3

W 2 2 0 0

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P 3 3 3 3

W 2 1 1 0

D 0 2 1 1

L 1 0 1 2

GF 8 5 5 2

GA 6 4 5 5

GD 2 1 0 -3

Pts 6 5 4 1

P 3 3 3 3

W 3 1 1 0

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L 0 1 2 2

GF 13 7 3 3

GA 1 7 6 12

GD 12 0 -3 -9

Pts 9 4 3 1

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GD 3 7 -4 -6

Pts 9 6 1 1

P 3 3 3 3

W 1 1 0 0

D 2 1 3 2

L 0 1 0 1

GF 4 2 3 3

GA 3 2 3 4

GD 1 0 0 -1

Pts 5 4 3 2

P 3 3 3 3

W 2 2 1 0

D 1 1 0 0

L 0 0 2 3

GF 9 10 4 1

GA 4 3 4 13

GD 5 7 0 -12

Pts 7 7 3 0

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Man City’s Debruyne (right) giving Aguero a hi-five in a previous game while other players watch with excitement Hopefully our quality in front can make a difference. “In the first half we played well at Camp Nou but the two wide players for Barcelona are almost unstoppable. The only thing I can ask of our players is they play the way they know.” With Bravo suspended following his red card in the first fixture, Willy Caballero will start in goal for the match at the Etihad Stadium and Guardiola

has every confidence in the 35-year-old goalkeeper. “He has helped me very much from the first few games,” Guardiola said. “I like Willy on a personal level and as a goalkeeper he has played and given a lot of confidence. If he plays well, we’re all be happy with him. If he doesn’t, then we will support him. But I have no doubts about him.”

TONIGHT Besiktas v Napoli B’Gladbach v Celtic Ludogorets v Arsenal Benfica v D’ Kyiv Basel v PSG PSV v Bayern Man City v Barcelona Atletico v Rostov

TOMORROW Legia v Madrid Juventus v Lyon Monaco v CSKA Porto v Brugge Sevilla v D’Zagreb Copenhagen v Leicester Tottenham v Leverkusen Dortmund v Sporting

L E G E N D S W R E ST L I N G F E ST I VA L

Gowon, Ekweremadu, Harp on Importance of Sports to National Unity Some top Nigerians, including a former Head of State, General Yakubu Gowon (rtd), have harped on the need to use sports to unify the country. Speaking at the unveiling of the Unity Torch for the Legends Wrestle for National Unity Festival at the Transcorp Hilton in Abuja yesterday, Gen. Gowon noted that sports could be used as a tool for national unity and development of the country. He urged Nigerians to support the Legends Wrestle For National Unity Festival, for the good of the country, at large. Also speaking at the event, the Deputy Senate

President, Dr. Ike Ekweremadu, particularly harped on the need to develop school sports in Nigeria. “You do not need a university degree to be a good sports person… what you need is a good skill and a conducive environment. “We believe that if we are able to develop sports, we would be able to create jobs to ensure that some people who do not have formal education and those who do not have the opportunity of achieving much in education can also gain prominence just as their counterparts in Europe, America and the rest if the world.

Ekweremadu noted that the bill to restructure sports, which was recently passed by the Senate, would provide a level playing ground for every stakeholder and also professionalize football in Nigeria. “The Senate is likely to take the second reading by this week and we are going to give it accelerated consideration and then pass it into law. “It is key to diversifying the economy and when you are diversifying you are not talking about agriculture and solid minerals; sports and tourism are areas where we have comparative advantage.” Enugu State Governor,

Ifeanyi Ugwuanyi, had revealed that the state intends to use the event it is hosting to promote the unity of Nigeria. In his contribution, Sports Minister, Solomon Dalung, appealed to the youths to make selfless sacrifice for the country. “We don’t need to waste resources in other things in search of posterity and stability; there is only one miracle we can do to unite this country and keep young people engaged and that is to engage in sports. “A country that neglects its investment in the youths and sports is investing in building a cartel of criminals for tomorrow.”

