Tuesday 11th April 2017 by THISDAY Newspapers Ltd

CBN Opens Special FX Window for SMEs, Traders Obinna Chima As the demand for foreign exchange continues unabated in the parallel market segment of the forex market, the Central Bank of Nigeria (CBN) yesterday unfolded yet another policy measure, stating that it has opened a special forex window for small and medium

scale enterprises (SMEs). This, according to the central bank, would enable small and medium-sized businesses import eligible finished and semi-finished items, not exceeding $20,000 per operator each quarter.

CBN spokesman, Mr. Isaac Okorafor explained in a statement that the Bank’s special intervention was necessitated by findings that a large number of SMEs were being crowded out of the forex space by large firms.

He did not add that the crowding out has forced several of such businesses to turn to the parallel market to meet their forex requirements, effectively increasing demand for the greenback on the streets.

According to him, under the special arrangement, enterprises with employee strengths of between 10 to 199 and an asset base of between N5 million to less than N500 million will be offered the opportunity to

Fowler: FIRS Collected N3.03tn Tax in 2016... Page 41

import eligible items within the approved threshold. Okorafor further disclosed that the central bank had begun the massive sale of forex in different sectors of the market this week. The CBN also continued its intervention in the forex Continued on page 9

Tuesday 11 April, 2017 Vol 22. No 8027. Price: N250

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Top NNPC Officials Recommended for Retirement over Products Expropriation Probe c’ttee yet to submit report, says corporation Oil prices rise on Libyan field closure, Syrian attacks Ejiofor Alike with agency report

WORTHY RECOGNITION FOR HONESTY

L-R: Bauchi State Governor, Mohammed Abdullahi Abubakar; Deputy Senate President, Senator Ike Ekweremadu; GMD/CEO, United Bank for Africa (UBA) Plc, Mr. Kennedy Uzoka; UBA CEO awardee, Mr. Ibrahim Ogbonago; Group Chairman, UBA Plc, Mr. Tony Elumelu; Adamawa State Governor, Bindow Jibrilla; and Directors of UBA Plc, Mrs. Onari Duke and Alhaji Ja’afaru Paki, during the presentation of the UBA CEO Award for Excellence to Mr. Ogbonago, a UBA security guard who returned the lost sum of $10,000 belonging to a customer, at the UBA 2017 CEO Awards ceremony held in Lagos… weekend

There are strong indications that the committee set up by the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru to evaluate the roles played by some of the corporation’s officials in the illegal product evacuation from Capital Oil & Gas Limited may Continued on page 9

Trump to Sell 12 Attack Planes to Nigeria for Boko Haram Fight Sale initiated by Obama administration, put on hold after Rann accidental bombing

Davidson Iriekpen with agency report In line with U.S. President Donald Trump’s pledge to assist the Nigerian government in its fight against terrorism, his administration has

indicated that it will move forward with the sale of high-tech aircraft to Nigeria for its campaign against Boko Haram Islamic extremists.

During Trump’s phone call to President Muhammadu Buhari shortly after the U.S. president was sworn-in last January, he had pledged to

sell attack aircraft to Nigeria, despite concerns over abuses committed by the country’s security forces. According to U.S. officials,

Congress is expected to receive formal notification within weeks, setting in motion a deal with Nigeria that the Obama administration had planned

Ex-first Lady Patience Jonathan Sighted at Skye Bank in Abuja... Page 41

to approve at the very end of Barack Obama’s presidency, reported Associated Press (AP) yesterday. The arrangement will call for Nigeria to purchase up to 12 Continued on page 9

T H I S D AY TUESDAY APRIL 11, 2017

TUESDAY, APRIL 11, 2017 • T H I S D AY

PAGE NINE TOP NNPC OFFICIALS RECOMMENDED FOR RETIREMENT OVER PRODUCTS EXPROPRIATION have recommended the compulsory retirement of four top management staff for their alleged complicity in the expropriated petroleum products.

The affected staff, it was learnt, include the Managing Director of the NNPC Retail, Mrs. Esther Nnamdi-Ogbue; General Manager (Operations) of NNPC Retail, Mr. Mamza Gwadabe; another official of NNPC Retail, Mr. Ibrahim Bello, and an unnamed official. However, the Group General Manager, Group Public Affairs Division of NNPC, Mr. Ndu Ughamadu told THISDAY yesterday that the committee was yet to conclude its assignment. Ughamadu said he was not aware that the committee had submitted its report and if the report had been considered for a final decision to be taken on the matter. Following the alleged disappearance of 130 million litres of petrol stored in the depots of MRS Limited and Capital Oil under a throughput arrangement, the corporation had

announced measures to recover the products. Baru had set up two committees, one of which was to evaluate the roles played by some NNPC staff in the illegal products diversion with a view to applying appropriate sanctions to serve as a deterrent. The second committee was asked to review the corporation’s entire throughput policy in order to prevent productdiversion in future. THISDAY gathered that one of the committee has recommended the retirement of the four affected officials. All efforts to speak with one of the officials, Nnamdi-Ogbue, proved abortive, as she did not respond to phone calls or text messages. But Ughamadu stated that the committees were still working on their assignments. “As you are aware, NNPC had issues with MRS Oil and Capital Oil. MRS Oil has fully settled with the NNPC. “In line with administrative procedures, the Group

Managing Director of NNPC, Dr. Maikanti Baru instituted a committee to ascertain what really happened. The committee is still on its assignments. “The procedure is that when the committee submits its report, the report will be deliberated. I am not aware that these procedures have been concluded,” he explained. NNPC’s Chief Operating Officer, Downstream, Mr. Henry Ikem-Obih had reportedly alleged that the infraction was discovered earlier in the year when the corporation wanted to access over 100 million litres of petrol stored at Capital Oil and more than 30 million litres at MRS’ depot. He disclosed that the corporation alerted the Department of State Services (DSS), the Economic Financial Crime Commission (EFCC) as well as the relevant committees of the National Assembly with oversight functions of the corporation’s downstream operations to help recover the assets. Ikem-Obih, however,

added that MRS fully complied by returning the 30 million litres of petrol that it expropriated while the corporation had not achieved much progress with Capital Oil, which was yet to return 82 million litres of petrol valued at N11 billion, out of the over 100 million litres which it took. Though the DSS invited the Managing Director of Capital Oil, Mr. Ifeanyi Ubah, who was asked to report daily at the DSS headquarters, the company had insisted that the NNPC was indebted to it and called for the reconciliation of its account with the corporation. MRS Oil also described as false, malicious and unfounded, the allegation that it expropriated NNPC’s products kept at its terminal under a throughput arrangement. According to the company, the allegation was a misrepresentation of the workings and processes of the downstream operations. Meanwhile, the price of oil almost hit $56 a barrel

yesterday, supported by another shutdown at Libya’s largest oilfield over the weekend and geopolitical tensions following last week’s U.S. missile strike on Syria. Reuters reported that Libya’s Sharara oilfield was shut on Sunday after a group blocked a pipeline linking it to an oil terminal. The field had only just returned to production, after a week-long stoppage ending in early April. The outage added fuel to a rally that started late last week after the U.S. fired missiles at a Syrian government air base. While analysts point out that Syria produces only small volumes of oil, the Middle East is home to more than a quarter of the world’s oil output. Following the shutdown of the Libyan field and the attacks on Syria, Brent crude, the global benchmark, rose 65 cents to $55.89, not far from the one-month high of $56.08 reached on Friday. U.S. crude, West Texas Intermediate (WTI), was up 73 cents at $52.97 per

barrel. Oil prices have also been supported by a deal led by the Organisation of the Petroleum Exporting Countries to cut output by 1.8 million barrels per day for the first six months of 2017, to get rid of excess supply. Libya and fellow OPEC member, Nigeria are exempt from cuts. In a sign of OPEC's confidence that the deal is working, Kuwait’s oil minister said he expected producers’ adherence in March to their supply cut pledges to “be higher than the previous couple of months”. The minister, Essam al-Marzouq, also said he saw “positive indications” in the decline of global oil stocks. However, the price rally has also encouraged production in other countries such as the U.S., filling some of the gap left by OPEC-led cuts. U.S. crude inventories touched record highs both at the U.S. storage hub of Cushing, Oklahoma, and in the U.S. Gulf Coast in recent weeks, according to U.S. government data.

intervention in the market with the sale of more dollars in both the retail and wholesale windows in the course of the week. Findings by THISDAY further showed that despite the sustained interventions by the CBN, the country’s external reserves continued to rise. The reserves, derived mainly from crude oil

earnings, climbed by $59 million to $30.366 billion as of April 7, compared with $30.307 billion on April 3.. The naira, however, maintained its previous day’s value of N405 to the dollar on the parallel market yesterday. On the official market, the naira depreciated to N328.50 earlier in the day before closing at N306.15 after the central

bank’s intervention. “In the weeks ahead the CBN will sustain its intervention through the sale of foreign exchange to all segments of the market, that it, PTA/ BTA, Wholesale SMIS, Retail SMIS and the BDCs. “The Bank will sell short tenured forwards of 7-30-day maturities to meet the demand of manufacturers and all

other foreign exchange users. “These significant injections of foreign exchange into the market should reassure all foreign exchange users of our determination to continue to meet all legitimate FX demand in the market while striving to achieve exchange rate stability in the market,” Okorafor explained.

Nigeria also is strategically located on the edge of the Sahel, the largely lawless semidesert region bridging north and sub-Saharan Africa where experts warn Islamic extremists like the Nigeria-based Boko Haram may expand their reach. The aircraft deal also would satisfy Trump’s priorities to support nations fighting Islamic uprisings, boost U.S. manufacturing and create high-wage jobs at home. The A-29 aircraft, which allow pilots to pinpoint targets at night, are assembled in Jacksonville, Florida. “It’s hard to argue that any country in Africa is more important than Nigeria for the geopolitical and other strategic interests of the U.S.,” said J. Peter Pham, vice president of the Atlantic Council in Washington and head of its Africa Center. Once Congress is officially notified of the sale, lawmakers who want to derail it have 30 days to pass veto-proof legislation. That’s a high

hurdle given Corker ’s support. Sen. John McCain, R-Ariz., chairman of the Armed Services Committee, also said he backs the sale. “We’ve really got to try to do what we can to contain them,” McCain said of Boko Haram. In Trump’s first phone call with Buhari in February, he “assured the Nigerian president of U.S. readiness to cut a new deal in helping Nigeria in terms of military weapons to combat terrorism”, according to Buhari's office. A February 15 White House statement that provided a summary of the call said “President Trump expressed support for the sale of aircraft from the United States to support Nigeria’s fight against Boko Haram”. Sen. Ben Cardin of Maryland, the top Democrat on the Foreign Relations Committee, said in mid-February he was “leery” of the sale because of the Nigerian military’s impunity. Cardin said this week he’s not trying to block

the deal. “Ultimately we hope that the sale goes forward,” he said. “But there is progress that needs to be made in protecting the civilian population.”

CBN OPENS SPECIAL FX WINDOW FOR SMES, TRADERS market yesterday, offering the sum of $100 million to authorised dealers at an auction in the interbank wholesale window.

It also sold $10,000 each to BDCs to meet the needs of low-end users in the country. Okorafor said that the dealers in the wholesale segment would have value for their respective bids today. According to Okorafor,

of the $100 million offered by the CBN last Thursday, $99,544,417.45 was picked up by dealers. Meanwhile, operators in the Bureau de Change (BDC) segment have duly funded their accounts with the CBN in anticipation of picking up $10,000 each today. Feelers also indicated that the CBN would continue its special

TRUMP TO SELL 12 ATTACK PLANES TO NIGERIA FOR BOKO HARAM FIGHT Embraer A-29 Super Tucano aircraft with sophisticated targeting gear for nearly $600 million, one of the officials said.

The officials were not authorised to discuss the terms of the sale publicly and requested anonymity to speak about internal diplomatic conversations. Though President Trump has made clear his intention to approve the sale of the aircraft, the National Security Council is still working on the issue. Military sales to several other countries are also expected to be approved but are caught up in an ongoing White House review. Nigeria has been trying to buy the aircraft since 2015. The Nigerian Air Force has been accused of bombing civilian targets at least three times in recent years. In the worst incident, a fighter jet on January 17 repeatedly bombed a camp at Rann, near the border with Cameroun, where civilians had fled from Boko Haram. Between 100 and 236 civilians and aid workers

were killed, according to official and community leaders’ counts. That bombing occurred on the same day the Obama administration intended to officially notify Congress that the sale would go forward. Instead, it was abruptly put on hold, according to an individual who worked on the issue during Obama’s presidency. Days later, Trump was inaugurated. Sen. Bob Corker, R-Tenn., the chairman of the Foreign Relations Committee, said this past week that he supported the A-29 deal to Nigeria as well as the sale of U.S.-made fighter jets to Bahrain that had been stripped of human rights caveats imposed by the Obama administration. Under Obama, the U.S. said Bahrain failed to make promised political and human rights reforms after its Sunni-ruled government crushed Arab Spring protests five years ago. “We need to deal with human rights issues, but not on weapons sales," Corker said.

The State Department said in a 2016 report that the Nigerian government has taken “few steps to investigate or prosecute officials who committed violations, whether in the security forces or elsewhere in the government, and impunity remained widespread at all levels of government”. Amnesty International has accused Nigeria’s military of war crimes and crimes against humanity in the extrajudicial killings of an estimated 8,000 Boko Haram suspects. Buhari had promised to investigate the alleged abuses after he won office in March 2015, but no soldier has been prosecuted and thousands of people remain in illegal military detention. Nigeria’s military has denied the allegations. The A-29 sale would improve the U.S. relationship with Nigeria, Africa's largest consumer market of 170 million people, the continent’s biggest economy and its second-largest oil producer.

TOP GAINERS NGN NGN FIDELITY BANK 0.08 0.92 TOTAL 10.65 270.00 C&I LEASING 0.02 0.58 UNITEDCAP 0.07 2.95 NAHCO 0.04 2.49 TOP LOSERS NGN NGN OANDO 0.28 5.62 UNITYBANK 0.03 0.61 TRANSEXRESS 0.04 0.87 DANGOTE SUGAR 0.28 6.12 JAIZ BANK 0.05 1.10 HPE Nestle Nig Plc N750.00 Volume: 191.835 million shares Value: N584.717 million Deals: 2,626 As at yesterday 10/04/17 See details on Page 39

% 9.5 4.1 3.5 2.4 1.6 % 4.7 4.6 4.4 4.3 4.3

T H I S D AY • TUESDAY, APRIL 11, 2017

Obasanjo’s Ex-wife Loses Suit to Stop Son’s Wedding Ak nwa e Akntunde An Ike a H gh Court yesterday d sm ssed the su t nst tuted by Mrs Ta wo Obasan o ex-w fe of the former Pres dent O usegun Obasan o seek ng to stop her son s wedd ng Just ce Lateefa Okunnu d sm ssed the su t on the grounds that her court be ng a fam y court does not have the ur sd ct on to enterta n a matter nvo v ng an adu t who s over 33 years o d Mrs Obasan o n an or g nat ng mot on on not ce fi ed by her awyer Mr Toy n O owoyob o had sought an order for the postponement of the wedd ng of her son O u onwo to S r Kess ngton Adebutu s daughter Tope to any other date after June 30 2017 on the grounds of some sp r tua adv ce The former pres dent and father of the br de Adebutu better known as Baba I ebu a ottery bus ness mogu were the respondents to the su t Mrs Obasan o who s the tw n s ster of Ch ef Kenny Mart ns the former Coord nator of the Po ce Equ pment Fund wanted the court to dec are that as the mother of the groom she had parenta r ghts to take part n the de berat ons dec s ons and act v t es ead ng to the ceremony She stated that the wedd ng nv tat ons had been ssued w thout her nvo vement n the preparat ons

for the upcom ng nupt a s Accord ng to her pr or to the fix ng of the wedd ng date she had a premon t on regard ng her son who w turn 34 on June 1 She a so prayed the court to compe a stakeho ders n the wedd ng to agree to postpone the wedd ng so as to a ow her perform her parenta dut es towards her son Address ng the court yesterday Mrs Obasan o s awyer Mr Adeyem Adegb te urged the court to grant the r prayers by postpon ng the wedd ng n the nterest of h s c ent s son s we fare But counse to the respondents Mr Bode O an pekun urged the court to d sm ss the su t on the grounds that the court acked the ur sd ct on O an pekun who c ted Sect on 18 of the Marr age Act and Sect on 261 of the Ch d s Act to buttress h s argument added that the court acked the ur sd ct on to hear the matter because the ch d n the su t was above 18 “The respondent acks the requ s te ocus stand to nst tute th s act on Further the respondent s c a m s not prem sed on any cogn sab e ega r ght The nstant su t s academ c and specu at ve “The su t does not fa w th n the purv ew of the court s ur sd ct on under the Fam y Court of Lagos

State (C v Procedure) ru es 2012 “The present su t as const tuted v o ates Sect on 36 of the 1999 Const tut on of the Federa Repub c of N ger a as amended “The su t s a gross abuse of court process ” O an pekun subm tted He a so drew the attent on of the court to a etter purported y wr tten to a church that the court had g ven an n unct on stopp ng the wedd ng In a short ru ng Just ce Okunnu he d that her court be ng a fam y court d d not have ur sd ct on to enterta n a matter nvo v ng an adu t who s over 33 years o d “On March 27 2017 I d rected counse to address me on whether th s court has ur sd ct on to enterta n a su t over a ch d that s an adu t “Th s court ad ud cates on matters nvo v ng ch dren under 18 years and the sub ect matter n th s su t s a 33-year-o d adu t “I regret to say that th s court does not have ur sd ct on to hear th s matter Moreover th s su t does not d sc ose any cause of act on “Th s su t s hereby d sm ssed n ts ent rety ” the udge ru ed The udge a so noted that the etter purported y wr tten to the church conduct ng the wedd ng was prem sed on a wrong not on as she never made a pronouncement concern ng the wedd ng

Woman Delivers Baby Girl Onboard Turkish Airlines

STARTERS

Two-Minute Briefing NEWS Fowler: FIRS Collected N3.03tn Tax in

2016 In spite of the economic downturn, the Federal Inland Revenue Service (FIRS) recorded a total tax collection of N3.303 trillion in 2016. No fewer than 14 million taxpayers were also captured in the national tax roll as at December 2016. Page 41

TUESDAY APRIL

11, 2017 • T H

NEWS

I S D AY

Fowler: FIRS Tax in 2016 Collected N3.03tn Says national tax Email davidso

Ndubuisi Francis

Davidson Iriekpe

daylive.com,

08111813081

roll hits 14m

in Abuja

The Executive Chairman In spite of the economic downturn, Mr. Babatunde Fowler, of FIRS, about $100 the Federal Inland per barrel between made disclosures at the opening of the 2012 and 2015. (FIRS) recorded Revenue Service day The service, by a fivejournalism a this entirely new “The Service idea, Fowler of N3.303 trilliontotal tax collection on taxation, training programme is convinced as taxpayer stressed, has in 2016. with progressive that realised sponsored by so far enforcemen enlightenment, tax No fewer the FIRS, of N27 billion. in Abuja. application shore up non-oil t and technology, taxpayers werethan 14 million The FIRS chief revenue. persuasion and new taxpayers. registration of Fowler, who was executive On the training pointed out the national tax also captured in the occasion represented at enforcement on recalcitrant programme Other areas, that the ease also roll as at December for journalists, taxpayers, and by 2016. Fowler said partnership with payment model, which of tax tax education, he listed, included media Debt Managementhe FIRS Director, key the enlightenment stakeholder had requires media t, Mr. Femi Faniyi, taxpayers to The introduction and stakeholderbeen one of the major file their tax campaigns. we will collect s like the media, at the of its “waiver noted that in spite of a challenged returns of interest and s and partners FIRS offices nearest economy, his In order to of the for the nation sufficient revenue has agency recorded engage and FIRS. FIRS added, penalty” policy, increased complianceto them sensitise in 2017.” N3.303 has so far equally taxpayers, “The media has trillion collection a Fowler . raked in N27 This, he stated, added, established the FIRS, he understandi demonstrated a year when “in expand noted that in a bid to billion. oil prices dropped of taxpayers who eased the burden Enlightenm the tax ng the Federal The policy to less than was designed have progress and in reporting FIRS’ commenced a net, his agency from ent and Engagemen promote voluntary tax issues in general. to nine months$50 a barrel for over massive nationwide far places to payhad to travel Tax Teams t registration compliance their and when the taxes. enlighten (FEETT) to engage and You have also been understandin shield taxpayers He listed some and value taxpayers, exercise of new from the burden of stocks on the Nigerian taxpayers other “Journalists seek g... of carrying forward the truth; they Stock registration culminating in the results recorded by the positive Fowler observed nationwide. hold leaders tax liabilities Exchange (NSE) slid and purchasing agency to arising from of 814,000 additional include improved that Interpower was slim. penalty and collaboration with agency collaborative together with accountable and taxpayers by interest. the handshake scholar-activ office December 2016. of the Accountant-G with other governmen “The average ists and change agents, According to eneral of the oil price was they t agencies which societies point the course taxpayers were him, 3.4 million the Federation to ensure that such as the Nigeria ministries, department Customs could chart. Service State Internal also registered by agencies Journalism in s and Safety (NCS), Federal Road Revenue Services Nigeria (MDAs) (SIRSs) as at Decemeber as Withholding remit taxes such Nigeria Commission, (FRSC), very rich past. Its variant has a role in Immigration Nigeria’s anti-colonial Fowler put Nigeria’s last year. Value Added Tax (WHT), and struggle and Tax (VAT) promptly the Corporate Affairs Service and sacrifice against national through tax roll at 14 Commission military rule million as at the global knowledge. December. is a last Financial Government Integrated (CAC) was being strengthene Managemen On information d. “In the last The FIRS, he communicat System (GIFMIS). t Information technology Kasim Sumaina two implemented said, successfully in Abuja (ICT) infrastructuion decades, journalists and half The FIRS boss a FIRS boss 2016 filed an application exposed the re, Koko Nuclear also alluded and penalty waiver of interest the collaboration A mild drama to deploymen stated that the Toxic for three years before court seeking with the (2013 Board t of technology, compelled Italy wastes, which an order freezing the to 2015). at the Maitamaensued yesterday account. and State Internal Joint Tax expansion the cargoes of death to evacuate her and deepening Revenue ongoing Services on Abuja between of Skye Bank in from Nigeria of Dressed in several fronts the former First and flowing such a markedICT initiatives became the exposure of the dehumanisin Lady, Mrs. Patience work conditions feature of FIRS’ Jonathan and Patience, full of smiles, gown, the officials of in a Chinese factoryg was seen bid to in Lagos,” living the bank the premises some he stated. Mrs. Jonathan, bank. who according minutes past 4 p.m. to a source, arrived All attempts to speak with premises as early at the bank proved her attempt to cash as 10a.m. in her shieldedabortive as her security aides denied by what a cheque, was in the her from journalists, and the bank noted a source within of one process, broke the camera of the journalists. the directive of was in line with However, a the Economic source within Financial Crimes and the Commission bank disclosed that in line (EFCC). with the EFCC’s directive, she was unable A Federal High to cash her cheque. had last ThursdayCourt in Lagos All efforts to ordered the speak with unfreezing of the lawyer, her of the former Skye Bank account as he Mr. Ogboli, proved abortive first lady alleged managed to muttered contain $5.8 to words: “All million. is well, we will some The EFCC had in November statement on this; we will issue a certainly get back to you.”

Ex-First Lady, Jonathan SightPatience ed at Skye Bank in Abuja

Top NNPC Officials Recommende d Products Expro for Retirement for priation

Probe c’ttee yet to submit report, corporation says Oil prices rise on Libyan field closure, Syrian attacks

Ejiofor Alike with agency report

EDITORIAL The Meningitis Emergency

News Editor

n.iriekpen@this

BIRTHDAY @ NSE

FLOOR

L-R: Chairman, Forte Oil Plc, Officer, NSE, Oscar Femi Otedola; Dangote; Halima N. Onyema; Second Vice First Vice President, Nigerian Stock Exchange Aliko Dangote; Aliko Dangote; Ex-officio, President, NSE, Abubakar Balarabe Mahmoud (NSE), Abimbola Ogunbanjo Wigwe, at the President, NSE, Mr. AigbojeNSE and President, Dangote ; Chief Executive Dangote @ 60 Aig-Imoukhuede; Group, Alhaji (SAN); Daughters of the closing gong ceremony Aliko Dangote; celebrant, Mariya Chairman,

Division of Zenith Bank Daughter Aliko at the Exchange NNPC, Mr. in Lagos...yest Plc, Jim Ovia; and CEO, of the celebrant, Fatima Ughamadu Ndu erday. Access Bank told THISDAY There are strong Plc, Herbert indications that yesterday that the committee the committee yet to conclude was set its assignment. Managing Directorup by the Group Ughamadu said he was National Petroleumof the Nigerian aware not that the Corporation (NNPC), Dr. submitted its committee had Chineme Maikanti Baru report and if evaluate the roles Okafor in Abuja to report the of the refineries of the corporation’played by some final had been considered for a decision to be rose illegal product s officials in the matter. taken on the The Nigerian National Petroleum cent in January 2017 to 36.73 per reduction Corporation (NNPC) in its trading as against 7.55 per cent in the Capital Oil & evacuation from deficit in the period under Following previous month Gas a reduced trading has reported December the have recommende Limited may disappearan review, thus its own account. of putting alleged 2016. deficit the on its “This total trading retirement of four d the compulsory of petrol ce of 130 million litres operations for the month The report was deficit previous is different from the of January released in Abuja at N14.26 billion. 2017, noting stored in the yesteday ‘Tolling staff for their top management MRS that its deficits depots of “This represents alleged where the refinery Plant’ model came ascribed by the corporation. in the expropriated complicity under Limited and Capital Oil down to N14.26 billion It cent improveme about 16.19 per does not the improveme from the the a throughput title to the N17.01 billion petroleum nt compared nt to N17.01 products. arrangemen crude, but take implementation its recorded the corporation to billion recorded rather in Business of had announcedt, December 2016. in December charges a tolling/processing The affected measures to recover Focus Areas the 12 2016, in spite of fee to the owner The corporation the include the staff, it was learnt, of the crude also noted that strategy introduced by (BUFA) challenging situationscorporation’s which Baru had set up the products. the combined Managing Director the Group was PPMC two committees, Managing Director of the NNPC which installed Retail, Mrs. Esther one of which was of the NNPC, its aspiration to profitability,” limit of the corporation on behalf to evaluate the utilisation of its refineriescapacity Dr. Maikanti Nnamdi-Ogbue; the report. ,” the report said stated. Baru. in Port General Manager roles played by some (Operations) According to NNPC staff Harcourt, Warri and Kaduna in the illegal NNPC explained of NNPC Retail, the report, the increased by Apart from PHRC products refineries Mamza Gwadabe; that the Port Mr. with a Harcourt and WRPC, view to applying diversion points in about 29 percentage introductionbenefitted from of NNPC Retail, another official sanctions the (PHRC) Refining Company NNPC said five other January 2017 appropriate of a new Refineries of its Mr. Ibrahim Bello, subsidiaries also and Warri Refining when Business compared with to serve and an unnamed posted surpluses. their performance Petrochemical and Model under The second as a deterrent. in December Company (WRPC) These, it added s BUFAS However, the official. 2016. asked to review committee was include the strategy whichthe 12 posted surpluses Nigerian Group According of General the corporation’ Petroleum N5,115,000,0 Manager, Group has to the latest monthly transformed them s financial from “tolling and N404, 000,000 respectively00 Company (NPDC),Development Public Affairs plants and operations the Nigerian It stated that . report placingto merchant plants” thereby of the NNPC Cont’d on page under the new Gas Pipelines and for the month refinery them on the 43 January, of profitability. path of purchasesmodel, each refinery Company (NGPTC), Transport the capacity utilisation NNPC Retail, the National crude oil at It said it recorded Engineering a N2.75 billion parity price, processes export and Technical Company and sells and the correspondi (NETCO), the Integrated ng products Data Services on Ltd (IDSL).

The recent outbreak of Meningitis with fatalities in excess of 400 people exposes the underbelly of our national health care service delivery. The states that are most hit by the outbreak of the disease included Zamfara, Katsina, Sokoto, Niger, Kebbi, Jigawa, Gombe,Taraba,Yobe, Kano, FCT, Osun, Lagos and Cross River even though there may be other states with unreported cases. Page 15 T

T H I S D AY

NNPC Cuts Janu Increases Refin ary Trading Losses to N14 .2bn, ing Capacity by 29%

• TUESDAY

APRIL 11, 2017

EDITORIAL

THE MENING

ITIS EMERGE NCY

The health author ities could

do more to tame he recent outbreak of Meningit the killer diseas with fatalities is in excess of e 400 people exposes the underbelly of health care our service delivery. national cross immuni that are most The hit by the outbreakstates to be of the sation. The current outbreak the disease included Zamfara, of Type is said Type A doesn’t C variety. “If you Sokoto, Niger, are immune Kebbi, Jigawa, Katsina, because Type make you immune Gombe, and Cross River Taraba, Yobe, Kano, to Type C. to FCT, Osun, vaccines has C was very rare, the And Lagos with unreport even though there may availability been very meagre ed of African sub-regiocases. To make matters be other states relatively,” he said. worse, n has the now been West belt, as the disease verall, we are appalled at swept across declared Meningitis Burkina Faso, the level of vulnerability Nigerian Niger, Togo, Nigeria and Chad, Cameroun. Mening itis the catastrop s are exposed to, going is an acute hic by protective organs inflammation One, with the outcome of this outbreak precautionary the National . of the and membra surrounding Meteorological warning by nes with layers federal governm Agency, we of Mening itisthe brain and spinal believe ent cord. Symptom the include headach making Meningit should have expedited ness of the s e, vomiting action in is vaccines available. neck, to have been , stiffIn most cases, loss of consciousness Two, there ought some Mening itis health authoritie level of coordination and fever. widespread between the during heat becomes intense and governments s in Abuja and that of there is poor period and the various in states sures against taking preventive and new outbreakventilation. Within the in areas where proactive meathis context of this , it appears we believe that current outbreak of the federal Meningitis. the issue of EVEN AS EFFORT government, Three, taken more hygiene ought seriously. particularly to have been S ARE BEING MADE As has been the TO STOP Federal Ministry thrives more explained, the disease FURTHER SPREAD of in areas where is fatal and OF THE Health, was unprelow. We therefor DISEASE, THE hygiene is pared. The lacking or e expect T H I S DAY on hygienic evidence TO PREVEN STRATEGY of EDITOR environment a more robust campaig DEPUTY EDITORS IJEOMA NWOGWUGW deaths and T of Mening itis. n BOLAJI ADEBIYI, U in view of OF EPIDEM OUTBREAK MANAGING JOSEPh UShIGIALE recorded so cases ICS DEPUTY MANAGINGDIRECTOR ENIOLA because these The current problem the dangers far were A CONSISTENT SHOULD BE clear indicato BELLO DIRECTOR steps and strategie arose basically CHAIRMAN KAYODE KOMOLAfE not EDITORIAL followed rs of BOARD OLUSEGUN EDITOR NATION’S a s were loophole in ADENIYI CAPITAL IYOBOSA wake-up call.or adhered to. That should absolutely mitigatepidemic. UWUGIAREN ing such crisis be a While we and The Minister curtailing thecommend the efforts Ehanire, said of State for Health, put so far in more. We call disease, there is still cases of the last week that there Dr Osagie need to do T H I S DAY have disease, with deploy more on the health authorit N E W S PA in 16 states EDITOR-IN-C 336 deaths been 2,996 PERS LIM ies in Abuja and ITED GROUP EXECUTIVE HIEF/CHAIRMAN states where of their field officers to NDUKA OBAIGBENA country. “This 54 local governmentsrecorded, DIRECTORS and ISRAEL IWEGBU, ENIOLA BELLO, KAYODE country before across government the disease is high. We staff to the around this IJEOMA NWOGWUGW KOMOLAfE, GROUP FINANCE also urge the suffers meningthe time of year for vaccines to do the needful in providin DIRECTOR OLUfEMI U DIVISIONAL itis ing to raining when dry season DIRECTORS without delay. PETER IWEGBU, ABOROWA season; in being made is turnEven as efforts g funds fIDELIS ELEMA, ANThONY ingitis belt DEPUTY DIVISIONAL to OGEDENGBE that ranges the area called the menare the strategy stop further spread DIRECTOR all the way down to Ethiopia OJOGUN VICTOR SNR. ASSOCIATE of ASSOCIATE from Senegal DANBOYI DIRECTOR should be a to prevent outbreak of this disease, and Eritrea. DIRECTORS ERIC OJEh germ was the CONTROLLE consistent. epidemics And the prevailin RS ABIMBOLA hENRY NWAChOKOR, call for the It SAhEED ADEYEMO TAIWO, UChENNA The challeng Meningococcus A,” g restructuring is in this light that we GENERAL MANAGER DIBIAGWU, said e, accordin the Nigeria PATRICK EIMIUhI NDUKA MOSERI g to him, was Ehanire. GROUP HEAD Centre for and better funding of DIRECTOR, fEMI TOLUfAShE lack of no Disease Control for efficient PRINTING PRODUCTION service delivery (NCDC) ChUKS ONWUDINJO TO SEND EMAIL: able to preempt . The centre first name.surnam outbreak should be e@thisdayliv acting as an e.com emergency s of diseases rather than response outfit.

Letters to the Editor

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THE PLIGHT

OF PENSION

hough better numbers of left the writer. recurring ugly to the realm of fiction than reality, decimal of the the payment of deliberate delay deliberately pensioners by in the denied their several states, councils and financial entitlements those still in the federal governmen local governmen service glean blemish on t t, remains a from the avoidable ? What moral lesson sors go through? the very soul permanent can of the nation. saddening scenario Would they problems some members quick before This sordid anxiety, anguish, has the dark days not fall into the temptationtheir predecesand terminal diseases repeatedly led to preventable Federal Inland of staff of the Customs, come? Yet it was in to get rich of our senior Nigeria Immigration Revenue Service, pains, citizens. Unfortunate and untimely deaths forces. For instance, Pensions Reforma bold bid to redress this Nigeria Prisons Service, less different of not a few ly, this dehumanisi economic malaise it was a national Service and Act 2004 came in Armed Forces pension is the Security ng situation this traumatisin Nigeria’s enslaving private that into being. It embarrassm Remembran right of an employee is no ent during states succinctly the g experience sector. Sad to pensioners staged ce Day when derive some successive administrat has persisted note too, that that or selfsome disgruntled the 2014 benefit a protest to for many years, was when the ions; from the if certain conditions upon retirement from employed individual military our current, traversing then top-three drive home their days to mindless military active employmen greed-driven Jonathan, the of hunger. That have been attained. such as minimum democratic dictatorship For instance, t. That is, Senate President,politicians including President dispensation. to As part of efforts years of service or minimum of Representat David the old scheme, Goodluck Bauchi, Benue, as at June 13, 2015 states16 Mark and the ives, Aminu to reform pension age including Abia, Cross River, Speaker House Cenotaph to Tambuwaal the Contributor the Defined Benefit Scheme in this Ogun, Ondo, Ekiti, Imo, Jigawa, Akwa were laying honour the y Pension Scheme (DBS) metamorph regard, Osun, fallen wreathes at officer, Mr. Kano, Katsina, Ibom, involves both employees salary Oyo, Plateau, Rivers the (CPS). This Kingsley Oyiboka, heroes. According osed into Kogi, the governmen and Zamfara more realistic to a retired arrears of at State lamented given amount t by the Nigeria military owed their least thus in Daily of 64 Pincewill Street, Benin of their salaries and the workers. The latter approach Labour Congress(N six months, citing the past two Independen reserve. This, City, Edo with the aim website viviangist a task force save years, I have t newspaper the worker report to build accumulateup a been Office, Abuja, reported that LC). Also, as at August interview: “For can fall back In spite of efforts led the pack 2, 2016 and have been reporting to the Military 22 states owed d funds included Imo, by the National on after retirement. on monthly participating pensions. States the grow the funds T HPensions Vanguard News Benue and Abia. I S D AYBoard basis. But to Pension Commissio in the that and • verification exhibit my screamed this letter, I utmost surprise, issues are yet prudence in exercises TUESDAY, 77 months —Imo in the headline And on January 6, 2017 am its managemen n (PenCom) to to be resolved up to the that: “Okorocha not been findingyet to be attended to by pensioners” those in the by the governmen t, some salient ments do with . One cannot the Pensions time of writing old things easy, huge t. The failure but ask what is owing us Office and I was retired because I am inadvertently scheme (DBS) with those Account, including sums they collect to link in May 2010 have these governnot resident led to undue in the new monthly from and served retired from their internally in Abuja. I scheme (CPS) Sometimes, delays in the 12 years This obvious the when the payment generated revenue.the Federation payment of has for the processingarmy. After my retirement, and 33 days before their emolument involved in spent the better criminal neglect of fellow seems to have I was the scam failed I was told my s. been carried Nigerians, most Office in Abuja, of my pensions have ers’ salaries in remitting their fatherland part of their active years been forwarded documents of whom for the payment to the PFAs. deducted amount out those in the selfless positive has Findings have to the Pensions guilty of this, of my they committed triggers some troubling from service of been pensions, workshown heard from with many questions: but till today against the verifications companies refusing that the private sector deductions nothing state and humanity What crimes have exercise monthly”.them and I have been to the PFAs is to pay in their attending the as statutorily Not long after, that they would this is not corruption, counterpart stipulated by two out of hundreds be then what else slumped and the pension Many workers of pensioners died while on act. If is? have fallen ment House, a peaceful demonstrat in Benue State victims to this Makurdi. It challenge, including ion to the Governwas payment of 10 months pensionto press home their demand Ayo Oyoze arrears owed for the Baje, Lagos them.

POLITICS How Dialogue, Not Military, Engenders Peace in N’Delta For the months the Federal Government elected to use military force to quell resurgent crude oil militancy in oil rich Niger Delta, it was relatively fruitless and perhaps a waste of scarce resources. Page 16

FEATURES Regeneration of Falomo Bridge

ERS

POLITICS

APRIL 11, 2017

Group Politic s Editor Tobi Soniyi Email tobi.so niyi@thisday live.com 0803314613 9 SMS

EXECU

ONLY TIVE BR IEFING How Dialogue, Not Military, Engenders Pea After months of ce in N’Delta in the Niger Deltadisastrous military incursions , the federal aimed at

supp approach, write gover s Chineme Okaf nment appears determine ressing the resurgence of militancy d to end the mena or ce but with a new

or the months the Federal Government military force elected to use to quell resurgent crude oil militancy in oil rich Niger Delta, fruitless and it was relatively of scarce resources. perhaps a waste At that time, pundits had holding up two very distinctobserved that battlegrounds – oil militants and peculiar and Boko Haram in Niger Delta, was quite unwise.in North Eastern states, They thus the governme encouraged perhaps more nt to pursue a different and the Niger Deltaproductive path to resolving The recommenmilitancy. dation of an approach to ideal tactful region was alsothe issue of militancy in the on crude oil based on the country’s reliance government to survive even though had mouthed the diversify the its decision country’s revenue to from oil. base away Founded on the outcome of the governme of the experience nt of late Yar’Adua, president Umaru with Delta, these expertsoil militancy in the Niger advocated for engagement a robust with to first dimension stakeholders in the civil region the scale and their demands, and then attemptcharacter of criminality to separate from genuine and equitable agitations for development of the Niger fair Literally, the oil mined from region has gained little Delta. as benefit for its earth. It has insteadfrom got Osinbajo..... environment its oil, hydrocarbon polluted met with relevant acts of living which has made other stakeholders natural in the Niger Delta brag of its prevalent rentquite difficult, in addition expected deliveries impacts of bred poverty distribution system that to a , the brutal oil amongst its has Dr. Ibe Kachikwu on the countrymilitancy became too everyday While the option severe , who had maintaine as the militants of a civil engagemepeople. extent had considered who to an military action was not d acquired some a nt was militancy, to the solution that Buhari’s readiness refused to balk assured meanssensible, modern and form of bravery, initiate fresh to largely and determina cooperative civil measures built the comprehensively in the region, to end the renewed militancy From reported down. tion to engagements address the the governme amplification the militants with stakeholdeon situation.” didn’t feel Niger Delta of their efforts, in the region to try nt at that up further depleted rs Starting with to the problems and find lasting solutions volumes from its choice of to it, and thus continuedtime oil productio Delta, of the Niger military action on n people. Nigeria was the region’s oil fields, Delta and her State, Osinbajo began Bayelsa and Rivers But for as long in averaging 1.6 and to meet as that choice the region. community per day (mbpd) Speaking at engagement million barrels leaders, shapers traditional and of a military lasted, of well as other oil coalition of an interactive session at a time oil of thoughts, were also down Nigeria continued to lose heavily relevant stakehold civil societies with as prices was in terms of in Lagos whicha region, holding production This developmbelow $40/b. chaired low crude civil conversat ers in the volumes (about ent subsequen oil needs and demands the Pentecostaby Dr. Moses Ilo, founder the Minister per day (bpd) ions on the 700,000 barrels l Fellowship of State for Petroleumtly required Kachikwu of which were deferred at oil revenue a comprehe of the region, and from disclosed for of Nigeria (PFN), has Resources, a point), shortfalls and government the first time, been drafted nsive development plan generation, had for implemen that all of which meagre electricity So far that dialogue with considered opening repeated productio were as a robust delegation Osinbajo has tation. the militants. n disruption a result of this led vandalism was He noted that high-level s of based by the militants. s and assets’ leaders and the government to interact action in the on the conclusion that On his part, representatives military communit with region the president, end to militancy would not guarantee Buhari, appeared ies in continuatiof the oil-producing Muhammad an efforts quite made on of the outreach “The military in the region. he wanted to find up on barrels cannot to Niger Delta a long lasting closure problem of militancy subsequently do with the military, what stop and in the Niger–Delt or solve region has crisis, reports indicate to the I will have action was still warned that decisive military had various that the a to go back an option he levels of representat to my brothers,region. at the meetings. are our brothers deal with militancy considered best ions they we will go to in Niger Delta These also include with them,” continued with and dialogue if militants the are most impacted women and youths It was howeverminister said then. While speakingthe sabotage. by the instability who from this region. Their at the Passing window for of 133 Cadets in the civil engageme period that the have observations of 63rd Regular out Parade started, and and feedbacks Nigerian Defence Course of the this perhaps nts with the region been as told by the governme gave the governmen the audacity included in nt last week, the president Academy (NDA) in Kaduna, to the overall the region for set a zero-militancy target t the developm masterplan his governme said at that time, that ent of the for 2017. while in governme nt could commit up the polluted nt would launchregion which the to cleaning Osinbanjo soon. Delta, it would environment of the takes over, Niger however not oils the engageme While machine actions of the tolerate the nt Osinbajo in Rivers for the follow militants. The outcomes up meeting, “However, stated that of the governme committed with stakeholde Kachikwu’s initial engagemen me state that for avoidance of doubt, ts developm to ending the troublesnt was other options let for momentar rs in the region paved including decisive ent in the Niger are still open, the way that with y cessation gradual growth Delta. He noted of hostilities the governme criminal elements military action. Today, disguise in pushed Buhari in oil production. This and of injustice nursed nt shared the feelings sabotage the country, largely ethnic regalia to by the people Yemi Osinbajo, to ask the Vice President, also determined to and parochial for their selfish and was right the wrongs Prof. to head a special interests. “The people delegation charged of the past. “I reiterate still deserves the call on with the task presidential said, adding the crisis in a fair deal,” give peace all Nigerians of resolving that: “The President the he a to the people of Representing Niger Delta region. tendencies and chance and jettison negative believes Niger Delta for me also, deserve justice that the Niger Delta a sudden change of course at addressin join government’s efforts it is a very and, g the numerous aimed in important point.” The vice president to revisit oil dilemma, Osinbajo, soon the task of challenges communities began “It building a further had visited better Nigeria,” in had said. before across which Kachikwu in is the resource base of explained that: he Delta to try spite of the the states in the and past leadershipcountry and the governme firm up their commitmeNiger Niger Delta people Military bullets failure, the deserve was now goingnt’s plans for the region nts to are faithful to But even with achieved little or no the promises a fair deal. We which the results for militants to deemphasise cash and presidenti action in the the deployment of military the spirit of al engageme rewards of region and nts with the development and focus on an all-inclusi the Niger Delta.” the governme people for the people ve nt’s Now that it According of the region. is clear that better than on the visits, to a statement from his dialogue works military office governmen bullying, the 18 demonstrationit was going to be in “further t would be well federal of President advised to consider Muhammadu this option in dealing with those for a Biafra agitating Republic.

Representin g a sudden change of cours e in the Niger Delta dilemma, Osinb ajo, soon began oil comm to revisit Kachikwuunities which had visited before acros in the Niger s states Delta

to try and firm commitmen up their governmen ts to the for the regiot’s plans n which was now going to deemphasi rewards forse cash milita nts and focus on an allinclusive devel opment for the peopl e of the region

The Falomo Roundabout is busy, as FEATURES vehicles go in circles, making their way Regeneration of Falomo Br idge in and out of Awolowo, Bourdillon and Kingsway roads.The Falomo Bridge, which connects Kingsway to Akin Adesola Street, stretches over the roundabout and at one of the columns that supports the bridge, Polly Alakija and her team are at work. Page 18 T

TUESDAY, APRIL 11, 2017

• T H I S D AY

Acting Featur es Editor Charle s Ajunwa Email charles .ajunwa@this daylive.com

The under-carr transformed iage of the popular Famolo Bridg by British-Nig murals can withs e linkin erian tand the threa artist Polly Alakija. But g Ikoyi and Victoria t of miscreants Island is being Solomon Eluso who are in the habit of defac ji wonders if Alakija’s ing public infras tructure

Alakija at work

on one of the

columns under

the Falomo

Bridge

he Falomo Roundabout busy, as vehicles is go in circles, of strength, as importan making their allow t of Awolowo way in and out people societies function components that rows properly. “A , Bourdillo Kingsway roads. n and They have asked me ‘who lot of the of faces looking at you, strength are the women?’ ABIODUN AJALA are nobody emphasising The plan for urban Alakija said. of the imagery, of the women,” sway to AkinBridge, which connectsFalomo in an interview in particular,” she There are also regeneration,” “We are re-landsca the roundabo Adesola Street, stretchesKing- time I met these with THISDAY. “The said, cowry shells representations on the columns, first over column women ping all of it, Alakija said. of that supports ut and at one of the which Alakija whole area and uplifting the painting; they is when I’m on the notes is intended to speak columns the bridge, Creek, a distributa of women her team about Five Cowries It’s about makingpart of that is the artwork. Polly Alakija as pillars are representations and silent, and more secure them safer, more It is palpable ry near Falomo. they’re strong, of strength; they are pleasant they carry this in the history that she is much interested a more socially and it’s also about burden.” having heavy working of the inclusive city. A cursory So, it’s about on. A close spot on which she’s creating a pleasant environme look at the in Lagos State.” that have been columns, whichlook at the paintings nt for everybody columns time of writing were still ongoing on the and branches painted reveal tree as shapes MayAlthough the job is to sprouting at at this the progress, women are facing piece, reveals that be completed the edges. “As 27, Falomo I will be bringing all the by one direction, an emphatic in more of that,”I exuding creative Under-ridge is already which creates she said, “because effect on the vibes. “I see when I was what to paint want to achieve viewer. “What a lot of people thinking of driving round and round here, is for you to I I so was thinking several they can see rows and the history of the site, what was about quite a lot see what’s going times now years ago, on; I have of people come what was here here 50 after And I think in work to see 100 years ago. the progress,”the afternoon “So that’s what today are nota lot of young people Alakija in and natural hugely aware of their Lagos art out of the this is about – it’s said. cultural streets, history. And taking gallery, bringing hundred years the it to the ago, this spot reality is two who’ve and using it to reach a mango swamp.” out to people was probably possibly never been in contact art before.” But she’s with fixating on not particular about But, one wonders, the metaphor people regeneratio what happens imagery, stemming s conjured n when to by the it is completed from her belief the is common art should ? In Lagos, it to see graffiti, that of invigoratingbe as figurative and banners and visually andall sorts on electricity posters as possible. from the Commiss “My project poles, walls ioner for Housing brief defacing of public and private flyovers, direct initiator properties the city’s face. (the are religious an inspiration of the project) was The major culprits, to create centres al mural,” she whoever looks said. “So I want electioneering season and politicians, when at this to surfaces. state governme life, to feel a bit uplifted.”feel good about Signage nt, through Although the Alakija’s the Lagos State and continues to Advertising Agency (LASAA), to beautifyin work at Falomo is not work tirelessly re-landscapingg the columns. There limited on individual in clamping is also a such s and organisatio down by the Lagos aspect to it. She was contracted environm ns involved State governme in the fear that entally degrading activities, urban regenerati nt, as part of Falomo’s regenerat its be tainted the much-traf on programme, to transform ion persists. would environment. ficked spot into a This, however, pleasant “It’s all part of Lagos State’s Alakija. She has is not a future that worries public display been involved in several of art and she reckons that

BUSINESS FG Sets Three-year Deadline to Reduce

Equity in NNPC’s Refineries The federal government has disclosed that it would in the next three years, tactically cut down its overall equity share in the three of the oil refineries operated by the Nigerian National Petroleum Corporation (NNPC).The government stated this in the new Economic Recovery and Growth Plan (ERGP) document... Page 21

T H I S D AY

• TUESDAY, APRIL 11, 2017

BUSINESSW NIBOR OVERNIGHT 1-MONTH

R A T E S

12.5417 16.4549

3-MONTH 6-MONTH

A S

ORLD A T

NITTY

21.3882 23.253

1-MONTH 2-MONTH 3-MONTH

21 Group Busine ss Editor ChikaA Email: chika.a manzenwachuk manze-Nwachuku wu@thisdayliv e.com 08033294157 , 08057161321

A P R I L 11.8404 19.0286 20.2083

7 ,

6-MONTH 9-MONTH 12-MONTH

2 0 1 7

EXCHANGE RATE N306.35/ US DOLLAR AS AT LAST FRIDAY

19.5941 21.3470 22.8256

Quick Takes

IBEDC Custo

WELCOME TO ONNE

R-L: General

mers Get Transf Ibadan Electricity Distribution transformers Company (IBEDC)ormers has parts of Ekiti,to customers in Oyo, Ogun, Osun, distributed Niger and customers Kwara and Kogi States, across 70 commun energising Some of the over 7,000 ities. communities: Sagba Abogunl include Dagbolu, Ayeso, Alagbede Others include:oko and Obalaoye , in Osun , Ile-Ife Road, State. Ifesowapo, Dada, Ifelodun, Ifedara, Tiwatope, DosunmuStadium Road, Elegbede, GRA, , Idi Ijaye, Justice Orogbo, Araromi,1004, Apena Sojobi, Mechanic Village, Ladejobi andAbimbola Avenue, Fassy The rest are: Shakura in Ogun State. Yusuf Avenue Ketere, Ekan Garage, Kwara State;Elel Abba, Ile-Ogbo andMashallahu BiokuAlaadun, u, Alafia, Agodong Orogun,Owode, bo, Oyo Town, Akanranin YekiniLaditi, Sango, Adeleke, , Benjamin Speaking at andOdinjo Bello, in Oyo State. the commiss in Mashalla ioning of the hu mercial Officer community in Kwara 300kVA transformer State, of the the Chief Comcompany, Mr this investme to provide nt was in fulfilment of Deolu Ijose said that better service the company customers throughout and bring succour to ’s promise its franchise its esteemed area.