Keffi Ponys, Almat Rule 2016 MTN African Patrons Cup Polo The prestigious 2016 MTN African Patrons Cup Polo Tournament came to a pulsating end with Keffi Ponys and Abuja Almat winning the African Patrons and General Hassan Kastina Cups respectively. The battle for the General Hassan Cup that pitched two debutants, Abuja Almat and Kaduna Amana Insurance team, was an exciting duel that saw 11 ½ goals in the match Amana Insurers had managed to hold back the rampant Almat warriors (

Ibrahim Musa, Idris Badamasi, Malik Badamasi and their patron, Maurice Ekpenyong) in the early stages, managing a 2 ½ -4 score line at the end of the second chukka of the final The closing two chukkas did belong to Almat as Ibrahim, Idirs, Malik and Maurice each scored to close down the battle weary Amana Boys and write their names in gold. They won for themselves the General Hassan title at the first attempt. In the Patrons Cup, Keffi Ponys, who edged out Fifth

Chukker at the semifinal stage, defeated Abuja Rubicon 7-4 in the explosive final game to retain the continental title they won last year. Rubicon came into the final as favourites after discarding Kano Lintex during the semifinal stage. But after allowing the defending champions jump to the front with two quick goals in the opening chukka, their chances waned as the game wore on. With a 5-2 lead and two chukkas left to play, Keffi Ponys were firmly in the driving seat. The team fought

off a spirited push back by Rubicon who closed the gap with two more goals. Hamisu Buba and Wadada hit back with two goals to clinch an emphatic 7-4 victory and retain their title for another year. Some of the dignitaries that thronged the Fifth Chukker lawns of the magnificent Kangimi Resort, Kaduna, venue of the competition, include; the Argentine Ambassador to Nigeria, Dzugala Gustavo, The District Head of Marafan Shagari, Dzugala Gustavo amongst others.

Tuesday November 1, 2016

UT H

& RE A S O

Price: N250

MISSILE PDP Lawmakers to Ibrahim

“We reject injustice that can bring anarchy to the land of Ondo State. We have come collectively to state that this travesty of justice must not stand, as it borders on the democratic existence of our dear state and the peaceful co-existence of its people. The entire people of the state are still in shock over the ungodly court order directing INEC to substitute the PDP candidate, Eyitayo Jegede, with an individual unknown to the party, one Mr. Jimoh Ibrahim” – Twenty-one Peoples Democratic Party (PDP) lawmakers of the Ondo State House of Assembly rejecting the substitution of Eyitayo Jegede with Jimoh Ibrahim as the candidate of the party in the forthcoming governorship election in the state.