FREE ZONE

Monitoring Manager Legal, INTELS Board Nigeria Limited, Planning, Research(NCDMB), Simbi Wabote; Mr. and Statistics Head Administ Mike Epelle; Executive …recently , NCDMB, Mr. Patrick Obah, ration of INTELS Nigeria Secretary, Nigerian Content when Wabote Limited, Mr. Development Chibuisi Onyebue visited INTELS and and other companie ke, and s at the Onne Director, Free Zone

S/Africa

South Africa’s Set for $72bn Nuclear Projec tender for billion) expansio the estimated t 1 trillion-ra in June when n of its nuclear nd ($72 power state utility companies Eskom requestsplants will begin bidding for proposals from reported on the Sunday. South project, City Press nuclear power newspaper Africa, which station, wants has leading role nuclear powerAfrica’s only in expanded country’s reliance power generatio to play the Chineme Okafor n, easing has asked Eskom on an ageing fleet in Abuja the of coal-fired (MW) of capacity. to procure an additiona plants. The federal ENER l 9,600 megawat It GY Rebutting the But listing disclosed thatgovernment has was ts earlier initiated it would in Yolisa Tyantsireport, National Treasury that would the key activities (Petroleu next three years, the Minister be done head of communi by the m Industry on March 28 said a meeting or presentat cation down its overall tactically cut Resourceof State for Petroleum gas section of ERGP, in oil and Bill).” The ion with Eskom more nuclear “was not on the state equity share ment explained the govern- noted government as s, Dr. Ibe Kachikw in the three of readiness well power. and also launched that it would that it of u, “National Treasury to procure” ies operated the oil refinertransform by Buhari. revamp refineries to would Nigeria’s gas Buhari had reportedly is not in a by the Nigerian the discussio increase local productio National Petroleum position ing developmsector by launchrefused gradually n capacity an internal ns,” she said. The City to publicly disclose Corporation to yield to the proposal (NNPC). Eskom reduce its sharesand could increaseent projects that government that them. nuclear program document indicatesPress reported that gas productio in in the The governme n down its equityshould wind me will get that the country’s country. document, It said underwa the new Economicnt stated this in refineries interests in Eskom In this regards, the reduce it would: “Strategically set the deadline will issue requests y. According to the Recovery and which Growth Plan would: “Accelera it stated that it for proposal have remained productivities NNPC government equity for bids (ERGP) document in Decembe te the building in which President extremely poor, refineries r. The winningin September and for s in June, , and and other of critical pipeline infrastruc 2018, the newspap evaluation bidder will Buhari, recentlyMuhammadu take allow private investors downstream subsidiarie like Obiafu-O ture be decided up shares to between Decembe er said, and the launched in Abuja to aid revamp their pipelines and depots, s such as pipeline (OB3), brikom-Oben contract will in March operations. Nigeria recovery conclude Eskom’s spokespe r 2018 and March downstream be signed Trans from economic 2019. rson Khulu liberalisation, Gas Pipeline, EscravosNigeria The governm stage recession implemen has Phasiwe . been decided According t new business pipeline system Lagos ent had consisten to it, far-reachi on, those dates said “nothing at this reforms would (ELPS)II), ng it wouldtly maintained that for refineries, revamp models finalise gas were suggestiv production refineries ‘No Incom to increase e dates.” in the country’s be initiated refineries, not privatise sharing contract terms, capacity the Saudi Arabia’s e Taxes for Saudi implement industry, especiallyoil and gas private but would only invite encourage private-sutilisation, seven the finance minister Citizens’ would not investors ticipation through ector par- projectskey gas developm the ‘7 Big Wins’ in line with its said pay ent revamp and to invest in and to ramp up co-locatio not see their taxes on income and on Sunday that citizens roadmap that domestic Saudi profits taxed agreed shared operations on withJV arrangements, and workn supply, and roll being introduce under sweeping companies would out the LPG business terms. the National (liquefied The collapse d in the oil-rich kingdom economic reforms petroleum to ensure passage Assembly gas) in oil prices of the PIB Arabia to contemp after mid-2014 . Continued economy, includinglate a radical overhaulhas pushed Saudi on page 22 of all new investment Ejiofor Alike strategy and taxes, privatisations, parts of its Mohammed sharp a al-Jadaan sought cuts in government changed news spending agency in a statemen Electricity ENER GY . t carried by generation taxed as part SPA to allay concern on March 22, dropped consisten state has the activities do not pay of the ambitious reform that people would be had dropped peak generation of the militants weeks, averagin tly for two any THISDAY consisten However, . 4,072.70M on their profits. income tax, nor are plan. Saudis currently g 3,400MW despite the W on March tly to that while the had reported Saudi compani Government’swith the Federal fact He also said 29. generation The Daily Operation es taxed Delta militants that the Niger led fresh initiatives distributi and by the Vice have ceased “not be raiseda value-added tax planned attack gas President, Prof. further showed that al Report blamed on companies have to Yemi pipelines for 2018 would poor from the The six Arab above 5 percent before months, THISDAY in recent of Osinbajo and the Minister daily peak of 4,072.70M shortages and supply on gas State for Petroleum are aiming monarchies of the Gulf 2020”. March 29, generatio W on grid instability tion has revealed. ’s investiga- Ibe to , Dr. consisten Kachikwu n dropped caused by weak transmiss start of next introduce a 5 percent Cooperation Council to engage Power generatio value-added the dwindlin tly with daily peak infrastructure; the Transmission and officials year to raise non-oil revenues n had hit an relevant stakeholders tax at the all-time high g to 3,737MW Company ion in the April oil-rich region, . But economis of of Nigeria simultaneous in some countries have on on February 5,074megawatts have 5 and the ts introduction 2, since declared militants the weekend 3,903.30MW at blamed the Discos for (TCN) in all countries said privately that Niger Delta 2016 before the rejecting power allocated a ceasefire. . Also may THISDAY Avengers (NDA) not the lowest be feasible. daily and other gathered However, gas to them. that 3,638.60generation, which was militant groups despite this suppliers launched fresh megawat argued that power generationdevelopment, 2, there is enoughhave attacks on also dropped ts on April to generate and gas infrastruc has continued oil gas consistently power but to 3,200.20M ture in the to dwindle, thus puncturi Niger Delta, “For the first government’s ng and 3,289.40MW on April 5 generation compani that the time in a long claims over gas supply to which disrupted years es cannot pay for gas. time, this is the W during the weekend power generating that the the plants. . But the Gencos pipelines were attacks on gas very hot weathepeak of With have responsible After the for the pastthe poor generation in that they are not able insisted militant groups the epileptic power the waters in r, where resumed attacks to pay two for gas because supply in the hydro the country. ity supply, weeks, electric- owed they plants are down; ties, the erratic on gas faciliwhich averaged for the power are being Investigation they generin the country power supply from keeping power we are revealed that 4,400MW four weeks ated into the was blamed a one-mon National Grid. at about th daily peak hovers around 3,400MW ago, on of 4,452 3,400MW” To megawatts the past two since lenges,address the liquidity chalrecorded weeks, despite the federal governme relative calm Minister of Power, in the Niger the nt Delta.

FG Sets Thr ee-y in NNPC’s Ref ear Deadline to Reduce Equity ineries

Power Supply Drops Consiste ntly

INTERNATIONAL Syria War: G7 Seeks United Front on Assad and Russia The search for a unified approach to the Syria conflict after last week’s suspected chemical attack looked set to dominate as talks between G7 nations got under way in Italy on Monday. Foreign ministers are focusing on how to pressure Russia to distance itself from Syrian President Bashar al-Assad. Page 36

A baby was de vered onboard a Turk sh A r nes Conakry-Ouagadougou fl ght yesterday The b rth accord ng to the a r ne was ce ebrated by passengers and crew Turk sh A r nes fl ght TK538 ConakryOuagadougou was a ready a rborne before the b rth took p ace Accord ng to a statement from Turk sh

A r nes the cab n crew not ced that a fema e passenger named Nafi D aby a 28-week-o d pregnant trave er fly ng the Conakry (Gu nea)-Ouagadougou (Burk na Faso) fl ght had entered nto ear y abour The crew prompt y responded to her d stress ca n order to ass st the mother de ver the baby dur ng the fl ght After the smooth and ng of the Boe ng

Continued on page 22

INTERNATIONA L Syria

Works and Housing Mr. Babatun , de Fashola

TUESDAY APRIL

11, 2017 • T H

War: G7 Seeks United Front Russia on Assad and email:foreigndesk@

B737-900 a rcraft at the Ouagadougou a rport the mother and her newborn baby g r were taken to the hosp ta for observat on Turk sh A r nes Ouagadougou stat on offic a s reported that the baby and the mother d d not have hea th comp cat ons “They c ose y took care of the mother and the newborn baby who was named Kad u ” sa d the a r ne

of Victor Moses FormerWest Ham United and Portsmouth gaffer, HarryRedknapp Harry Redknapp, Portsmouthgaffer has heaped plaudits on Chelsea Manager, Anton Antonio Conte, fora for allowing Manager oConte ow ng Nigerian star,Victor Moses, to blossom.The Super Eagles forward spent the previous three seasons on spenttheprev ousthreeseasonson loan at Stoke City, Liverpool andWest oanatStokeC tyL verpoo andWest Ham United after failing to establish HamUn tedafterfa ngtoestab sh himself as a regular with the Blues. Page 45

I S D AY

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The search for a unified approach to the Syria President Bashar conflict after al-Assad. last week’s suspected Allies will also a chemical attack chemical attack be seeking looked set to on the rebelclarity from the dominate as Washington’s US on its Syria held town of Khan Sheikhoun talks between G7 “first priority” last Wednesday nations got under policy, after some way in Italy on which left 89 in Syria was to defeat so-called that area with Assad mixed messages. apparently people Monday. as the head Islamic State dead. US Secretary of the Syrian government Foreign ministers (IS). He drew a of State Rex But he also clarified parallel to last Tillerson strongly ,” Nikki Those comments Haley told NBC’s on how to pressureare focusing criticised there had came a been “no change Meet the Press. week’s chemical attack, Russia on Sunday. Russia to saying: However, she had distance itself to our military after the US ambassador day “We rededicate He said that posture” said last to the from Syrian United Nations ourselves to prevent Syria it had failed to retaliatoryin Syria following a no said there was that Mr Assad’s removal week holding to account from carrying was no who any and all out a Syrian US strike against Mr way to stabilise Syria with longer a US priority. commit crimes Assad as president. against the airbase, and Ahead of the that meeting of G7 innocents anywhere in the “In no way do world.” Shortly before we see peace in foreign ministers in the the talks got city of Lucca, in Tuscany, on Monday, under way, UK Foreign Secretary Mr Tillerson Boris Johnson said took part in further international an against Syrian and even sanctions wreath-layi ceremony to ng Alex Enumah remember those military officials would be Russian in Abuja killed in a Nazi discussed, and that President at equipping local villagers at Sant’Annamassacre of risked “toxifying Vladimir Putin The Cairo Centre influencers with leaders and within di the Stazzema for which reputation Conflict the in those 1944. necessary Resolution and Russia” in its of knowledge have an impact. narratives and build Peacekeeping continued support Africa (CCCPA) their in extremist and skills to refute of Mr Assad. interpretations peace narratives,”own inclusive According its third pilot has conducted Islam, to the of spokespers Maher while propagatin training on Twenty-two tribal, stated. on of the embassy, ‘Preventing Radicalisati g an the alternative narrative religious, youth and distinctiveness on and and of peace CCCPA’s Extremism Leading coexistence of influencers women leaders and approach (PRELT) Africa’. to Terrorism local communit within their on from across Nigeria the understanalso relied participated ies. The training in the training. ding of “The radicalisation and extremism Among them were teachers, held between which was unique training provides a in approach through Nigeria March 27 and journalists, 31, 2017 in Cairo, the analysis. through conflict members public servants and inclusion of fundamental “This approach primarily conceivedEgypt, was straightforw of the civil and takes into ard for Imams Maher disclosed society. and religious of the rules and explanations individuali consideration the centre that the scholars aimed ethics of ty of the pathway envisages delivering consolidating at peace, security and peace in Islam,” war towards radicalisation an advanced training and stability parts while of the statement course in Africa. with in depth acknowledging noted. According focus It both contextual as added well as personal theological aspects of on the that from the Press to a statement distinguish PRELT. and Information “This training ed Azhari scholara variables. Officer of the delved into is conceived Egyptian “The training especially for the foundation in Abuja, Ahmed Embassy of peace is exerciseImams and other s based narratives in training which Maher, the while trainers, Islam, and to provide an interactive religious scholars. CCCPA plans is the first of to expand engaging space its kind in Africa, expertise in with in-depth participant for to includeits geographical scope Nigerian affairs, was aimed s while allowing other affected analyzed the and local context them to perform content vulnerable regions including analysis of extremist the Sahel and Sahara regions narratives well as North as Africa,” he said.

Egypt Trains Imams, Radicalism, Extre Religious Scholars on Preve ntion of mism in Afric a

SPORTS Redknapp Hails Conte’s Transformation

Turk sh A r nes cab n crew ce ebrat ng the new baby Ch nedu Eze

for Two Wee ks

TUESDAYSPO RTS H

T H I S D AY TUESDAY APRIL 11, 2017

COMMENT

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

MAKING A DIFFERENCE TO MILLIONS Water and good hygiene will prevent many cheap deaths, writes Temilade Aruya

very year, an estimated 124,000 children under the age of five die because of diarrhoea, mainly due to unsafe water, poor sanitation and hygiene. Lack of adequate water and sanitation are also major causes of other diseases, including respiratory infection. Relative studies also show that nearly 1,000 children die each day due to preventable water and sanitation related diseases like diarrhoea, 40 % of which are attributable to the school environment. This brings to the fore the need to ensure, at least, a minimum level of hygiene in the school environment. Children in particular are the most vulnerable and fragile of human beings. Right from birth they need the care and guidance of adults, and because of their fragile nature they are most vulnerable to infections and diseases hence the need for them to grow in a safe, healthy and hygienic environment. Since they spend most of their time in the school environment, it therefore becomes imperative that schools align with best global practice in school hygiene and safety requirements. School hygiene is an important aspect of school safety. According to experts, “school hygiene has to do with the conservation and development of the health of school children. In this context, the school was looked upon as existing not only for the welfare of each child in attendance, but also for the welfare of the state and the nation”. It, therefore, becomes imperative to note that school hygiene transcends even the school environment as it has multiplier effects on the entire community. An outbreak of disease in the school can spread outside the school and affect an entire community. The outbreak of cholera in Queens College, Lagos, which affected over a thousand students leading to the death of three students is a typical example. According to UNICEF, clean water, basic toilets and good hygiene practices are essential for the survival and development of children. Today, there are around 2.4 billion people who do not use improved sanitation, and 663 million who do not have access to improved water sources. Without these basic needs, the lives of millions of children are at risk. For children under five, water and sanitation-related diseases are one of the leading causes of death. Every day, over 800 children die from preventable diseases caused by poor water and a lack of sanitation and hygiene. To prevent this and ensure safety and hygiene standard, provision of constant water supply for cleaning, washing, flushing and drinking are quite essential. There must also be water purification facility at schools as this will guarantee that students do not just have access to water but potable water fit for human consumption. Water plays a very important role in the maintenance of personal and physical hygiene, such as hand washing and environmental sanitation. According to UNICEF, hand washing with soap, alone, has the highest impact on reducing disease transmission, including diarrhoea, lowering the condition by about 47 per cent. However, awareness about the importance of hygiene practices, especially hand washing with soap, is low.

SINCE CHILDREN SPEND MOST OF THEIR TIME IN THE SCHOOL ENVIRONMENT, IT IS IMPERATIVE THAT SCHOOLS ALIGN WITH BEST GLOBAL PRACTICE IN SCHOOL HYGIENE AND SAFETY REQUIREMENTS

It thus, becomes expedient that school children are educated about basic hygiene and sanitation, most especially the importance of hand washing as a routine hygiene procedure in their daily activities. This will guide against the spread of bacteria infections that easily thrive in school settings. Moreover, children are eager to learn; they retain what they learn and are veritable instruments of instilling and promoting positive behavioural changes among their peers, in families and communities. To further inculcate good sanitary behaviour among children, hygiene clubs could be established in schools. UNICEF has been partnering with schools in different nations to establish hygiene school clubs where students are given basic hygiene education, using various activities that are designed around school hygiene. Students are also taught to take charge of water and sanitation facilities at schools. Furthermore, there must be standard classroom with cross ventilation and necessary school furniture and facilities which must be maintained. Facilities such as the convenience should be modern water system that enhances good hygiene and sanitation. According to WHO/ UNICEF guideline on water, sanitation and hygiene standard, schools must have a sufficient number of toilet facilities for students and teachers that are private, safe, clean and gender segregated. Additionally, school should have several hand washing facilities, including some that are close to toilets to facilitate hand washing after defecation. Facilities should cater to the needs of the entire student body, including small children, girls of menstruation age and children with disabilities. This is in addition to having a sick bay with necessary first aids and life -saving kits where children can be stabilised in times of emergency. Hygiene is a big part of health and safety of children within the school premises, especially with regard to food and drinks. Therefore, issues revolving around consumables should be given top priority. School hygiene experts are of the view that school cafeterias and kitchens should be cleaned on a regular basis to prevent carbon and grease build-up on appliances and surfaces. This is of great importance as food is prepared in this environment and can carry a high risk of fire and illness to students and teachers. Management of waste in school is another important factor to be considered in school hygiene. It is recommended that schools should employ professional cleaners and ensure proper and efficient disposal of waste. Schools, especially those in rural communities should desist from inappropriate means of waste disposal such as burning of waste. The location of a school structure is a vital part of school wellbeing, hygiene and health. A lot of factors such as noise and air pollution, which can affect the students and make learning impossible, are considered. It is thus recommended that schools should not be cited close to market places, factories and the likes. Aruya wrote from the Ministry of Information & Strategy, Alausa, Lagos

IT IS FAR FROM OVER

mmanuel Andy Uba is a long distance runner. For this reason his closest companion seems to be endurance. At only 17, he had kept vigil with his mother for two nights at the gate of US Embassy in Lagos just so that he may secure a visa to the United States. In that land, providence smiled on him. He found fortune and lived an incredibly happy life. It was there in America that his path and that of former President, Olusegun Obasanjo would intersect. For while Obasanjo was in late Sani Abacha’s prison over trumped up charges in a phantom coup, Andy encountered his wife, late Stella, in the US and they soon bonded like a big sister and a younger brother. When Obasanjo came out of prison and became President, Stella did not forget to tell him the story of a young, prosperous Nigerian running a successful corporate organisation in America and importantly someone who proved a dear brother to her. Invited by Obasanjo to join his government, Andy was reluctant. He did not want to abandon his thriving business. He had been away for over 25 years. The ways of Nigeria were no longer his ways. But Obasanjo’s inspiring monologue on patriotism, the call of fatherland and sacrifice would touch the inner recesses of his soul. Back home at last. Andy would serve Obasanjo for eight years as his Senior Special Assistant, Domestic Matters. No holiday for eight years. Andy was close to Obasanjo. The Uga, Anambra State born Andy was also perceived by many to be powerful and to wield a lot of influence. And they may not be quite wrong. His friends then included Alhaji Aliko Dangote, Seyuu Dantata, Ndi Okereke-Onyiuke, Tony Elumelu, Nuhu Ribadu and Wale Babalaki, among many others, people who held sway in Nigeria’s

Zik Zulu Okafor justifies why Andy Uba defected to the APC political and economic bloc. He was also a member of PDP’s Board of Trustees. Like every era, Obasanjo’s two terms of eight years soon came to an end in 2007. Andy had set another political agenda for himself. To contest the gubernatorial election of Anambra State. His declaration to run plus the fund-raiser was historic. His powerful friends gathered under one roof and raised more funds than he needed for the election. A most generous soul, Andy soon began to use part of the money he raised to support other fellow Peoples Democratic Party (PDP) members going for various electoral contests. He did not only donate money, he gave cars, buses, all to ensure PDP’s victory in Anambra State. Then came April 14, 2007. Andy contested the Anambra State governorship election and won a landslide victory. And he was duly sworn in. Ironically, this victory would mark a turning point in Andy’s political odyssey as he came face to face with the morbid gladiators in the eerie political arena called PDP in Anambra State. Peter Obi, the then incumbent governor of Anambra State had gone to court to challenge the election that ushered Andy into Anambra’s seat of power. Obi’s contention was that since he was only sworn in as governor in 2006, courtesy of Supreme Court judgment, three years after winning the election in 2003, the cause of justice required that he should be given extra three years to complete his four-year tenure. The Supreme Court, the final court in the land, on the somber morning of June 14, 2007, upheld Obi’s argument. Andy Uba’s election was thus nullified. And the gentleman walked away with heavy feet from the exalted office he had barely spent two weeks. It was the first time a court would expel a sitting governor. It was tragedy in its most harrowing form.

For Andy, it was his darkest hour. A political career that promised boom had become anoxeric. Now, in every annulled election, parties often encourage the candidates involved to go for the re-run. It is usually without any contention. But Andy’s case was treated differently by PDP. First of all, his election was not really annulled in the real sense of the word. It was simply rendered impotent because Obi’s tenure had not lapsed. Andy was so sure that when the election eventually comes up, he would run again. You would even expect that in line with what seemed like a political tradition, Andy would be given the opportunity without any squeaking to run when the gubernatorial election came up in 2010. Because of the resources he expended in his first election and the financial support to PDP that saw the party winning nearly all the contested elections in the state in 2007, many political observers were sure that Andy would be PDP’s candidate. It turned out a mirage. The political titans in PDP blocked him. Andy was left in political wilderness. That was not only the sin of PDP against Andy. As if to crown his misery, the National Chairman of PDP, then Prince Vincent Ogbulafor, without giving any reason, removed Andy Uba’s name from the PDP Board of Trustees. To save himself from a debilitating political limbo, Andy accepted the invitation of the Labour Party to run for the 2010 Anambra governorship election on its platform. It was an honourable way to tackle shame, to tell PDP that politics was not all about its umbrella. He indeed contested the February 2010 election and lost but he did not lose his passionate followers. He returned to PDP and was nominated as PDP candidate for Anambra South Senatorial district in the April 2011 elections. He won this election with 63,316 votes beating Chukwuma Nzeribe of the

All Progressives Grand Alliance (APGA) who had 43,798 votes and the incumbent Senator, Ikechukwu Obiora, who under Accord Party garnered 24,724. However, contesting the election was another political crucible for Andy. Between the primaries to his electoral victory and post -election period, he faced about seven different court cases against members of his own party. From questions of the legitimate primary contest, through eligibility and the issue of who was the right candidate for the election among many other frivolous challenges, the reticent gentleman practically spent all his financial resources on paying lawyers. In fact, he almost became an emergency lawyer as he now knew practically all the legal lingo, legalese and Latin and could almost argue cases with his lawyers in what looked like mock trial. When Andy returned in 2015 to seek re-election, what he met in Anambra PDP, was war by another name. Although gentle, he has an irrepressible and spunky spirit. He was ready to dare the PDP political gulf and to cross it. He did and he won re-election into the Senate. But this was not a battle to forget and the bruises were mind thumping. The party was polarised. Over 10 different court cases from the legally recognised chairman to the bonafide candidate, two different primaries, two candidates, the election was simply bizarre. It took over 15 months after he was sworn in before some of the suits filed were resolved. And some are still banefully silent in the files of the judiciary. Now, having spent two terms as a senator, Andy may want like to take another shot at the governorship contest, to seek a possible return to the office. But Anambra PDP today is a convoluted mystique, a poster child of disintegration and web of complex and entangled legal battles. Okafor, journalist and film maker wrote from Lagos

T H I S D AY • TUESDAY APRIL 11, 2017

EDITORIAL THE MENINGITIS EMERGENCY

The health authorities could do more to tame the killer disease

he recent outbreak of Meningitis with fatalities in excess of 400 people exposes the underbelly of our national health care service delivery. The states that are most hit by the outbreak of the disease included Zamfara, Katsina, Sokoto, Niger, Kebbi, Jigawa, Gombe, Taraba, Yobe, Kano, FCT, Osun, Lagos and Cross River even though there may be other states with unreported cases. To make matters worse, the West African sub-region has now been declared Meningitis belt, as the disease swept across Niger, Togo, Chad, Burkina Faso, Nigeria and Cameroun. Meningitis is an acute inflammation of the protective organs and membranes with layers surrounding the brain and spinal cord. Symptoms of Meningitis include headache, vomiting, stiffness of the neck, loss of consciousness and fever. In most cases, Meningitis becomes intense and widespread during heat period and in areas where there is poor ventilation. Within the context of this new outbreak, it appears the federal government, particularly the EVEN AS EFFORTS ARE Federal Ministry of BEING MADE TO STOP Health, was unpreFURTHER SPREAD OF THE pared. The evidence DISEASE, THE STRATEGY of deaths and cases TO PREVENT OUTBREAK recorded so far were OF EPIDEMICS SHOULD BE clear indicators of a loophole in mitigatA CONSISTENT ing such crisis and epidemic. The Minister of State for Health, Dr Osagie Ehanire, said last week that there have been 2,996 cases of the disease, with 336 deaths recorded, in 16 states and 54 local governments across the country. “This country before suffers meningitis around this time of year when dry season is turning to raining season; in the area called the meningitis belt that ranges all the way from Senegal down to Ethiopia and Eritrea. And the prevailing germ was the Meningococcus A,” said Ehanire. The challenge, according to him, was lack of no

Letters to the Editor

cross immunisation. The current outbreak is said to be of the Type C variety. “If you are immune to Type A doesn’t make you immune to Type C. And because Type C was very rare, the availability of vaccines has been very meagre relatively,” he said.

O 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, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OLUfEMI ABOROWA DIVISIONAL DIRECTORS PETER IWEGBU, fIDELIS ELEMA, 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 DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

verall, we are appalled at the level of vulnerability Nigerians are exposed to, going by the catastrophic outcome of this outbreak. One, with the precautionary warning by the National Meteorological Agency, we believe the federal government should have expedited action in making Meningitis vaccines available. Two, there ought to have been some level of coordination between the health authorities in Abuja and that of the various states governments in taking preventive and proactive measures against this current outbreak of Meningitis. Three, we believe that the issue of hygiene ought to have been taken more seriously. As has been explained, the disease is fatal and thrives more in areas where hygiene is lacking or low. We therefore expect a more robust campaign on hygienic environment in view of the dangers of Meningitis. The current problem arose basically because these steps and strategies were absolutely not followed or adhered to. That should be a wake-up call. While we commend the efforts put so far in curtailing the disease, there is still need to do more. We call on the health authorities in Abuja to deploy more of their field officers and staff to the states where the disease is high. We also urge the government to do the needful in providing funds for vaccines without delay. Even as efforts are being made to stop further spread of this disease, the strategy to prevent outbreak of epidemics should be a consistent. It is in this light that we call for the restructuring and better funding of the Nigeria Centre for Disease Control (NCDC) for efficient service delivery. The centre should be able to preempt outbreaks of diseases rather than acting as an emergency response outfit.

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

THE PLIGHT OF PENSIONERS

hough better left to the realm of fiction than reality, the recurring ugly decimal of the deliberate delay in the payment of pensioners by several states, local government councils and the federal government, remains a permanent blemish on the very soul of the nation. This sordid and saddening scenario has repeatedly led to preventable pains, anxiety, anguish, terminal diseases and untimely deaths of not a few of our senior citizens. Unfortunately, this dehumanising situation is no less different in Nigeria’s enslaving private sector. Sad to note too, that this traumatising experience has persisted for many years, traversing successive administrations; from the mindless military dictatorship to our current, greed-driven democratic dispensation. For instance, as at June 13, 2015 states including Abia, Akwa Ibom, Bauchi, Benue, Cross River, Ekiti, Imo, Jigawa, Kano, Katsina, Kogi, Ogun, Ondo, Osun, Oyo, Plateau, Rivers and Zamfara owed their employees salary arrears of at least six months, citing a task force report by the Nigeria Labour Congress(NLC). Also, as at August 2, 2016 the website viviangist reported that 22 states owed pensions. States that led the pack included Imo, Benue and Abia. And on January 6, 2017 Vanguard News screamed in the headline that: “Okorocha is owing us 77 months —Imo pensioners”. One cannot but ask what these governments do with huge sums they collect monthly from the Federation Account, including their internally generated revenue. This obvious criminal neglect of fellow Nigerians, most of whom spent the better part of their active years in the selfless service of their fatherland triggers some troubling questions: What crimes have they committed against the state and humanity that they would be

deliberately denied their financial entitlements? What moral lesson can those still in service glean from the avoidable problems their predecessors go through? Would they not fall into the temptation to get rich quick before the dark days come? Yet it was in a bold bid to redress this economic malaise that the Pensions Reform Act 2004 came into being. It states succinctly that pension is the right of an employee or self- employed individual to derive some benefit upon retirement from active employment. That is, if certain conditions such as minimum years of service or minimum age have been attained. As part of efforts to reform pension in this regard, the old scheme, the Defined Benefit Scheme (DBS) metamorphosed into the Contributory Pension Scheme (CPS). This more realistic approach involves both the government and the workers. The latter save up a given amount of their salaries with the aim to build accumulated funds reserve. This, the worker can fall back on after retirement. In spite of efforts by the National Pension Commission (PenCom) to grow the funds and exhibit prudence in its management, some salient issues are yet to be resolved by the government. The failure to link those in the old scheme (DBS) with those in the new scheme (CPS) has inadvertently led to undue delays in the payment of their emoluments. Sometimes, when the payment seems to have been carried out those involved in the scam failed in remitting deducted amount from workers’ salaries to the PFAs. Findings have shown that the private sector is guilty of this, with many companies refusing to pay in their counterpart deductions to the PFAs as statutorily stipulated by the pension act. If this is not corruption, then what else is? Many workers have fallen victims to this challenge, including

some members of staff of the Customs, Nigeria Immigration Service, Federal Inland Revenue Service, Nigeria Prisons Service and Security forces. For instance, it was a national embarrassment during the 2014 Armed Forces Remembrance Day when some disgruntled military pensioners staged a protest to drive home their days of hunger. That was when the then top-three politicians including President Goodluck Jonathan, the Senate President, David Mark and the Speaker House of Representatives, Aminu Tambuwaal were laying wreathes at the Cenotaph to honour the fallen heroes. According to a retired military officer, Mr. Kingsley Oyiboka, of 64 Pincewill Street, Benin City, Edo State lamented thus in Daily Independent newspaper interview: “For the past two years, I have been reporting to the Military Pensions Board Office, Abuja, and have been participating in the verification exercises on monthly basis. But to my utmost surprise, up to the time of writing this letter, I am yet to be attended to by the Pensions Office and I have not been finding things easy, because I am not resident in Abuja. I was retired in May 2010 and served 12 years and 33 days before I was retired from the army. After my retirement, I was told my documents for the processing of my pensions have been forwarded to the Pensions Office in Abuja, for the payment of my pensions, but till today nothing positive has been heard from them and I have been attending the verifications exercise monthly”. Not long after, two out of hundreds of pensioners in Benue State slumped and died while on a peaceful demonstration to the Government House, Makurdi. It was to press home their demand for the payment of 10 months pension arrears owed them. Ayo Oyoze Baje, Lagos

T H I S D AY • TUESDAY, APRIL 11, 2017

POLITICS

Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 08033146139 SMS ONLY

EXECUTIVE BRIEFING

How Dialogue, Not Military, Engenders Peace in N’Delta After months of disastrous military incursions aimed at suppressing the resurgence of militancy in the Niger Delta, the federal government appears determined to end the menace but with a new approach, writes Chineme Okafor

or the months the Federal Government elected to use military force to quell resurgent crude oil militancy in oil rich Niger Delta, it was relatively fruitless and perhaps a waste of scarce resources. At that time, pundits had observed that holding up two very distinct and peculiar battlegrounds – oil militants in Niger Delta, and Boko Haram in North Eastern states, was quite unwise. They thus encouraged the government to pursue a different and perhaps more productive path to resolving the Niger Delta militancy. The recommendation of an ideal tactful approach to the issue of militancy in the region was also based on the country’s reliance on crude oil to survive even though the government had mouthed its decision to diversify the country’s revenue base away from oil. Founded on the outcome of the experience of the government of late president Umaru Yar’Adua, with oil militancy in the Niger Delta, these experts advocated for a robust civil engagement with stakeholders in the region to first dimension the scale and character of their demands, and then attempt to separate criminality from genuine agitations for fair and equitable development of the Niger Delta. Literally, the region has gained little from oil mined from its earth. It has instead got as benefit for its oil, hydrocarbon polluted environment which has made other natural acts of living quite difficult, in addition to a prevalent rent distribution system that has bred poverty amongst its everyday people. While the option of a civil engagement was considered a sensible, modern and largely assured means to end the renewed militancy in the region, the government at that time didn’t feel up to it, and thus continued on its choice of military action in the region. But for as long as that choice of a military engagement lasted, Nigeria continued to lose heavily in terms of low crude oil production volumes (about 700,000 barrels per day (bpd) were deferred at a point), oil revenue shortfalls and meagre electricity generation, all of which were as a result of repeated production disruptions and assets’ vandalism by the militants. On his part, the president, Muhammad Buhari, appeared quite made up on what he wanted to do with the military, and subsequently warned that decisive military action was still an option he considered best to deal with militancy in Niger Delta if militants continued with the sabotage. While speaking at the Passing out Parade of 133 Cadets of 63rd Regular Course of the Nigerian Defence Academy (NDA) in Kaduna, the president said at that time, that while his government could commit to cleaning up the polluted environment of the Niger Delta, it would however not tolerate the actions of the militants. “However, for avoidance of doubt, let me state that other options are still open, including decisive military action. Today, criminal elements disguise in ethnic regalia to sabotage the country, largely for their selfish and parochial interests. “I reiterate the call on all Nigerians to give peace a chance and jettison negative tendencies and join government’s efforts aimed at addressing the numerous challenges in the task of building a better Nigeria,” he had said. Military bullets achieved little or no results But even with the deployment of military action in the region and the government’s

Osinbajo..... met with relevant stakeholders in the Niger Delta

brag of its expected deliveries, the brutal impacts of oil militancy became too severe on the country as the militants who to an extent had acquired some form of bravery, refused to balk down. From reported amplification of their efforts, the militants further depleted oil production volumes from the region’s oil fields, and Nigeria was averaging 1.6 million barrels per day (mbpd) of oil at a time oil prices were also down below $40/b. This development subsequently required the Minister of State for Petroleum Resources,

Representing a sudden change of course in the Niger Delta dilemma, Osinbajo, soon began to revisit oil communities which Kachikwu had visited before across states in the Niger Delta to try and firm up their commitments to the government’s plans for the region which was now going to deemphasise cash rewards for militants and focus on an allinclusive development for the people of the region

Dr. Ibe Kachikwu, who had maintained that military action was not the solution to the militancy, to initiate fresh measures built on cooperative civil engagements with stakeholders in the region to try and find lasting solutions to the problems of the Niger Delta and her people. Speaking at an interactive session with a coalition of civil societies in Lagos which was chaired by Dr. Moses Ilo, founder of the Pentecostal Fellowship of Nigeria (PFN), Kachikwu disclosed for the first time, that government had considered opening a robust dialogue with the militants. He noted that this was based on the conclusion that military action in the region would not guarantee an end to militancy in the region. “The military barrels cannot stop or solve problem of militancy in the Niger–Delta region. I will have to go back to my brothers, they are our brothers we will go and dialogue with them,” the minister said then. It was however from this period that the window for civil engagements with the region started, and this perhaps gave the government the audacity to set a zero-militancy target in the region for 2017. Osinbanjo takes over, oils the engagement machine The outcomes of Kachikwu’s initial engagements with stakeholders in the region paved the way for momentary cessation of hostilities and gradual growth in oil production. This also pushed Buhari to ask the Vice President, Prof. Yemi Osinbajo, to head a special presidential delegation charged with the task of resolving the crisis in the Niger Delta region. Representing a sudden change of course in the Niger Delta dilemma, Osinbajo, soon began to revisit oil communities which Kachikwu had visited before across states in the Niger Delta to try and firm up their commitments to the government’s plans for the region which was now going to deemphasise cash rewards for militants and focus on an all-inclusive development for the people of the region. According to a statement from his office on the visits, it was going to be in “further demonstration of President Muhammadu

Buhari’s readiness and determination to comprehensively address the Niger Delta situation.” Starting with Delta, Bayelsa and Rivers State, Osinbajo began to meet traditional and community leaders, shapers of thoughts, as well as other relevant stakeholders in the region, holding civil conversations on the needs and demands of the region, and from which a comprehensive development plan has been drafted for implementation. So far that Osinbajo has led high-level delegations of the government to interact with leaders and representatives of the oil-producing communities in continuation of the outreach efforts to find a long lasting closure to the Niger Delta crisis, reports indicate that the region has had various levels of representations at the meetings. These also include women and youths who are most impacted by the instability in the region. Their observations and feedbacks have as told by the government last week, been included in the overall masterplan for the development of the region which the government would launch soon. While in Rivers for the follow up meeting, Osinbajo stated that the government was committed to ending the troubles with development in the Niger Delta. He noted that the government shared the feelings of injustice nursed by the people and was determined to right the wrongs of the past. “The people still deserves a fair deal,” he said, adding that: “The President believes that the people of Niger Delta deserve justice and, for me also, it is a very important point.” The vice president further explained that: “It is the resource base of the country and in spite of the past leadership failure, the Niger Delta people deserve a fair deal. We are faithful to the promises and the spirit of the presidential engagements with the people of the Niger Delta.” Now that it is clear that dialogue works better than military bullying, the federal government would be well advised to consider this option in dealing with those agitating for a Biafra Republic.

T H I S D AY • TUESDAY, APRIL 11, 2017

POLITICS

The Botched Trial of Justice Ademola After giving the impression that it had rock solid evidence to nail Justice Adeniyi Ademola, his wife and a senior lawyer, the government was shocked by the trial court’s decision upholding the defendants’ no case submission. Davidson Iriekpen considers how the case was bungled.

ive months after they were charged before an Abuja High Court, a judge of the Federal High Court in Abuja, Justice Adeniyi Ademola, his wife, Olabowale, and a Senior Advocate of Nigeria (SAN), Mr. Joe Agi, were last Wednesday discharged and acquitted of the 18-court criminal charge filed against them by the federal government. Justice Ademola was one of the seven judges whose residences were raided by the Department of State Services (DSS) last October on allegations of corruption. He was arrested and subsequently charged to court for receiving gratification, illegal possession of firearms among others. The federal government claimed it had a solid evidence to convict the accused persons. It lined up 19 witnesses against the accused persons. But gradually, what the government thought was a solid case started crumbling like a pack of cards. The defendants took advantage of the weakness in the prosecution case and filed a no-case submission by the defence team. To prove their innocence and perhaps return to their jobs, Justice Ademola and his wife had opted for an accelerated trial. Justice Okeke’s Judgment Ruling on the no-case submission filed by the defendants through their lead counsel, Onyechi Ikpeazu (SAN), the trial judge, Justice Jude Okeke held that the prosecution failed to establish a prima facie case against the defendants. He described the charges as highly speculative and without an iota of merit. The judge, who took time to review all the counts one after the other, said the conspiracy charge in count one was not established against Justice Ademola, his wife and the senior lawyer, who was charged along with the couple. Justice Okeke found that the prosecution did not in any way prove the ingredients of conspiracy against the defendants, as it failed to establish where they met and conspired to commit any crime. The judge also dismissed counts three, four and five, which bordered on the receipt of gratification. On the alleged N30 million gratification found in the account of Mrs. Olabowale Ademola, which was said to have been donated by a group of lawyers during her daughter’s wedding, the judge said that the prosecution failed woefully to establish that the donations by the lawyers were meant to influence cases before Justice Ademola, if at all there was any. He said that a witness of the prosecution made it clear to the court that there was no evidence linking the donation for the marriage ceremony to influence any matter before the first defendant, hence the judge dismissed the charge on the grounds that the prosecution failed to discharge the burden of proof on it. On the BMW car said to have been delivered to Ademide Ademola, son of Justice Ademola, the judge said that from the beginning to the end of the transaction that led to the delivery of the car, the prosecution did not establish any link to prove that Ademide Ademola negotiated in any way on behalf of his father. He further held that count nine was bereft of evidence against the judge because there was no iota of evidence, both oral and written, that the vehicle in question was meant for the judge as all documentary evidence, including the invoice pointed to the fact that Ademide negotiated for the car and it was even delivered to him in his house, a fact not disputed by the prosecution. On the foreign currencies found in the residence of Justice Ademola, Justice Okeke held that the prosecution failed to establish against the first defendant that he acquired the money through unlawful acts and that none of the prosecution witnesses who testified on the charge was able to prove that the money was acquired through fraudulent means as required by law. He said that the charge had to be resolved in favour of the first defendant in view of the glaring inability of the prosecution to prove a prima facie case against the defendant.

Malami...... to file appeal against the judgment

Justice Okeke also resolved the charge on unlawful possession of firearms in favour of the judge on the same grounds of the failure by the prosecution to support the charge with any reliable evidence. He also said that he believed the evidence provided by Justice Ademola that the two guns found in his house belonged to him and another judge of the Federal High Court, A. R. Mohammed, having tendered before the court and without contradiction from the prosecution, the letters approving and releasing the two guns to them on different dates by the appropriate authority. The judge said that he disbelieved the claim of the prosecution that the two judges had no requisite licences to operate the guns, adding that the prosecution who had initially stood its ground that there were no licences, suddenly somersaulted when the licences were tendered by the defendants, noting that the allegation of the prosecution was changed completely to the fact that the licences were not tendered on time. The court held that there was no evidence that the prosecution ever demanded that the defendants produce the licences and that when provided and admitted by the court, the allegation of the prosecution became empty. In all, Justice Okeke held that the prosecution failed to establish a prima facie case against the three defendants by failing to provide evidence to link them with the alleged offences and

In all, Justice Okeke held that the prosecution failed to establish a prima facie case against the three defendants by failing to provide evidence to link them with the alleged offences and consequently dismissed the 18-count charge against the defendants, discharged and acquitted them from the alleged offences

consequently dismissed the 18-count charge against the defendants, discharged and acquitted them from the alleged offences. Turning Point of the Case Perhaps, the turning point in the case was when the 16th p rosecution witness, Babatunde Adepoju, mounted the witness box. He admitted under cross-examination that the N30 million transferred by Agi, to the account of Justice Ademola’s wife, Olabowale (2nd defendant) cannot be described as a bribe. The trial turned messier when reference was made to President Muhammadu Buhari. Agi was alleged to have given a N30 million bribe to Justice Ademola through his wife, Olabowale in three instalment of N10million each. But the lawyer, in his statement to the DSS during investigation and interrogation, had said the said money was a gift from Ken Hubert and Bassey Bassey who are friends of the judge for the wedding of his daughter. To clear his name that the money was not a bribe, Agi revealed that one of the lawyers in the team that defended the suit seeking to prove that Buhari did not have the basic qualification to aspire to the office of the president, Mr Kola Awodein (SAN), also gave N500,000 to the judge as a gift during his daughter’s wedding. Adepoju, while in the witness box announced to the consternation of everybody in the courtroom that Agi told him during investigation that Awodein, who was one of the lawyers in the team that defended the suit against Buhari, gave N500,000 to the judge as a gift during his daughter’s wedding. Because the president had now been dragged into the case, the witness recapitulated, saying such a gift could not be described as a bribe. He said it was customary in Nigeria that friends and well wishers shower gifts on family celebrating the wedding of their daughters. This, to many observers, was the joker that turned the case around and in favour of the defendants. In addition, the witness admitted that there was no petition from anybody that the monies recovered from Justice Ademola’s house which the government had relied upon to nail the embattled judge, were proceeds of a crime or bribe. Adepoju under cross-examination on whether Agi told him that the gifts of N30 million from Ken Hubert and Bassey was a gift to the judge for the wedding of his daughter and the witness answered in the affirmative. The witness was also asked whether Agi told him that it was not only Hubert and Bassey that gave gift to the judge but that Mr. President’s lawyer, Awodein, also passed a gift of N500,000 to the judge. He also said yes.