CHIDIAMUTA GUEST COLUMNIST

Good Night, Mr. Trump I

n a few days time, America’s meritocratic political system will present a bulky casualty. Mr. Donald Trump will in all likelihood fail the examination of a system that really scrutinises those who aspire to lead the nation. As the various polls indicate, the American electorate have largely scored Mr. Trump badly. All that showmanship and posturing will end up in a concession speech which Mr. Trump’s elephantine ego may be too reluctant to make. But the prospect of a President Trump is dead on arrival. In about one week, the first Woman will ascend the most powerful political leadership position in the world. Perhaps all this was a well-choreographed drama of heightened expectations by a consummate businessman with eyes set on profit than on political supremacy. In a revealing expose in summer 2015, The Times of London disclosed that the last person whose counsel Trump sought by a phone call before he decided to run for the presidency was Bill Clinton. All that now belongs in a past that prepared the world for this moment. The unlikely prospect of a Trump presidency was minimally nightmarish and even apocalyptic. In his ill-digested bid to ‘make America great again’, Mr. Trump spent a whole campaign year regaling his countrymen and women and indeed the whole world with glimpses of a tragedy foretold and a disaster in the making. He was going to build a wall at the US-Mexico border at Mexico’s expense to keep illegal Mexican immigrants- a cocktail of assorted criminals- away. He would shut out unwanted aliens especially Muslims from the United States and subject those who must enter to a series of ideological pre-entry tests. An anti-immigrant task force will come knocking on nearly every door to fish out and deport undocumented immigrants from the US irrespective of whether their off spring are bona fide US citizens. His prospective international menace was even more frightening. He would let nations with the means — South Korea, Germany, Japan, Saudi Arabia etc. — acquire and use nuclear weapons if only to reduce America’s financial burdens abroad. He openly admired Vladimir Putin and regretted the liquidation of Muamar Gadhafi and Saddam Hussein! It is of course true that America’s foreign policy for a good part of the 20th and early 21st centuries has not been too rewarding to others. In pursuit of its national interests abroad, America has blundered variously. It has felled bloody dictators only to vicariously erect dangerous armed bandits in Iraq and Libya for instance. It has destabilised whole regions and upset traditional balances of power in Vietnam while problematising territorial disputes like over the South China Sea. But on balance, the United States in the post World War II period has been more an agent of global order than that of instability. On the domestic front, Trump may have had a few disjointed welcoming sound bites about bringing back American jobs from Mexico and China. He probably forgot that US manufacturers shipped their operations abroad in search of cheaper labour and lower production costs following the aggressive unionisation of labour in the Ronald Reagan days. He could be excused for appealing to the popular sentiments of the unemployed for political advantage. But the revelations about his moral indiscretions especially in his relationship with women are inexcusable. In the life of a normal male, it is perhaps healthy to stroke some breast here, thump some buttocks there or steal a peck over there, if done with mutual consent behind closed doors.

But for a wealthy man to abuse his power of money and celebrity to prey on women as a sport is a reckless assault on and debasement of womanhood. To proceed therefrom to seek the most powerful office in the world is arrogant insensitivity writ large. Mr. Trump’s singular qualification for seeking to lead the free world is his credential as a businessman. He endlessly brandished an unverified net worth which he personally put at over $10 billion. Subsequent scrutiny suggested Mr. Trump might be worth only about half that figure when you factor in all manner of accounting and exposure inconsistencies. He is still rich by any standard but his endless bragging about his wealth is very un-American in many senses. That is the nation of Sam Walton, founder of Wal-Mart whose choice location was behind the shop till and whose favourite vehicle was a pickup truck. That is the nation of Bill Gates, easily the world’s richest single individual who still drives himself to work and who resisted that Microsoft should buy a business jet just to ferry him to and from meetings around the world. Not to talk of the great Warren Buffet who has lived in the same modest apartment almost all his life in spite of a net worth that is over five times that of the egocentric loud-mouthed Trump. Let us not talk of the younger really wealthy Americans like Mark Zuckerberg with his $38 billion, who is so enamoured of his jeans and T-shirts that he hardly varies the colours! In a nation that has long been greeted as the bastion of global capitalism, the minimum expectation is that anyone who hoists a business credential would at least pass the minimal tests of compliance and relative transparency. Not for Trump. He refused to disclose his tax returns and the brief details that the media sneaked out indicated that the man had not paid personal income tax for close to two decades while the maids and janitors in his gleaming high rise hotels sweated to pay personal income tax from their starvation wages. For capitalism and American business, Trump remains a sad advertisement. Inherent in the crisis of global capitalism today is a certain moral crisis. The crisis is inherent in the global inequality, which the triumph of the capitalist free market has engendered all over the world. While capitalism has created immense prosperity for the top 2% of Americans, it has left the vast base of the pyramid frustrated, impoverished and dejected. Capitalism is therefore under severe moral pressure to don a more human face, to show greater social responsibility and indicate that the end of profit can still be served if employers of labour show a greater compassion for the welfare of their employees. I am not sure Mr. Trump understands these higher truths. Not for Trump the nuanced refinement of political rhetoric. Not for him the depth of knowledge on policy issues or indeed the higher ideals of diplomatic candour. He shot straight from the hip or groin whichever prompted him first. I doubt that he understood the imperative for the future leadership of the United States to provide leadership in mitigating capitalism’s risk of latent self-destruction. Instead, he would pursue policies of protectionism, shutting out immigrants and competitive trade arrangements with other countries, agreements that enabled American business to embrace global competitiveness. He would erect trade and tariff barriers against China, Japan, Mexico and practically every other nation that his narrow perspective saw as a threat to America’s economic supremacy. For the United States, this meant a