When the witness was further asked whether Agi told him that the N500,000 gift was given to the judge by Awodein during the pendency of the Buhari’s certificate suit before Justice Ademola, he admitted that he was told. He also was asked whether as an investigator, if he investigated the assertion that the said gift was given during the pendency of the suit. He, however, answered that he did not investigate. At this point, the defence team tendered the court papers of a suit marked FHC/ABJ/ CS/01/2015 dated February 9,2015 wherein on Chukwuwinke Okafor sued General Muhammadu Buhari (rtd) over his qualification to run for the office of the president. He was however asked to read out the name of the third counsel defending Buhari in the matter. The witness read out the name of “Kola Awodein.” The court in turn admitted the papers in evidence . The witness was then asked whether it was right to say that Buhari had bribed Ademola on the basis that his lawyer gave the judge a gift of N500,000 for his daughter’s wedding. The witness answered no. He was further asked whether it could be said that Agi bribed Ademola with the said N30 million when such gift passed through him (Agi) for the judge’s daughter’s wedding. The witness also answered no. He was then asked why he did not believe when Agi and the givers of the said N30 million gift said it was a gift for the judge’s daughter’s wedding. The witness said he did not just believe. However, a letter written by Hubert and Bassey backing up the cash gift was given to him to read and same was tendered as evidence before the court. At this point, the witness was also asked whether in the cause of his investigation, he found any case which Agi was handling before Justice Ademola that could warrant the payment of such N30 million. Adepoju, however, answered that he did not see any such case. To prove that the charge was a vendetta, the defence asked the witness whether anyone filed any complaint against the judge and the witness said no. The defence also asked whether anyone has laid claim to the monies recovered in the judge’s house, the witness said nobody had come to claim the monies and that Justice Ademola had insisted that the money was his. Justice Ademola Maintains His Innocence From the onset, Justice Ademola had maintained his innocence. He accused the Department of State Services (DSS) and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN of being behind his ordeal. He said the immediate reason for his arrest was his decision to grant bail to former National Security Adviser, Sambo Dasuki, and a pro-Biafra leader, Nnamdi Kanu who are standing trial on separate charges of corruption and treason. The judge also cited a longstanding friction with Malami as a reason too. He denied the allegations against him, including charges that he was in possession of unlicensed firearms. He explained that Malami instigated his arrest to take his pound of flesh after he (the judge) had pressed a case of professional misconduct against the minister while he (the minister) was still practising as a lawyer in Kano. He said he was then a judge of the Federal High Court serving in the Kano Division. A letter he wrote to the then Chief Justice of Nigeria, Justice Mahmud Mohammed reads: “What is more intriguing in this whole episode is that I see it as revenge from Malami. While I was in Kano between 2004 and 2007 as a Federal High Court judge, he was involved in a professional misconduct necessitating his arrest and detention by my order. However, with the intervention of the Nigerian Bar Association, Kano branch, the allegation of misconduct was later withdrawn by me. Consequently, the National Judicial Council referred Malami to the Nigerian Bar Association’s Disciplinary Committee.” NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY, APRIL 11, 2017 • T H I S D AY

FEATURES

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

Regeneration of Falomo Bridge The under-carriage of the popular Famolo Bridge linking Ikoyi and Victoria Island is being transformed by British-Nigerian artist Polly Alakija. But Solomon Elusoji wonders if Alakija’s murals can withstand the threat of miscreants who are in the habit of defacing public infrastructure

Alakija at work on one of the columns under the Falomo Bridge

he Falomo Roundabout is busy, as vehicles go in circles, making their way in and out of Awolowo, Bourdillon and Kingsway roads. The Falomo Bridge, which connects Kingsway to Akin Adesola Street, stretches over the roundabout and at one of the columns that supports the bridge, Polly Alakija and her team are at work. Alakija is one of Nigeria’s finest contemporary artists. In 2013, she held a hugely successful exhibition, Here and There, at the Wheatbaker, Ikoyi, displaying 62 pieces of her works that span 24 years of art. Her medium varies from pencil sketches to chalk and charcoal drawings, but have the striking similarity of painting for a figurative picture of the world. “I am moved to paint because I want to share the beauty I see around me,” she said, in a 2013 interview with this writer. Alakija was born in 1966 in Malvern, England, and studied Art at the Oxford Polytechnic, before later completing a teaching diploma in the Montessori Method. She had her first exhibition when she was 18. In 1989 Alakija moved to Nigeria, where she married and subsequently began a family. Since 2005, she has worked in Nigeria, South Africa, and England and has exhibited both internationally and locally. Nowadays, she finds herself doing more of mural art, focusing on educational projects and holding small, quiet exhibitions. At Falomo, Alakija is recreating paintings of women on the bridge’s columns. Women are a recurring theme in her works and they appear at Falomo Bridge as symbols

of strength, as important components that allow societies function properly. “A lot of people have asked me ‘who are the women?’ They are nobody in particular,” she said, in an interview with THISDAY. “The first time I met these women is when I’m on the column painting; they are representations of women as pillars of strength; they are silent, they’re strong, they carry this heavy burden.” A cursory look at the paintings on the columns, which were still ongoing as at the time of writing this piece, reveals that all the women are facing one direction, which creates an emphatic effect on the viewer. “What I want to achieve is for you to see rows and

At Falomo, Alakija is recreating paintings of women on the bridge’s columns. Women are a recurring theme in her works and they appear at Falomo Bridge as symbols of strength, as important components that allow societies function properly

ABIODUN AJALA

rows of faces looking at you, emphasising the strength of the imagery, of the women,” Alakija said. There are also representations of cowry shells on the columns, which Alakija notes is intended to speak about Five Cowries Creek, a distributary near Falomo. It is palpable that she is much interested in the history of the spot on which she’s working on. A close look at the columns that have been painted reveal tree shapes and branches sprouting at the edges. “As I progress, I will be bringing in more of that,” she said, “because when I was thinking of what to paint here, I was thinking about the history of the site, what was here 50 years ago, what was here 100 years ago. And I think a lot of young people in Lagos today are not hugely aware of their cultural and natural history. And the reality is two hundred years ago, this spot was probably a mango swamp.” But she’s not particular about people fixating on the metaphors conjured by the imagery, stemming from her belief that art should be as figurative and visually invigorating as possible. “My project brief from the Commissioner for Housing (the direct initiator of the project) was to create an inspirational mural,” she said. “So I want whoever looks at this to feel good about life, to feel a bit uplifted.” Alakija’s work at Falomo is not limited to beautifying the columns. There is also a re-landscaping aspect to it. She was contracted by the Lagos State government, as part of its urban regeneration programme, to transform the much-trafficked spot into a pleasant environment. “It’s all part of Lagos State’s

plan for urban regeneration,” Alakija said. “We are re-landscaping all of it, uplifting the whole area and part of that is the artwork. It’s about making them safer, more pleasant and more secure and it’s also about having a more socially inclusive city. So, it’s about creating a pleasant environment for everybody in Lagos State.” Although the job is to be completed by May 27, Falomo Under-ridge is already exuding creative vibes. “I see a lot of people driving round and round several times now so they can see what’s going on; I have quite a lot of people come in the afternoon after work to see the progress,” Alakija said. “So that’s what this is about – it’s taking art out of the gallery, bringing it to the streets, and using it to reach out to people who’ve possibly never been in contact with art before.” But, one wonders, what happens to the regeneration when it is completed? In Lagos, it is common to see graffiti, banners and posters of all sorts on electricity poles, flyovers, and walls of public and private properties, defacing the city’s face. The major culprits are religious centres and politicians, when electioneering season surfaces. Although the state government, through the Lagos State Signage and Advertising Agency (LASAA), continues to work tirelessly in clamping down on individuals and organisations involved in such environmentally degrading activities, the fear that Falomo’s regeneration would be tainted persists. This, however, is not a future that worries Alakija. She has been involved in several public display of art and she reckons that

• T H I S D AY TUESDAY, APRIL 11, 2017

FEATURES

The paintings seek to depict women as pillars of strength

people tend to respect beauty. “We do have a certain commitment to make sure it’s maintained and looked after,” she said. “But in my experience, when you regenerate a place like this, when you put in something beautiful, people tend to respect it. I’ve never had an issue with street art before; the murals I paint rarely get defaced. I think the community usually are proud of it.” She could be right. She has worked with school children from Kuramo Primary School and Archbishop Taylor Nursery and Primary School to create artwork on two BRT buses currently on the state’s road. There is also a mural which is currently being displayed on the walls of Kuramo Primary School that has not been tampered with. Perhaps, art might be the way to go if public spaces in Lagos are to be kept out of the reach of reckless defacers. And considering there are similar projects – most notably the ones at Stadium Road, Ojuelegba and LASUTH, Ikeja – to the one at Falomo going on at several spots in the city, it seems the authorities have taken note. Meanwhile, an aide to the Lagos State Commissioner for Housing who spoke on condition of anonymity, said there are measures that have been put in place to ensure that the space is properly maintained and kept pristine. “There are a couple of things that we have put in place and are still going to put in place,” the aide said. “For example there is security; we will ensure that the project is not messed up.” By May 27, Alakija should have painted her last column and Falomo Under-bridge transformed into a public space befitting of

I see a lot of people driving round and round several times now so they can see what’s going on; I have quite a lot of people come in the afternoon after work to see the progress. So that’s what this is about – it’s taking art out of the gallery, bringing it to the streets, and using it to reach out to people who’ve possibly never been in contact with art before

Alakija . . . famous for mural art

A close-up shot of one of the designed columns

Some of the refurbished Falomo Bridge columns

Lagos’ burgeoning megacity status. “I think it’s brilliant that Lagos State is embracing this,” she noted. “If I think about the process

I would have to go through in the UK to get a public commissioning like this off the ground, you’ll be talking about years

in process. I feel grateful that I have been given this opportunity and I am very excited that Lagos State is supporting the arts.”

T H I S D AY TUESDAY APRIL 11, 2017

T H I S D AY • TUESDAY, APRIL 11, 2017

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 12.5417 16.4549

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Quick Takes IBEDC Customers Get Transformers

Ibadan Electricity Distribution Company (IBEDC) has distributed transformers to customers in Oyo, Ogun, Osun, Kwara and parts of Ekiti, Niger and Kogi States, energising over 7,000 customers across 70 communities. Some of the communities: include Dagbolu, Ayeso, Alagbede, Sagba Abogunloko and Obalaoye, in Osun State. Others include: Ile-Ife Road, Dada, Ifelodun, Elegbede, Ifesowapo, Ifedara, Stadium Road, GRA, 1004, Apena Sojobi, Tiwatope, Dosunmu, Idi Orogbo, Araromi, Mechanic Village, Ijaye, Justice Abimbola Avenue, Fassy Yusuf Avenue Ketere, Ladejobi and Shakura in Ogun State. The rest are: Ekan Garage, Abba, Ile-Ogbo andMashallahu in Kwara State;Elelu, Alafia, Agodongbo, Oyo Town, Akanran, BiokuAlaadun, Orogun,Owode, Sango, Adeleke, Bello, YekiniLaditi, Benjamin andOdinjo in Oyo State. Speaking at the commissioning of the 300kVA transformer in Mashallahu community in Kwara State, the Chief Commercial Officer of the company, Mr Deolu Ijose said that this investment was in fulfilment of the company’s promise to provide better service and bring succour to its esteemed customers throughout its franchise area.

S/Africa Set for $72bn Nuclear Project

WELCOME TO ONNE FREE ZONE

R-L: General Manager Legal, INTELS Nigeria Limited, Mr. Mike Epelle; Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Simbi Wabote; Head Administration of INTELS Nigeria Limited, Mr. Chibuisi Onyebueke, and Director, Planning, Research and Statistics, NCDMB, Mr. Patrick Obah, when Wabote visited INTELS and other companies at the Onne Free Zone …recently

FG Sets Three-year Deadline to Reduce Equity in NNPC’s Refineries Chineme Okafor in Abuja The federal government has disclosed that it would in the next three years, tactically cut down its overall equity share in the three of the oil refineries operated by the Nigerian National Petroleum Corporation (NNPC). The government stated this in the new Economic Recovery and Growth Plan (ERGP) document, which President Muhammadu Buhari, recently launched in Abuja to aid Nigeria recovery from economic recession. According to it, far-reaching reforms would be initiated in the country’s oil and gas industry, especially in line with the ‘7 Big Wins’ roadmap that

ENERGY was earlier initiated by the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and also launched by Buhari. Buhari had reportedly refused to yield to the proposal that government should wind down its equity interests in the refineries which productivities have remained extremely poor, and allow private investors take up shares to revamp their operations. The government had consistently maintained that it would not privatise the refineries, but would only invite private investors to invest in its revamp and operations on agreed shared business terms.

But listing the key activities that would be done in oil and gas section of ERGP, the government explained that it would revamp refineries to increase local production capacity and gradually reduce its shares in them. It said it would: “Strategically reduce government equity in NNPC refineries and other downstream subsidiaries such as pipelines and depots, conclude downstream liberalisation, implement new business models for refineries, revamp refineries to increase capacity utilisation, encourage private-sector participation through co-location and JV arrangements, and work with the National Assembly to ensure passage of the PIB

(Petroleum Industry Bill).” The government as well noted that it would transform Nigeria’s gas sector by launching development projects that could increase gas production in the country. In this regards, it stated that it would: “Accelerate the building of critical pipeline infrastructure like Obiafu-Obrikom-Oben pipeline (OB3), Trans Nigeria Gas Pipeline, Escravos Lagos pipeline system (ELPS)II), finalise gas production sharing contract terms, implement the seven key gas development projects to ramp up domestic supply, and roll out the LPG (liquefied petroleum gas) Continued on page 22

Power Supply Drops Consistently for Two Weeks Ejiofor Alike Electricity generation has dropped consistently for two weeks, averaging 3,400MW despite the fact that the Niger Delta militants have ceased to attack gas pipelines in recent months, THISDAY’s investigation has revealed. Power generation had hit an all-time high of 5,074megawatts on February 2, 2016 before the Niger Delta Avengers (NDA) and other militant groups launched fresh attacks on oil and gas infrastructure in the Niger Delta, which disrupted gas supply to power generating plants. After the militant groups resumed attacks on gas facilities, the erratic power supply in the country was blamed on

ENERGY the activities of the militants. However, with the Federal Government’s fresh initiatives led by the Vice President, Prof. Yemi Osinbajo and the Minister of State for Petroleum, Dr. Ibe Kachikwu to engage the relevant stakeholders in the oil-rich region, the militants have since declared a ceasefire. THISDAY gathered that despite this development, power generation has continued to dwindle, thus puncturing government’s claims over the years that the attacks on gas pipelines were responsible for the epileptic power supply in the country. Investigation revealed that from a one-month daily peak of 4,452 megawatts recorded

on March 22, peak generation had dropped consistently to 4,072.70MW on March 29. The Daily Operational Report further showed that from the daily peak of 4,072.70MW on March 29, generation dropped consistently with daily peak dwindling to 3,737MW on April 5 and 3,903.30MW at the weekend. Also the daily lowest generation, which was 3,638.60 megawatts on April 2, also dropped consistently to 3,200.20MW on April 5 and 3,289.40MW during the weekend. With the poor generation in the past two weeks, electricity supply, which averaged 4,400MW four weeks ago, hovers around 3,400MW since the past two weeks, despite the relative calm in the Niger Delta.

THISDAY had reported that while the generation and distribution companies have blamed poor supply on gas shortages and grid instability caused by weak transmission infrastructure; the Transmission Company of Nigeria (TCN) blamed the Discos for rejecting power allocated to them. However, gas suppliers have argued that there is enough gas to generate power but that the generation companies cannot pay for gas. But the Gencos have insisted that they are not able to pay for gas because they are being owed for the power they generated into the National Grid. To address the liquidity challenges, the federal government Continued on page 22

South Africa’s tender for the estimated 1 trillion-rand ($72 billion) expansion of its nuclear power plants will begin in June when state utility Eskom requests proposals from companies bidding for the project, City Press newspaper reported on Sunday. South Africa, which has Africa’s only nuclear power station, wants nuclear power to play the leading role in expanded power generation, easing the country’s reliance on an ageing fleet of coal-fired plants. It has asked Eskom to procure an additional 9,600 megawatts (MW) of capacity. Rebutting the report, National Treasury head of communication Yolisa Tyantsi said a meeting or presentation with Eskom on March 28 “was not on the state of readiness to procure” more nuclear power. “National Treasury is not in a position to publicly disclose the discussions,” she said. The City Press reported that an internal Eskom document indicates that the country’s nuclear programme will get underway. According to the document, Eskom will issue requests for proposals in June, set the deadline for bids in September and for evaluation in December. The winning bidder will be decided in March 2018, the newspaper said, and the contract will be signed between December 2018 and March 2019. Eskom’s spokesperson Khulu Phasiwe said “nothing at this stage has been decided on, those dates were suggestive dates.”

‘No Income Taxes for Saudi Citizens’

Saudi Arabia’s finance minister said on Sunday that citizens would not pay taxes on income and Saudi companies would not see their profits taxed under sweeping economic reforms being introduced in the oil-rich kingdom. The collapse in oil prices after mid-2014 has pushed Saudi Arabia to contemplate a radical overhaul of all parts of its economy, including new taxes, privatisations, a changed investment strategy and sharp cuts in government spending. Mohammed al-Jadaan sought in a statement carried by state news agency SPA to allay concern that people would be taxed as part of the ambitious reform plan. Saudis currently do not pay any income tax, nor are Saudi companies taxed on their profits. He also said a value-added tax planned for 2018 would “not be raised above 5 percent before 2020”. The six Arab monarchies of the Gulf Cooperation Council are aiming to introduce a 5 percent value-added tax at the start of next year to raise non-oil revenues. But economists and officials in some countries have said privately that simultaneous introduction in all countries may not be feasible.

“For the first time in a long time, this is the peak of very hot weather, where the waters in the hydro plants are down; we are keeping power at about 3,400MW” Minister of Power, Works and Housing, Mr. Babatunde Fashola

T H I S D AY • TUESDAY, APRIL 11, 2017

BUSINESSWORLD FG SETS THREE-YEAR DEADLINE TO REDUCE EQUITY IN NNPC’S REFINERIES

Penetration Programme.” On governance of the oil sector, it explained that it would get its ministries of petroleum resources, justice, internal affairs and justice amongst others to: “Review policy and regulation including the National Oil Policy, National Gas Policy, Downstream Policy Fiscal Reform Policy, and Petroleum Industry Reform Bill.” It added that it would: “Improve the business environment and investment drive in the areas of accelerated income streams, upstream, midstream, and downstream.” Further on gas development, it said it would continue its promotion of domestic utilisation of LPG and compressed natural gas (CNG), while reducing gas flaring. POWER SUPPLY DROPS CONSISTENTLY FOR TWO WEEKS

had approved N701 billion intervention fund to assist the members of the electricity value chain to meet their obligations.’ But the electricity distribution companies under the aegis of the Association of Nigerian Electricity Distributors (ANED) argued that the N701 billion fund has the potential to worsen revenue shortfalls bedeviling the power sector. ANED’s Executive Director in charge of Research and Advocacy, Mr. Sunday Oduntan, had described the fund as just a partial solution to the liquidity challenges of the sector. “However, as commendable as this intervention is, we believe that it is a partial solution to the liquidity challenges of the sector. More so, as it holds the potential for exacerbating the revenue shortfalls that the market is currently suffering from. While an increase in electricity supply is the desired objective of everyone, such an increase without the requisite full recovery of cost via the appropriate pricing of power, means a resultant worsening of the market revenue gap,” Oduntan reportedly explained.

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

NEITI Asks FG to Probe Utilisation of $15.8bn NLNG Dividends by NNPC Chineme Okafor in Abuja The Nigeria Extractive Industries Transparency Initiative (NEITI) has called on the federal government to institute an independent investigation into the status and utilisation of all dividends and loan repayments by the Nigeria Liquefied Natural Gas (NLNG) Limited to the Nigerian National Petroleum Corporation (NNPC). NEITI said the dividends and loan repayments amounted to $15.8 billion and were paid to the NNPC on behalf of the federation by the NLNG between 2000 and 2014. According to the Executive Secretary of NEITI, Waziri Adio, who made the call in Abuja during an interactive session with journalists on NEITI’s latest policy brief, which examined the unremitted funds, the NNPC has stated several times that the funds were safely kept intact, but there was still need to investigate their current status. Adio stated: “Since the Federation’s shareholding in NLNG is held through NNPC, dividends are paid to NNPC, which should remit same to the Federation. However, NEITI’s audits have revealed that until 2015, NNPC failed to remit the interests and dividends from NLNG to the Federation Account.’’ He added that the total outstanding dividends and loan repayments by NLNG to NNPC not remitted to the Federation account was $15.8billion, and that these payments were traced to

NNPC accounts by its independent auditors but observed that there was no trace of NNPC’s remittance of the money to the Federation Account as required by sections 80(1) and 162 (1) of the constitution. Adio also stated the need to investigate the NNPC’s management of the 445,000 barrels per day (bd) domestic crude oil allocation for its refineries in Kaduna, Warri and Port Harcourt. He said there were concerns that earnings from the daily

allocation of 445,000bd for domestic use have not been properly accounted for. “First, the refineries have been operating at below full capacity for a long time and currently process less than 100,000 barrels per day. Between January 2015 and September 2016, NNPC lifted a total of 245.4 million barrels of crude oil for domestic use. “Out of this total, only 24.7 million barrels were delivered to the refineries. This represents a mere 10.06 per cent of the

total crude oil lifted for domestic use for that period. The remainder of this allocation was exported through a variety of channels: 64.8 million barrels or 26.4 per cent were exported directly, 97.6 million barrels or 39.77 per cent were sold under the Offshore Processing Agreements (OPA), and 58.29 million barrels or 23.75 per cent were sold under the Direct Sales- Direct Purchase (DSDP) scheme,” he stated. He maintained that concerns raised in NEITI’s audits and by

other stakeholders about the inefficiency of these arrangements, especially the OPA, led to its discontinuation in April 2016. He, however, explained: “NEITI audits have shown that earnings from transactions arising from domestic crude allocation have not been fully remitted to the country’s treasury. Between January 2012 and July 2013, total revenue for domestic crude sales was $28,215,731,691 but NNPC only remitted $14,542,654,329.’’

MEDIA PARLEY

L-R: General Manager, Supersport West Africa, Felix Awogu; Managing Director, MultiChoice Nigeria, John Ugbe and Regional Director, M-net West Africa, Wangi Mba-Uzoukwu, during the media round-table held in Lagos…recently

SON Gives LPG Marketers Two-week Ultimatum over Substandard Storage Tanks Stories by Ejiofor Alike As part of the efforts to ensure safe usage of Liquefied Petroleum Gas (LPG), better known as cooking gas, the Standards Organisation of Nigeria (SON) has warned marketers with uncertified LPG storage tanks across the country to get the standardisation and certification of the facilities or have then shut down. SON has also given a two-week ultimatum to all owners of LPG storage tanks nationwide to commence the process of SON certifications or have the tanks dismantled. A statement from the Office of the Director General of SON, Mr. Osita Aboloma in Abuja indicated that SON has since observed and worried by the sharp rise in the installation of LPG storage tanks in petrol filling stations across the country, many of which could not provide evidence of SON certifications of the vessels. The Director General has therefore directed all SON officers to intensity the surveillance of all installed LPG storage tanks in their areas of coverage to ascertain those that have undergone SON certifications before installation as required by the Department of Petroleum

Resources (DPR) regulation. Mr. Aboloma disclosed that all imported and locally fabricated LPG storage tanks are required to undergo SON certification to assure conformity to the requirements of Nigeria Industrial Standards (NIS) 419:2000, specification and Testing of Unfired Pressure Vessels for the Storage of Liquified Petroleum Gas (LGP). These according to him, include safety and performance requirements. According to the SON helmsman, locally manufactured vessels are required to undergo certification under the SON Mandatory Conformity Assessment Programme (MANCAP), while imported vessels are required to undergo the offshore Conformity Assessment Programme (SONCAP) certification. The SON Boss appealed to the public to be vigilant and report any installation of LPG storage tanks in their vicinity to the nearest SON office for verification of compliance to standards requirement in the interest of public safety. He warned that Nigerian would not suffer from gas explosion due to the use of sub-standard storage tanks. “The time has come to put our acts together and end the

nightmare. We are committed towards

the full implementation of the policy against the use of

substandard storage tanks,” he added

Nigerdock Delivers Fabricated Structures for 200,000bpd Egina FPSO Nigerdock has given a further boost to local content drive in Nigeria having successfully fabricated and loaded out structures to be integrated into the Floating Production Storage and Offloading (FPSO) for the 200,000 barrels per day Egina Deepwater field being developed by the French oil giant, Total. These structures were fabricated in-country at Nigerdock fabrication yard located at Snake Island Integrated Free Zone (SIIFZ) Lagos, by the company’s professionallytrained Nigerian workforce. The structures, which include: the Riser Porch, Flare Tower, Helideck Structure, Protection Structure, Access Tower, Crew Boat Bathing Structure, Crane Pedestal, Telecom Mast, Living Quarter Blocks, Laydown Area Blocks, Muster Station, Work Boat Structure, and Vertical Caissons among others, with a combined weight of 7336 tonnes, were loaded out in phases at Nigerdock’s industry leading facility. Speaking at the weekend

during the load-out of the Protection Structures for the deepwater field, the Nigerdock Egina Project Manager, Mr. Adebola Adesoye disclosed that the company achieved a cumulative 3.8 million man-hours of zero Lost Time Injury (LTI). Adesoye further stated that the Phase 1 contract was awarded to Nigerdock in September 2014 while Phase 2 contract was awarded in December 2014, thus consolidating Nigerdock’s contributions to the Egina project. “We feel proud that we have delivered on the projects,” he added. Nigerdock had fabricated and loaded out the 732-tonne Flare Tower Structure for the Egina FPSOwhich sailed away to Korea for initial integration of the fabricated structures onto the Egina FPSO. Speaking at the loadout ceremony, Group Managing Director, Jagal Energy, Chris Bennett, commended the management and staff of Nigerdock for their contributions towards the accomplished Project. He said the timely delivery of the

fabricated structures for Egina FPSO was another significant achievement and boost to the local content initiative in Nigeria. “Nigerdock remains the foremost local content champion, committed to the vision of building the country’s local capacity and delivering value to the economy. Our capacity and capabilities have been reaffirmed through the success of Egina FPSO Project. It gives our clients and the government a measure of confidence, trust and reassurance that Nigerdock, can operate with global best practice. We continuously set the highest standards, which is why we have recorded a series of firsts in the industry. Remarkably, these Projects were executed in Nigeria without any LTI which compares with best in class in Europe and America,” he explained. The FPSO is being developed for deployment in the Egina oil field, located 150km off the coast of Nigeria. The field is currently under development and production is scheduled to begin in 2018.

T H I S D AY • TUESDAY, APRIL 11, 2017

BUSINESSWORLD

ENERGY

Legalising Illegal Refining as Pathway to Ending Militancy Illegal oil refining in the Niger Delta is not an entirely new venture; it has gained a life of its own but with negative consequences on the environment and economics of the region. Chineme Okafor writes on the recent decision of the federal government to convert illegal refineries into legal useful entities

Illegal refiners at work in Niger Delta As part of its plan to develop the oil-bearing Niger Delta and perhaps end crude oil-related criminalities in the region, the federal government recently announced that it would seek out ways to formalise operations of illegal oil refineries, which have taken more than it has offered to the region and its environment. As part of its peace-seeking trip to end militancy in the region and allow for steady production of oil, the Vice President, Prof. Yemi Osinbajo disclosed that the country would have to find a way to provide jobs for people who live off illegal refining of oil in the Niger Delta. He stated in Rivers State, that in its renewed approach to taking care of illegal refineries’ operators in the region, the government would engage them to tap into their expertise, thus indicating that a new approach entirely different from that of destroying their operational bases was in the offing. “Our approach to that is that we must engage them by establishing modular refineries so that they can participate in legal refineries,” said Osinbajo who added that: “We have recognised that young men must be properly engaged.” Without providing further details on the plan of the government on this, the vice president however noted that the government would also make more provisions for the amnesty scheme it has going for former militants who laid down arms in 2009 in exchange for cash stipends and job training. A flourishing business As repeatedly reported in the media, illegal refining has remained one of the few flourishing businesses in the region, which, ironically has damaged the environment. Due to the derelict state of Nigeria’s four refineries in Warri, Port Harcourt and Kaduna, the country hugely relies on imported fuel to survive but these are often hard to find in the Niger Delta region. Historically, there are usually huge differences in the price of a gallon of petrol sold in most Niger Delta states and that sold in other parts of the country like Lagos and Abuja. To augment their supply, residents of the region often resort

to refined products from the illegally operated refineries which are also frequently destroyed by Nigeria’s security authorities during periodic raids on their various operational bases in the region. From the environmental perspective, the operations of this illicit industry have been extremely harmful, yet financial beneficial to its operators. As anentrenched operation, there have been reports indicating that the industry is run by a syndicate of bigwigs who are also involved in illegal oil bunkering business, using a group of idle and ravenous youth of the region. As at the last count in 2016, one of Nigeria’s

security outfits - the Nigeria Security and Civil Defense Corps (NSCDC), said it identified and destroyed about 250 illegal refineries in one year, while securing the conviction of 40 people out of 118 involved in the illegal refineries’ operations in the region. But beyond the economic considerations of the impacts of illegal refineries in the region, these activities have more importantly, severely impacted the biodiversity, forestry aesthetics, rebirth of plant species, and destruction of wildlife habitat in the Niger Delta. It has also significantly disrupted the water cycle of the region’s rivers and freshwater sources, in addition to wiping off almost all of its medicinal plant species. On the other hand, the region’s youthful population, have also embraced it as a source of livelihood, thus negating other healthy productive livelihood means. This has often pitted them against the country’s security formations in attempts to get rid of their operations.

Notwithstanding the government’s desires, the Department of Petroleum Resources (DPR) however stated that it would not be in a hurry to grant operational licenses that would formalise the operations of the illegal oil refineries until standard Environmental Impact Assessment (EIA) studies have been conducted on them and their locations

NNPC backs plan However, with the government’s announcement of its plans to convert the illegal refiners, the Nigerian National Petroleum Corporation (NNPC) said it would throw its support on such, describing it as part of the antidotes to criminality and militancy in the region. According to the corporation, the government’s decision would take away from the streets of the region, many of its jobless young people who have resorted to criminal acts like petroleum assets vandalism. In a statement from its Group General Manager, Public Affairs, Mr. Ndu Ughamadu, the corporation’s Group Managing Director, Dr. Maikanti Baru, disclosed its support for the plan when he spoke at the 53rd International Conference and Exhibition of the Nigerian Mining and Geosciences Society (NMGS). Baru, according to the statement defended the government’s plan to transform the illegal refineries in the Niger Delta into legal entities for proper integration of the youth in the region. He argued that getting the youth to form

consortia that could set up 1000 barrels per day modular refineries would get them off criminality and create jobs that would add to the region’s development indices. DPR gives condition Notwithstanding the government’s desires, the Department of Petroleum Resources (DPR) however stated that it would not be in a hurry to grant operational licenses that would formalise the operations of the illegal oil refineries until standard Environmental Impact Assessment (EIA) studies have been conducted on them and their locations. The DPR which has the job of regulating for economic and operational benefits in Nigeria’s oil and gas industry, stated that there were differences between standard modular refineries and illegal refineries, and that both could not be confused to mean the same thing. The Department’s Assistant Director, Planning and Budget, Mr. Wole Akinyosoye, who represented its Director, Mr. Mordecai Ladan, said during a technical session on opportunities and challenges in the Nigerian oil and gas industry at the just concluded Nigeria Oil and Gas Opportunities Fair (NOGOF) in Uyo, Akwa Ibom, that the Department would require a comprehensive EIA from operators of the illegal refineries, after which it would undertake deep studies of them before deciding on operational licenses for them. Akinyosoye noted that DPR had in the past issued multiple number of licenses for modular refineries construction and had also requested for detailed EIA study of the locations of the refineries as provided for in the National Environmental Guidelines and Standards for the Petroleum Industries in Nigeria (EGASPIN). He added that beyond the EIA report, there were other requirements needed to be fulfilled before licenses for such refinery construction would be granted, and which from his explanations would irrespective of the government’s commitment to the conversion plans have to be met to guarantee safe operations of the refineries.

T H I S D AY TUESDAY APRIL 11, 2017

WEEKLY PULL-OUT

‘NIGERIA NEEDS STATE POLICE NOW’

11.04.2017

Mr. Dele Adesina, SAN

2/DASHBOARD

11.04.2017

Successful Plea of Self Defence under the Penal Code PAGE 4

Judges, Magistrates Brainstorm on Role of Family Courts in Justice Administration PAGE 5

Winning War Against Corruption, Lawyers Must Support the Fight - LASU VC PAGE 5

Group Faults Appointment of Judges to Lagos Bench PAGE 5

QUOTABLES

‘There will always be issues on one or two things. The relationship between the Executive and the Legislature is cordial. You cannot examine it based on NDDC, or EFCC. We have other issues. We have Ministerials that we are working on, I'm sure INEC, we will soon be working on, we have the budget that is more important, PIB. It's a mixture of all that that should guide us. Don't let us overheat on some of these issues..’' – Dr. Bukola Saraki, Senate President, Federal Republic of Nigeria ‘The EFCC has a Presidential Advisory Committee Against Corruption that gives everything but the right advice. It is that Panel that tells Public Officers not to obey an institution like the Senate, not to report to them. It is that Panel that quotes the law upside down, and has enthroned illogicality and injustice. If Buhari wants to succeed, he should disband that Panel, that Committee, immediately.’ – Mike Ozekhome, SAN

COLUMNIST 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 Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

Justice Adejumo Advocates Improved Welfare for Employees at P&G Seminar PAGE 6

‘Law is the Best Profession in the World’ PAGE 6

Casualties of “PetroNaira Warfare”: Free Niger Delta from Pollution PAGE 7

‘Folake Solanke: First Female Silk @ 85 PAGE 14

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

Education! Education! Education!

think I have deciphered the reason why the allocation for education in the budget in Nigeria is so low; in 2017, just N50 billion out of a N7 trillion budget. It is because Government and decision makers in Nigeria, do not place much value on education. With the ridiculously low educational qualifications required to attain the highest positions in the land, it is hardly surprising.

wax religious, probably recalling the plagues that God unleashed on the Egyptians to ensure that they ‘let His people go’! The Emir of Kano, His Highness, Mohammed Sanusi II called the Governor out on his statement, in his speech at the Kaduna Investment Summit which held last week, rightly stating that this is a medical issue, and vaccines and treatment for the sick should be provided forthwith. The Emir added that he has a degree UK in Islamic Law, and Governor Yari’s Recently, I met a 16 year old Brit- statement was not Islamically correct. ish boy whose ambition is to go into politics. He is hoping to study Politics Legal Profession at Oxford University. He got all A stars It is only the representative from in his O levels (equivalent of what we our learned profession that must knew as WASC), and is now studying possess proper qualifications. The hard to make excellent grades in his Attorney-General and Minister A levels, so he can qualify for Oxford for Justice must be a Lawyer of at University. least 10 years standing, qualified to Even though there seems to be no practice law in Nigeria, meaning he/ educational qualifications to become an she must go to University and pass MP (member of the House of Commons) out of Nigerian Law School (Section in the UK for instance, the practice is 150(2) of the Constitution). If this is that most of the MPs are well read. In the case for the Minister of Justice, a research program conducted by the why can it not be replicated in other Sutton Trust, the results showed that areas? Going by the Constitution, the 72% of the MPs attended University, Minister of Health need not even have while about 63% of the Conservative MPs O levels, just to have studied up to attended one of the “Sutton 13”, that is, that level. This is simply absurd and the 13 leading Universities in the UK farcical. including Oxford, Cambridge, London I obtained a BBA (Bachelors of BusiSchool of Economics and University ness Administration) in Economics with College, London (and they did not a Minor in Business Administration. fake their results and/or certificates!). I decided that I was not educated enough. So when I completed my School Certificate Level mandatory 1 year NYSC at Union Bank Sections 131(d), 142(2), 177(d), 65(2) in 1987, I enrolled at the University (a) and 106(c) of the 1999 Constitution of Lagos, got my LL.B (Hons) and of the Federal Republic of Nigeria (as obtained my BL from the Nigerian amended in 2010)(the Constitution) Law School in 1991. I can say with provide for the educational require- an air of certainty, that I know that ment of the President, Vice President, I was certainly not equipped to be a Governors, National Assembly and Minister or Member of the National Houses of Assembly respectively. They Assembly with the basic education are all only required to attend Secondary that I acquired from Secondary School. School up to School Certificate level (or its equivalent). They do not even I Went to Harvard T Shirt have to pass the exams! However, it is somewhat amusing Shockingly, by virtue of Section 147(5) that Politicians perhaps, seem to of the Constitution, a Minister only has now realise that education may be to fulfil the same educational qualifica- important, but since they have ‘missed tion as the members of the House of the boat’, some of them take the easy Representatives, that is, to be at least 30 years of age, with the same up to School Certificate level qualification. Lack of Understanding My question is how do people with such a low level of education understand complex issues like budget, national planning, finance and so on? But the truth of the matter is that such a person can become a Minister etc in Nigeria. So what is the need to waste time and money on education, when you can attain the highest positions in the land without much of an education? Why are we then surprised that there is such pandemonium in our country? Why do we express shock when a Governor, who also doubles as the Chairman of the Governors Forum, makes a public statement saying that the reason that Nigeria now has an outbreak of Meningitis C instead of the Meningitis A which has occurred in the past, is because of a curse or punishment from God because of our sins! The truth is that he may not know any better. All the research that I did on the Governor’s educational qualifications yielded no results. It was reported that his State, Zamfara, is the worst hit, with over 200 people allegedly dead from the outbreak already. Accusations of mishandling the disease outbreak in Zamfara have trailed the Governor, and instead of rising up to the occasion, to procure vaccines, treat the sick and quell the outbreak, he chooses to

route, and present false ‘Made in Oluwole’ educational qualifications. This is such an insult to those of us who have spent several years acquiring a complete education. I watched Senator Dino Melaye on television the other day, claiming that he has 7 degrees and he is a graduate of London School of Economics and Harvard University! Na so to attend LSE and Harvard dey easy?! They maybe go for a 1 week program, if at all, buy an ‘I went to Harvard t shirt’ and claim to be graduates of these institutions. What courses did he study at these institutions? Politicians, and Impostors, for the avoidance of doubt, the dictionary definition of a graduate is “a person who has successfully completed a course of study or training, especially a person who has been awarded an undergraduate or first academic degree”. The definition cannot be extended to 2 or 6 weeks emergency courses. Constitutional Amendment What am I trying to say? The Constitution should be amended as regards the educational qualifications required for those who hold public offices. Several drivers that I have employed not only studied up to School Certificate Level, they actually have some O levels. However, putting them in any position of authority could be likened to standing in front of a moving truck. Disastrous. They were incapable of understanding intricate issues or making cogent decisions. That is not to say everyone must go to University to be successful in life or to be intelligent. There are exceptions to the rule. There is Bill Gates! But he is a Harvard drop out (after 2 years), which means that he must have been highly intelligent in the first place, to have been accepted into Harvard. Ditto for the late Steve Jobs, the co-founder of Apple, who dropped out of Reed College. But most of us are not like them, we need that knowledge, expertise and experience of tertiary education to

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"I WATCHED SENATOR DINO MELAYE ON TELEVISION THE OTHER DAY, CLAIMING THAT HE HAS 7 DEGREES AND HE IS A GRADUATE OF LONDON SCHOOL OF ECONOMICS AND HARVARD UNIVERSITY! NA SO TO ATTEND LSE AND HARVARD DEY EASY?! THEY MAYBE GO FOR A 1 WEEK PROGRAM, IF AT ALL, BUY AN ‘I WENT TO HARVARD T SHIRT’ AND CLAIM TO BE GRADUATES OF THESE INSTITUTIONS"

perform in our fields. The Moral of the Story Government, you need to pay more attention to education and invest heavily in it like most other countries are doing. Or is it that, because we keep recycling the same people in Government, they are reluctant to educate the people, so that they do not come to the realisation that they have been had? The world has become a global village. A 10 year old primary school pupil in Lagos is not just compared to his classmates, he is compared to fellow 10 year olds around the world. We need to take a leaf out of South Korea’s book. The reason that our economy is in shambles, is that we have been ruled by a bunch of discombobulated people who have no clue. South Korea achieved almost an economic miracle, because it focused on education. Even if we do not adopt an education strategy as extreme as that of South Korea, we need to up our educational game. From being a society plagued with mass illiteracy, South Korea has a literacy rate of about 97.9% today, as opposed to 22% in 1945. It now has a strong economy with brands like Samsung, Daewoo, Hyundai and LG. In Nigeria, we have about a 50% literacy rate. We need to do better. The Ghanian literacy rate is over 70%. Some years ago, we visited Ghana. I was impressed with the way the driver that drove us around was able to discuss politics so knowledgeably. One could tell that in Ghana, they vote based on knowledge and conviction, not like our people who sell their votes for rice and groundnut oil.

4/LAW REPORT

11.04.2017

Successful Plea of Self Defence under the Penal Code

O Facts

n or about 23rd May 2009, at the High Level Area in Makurdi, a certain Aondogusha Abunka (deceased) and the Appellant (who was 16 years and 6 months old) were embroiled in an argument, which subsequently degenerated into a fight in a carpentry workshop. While the fight was on, the Appellant took a knife from the carpenter’s workshop and stabbed the deceased on the left side of his chest. He was taken to the hospital where he later died. The Appellant was arraigned at the High Court of Benue State, Makurdi, on a charge of culpable homicide punishable with death. He pleaded not guilty. He admitted killing the deceased, but he put up a defence of self-defence. The trial Court held that the prosecution proved the case of culpable homicide against the Appellant beyond reasonable doubt, but was unable to hold that his intention was to kill the deceased. The trial Court found him guilty of the offence of culpable homicide not punishable with death, and sentenced him to prison for a term of ten (10) years. Dissatisfied with the judgement of the trial Court, the Appellant unsuccessfully appealed to the Court of Appeal. Still dissatisfied with the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court. Issues for Determination At the Supreme Court, the Appellant formulated five issues for determination of the Court, to wit: “i. Whether the Court below was right when in its judgment it held that the defence of self-defence is not a complete defence or answer to an offence of culpable homicide punishable with death or not punishable with death under the Penal Code Cap 124, Law of Benue State, 2004? ii. Whether the Court below was right in affirming the decision of the trial Court that the Respondent proved beyond reasonable doubt a case of culpable homicide against the Appellant when the trial Court made a finding of fact that the defence of self-defence availed the Appellant who had no intention to kill he deceased? iii. Whether the Court below in its judgement adequately appreciated, considered and or decided on all issues properly raised and canvassed before it by the Appellant in arriving at its decision? iv. Whether the Court below was right when it held that the trial Court had wrongly exercised its discretion in sentencing the Appellant to 10 years imprisonment without option of fine, having regards for the facts and circumstances of the case on appeal? v. Whether the Court below was right when it held in its judgement that the Respondent’s Brief of Argument was not an incompetent process in law and thereby dismissing the appeal on the issue? The Respondent formulated only one issue for determination, which is: “Whether the Court below was right by affirming and upholding the conviction and sentence passed by the trial Court on the Appellant for the offence of Culpable Homicide not punishable with death contrary to Section 225 of the Penal Code Cap.124, Laws of Benue State, 2004.” The Supreme Court stated that the crux of the issue in the appeal was whether the defence of self-defence is a complete defence or not. Arguments In arguing the appeal, Counsel for the Appellant submitted that the Court of Appeal was in grave error when it affirmed the decision of the trial Court, which held that the defence of self-defence availed the Appellant, but convicted him for culpable homicide not punishable with death and sentenced him to ten (10) years imprisonment. He stated that the decision is a misconception of the defence of self- defence under the Penal Code Law applicable in Benue State and an erroneous application of the law. Counsel for the Appellant further submitted that by holding that the defence of self-defence avails the Appellant and that the prosecution proved its case beyond reasonable doubt, the court pronounced the Appellant guilty and innocent at the same time. He referred the Court to the provisions of the Penal Code Law dealing with criminal responsibility – Sections 43 to 67 – and submitted that self-defence availed the Appellant and by Section 59 thereof, the irresistible

Amina Adamu Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 17th day of February, 2017 Before Their Lordships Olabode Rhodes Vivour Clara Bata Ogunbiyi Amiru Sanusi Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC. 450/2014 Between Peter Ogbu.............. Appellant And The State .............Respondent Lead Judgement delivered by Honourable Amina Adamu Augie, JSC

"SELF-DEFENCE IS A COMPLETE DEFENCE UNDER THE CRIMINAL CODE AND THE PENAL CODE, AND A SUCCESSFUL DEFENCE OF SELF-DEFENCE, LEADS TO THE DISCHARGE AND ACQUITTAL OF THE ACCUSED. WHERE A PERSON KILLS ANOTHER IN DEFENCE OF HIMSELF, SUCH A KILLING IS EXCUSED, AND IT DOES NOT AMOUNT TO MANSLAUGHTER UNDER THE CRIMINAL CODE OR CULPABLE HOMICIDE NOT PUNISHABLE WITH DEATH UNDER THE PENAL CODE"

conclusion is that his act in defence of himself is not an offence so as to be punished for the act. Counsel submitted that since the Appellant did not commit an offence under Section 59 of the Penal Code, his case is not an offence under Section 33(2)(a) of the 1999 Constitution and he shall not be held guilty of a criminal offence under Section 36(8) of the Constitution. He relied on the cases of THE STATE v DR. MURTARI KURA (1975) 5 UILR and AMEH v THE STATE (1978) NSCC 373 where the Supreme Court dealt with this issue and arrived at different conclusion from the position of the Courts below. Counsel for the Respondent on the other hand, argued that the Court of Appeal was right to have affirmed and upheld the conviction and sentence of the Appellant by the trial Court. Counsel contended that under the Penal Code, the defence of self- defence is not a complete answer to a charge of culpable homicide punishable with death. He argued that all the cases cited by the Appellant were based on the Criminal Code and therefore, inapplicable in this case. Counsel for the Respondent argued further that the heavy weather made of the provisions of the Penal Code by the Appellant, merely amounts to an academic voyage aimed at wasting the time of the Court. He stated that under the Penal Code, the defence of self-defence only ameliorates the Appellant’s punishment, it does not exonerate him. He cited the cases of SULE v STATE (2009) 38 NSCQR (PT. II) 1069 and ABARA v STATE (1981) 2 NCR 110 in support of his case. In the Reply brief, the Appellant argued that the true interpretation of law and reliance placed on a defence of self-defence cannot amount to an academic voyage aimed at wasting the time of the Court. Court’s Judgement and Rationale A citizen has a right to defend his person, family and property against unwarranted aggression, trespass or threat. This right is guaranteed to all citizens of Nigeria by Section 33(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The guiding principles are necessity and proportion. The force used must have been necessary and it must have been reasonable. The limits within which section 33(2) of the Constitution operates are set out in the Criminal and Penal Codes. Section 59 of the Penal Code provides that nothing is an offence which is done in the lawful exercise of the right to private defence. Section 32(3) of the Criminal Code also provides that a person is not criminally liable for an act, when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him or to another person in his presence. Relying on the authorities of UWAEKWEGHINYA v STATE (2005) 9 NWLR (PT. 930) 27 and KWAGHSHIR & ANOR. v THE STATE (1995) 3 NWLR (PT. 386) 651 SC, the Supreme Court concluded that the effect of a successful plea of self-defence is the same under the Penal Code and the Criminal Code. A successful plea of self-defence negates the existence of an offence; so that where a person kills another in defence of himself, such killing is excused, and it does not amount to Manslaughter under the Criminal Code or Culpable Homicide not punishable with death under the Penal Code. The defence of self-defence is a complete defence under the Criminal Code and the Penal Code and a successful defence of self-defence leads to the discharge and acquittal of the Accused person. The simple moral idea, incorporated in all legal systems, including Nigerian criminal law, is that no one should be convicted of a crime, unless some measure of subjective fault can be attributed to him. Based on the foregoing position of law, Their Lordships held that the Court of Appeal misconceived the law applicable to the defence of self-defence, when it held that the defence merely ameliorates but does not completely exonerate the guilt of the Appellant. The Apex Court found the Appellant not guilty, acquitted and discharged him. Appeal Allowed. Representation: Miss E.N. Tinosha with O.F. Eche, Esq. for the Appellant Mrs. B.E.T. Surma (PSC II, Ministry of Justice, Benue State) for the Respondent Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

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NEWS/5

Group Faults Appointment of Judges to Lagos Bench

L-R: Head of Family Courts, Justice Yetunde Idowu, Chairman, Judiciary Committee, Lagos State House of Assembly, Hon. Funmilayo Tejuoso, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, Lagos State Chief Judge, Hon. Justice Funmilayo Atilade and Lagos State Deputy Governor, Dr. Idiat Adebule at the National Conference of Family Court Judges and Magistrate, last Thursday

Judges, Magistrates Brainstorm on Role of Family Courts in Justice Administration Stories by Akinwale Akintunde

Judges and Magistrates of the Family Courts across the country gathered in Lagos last week, to critically appraise the impact and role of family courts in the administration of justice in Nigeria. The event tagged 'National Conference of Family Court Judges and Magistrates', was organised by the Lagos State Judiciary in partnership with UNICEF. The 3-day inaugural conference held at Golden Tulip Hotel, FESTAC Town, with the theme 'A Critical Appraisal of the Impact and Role of Family Courts in the Administration of Justice in Nigeria' was declared open by Lagos State Governor, Akinwunmi Ambode, who observed that Incidences of divorce and judicial separation, has rendered not less than ten million Nigerian children homeless and exposed to various social vices. The Governor who was represented by his deputy, Dr. Idiat Adebule, challenged participants at the conference to look at the provisions of the Matrimonial Causes Act and align it with that of the Child Rights Law, while adjudicating on cases bordering on divorce and judicial separation. He said that this has become necessary, because cases of

divorce and judicial separation are impacting negatively on the children and may expose them to abuse and neglect which may hinder their effective development in the society. While decrying the rise in domestic and sexual violence against children, Ambode charged the conference to examine the trend with provisions of the law and proffer solutions that would ameliorate the situation. “Our administration strongly believes in the Child Rights Law and its provisions because as parents and custodians, we have an inalienable responsibility to ensure that no child is unduly deprived of the basic necessities of life, including the right to a family name, love, education, shelter and healthcare”, he said. In her welcome address, Lagos State Chief Judge, Justice Olufunmilayo Atilade, also decried the increasing spate of child molestation, juvenile delinquency, pedophilia, rape and domestic violence in the Nigerian society, in spite of sustained advocacy and relevant legislations that are aimed at curtailing the occurrence of the vice and related crimes. Atilade said that the concern of the judiciary for the sanctity of the family institution is informed by the need to further preserve and ensure the protection of its members, especially women and children, through appropriate legal framework and incisive

judicial process at high courts and magisterial levels. According to the Chief Judge, this ugly development informed the need for the conference and choice of the theme, which she contended is critical and germane to addressing issues confronting the family and the larger society. She stressed the need for participants at the conference to jointly undertake a review of the extant rules, legislations and judicial process, with a view to proffering practical solutions and chart a new course for family matters in line with global best practice. The State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, in his remarks also condemned domestic and sexual violence and child abuse, and urged the Domestic and Sexual Violence Response Team (DSVRT) not to relent in the task of ridding the society of the vice. “We must send a message to those who abuse our women and children, that Lagos State Government has zero tolerance for such perpetrators", he added. Kazeem charged participants at the conference to focus on asset distribution between estranged husband and wife in divorce and judicial separation cases, in a way that would be beneficial to the children to

preserve family values. In a keynote address, Head of the Family Court, Lagos High Court, Justice Yetunde Idowu decried that, in spite of the achievement recorded in the State on child rights and protection of family values, there are still cases of children hawking and begging on the streets of major cities, when they should be in schools. Justice Idowu said the State Government has set up special courts, policies and programmes to cater for and protect children in need of care and protection. “It is now a crime in our state to abuse and violently punish children. Laws have been created to address domestic violence, child labour, mental and sexual abuse, child abduction and trafficking, betrothals and marriage of children, and calling and labeling a child a witch or wizard”, she said. Other topics deliberated upon at the conference include, The Role of Government in the Family Justice System: the Future and Challenges Confronting the System in Nigeria, Child Marriage and the Need to Adopt the Child Rights’ Act 2003, The Need for Professionalism in Social Work in Nigeria, Protecting Children and Vulnerable in the Family Court and Crimes of Passion: Homicide, Domestic Violence and Rape.