recourse to the early 19th century populism of Andrew Jackson who appealed to ‘the common man’ or the protectionist isolationism of the 1930s associated with men like Smoot-Hawley and Charles Lindbergh. Even if Trump were to be the finest of businessmen in America, the contest that he waded into remains first a political one. The rules of business and those of politics are divergent. A businessman who decides to go into politics must first learn the idiom, methods and idiosyncrasies of politics and politicians. Trump began to fail the moment he decided that he would introduce the methods of his brand of business to change American politics and politicians. He said he wanted to straighten out Washington. He would get Congress to rubber stamp his whims, caprices and prejudices; he would make ‘great trade deals’ on behalf of the USA, the way he had done for Trump Incorporated. He would deliberately overdraw on the national debt and then default (or declare serial bankruptcies as in his own businesses) in order to negotiate a discount later etc. In short, he would bring America back to ‘profitability’ or greatness a la Trump Incorporated. But alas, no one in his nebulous campaign had the courage to tell Mr. Trump that nations are not businesses. They are political entities that exist to manage the expectations and meet the needs of the greatest majority of diverse peoples. Nations are successful not when they make a ‘profit’ but only when they are managed by politicians to meet

the greatest expectations of the greatest majority. By their nature, nations and their governments are wired to do things that would look stupid to business leaders and the boards they serve. Governments build big houses that no one would live in or asked for. They waste big money on silly elaborate ceremonies that feed the pomposity of state occasion and sate the idiocy of officialdom. If you subtract the foolish things governments pay for from the sensible few things they do, nearly every government in the world would return a profit in a business sense. But government is government: a carefully structured and universally licensed and accepted foolery. Of course Trumpism as a decadent variant of conservatism has had its followership not just in the United States but elsewhere by other names. Its primary appeal is the urge to constrict national spaces and resources to a native square. The nation state becomes more or less a tribe of narrow-minded demagogues, a playground for opportunistic troublemakers and part time political rascals intent on hacking down the traditional establishment. The rhetoric is a drive for ‘change’ from politics as usual to political anarchism. It demolishes but has no plan to reconstruct. •Dr. Amuta is Chairman, Wilson & Weizmann Associates Ltd, Lagos, Nigeria NOTE: The rest of this article continues in the online edition of THISDAY: www. thisdaylive.com

GAMING THE SYSTEM CHIEF, YOUR ARREST AND YOUR SUBSEQUENT RELEASE ON BAIL CREATED A MEDIA FRENZY AND AS EXPECTED, THE EFCC IS PREPARING THE MOTHER OF ALL CHARGES AGAINST YOU!

WHAT’S THAT, CHIEF LATHIEF?

AND MY LAWYER, BARR LAROBBAR, SAN IS PREPARING TO “SPEAK” TO JUDGE BRAIBEE TOO! AS FOR ME, I AM PREPARING THE MOTHER OF ALL GAMES THAT WORKS ALL THE TIME!

BY GOD’S GRACE, TONIGHT, I’M GOING TO BE HOSPITALISED AND “SETTLE” FOR THE INTENSIVE CARE UNIT AND THEN A COMA! BY THE TIME I “RECOVER”, THE EFCC WILL BE BUSY WHIPPING UP THE PUBLIC INTO A FRENZY ABOUT ANOTHER BIG ARREST!

01-11-16

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