A human rights group, Access to Justice, has faulted the recent appointment of three new judges to the Lagos State Bench, saying that the appointment process failed to comply with the National Judicial Council (NJC) Guidelines of 2014, for the appointment of judicial officers. Access to Justice disclosed this in Lagos last Tuesday, at a press briefing addressed by its Executive Director, Mr. Joseph Oteh and the Deputy Director, Dr. Adenike Aiyedun. It would be recalled that three judges, Justice Idowu Alakija (former Director of Public Prosecution, Lagos State Ministry of Justice), Justice Emmanuel Ogundare (former Chief Registrar, Lagos State High Court) and Justice Serifat Solebo (former Deputy Chief Registrar, Lagos High Court) respectively, were on March 8, 2017 sworn in by Lagos State Governor, Akinwunmi Ambode. The group stated that while it has nothing against the newly sworn in judges or against their individual merit, it has strong concerns about their appointment process. According to the human rights group, its fact-finding inquiry revealed that the procedure adopted by the Lagos State Judicial Service Commission fell short of the mandatory standards, and failed substantially to follow the NJC judicial appointment guidelines of 2014. "While Access to Justice has nothing against the newly sworn in judges or against their individual merit, we however, have strong concerns about whether the Lagos State Judicial Service Commission fully or even substantially, complied with the National Judicial Council Guidelines and Procedural Rules for the appointment of Judicial Officers of all Superior courts in Nigeria. "After a fact-finding inquiry, Access to Justice has reached the conclusion that the procedures adopted by the Lagos State Judicial Service Commission fell short of the mandatory standards, and did not substantially follow the NJCJudicial Appointment Guidelines of 2014.

"Access to Justice conducted interviews with officials of the Nigerian Bar Association (NBA) in the Ikeja, Lagos Island, Ikorodu and Badagry branches, as well as staff of the High Court. Our findings revealed that the appointments of the new High Court judges in Lagos State, were not conducted in accordance with the provisions of NJC Guidelines", it stated. According to Access to Justice, the Lagos State Chief Judge/Judicial Service Commission of Lagos State saddled with the responsibility of complying with the guidelines, failed to adhere to the procedures by not publicising the available vacancies, prior to the appointment of the new judges. "Related to this, we did not find evidence that there was a letter written to the Chairmen of every Branch of the NBA in the State, for the nomination of suitable candidates. "The Lagos State Judiciary also failed to send a provisional list of applicants and nominees to the respective NBA branches for comments. Although at the Ikorodu branch of the NBA, we confirmed that a shortlist of nominees was sent with requests for comments and suggestions on the suitability and eligibility of the candidates. This was however, done a week before the judges were officially appointed suggesting that the notification was merely a formality and could not have altered the outcome", Access to Justice stated. The group therefore called on National Judicial Council, NJC, to investigate their claims that the council guidelines were flouted in the recruitment process, while insisting on the observance of due diligence in future judicial appointments at both state and federal levels. Access to Justice also expressed concerns for continuous wilful disregard of the rule of law by the Federal Government. Particularly, the group condemned the continued detention of the leader of the Islamic Movement, Ibrahim El-Zakzaky and his wife, who were arrested since December, 2015.

Winning War Against Corruption, Lawyers Must Support the Fight - LASU VC The Vice Chancellor of Lagos State University (LASU), Professor Olanrewaju Fagbohun, has urged lawyers to support all relevant agencies and stakeholders, especially the court to wage war against corruption. Fagbohun, a Professor of Law, made this call last Tuesday in a lecture he delivered at the Asiwaju Babatunde Olusola Benson, (SAN) annual public lecture titled, "Combating Corruption in a Recession: The Transformative Role of the Bar and the Bench".

The annual lecture, 11th in the series, was organised as part of the activities marking the Nigerian Bar Association (NBA) Ikorodu Law Week. The Law Week is a week set aside by the branches of the NBA across the country, to celebrate the legal profession. Fagbohun said to win the war against corruption, every lawyer must support all rules that would make the courts succeed in fighting corruption. He noted that the crisis of corruption would continue to eat deep into the system, as

long as the bench and the bar continue to shy away from their responsibilities to the society. The erudite Professor enjoined legal practitioners to embrace global best practices to fight the negative impact of corruption in the country, adding that the Judiciary should continue to uphold the tenets of equity and fairness, by dispensing justice without fear or favour. "If the bench and the bar are indeed responsive, they can effectively serve to keep

corrupt activities, particularly as it concerns public officers and public institutions, in check", he stated. Fagbohun lamented public dissatisfaction with the country's judicial system, unlike the situation in developed jurisdictions where courts are among the trusted government institutions. According to him, aside from the challenge of delayed justice, the judiciary is enmeshed in controversies of corruption involving both the bar and the bench.

He admonished the bar and the bench to exhibit preference for an efficient judiciary, if the status quo is not to persist. In her opening remarks, Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade, urged members of the legal profession to fully support the fight against corruption. The Chief Judge who was represented by Justice Oke Lawal said, "everybody should play a part in fighting corruption, so that we can make Nigeria a noble country. This way, Nigeria can take her

pride of place in the comity of nations". In his brief intervention, Justice Lateef Lawal-Akapo also aligned himself with the Chief Judge by advising lawyers to stop interfering in the work of the bench. Earlier In his welcome address, the Chairman, NBA Ikorodu, Mr. Levi Adikwaone, in setting the tone for the discourse, lamented that corruption has become endemic in the country and urged lawyers to play their role in stemming the trend.

11.04.2017

Justice Adejumo Advocates Improved Welfare for Employees at P&G Seminar Jude Igbanoi

The President of the National Industrial Court, Hon Justice Babatunde Adejumo, has stressed the need for employers to provide a better working environment and welfare packages for the their employers. Adejumo, who was the Chairman at the Annual lecture of Perchstone & Graeys law firm in Lagos last Friday, said in his opening remarks that the NIC has of recent been inundated with litigious cases of ill-treatment of workers by employers, inhumane welfare packages, sexual harassment in workplaces and insecurity of jobs. The seminar organised by the law firm as one of its corporate social responsibilities had as theme ‘The Changing Face of Nigerian Labour

L-R: Chief A.O Eghobamien, SAN, Mr. Osaro Eghobamien, SAN and Justice Obaseki-Osaghae at the P&G Seminar last Friday Photo: KOLAWOLE ALLI

Court of Appeal Upholds the Jurisdiction of the Tax Appeal Tribunal to Determine Tax Disputes Jude Igbanoi On March 10, 2017, the Court of Appeal in Appeal Nos CA/L/1144/2015 and CA/L/1145/2015 - CNOOC Exploration & Production Nigeria Ltd. & Anor v Nigerian National Petroleum Corporation & Anor upheld the jurisdiction of the Tax Appeal Tribunal (TAT) to determine tax disputes. The appeals arose from disputes over petroleum profits tax and tertiary education tax assessments issued to the Appellants by FIRS. In the course of resolving the tax disputes between the Appellants and FIRS, the Tax Appeal Tribunal (TAT) made orders joining NNPC as a party. At the TAT, NNPC objected to the orders joining it as a party, and also challenged the jurisdiction of the TAT to hear the disputes on the ground that the subject-matter of the

dispute was within the exclusive jurisdiction of the Federal High Court. The TAT however, ruled that it had jurisdiction to determine the disputes, but struck out NNPC as a party. NNPC then appealed against the rulings of the TAT striking it out as a party, contending inter alia that, the TAT did not have jurisdiction to determine tax matters, as such matters were within the exclusive jurisdiction of the Federal High Court. The Federal High Court agreed with NNPC’s arguments and held that the TAT lacked the jurisdiction to hear and determine tax disputes in view of Section 251(1) of the 1999 Constitution (as amended). Dissatisfied with the judgement of the Federal High Court, the Appellants further appealed to the Court of Appeal. At the Court of Appeal, the Appellants represented by Adedapo Tunde-

Olowu, FCIArb, FCTI and his team from LEX Law Firm, argued that the TAT’s jurisdiction to determine tax disputes did not encroach upon the exclusive jurisdiction of the Federal High Court as conferred on it by section 251(1)(a) and (b) of the 1999 Constitution (as amended). The Appellants explained that institution of tax appeals at the TAT before approaching the Federal High Court, was merely a condition precedent to approaching the Federal High Court, and that in any event, the decisions of the TAT could be reviewed and quashed by the Federal High Court upon an application for judicial review or appeal to that Court. The Court of Appeal agreed with the Appellants’ arguments and held that the TAT has jurisdiction to adjudicate over tax related disputes.

Law Jurisprudence Vis-à-vis the Realities of a Developing Economy'. The Lead Speaker, Hon Justice (Dr.) B.B. Kanyip of the National Industrial Court, led the discussion with his paper on “The Changing Face of Nigerian Labour Law Jurisprudence and What Employers of Labour Need to Know.” Other panelists include Professor Chioma Agomo of the University of Lagos, Mr. Yinka Sanni, MD/ CEO of StanbicIBTC Bank, Mr. Dennis Zulu, Director, International Labour Organisation Office for Nigeria, Ghana, Liberia and Sierra Leone, Mr. Olusegun Oshinowo, Director General, NECA and Mr. Folabi Kuti of Perchstone & Graeys. Professor Chioma Agomo expressed concern over the rising incidents of sexual harassment in Nigeria’s workplaces, and the seeming incapacitation of the law to address the issue. Having worked closely with the NIC since its inception in 1992 as a facilitator of many of the court’s programs, she admonished men, especially employers of labour, to be aware of the grave consequences of their acts, and that female employees should not feel shy or intimidated to report all such acts against their persons to the right authorities for prompt criminal action. The seminar also addressed the vexed issue of gender discrimination in work places and the regulation of female workers' reproductive rights, liabilities of the employer in employee compensation, employers and intellectual property on patents, ADR in labour matters, statutory and legal provisions on termination, dismissal and pensions.

Legal Personality of the Week Adeyinka Moyosore Kotoye

‘Law is the Best Profession in the World’ whether I lose or I win. It does not matter. I just enjoy the ambiance of the Court room. I gives me some form of motivation. There is always something new to learn and take away.

My name is Adeyinka Moyosore Kotoye. I attended the University of Ibadan and was called to the Nigerian Bar in 1998. I served in the firm of Afe Babalola, SAN & Co. In February, 1999, I started working in the firm of Chief G.O.K Ajayi, SAN & Co. In August, 2000, I joined Libra Law Office, where I worked under the tutelage of Mrs. Hairat A. Balogun. I was there till January 2009, when I started Pisces and Gemini Law Office (P.A.G.E) in Ikeja. I have been a Partner in the office since then. I am Married with three wonderful sons.

Who has been most influential in your life? My Mother and Bishop David Oyedepo. While I was growing up they had a very huge influence on me, but lately, my Wife.

Have you had any challenges in your career as a lawyer and if so, what were the main challenges? There have been several challenging situations but I don't look at them in that perspective. I don't consider them as challenges at all. I take them in my stride. Life itself, is full of challenges. What was your worst day as a lawyer? I have never had any "worst day" as a Lawyer. I have been in active litigation right from the day I was called to the Bar. I think I was called on a Thursday. I started going to court the following Monday with Mr. Hakeem Afolabi, SAN, one of the greatest legal minds that I have ever come across. Therefore, for me, the Court room is a natural habitat, my fortress. Without sounding immodest, advocacy is second nature. The only punishment you could administer to me as a young counsel, was to take me out of the court, and nevertheless,

Adeyinka Moyosore Kotoye

I would still find a way to go back and watch the proceedings. What was your most memorable experience? I got initiated into high level litigation when I filed the Petition on behalf of Chief Olu Falae in 1999. I was working with the Late Chief G.O.K. Ajayi, SAN at that time. Since then, every day in court has been very memorable,

Why did you become a lawyer? My decision to become a Lawyer dates back to 1979 during the campaign for that year's general election. I got inspired by the picture of the late sage Chief Obafemi Awolowo, SAN, which I saw on a poster somewhere within our neighbourhood. Of course, you dared not bring the picture to the house, because almost the entire household were members of the defunct National Party of Nigeria (NPN). Between ages 15- 18, I read nearly all Chief Awolowo's books, to wit: "My March through Prison", "Thoughts on the Nigerian Constitution" etc. Also within the same period, I started reading Autobiographies of people like Chief Ernest Shonekan, GCFR, Late Abel Ubeku, late Adeyemi Lawson, Ayo Rosiji and I thought I could model my career along that path before I stumbled on litigation in Chief Afe Babalola's office. What would your advice be to anyone wanting a career in law? Its the best profession in the world.

If you had not become a lawyer, what would you have chosen? Nothing. I never had a second choice. It was so bad that while filling my application forms for HSC at the Federal School of Arts and Science (FSS), Victoria Island, Federal Government College, Ijanikin and Ogun State Polytechnic, Abeokuta, I wrote "Law" in all the columns meant for subjects. The head of those institutions then had to call my father at different times, to make inquiries on the motive for my obsession with Law. It was the same situation while filing my JAMB forms. First choice was "Law". Second choice was "Law". Where do you see yourself in ten years? Certainly not where I am at the moment. I am too restless to be static or stagnant. The office has just ventured into publishing. There has been a public presentation of our two flagship products, titled " Appeal Cases of Nigeria" which is going to be a monthly law reporting journal in the mode of the London Law Times Journal and "Practice Digest for Legal Practitioners" which is also going to take the form of the old Empire Digest. They are in both hard and soft copies. The public presentation was on the 10th of August, 2016 at the Bar Centre, NBA Ikaja branch which is situated inside the High Court complex beside Archbishop Vininng Memorial Church, GRA, Ikeja. This is our focus at the moment. Deo Volenti, other things may be added in the future.

11.04.2017

Casualties of “Petro-Naira Warfare”: Free Niger Delta from Pollution Alali Tamuno, in commemoration of World Water Day, March 22nd, 2017, condemns the pollution and contamination of Ogoniland and the Niger Delta, consequent upon decades-old oil and gas exploration, production and related activities, resulting in unsafe water, amongst other ills. She demands that Government lives up to its responsibilities, by embarking on an immediate clean up of all the polluted areas, to avoid environment pollution deaths and further degradation of the areas African Charter into Nigerian law by means of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 LFN 2004.

A Polluted environment is a deadly one- particularly for young children -Margaret Chan, WHO Director-General

ccording to the World Health Organisation (“WHO”) in recently released report(s) on children's health and the environment dated March 2017 “[e]very year, environmental risks-such as indoor and outdoor air pollution, second-hand smoke, unsafe water, lack of sanitation, and inadequate hygiene-take the lives of 1.7 million children under five years” (WHO, 2017). March 22nd, 2017: World Water Day World Water Day provides an opportunity for this writer to again highlight the severely polluted environment in the Niger Delta Region of Nigeria (“Niger Delta”), implore the Nigerian Government to immediately commence the cleanup of Ogoniland, Rivers State (“Ogoniland”), and identify, evaluate, and clean up other polluted areas in the Niger Delta, in order to prevent “environment-pollution” deaths in the Niger Delta. Events marking World Water Day, observed annually on the 22nd day of March, highlight the value of freshwater and promote sustainability in freshwater resources management (UN-Water, 2014). The focus of 2017 World Water Day was “Wastewater.” Decades-old oil and gas exploration, production, and related activities conducted in the Niger Delta, have caused severe damage to the environment in the Niger Delta, particularly in Ogoniland and other parts of Rivers State. Ogoniland, Nisisioken Ogale Community in particular, is used as a reference point for other communities in the Niger Delta that have a severely polluted environment. It is not unreasonable to suggest that the environment in the Niger Delta is affected by wastewater discharges from oil and gas exploration, production and associated activities. Petro-Naira Warfare & Environmental Prisoners It is not hyperbole when this writer says that the men, women, and children in the Niger Delta, particularly in Rivers State, are being held “hostage” by a polluted environment, their homes, businesses, livelihoods and communities are under “siege” to a polluted environment, they are “collateral damage” of “Petro-Naira Warfare” and “Environmental Prisoners”. This writer considers “Petro-Naira Warfare” to be environment-ravaging oil and gas exploration, production, and related activities under government licence and illegal artisanal crude oil refining in the Niger Delta. Building upon the term “Environmental Refugee”, this writer proposes and defines a new term “Environmental Prisoner” as a person whose quality of life, wellbeing, life expectancy, livelihood, and ability to freely move around is cur- tailed, disrupted, or threatened by severe environmental pollution (Tamuno, 2017). Wastewater: A Global Concern Why is wastewater a global concern? In a very broad sense, wastewater is used water from domestic, commercial, industrial, or agricultural activities or processes and is a concern because untreated wastewater, can negatively impact water quality. Target 6.3 of the International Sustainable De- velopment Goal (SDG) 6 (ensure availability and sustainable management of water and sanitation for all) sets a goal: “[by] 2030, [to] improve water quality by reducing pollution, eliminating dumping and minimising the release of hazardous chemicals and materials, halving the proportion of untreated wastewater and

Conclusion: I conclude by imploring:

substantially increasing recycling and safe reuse globally” (UNDP, 2017). Contamination of Ogoniland Support for this writer’s assertion that the people in the Niger Delta are En- vironmental Prisoners may be found in conclusions and key findings pre- sented in the United Nations Environment Programme/UN-environment (“UNEP”) Ogoniland Environmental Assessment Report released in August 2011 (the “Ogoniland Report”). Two findings that succinctly encapsulate the life-threatening conditions in Ogoniland are: UNEP’s field observations and scientific investigations found that contamination in Ogoniland is widespread and severely impacting many components of the environment. Even though the oil industry is no longer active in Ogoniland, oil spills continue to occur with alarming regularity. The Ogoni people live with this pollution everyday (UNEP, 2011). Since average life expectancy in Nigeria is less than 50 years, it is a fair assumption that most members in the current Ogoniland community have lived with chronic oil pollution throughout their lives (UNEP, 2011). Despite the Ogoniland Report and a June, 2016 announcement that the Federal Government of Nigeria has put in place funding and legal structures to commence the cleanup of Ogoniland, reportedly, to date the money for the Ogoniland cleanup has not been encumbered and the cleanup has not started. Equity & Justice for the Niger Delta Environmental Racism Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the people in the Niger Delta? How many people in the Niger Delta have to die from diseases caused by harmful substances in the environment, including benzene-induced cancers, before the Nigerian Government commences Ogoniland’s cleanup? This writer asserts that it is environmental racism that people in the Niger Delta are Environmental Prisoners. Water Injustice Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the water resources of the people of the Niger Delta? This writer asserts that it is Water Injustice that the people in the

Niger Delta have to continually cry “water, water everywhere but not a drop to drink” and the Nigerian Government fails to take any action to safeguard water resources in the Niger Delta. Water Justice for the people in the Niger Delta, requires the protection of water resources in the region from oil and gas exploration, production and associated activities that pollute water resources in the region threatening the social, economic and environmental rights of the Niger Delta people. Security & Welfare Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the Niger Delta people and their environment? Is the security and welfare of the Nigerian people as set forth in Section 14(2)(b) of the 1999 Nigerian Constitution (“Consti- tution”) no longer the primary purpose of the Nigerian Government?; Doesn’t Section 14(2)(b) of the Constitution apply to the people in the Niger Delta? (as I have previously opined, Section 14(2) (b) of the Constitu- tion should be read with an environmental component); doesn’t SDG 6 ex- tend to the people in the Niger Delta?; Is there a caveat in Section 41(1) of the Constitution limiting the Niger Delta people’s movement to a polluted environment?; Doesn't the right to the “best attainable state of physical and mental health” as set forth in Article 16 of the African Charter on Human and Peoples’ Rights adopted in 1981 (“African Charter”) also apply to the people in the Niger Delta?; Shouldn’t the people in the Niger Delta enjoy a right to a general satisfactory environment favourable to their development as set forth in Article 24 of the African Charter?; Shouldn’t the people in the Niger Delta demand a right to clean and safe water as provided in international law?; and Don’t the people in the Niger Delta have a right to life as set forth in Section 33(1) of the Constitution? (clean and safe water is an essential requirement for human wellbeing and life). The Nigerian Government is reminded that in 2010 the United Nations General Assembly affirmed a right to safe drinking water as a human right “that is essential for the full enjoyment of life and [other] human rights” (UNGA, 2010), and Nigeria is a party to the African Charter and has domesticated the

"THE NIGERIAN GOVERNMENT TO: BE REMINDED THAT YOUR PRIMARY RESPONSIBILITY IS TO PROTECT ALL NIGERIANS FROM ALL FORMS OF THREATS TO THEIR SAFETY AND WELFARE, INCLUDING ENVIRONMENTAL THREATS; IMMEDIATELY COMMENCE CLEANUP OF OGONILAND IN ACCORDANCE WITH THE RECOMMENDATIONS IN THE OGONILAND REPORT USING RELIABLE, INNOVATIVE, AND EFFECTIVE OIL-REMOVAL TECHNOLOGIES; IMMEDIATELY EVALUATE AND CLEANUP OF OTHER POLLUTED AREAS IN THE NIGER DELTA"

Protection of All Nigerians from Environmental Threats The Nigerian Government to: be reminded that your primary responsibility is to protect ALL Nigerians from all forms of threats to their safety and welfare, including environmental threats; immediately commence cleanup of Ogoniland in accordance with the recommendations in the Ogoniland Re- port using reliable, innovative, and effective oil-removal technologies; immediately evaluate and cleanup of other polluted areas in the Niger Delta, especially in Rivers State, as recontamination can occur if every polluted area is not remediated, particularly as it concerns groundwater contamination. These recommended first steps should be immediately taken so that the people in the Niger Delta can regain their freedom from the decades- old polluted environment. Demands The men, women and children from, and in, the Niger Delta, we also have a role to play to regain our freedom from the polluted environment in the Niger Delta, which has kept us Environmental Prisoner(s) for decades. We should: not, through our actions or inaction, contribute to pollution in the Niger Delta; take precautionary measures to prevent pollution of the environment in the Niger Delta from harmful chemicals; participate in environmental decision making processes with respect to our communities and in environmental enforcement; demand and obtain information on the environment in the Niger Delta from the government and companies that pollute the environment; require, and attend, public meetings/ hearings on the environment in our communities; seek and obtain technical assistance grants to hire experts to assist our communities to speak with one voice on environmental matters that affect us; require the enactment of comprehensive environmental laws, regulations, standards and guidance and the enforcement of such legal instruments; demand the establishment of a Toxic Release Inventory to obtain information about the release of toxic chemicals in our communities; require the establishment of an Oil Spill Fund in Nigeria to pay for the cleanup of all polluted sites in Nigeria-funding for such fund should come from oil companies and associated companies operating in Nigeria in the form of e.g. taxes, registration, and licence fees; demand the inclusion of citizen suit and environmental court provisions in environmental laws in Nigeria and seek redress in court for violations to the environment, a public resource; and speak with one voice demanding an end to environmental racism with respect to the Niger Delta and its people. High-level Nigerian Government Officials: be humbled by the enormous political power you are given, which requires more social responsibility from you; be aware that sustainable development is impossible in a polluted environment; and respond positively to the demands in the preceding paragraph. For ALL Nigerians and people of good will around the world, let us be guided by an indigenous American saying to “treat the earth well: it was not given to [us] by [our] parents, it was loaned to [us] by [our] children. We do not inherit the Earth from our Ancestors, we borrow it from our children.” Alali Tamuno, Esq., S.J.D Senior Attorney, Office of General Counsel, New York State Department of Environmental Conservation

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Mr. Dele Adesina, SAN PHOTOS: Kolawole Alli

‘Nigeria Needs State Police Now’ The Legal Profession in Nigeria is in dire need of reform, and the areas begging for attention are numerous. There are concerned Bar leaders, who have absolute confidence that the Nigerian Bar Association can do it. Pastor Dele Adesina, SAN has held several offices in the NBA, including General Secretary of the Association, 2002 to 2004. As he turns 60 tomorrow, he spoke with Onikepo Braithwaite and Jude Igbanoi on a wide range of professional and national issues, including the highly emotive issue of the establishment of State Police

earned Senior Advocate, there has been some controversy on whether Ibrahim Magu can continue as Acting Chairman of EFCC having been rejected twice by the Senate. What is your opinion on this matter? Do you believe that the rejection of Magu by the senate is justified? Is it lawful for Magu to still continue as the Acting Chairman of EFCC? Thank you very much. You seem to have asked a three barrelled question rolled into one. In my humble opinion, I think the issue of Mr. Magu has been over-flogged. This issue has been in the public discourse for a long time that I think we should get to an end of it and get the nation to move forward. For me, the most expensive thing in life is time,

and I think as a Nation, we are spending too much time on this issue. Having said that, it is not correct to say that Mr. Magu was rejected twice by the Senate. As far as I am concerned, he has been screened only once. The first time he appeared before the Senate, he was not screened having regard to the provisions of the Constitution and the practice of the Senate in that behalf. Screening is done at the plenary; questions are thrown to the nominee of the President and answers are elicited in an interactive session. To the best of my knowledge that has been done with Mr. Magu only once. As to whether the rejection was justified or not, my subjective justification or otherwise, I think is of no moment. What is relevant is whether the Senate has the power to reject or not, and the consequences of such decision. Without any hesitation, I wish to say that the Senate has the power to screen

"I BELIEVE HE HAS A RIGHT TO RE-SUBMIT HIS NAME TO THE SENATE IN FURTHERANCE OF THE PRESIDENT’S CONVICTION THAT MR. IBRAHIM MAGU IS THE RIGHT PERSON FOR THE JOB...THE OTHER OPTION IS FOR MR. PRESIDENT TO SAY IF THE SENATE HAS SAID NO, THEN I SHALL SEND A REPLACEMENT. I DO NOT SUBSCRIBE TO THE ARGUMENT THAT HE CAN REMAIN IN AN ACTING CAPACITY AD-INFINITUM"

Mr. Magu for the appointment and even the appointment of other members of the Board of the Commission except the exofficio members under Section 2(3) of the Economic and Financial Crimes Commission Establishment Act. It has been argued that the appointment of the Executive Chairman of the Commission does not require Senate’s confirmation, having regard to Section 171(1) of the Constitution. The proponents of this argument, contend that the office falls within the definition of extra ministerial department of the Government which does not require Senate confirmation under Section 171(1)(d) of the Constitution. I do not agree with this proposition because the extant provisions of the Act establishing the Commission in Section 2(3), made confirmation by the Senate a condition precedent to such appointment. I cannot find anywhere in Section 171(1)(d) of the Constitution where confirmation was

11.04.2017 "...ASKING THE COMPTROLLER GENERAL WHO IS AN OFFICER OF THE CUSTOMS, GOING BY THE OFFICE AND RANK AS SEPARATE AND DISTINCT FROM THE SUPERVISORY MINISTER UNDER SECTION 5 OF THE CUSTOMS AND EXCISE ACT, IT IS NOT OUT OF POINT TO ASK HIM TO DRESS PROPERLY AND PROPER DRESSING HERE, CONNOTES WEARING THE CUSTOMS UNIFORM" expressly legislated against. I submit that there is no conflict between the Constitution and the Statute establishing the Commission on this point. Consequently, I want to say that Senate confirmation is a condition precedent to a valid appointment of the Chairman by the President. What then is the consequence of the Senate’s rejection, which I said earlier has been only once. I submit that there are two options available to the appointing authority i.e. the President. I believe he has a right to re-submit his name to the Senate in furtherance of the President’s conviction that Mr. Ibrahim Magu is the right person for the job. In doing so however, Mr. President must deploy the weight of his office to lobby the Senate to achieve his purpose. Lobby is an essential ingredient in a democracy. Democracy thrives in an atmosphere of consultations, dialogues, persuasions and compromises. I think it was Obama, former President of the United States of America that said that democracy can be complicated, nevertheless, it is better than the alternative. As complex as it is, there is no better alternative form of Government to it. I checked my advanced learner’s dictionary and the word complex was defined as “having many parts connected together in a particular pattern”. The emphasis here is that democracy has many parts and what oils democracy to make the complicated system work is what I have stated above. The other option is for Mr. President to say if the Senate has said no, then I shall send a replacement. I do not subscribe to the argument that he can remain in an acting capacity ad-infinitum. To do that in my humble opinion, is to subvert the letter and the spirit of the Constitution. Like the Holy Bible, the letter killeth, it is the spirit that giveth life. So also is a Nation’s constitution. The spirit behind confirmation or otherwise by the Senate, is not to render the responsibility to confirm irrelevant, meaningless or of no consequence and I think this is what the Senate is trying to prove by refusing the screening of the 27 nominated INEC commissioners until the Presidency takes a stand on the matter. The Supreme Court has said unequivocally, that the 3 arms of Government i.e. the Legislature, Executive and the Judiciary, must dance to the music and chorus that the Constitution beats and sings, whether the melody sounds good or bad. Some have argued that the Frivolous Petitions Prohibition Bill 2015 is an attempt by the Senate to encroach on Freedom of Expression which is enshrined in Section 39(1) of the 1999 Constitution. Do you agree? I agree with that position with all emphasis. The right to freedom of expression is a fundamental right stated in Section 39(1) of the Constitution and as I have always said, the Constitution is the supreme law. In other words, the provisions of the Constitution are supreme. There are several authorities of the Supreme Court to the effect that the Constitution of the Federal Republic of Nigeria 1999, is the barometer for measuring the validity of any other law in Nigeria. No statute, no matter how well intentioned, can derogate from or curtail a right or power that the constitution has donated. The rights of the citizens of this Country both those who

COVER/9 are on the right side of the law, and those who are reasonably suspected of being on the wrong side of the law, must be protected and defended. This is because those rights, including the freedom of expression, are inalienable and immutable. I believe that if this bill is eventually passed it will not survive the test of validity, because it will be clearly inconsistent with the provisions of Section 39(1) of the Constitution and of course, any law that is inconsistent with the provisions of the Constitution shall in the words of section 1 (3) to the extent of its inconsistency, be void. However, we must realise that your right stops where my own begins. As much as you have a Constitutional right of expression and freedom of the press to write anything, it must be realised that I have a right to my dignity, to my reputation. I have a right not to be slandered or libelled and where you exceed your right, I have the law of libel to fall back on to protect my dignity and reputation. This right exists against anyone who in the process of pursuing his freedom of expression, goes beyond the limit. The right to protection is available to every person, whether in private or in public, who believes that his character has been defamed. I understand that Chief Obafemi Awolowo used to say that he never lost a libel suit. Everyone needs to recognise that reputation is all that counts for a man. Reputation is what people think, their perception and not necessarily what they can prove. Therefore, if you know that your utterances or your writings can destroy the reputation of another, it makes sense not to make them. Do you think that the Senate has acted within its rights and mandate to insist that the Comptroller General of the Nigerian Customs Service wears customs uniform? Does the Senate have the power to summon Professor Sagay SAN because of his unfavourable comments about the Senate? Does the Senate have the powers to summon any and every Nigerian citizen before it, as it is presently doing? Many are saying that some of these actions by the Senate are ultra-vires. I have followed the controversy surrounding the uniform saga with keen interest. It thus, appears to me that both the Senate and members of the public have left the substance to chase shadows. The reason behind the Senate’s summoning the

Comptroller General cannot be faulted. The very obnoxious policy did not only anger the Senate, and justifiably so, as the elected representatives of the people, but the policy also angered the members of the public. Even in law, retrospective legislation is not allowed. Secondly, in law you cannot hold someone vicariously liable for a crime committed by another. These are settled principles of law. Be that as it may, in my own humble opinion, asking the Comptroller General who is an officer of the customs going by the office and rank as separate and distinct from the supervisory Minister under Section 5 of the Customs and Excise Act, it is not out of point to ask him to dress properly and proper dressing here, connotes wearing the customs uniform. If the rank of the Comptroller General is established by the law, either the substantive law or even a subsidiary legislation under it just like Comptrollers, Deputy Comptrollers, Assistant Comptrollers and others and these other ranks wear uniform, then the Comptroller General too, must be like them. That does not in any way derogate from the honour of being a retired Army Colonel. With regard to Professor Sagay’s invitation to the Senate over his remarks on the Senate, I have a strong doubt if the Senate has the Constitutional powers to do so having regard to the reasons for the invitation. Mind you, I am not saying the Senate does not have the power to summon any citizen including Professor Itse Sagay, SAN in the exercise of its limited powers under Sections 88 and 89 of the Constitution. It must be stated however, that the power donated by these two Sections of the Constitution are not at large. They are limited only for the purposes stated in those sections. To the best of my knowledge, there is no bill before the Senate on this subject matter. Secondly, Professor Sagay is not a person charged with the duty or responsibility for executing or administering any law, neither does he or his advisory Committee disburse or administer monies appropriated by the National Assembly. Of course his Committee is not a ministerial department or an agency contrary to some arguments we have read in the papers or heard on the television. In my opinion therefore, the invitation in the context in which it was made has no Constitutional justification or validity. The Learned Professor was my teacher in the University and he knows I have a commanding respect for

him. However, permit me to say that I do not admit the appropriateness of the use of the language employed by the learned Professor against the Senate. To say that the Senate of the Federal Republic of Nigeria is composed of people of questionable character or to say that the Senate is unserious and irresponsible, I think is too weighty and highly derogatory. Do not forget the legislature is really the symbol of our Constitutional democracy. It is the institution that shows the participation of the people in the running of their government, in addition to the elected members of the Executive. Secondly, I think we need to weigh the impact and consequences of our actions and utterances, within and before the international community. Even where things fall short of our expectation, we cannot continue to do things that will amount to throwing away the baby with the bath water. When derogatory generalisations are made about our institutions, we destroy them. To say that the Senate is composed of people of unquestionable character, unserious and irresponsible, that the Judiciary is corrupt, that the Department of State Security’s report is unreliable, I submit, is to embark on a deliberate and systematic destruction of our democratic institutions. The time has come for us to desist from making generalised allegations that are capable of bringing down our institutions, and become specific in our allegations, if the aim is to sanitise and purify these institutions. Everyone has an inherent responsibility and duty to work together as a team to building institutions of state in order to strengthen our democratic foundation. I think it was Senator Udo Udoma, the current Minister of Budget and National Planning, that said when he was in the Senate, that men are powerless to secure the future and institutions alone, fix the destiny of Nations. As to the assertion that some of the Senate’s actions are ultra-vires, the answer is very simple. If anyone feels aggrieved that the Senate has exceeded its Constitutional powers on any issue, the proper place to go is the Court that has the constitutional powers to determine such questions. And this can be done by somebody who is directly involved or any other person by way of public interest litigation, where the principle of locus standi has been drastically relaxed in favour of the litigants. By the way, let me add that, it is by taking such actions that we can put flesh into the letters of the Constitution. It is by so doing also, that we can know the ambit or the scope of any Constitutional provision and this is how we can make the Constitution work. Remember, nothing works by itself, things are made to work. Kindly comment on the issues raised in the recent Fanta and Sprite case, Fijabi Adebo Ltd. &Anor. v Nigerian Bottling Company PLC and NAFDAC. Let me say that I have not read the judgement, so my comments will be limited to what I read on the pages of Newspapers. The judgement of a court is a product of the facts and the law put before it, together with the issues canvassed before it. In order to make a deep and informed comment one needs to read the judgement. Notwithstanding this observation, I think the judgement has exposed the inadequacies of our regulatory bodies. If these products are not suitable for human consumption in the UK, I wonder how it can be suitable for consumption in Nigeria? I am not a doctor and so I don’t know if there is a difference between the composition of a man in the UK and a man in Nigeria or a child in the UK and a child in Nigeria. I wonder what the defence of NAFDAC would be in that case. I also wonder what the Standards Organisation of Nigeria has to say on this issue. These regulatory bodies are not just there for the sake of it. They are established and funded by the State to protect you and I. I think the judgement is a wake-up call to reinvigorate our regulatory agencies, in order to make them more effective and efficient to achieve the purpose for which they are set up. In your opinion has President Buhari’s fight against corruption been effective and successful so far? What more can be done to intensify this fight? Has the fight yielded any fruits in the Judiciary since the DSS raid on some judges in October 2016? I think by and large, the fight has been CONTINUED ON PAGE 10

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‘NIGERIA NEEDS STATE POLICE NOW’ CONTINUED FROM PAGE 9 successful. Today I believe that it has been driven into the consciousness of individuals that there is a difference between private and public funds. It has also been acknowledged that there can be no business as usual. It is not an exaggeration if I say that Nigerians now know that certain things are wrong, and they must not do them. The fact that there are so many cases also going on simultaneously in our Courts, to hold people accountable for their past stewardship with particular reference to public funds, is also a reference point. I do not agree, in fact I disagree most vehemently with those who believe that the success or failure of the fight against corruption must be determined by the number of people clamped into jail, without complying with the fundamental provisions of the Constitution regarding their fair trial. People have talked so much about delay in the prosecution of these cases, without any tangible attempt to address the cause of the delay. Delay in our judicial system is both systemic and human. The provisions of the Constitution regarding criminal trial, cannot by any stretch of imagination, be short circuited. People only remember to quote that justice delayed is justice denied, without remembering the other side of the coin that justice hastened is also justice denied. As a lawyer trained in the common law tradition, I believe justice must never be sacrificed on the altar of speed. It is often said that a Nation can endure with unbelief, but no Nation can endure with injustice. The state and the society are entitled to justice, as much as the person being prosecuted. The fundamental question therefore is how to strike a balance between these two extremes that will guarantee justice, by not sacrificing speed while at the same time avoiding delay. This duty is on everyone including the practitioners of the law i.e. the lawyers and the judges, as well as the government. Recently, a justice of the Court of Appeal said that the total number of Judges and Justices in Nigeria are about 1200. If this is correct and I believe it is, what this means is that 1200 Judges and Justices are ministering to the needs of 180 million people. In some of our jurisdictions particularly Lagos, Abuja and Port Harcourt, cases are filed in excess of five thousand yearly. For instance by the end of March 2017 the Federal High Court in Abuja has recorded over 500 cases (civil only) while Lagos has much more. The number of the Judges available for adjudication I submit is not proportionate to the work load at every level of our courts in Nigeria. The Court of Appeal in terms of overload does not fair any better. Over 85% of the judgements of both the States and Federal High Courts are appealed against, and a good number of the divisions of the Court of Appeal are manned by 4 or 5 Justices with the exception of Abuja and Lagos which have 8 and 7 Justices respectively. The workload of the Supreme Court is worse. Cases of 2007 are still pending in 2017. While intensifying the fight against corruption, I suggest it is of paramount importance to carry the Judiciary as an indispensable arm of Government, along. Secondly, there is also the need to embrace the support of legal practitioners, who under any circumstances, should not be seen as enemies of the fight against corruption just because they are doing their constitutional, statutory and professional duties. Nothing, in my opinion, should be done that will amount to criminalisation of legal practice. A lot of people have also argued that the crusade is not all embracing and that its not holistic. That argument needs to be looked into. While the arrests, detentions and prosecutions have deterrent tendencies, I have not seen much effort or deliberate attempts at reforming the institutions of State that are prone to corrupt tendencies. Education and awareness campaigns, are key to inculcate new orientation and new values in and out of Government. I would have loved to be saved from commenting on the DSS raid of judicial officer’s residences in October, 2016. I believe the raid by the DSS stands out as the greatest act of intimidation and blackmail of the institution. Even if this was not the intention of Government, it is certainly the effect and manifestation of the action. Also the attempt at that time to brand all the

"THE TRUTH, AS INCONVENIENT AS IT MAY BE, IS THAT WE NEED A STATE POLICE IN A FEDERATED NIGERIA. I THINK IT WAS SIR WINSTON CHURCHILL, FORMER PRIME MINISTER OF THE UK THAT SAID THAT TRUTH IS INCONTROVERTIBLE. PANIC MAY RESENT IT. IGNORANCE MAY DERIDE IT" Judges as corrupt, I believe was a dis-service to the Nation. The truth is this, for every single Judge that may be corrupt, there are hundred judges that are clean and impeccable. The duty therefore, is to separate the wheat from the chaff, commend and encourage the multitude that are good, and punish the few that are bad. This is the only path way to sanitisation of the institution. Do you believe that there should be a state police? Are you in support of Governor Ambode’s recent launch of the Lagos Neighbourhood Safety Corps with the goal of assisting to make Lagos safer for its citizens? The truth, as inconvenient as it may be, is that we need a state police in a federated Nigeria. I think it was Sir Winston Churchill, former Prime Minister of the UK that said that truth is incontrovertible. Panic may resent it. Ignorance may deride it. Malice may even distort it, but there it is. We are all living witnesses to the current spate of insecurity in the Federation, particularly the new found crime of kidnapping. We also must accept that the police as we presently have it, is overwhelmed by this wave of crime and that is why more than ever before military is now involved in the task of maintaining internal security and preservation of lives and property in Nigeria. A function that hitherto was the exclusive preserve of the police under section 4 of the Police Act, to prevent and detect crime, apprehend offenders, preserve law and order, and protect lives and properties, are now co-discharged by the police and the military. It is obvious to all that, the capacity of the present monolithic police system has been completely overstretched. That is one angle to look at it. The second angle is this. There is hardly any state in Nigeria today that is not, and this is in a major way contributing and providing equipments and operational vehicles to enhance the efficiency of the police in their State. Some even provide an enhanced insurance cover by way of incentive, to the police within their territory. The point I am making is this, the States as at today, collaborate with the Federal Authorities to finance and fund the Police – a Federal institution. These two arguments, with respect, cannot be faulted and they make the campaign for State Police most relevant. Apart from these practical experiences, I believe it can be taken as a norm of constitutional structure that anywhere you have a Federal System such as ours, you have a police system at every level of government. Examples are the United States of America, Australia and Canada, to mention but a few. The other point is the expansive nature of the Nigerian Federation. For effective policing, it has been

argued by many that we need a police that knows the community inside out, with local legislation as its source and members drawn from the locality in which it will operate. Many have argued also and I share this argument wholeheartedly, that a centralised and monolithic police system is not the best for a huge nation like Nigeria with its multicultural and multi-ethnic diversity. I am not unaware of some of the arguments that have been proffered against the idea of State Police. Some have argued that it will be misused and abused by Governors and other State political actors. Others have argued that we are not yet mature or developed to have a State police. These arguments can easily be faulted. First, the present police structure is subject to abuse and misuse, and we have evidence of such everywhere. Secondly, the proponents of the other argument that Nigeria is not yet mature or developed enough to have a State police, failed to tell us when we will be mature or developed enough to have it. I think the experiences of the moment as they relate to security of lives and property, to me, has made the issue of State Police in Nigeria compelling more than ever before. I have always said leadership responsibility demands the taking of hard decisions. I believe that this is one hard decision that Nigeria needs to take. I am in full support of Governor Ambode’s initiative. Do you have any plans to run for the President of the Nigerian Bar Association? What ideas do you have that will improve the lot of Nigerian Lawyers and the practice of the legal profession? Let me start by saying that tomorrow is in God’s hands. Human beings of all times are on a search for purpose and significance. I would like to say that I can make very tangible contributions and consequently, be relevant and significant to the Nigerian Bar Association and the legal profession, without necessarily occupying the position of the President of the Nigerian Bar Association. No doubt I have the dream and the vision to offer exemplary leadership that will create opportunities and possibilities for the Nigerian lawyer, particularly the younger members of the profession. One feels that this dream can be pursued within the existing structure in the profession, after all office does not make the leader, the leader makes the office. Leadership is not about where you are, but about whom you are. I was the General Secretary of the Association between 2002 to 2004. Despite the length of time between then and now, colleagues still remember with demonstrable admiration, that I, together with that Executive under the leadership of Chief Wole

Olanipekun, SAN, gave our all to the bar and the profession. We brought ideas to bear on our administration. We conquered fear and defended in a most dogged manner, the rule of law and due process. We defended the right of the Nigerian lawyer to practice their profession without let or hindrance. The idea behind the stamp and seal was muted by that administration, which idea was launched by the then Chief Justice of Nigeria, Honourable Justice Uwais at the National Executive Committee meeting which took place in Ilorin, Kwara State. It was intended to be a stop gap to the full fledged introduction of practicing licence for the Nigerian lawyer, to stop the wave of fake lawyers and promote continued legal education which we considered very important for efficient discharge of our professional services. The Administration in 2004 created the Sections on Business law and Legal Practice from the main body. I refer to this, just to support the view that I pursue whatever I believe in with complete passion, total commitment and unreserved dedication. That executive was very progressive and dynamic. On the supremacy of the rule of law, we were fearlessly aggressive. On the issue of sustainable democracy, we were visibly proactive. On the welfare of Nigerian lawyers, we were committedly creative? and we were demonstrably purposeful on the general issue of administration of justice in Nigeria. I assume you ask this question because you are fully aware I ran for the office of President in 2014, and my experience was everything but palatable. I gave it my best shot with a realisable and pragmatic manifesto, excellent campaign materials and dedicated pursuit as I pursue any other goal. It is doubtful, if I would like to expend such extremely high degree of efforts again. There is a lot to do if we must improve the lot of our members. There is a need for example, to promote their welfare, their security and economic advancement. There is a need to particularly focus on the welfare of junior members of the bar, who are in their thousands today and most of whom are almost hopeless in the profession, because of hardship and problems they did not create. We must take on the task of providing platforms for capacity building for them, as well as economic empowerment and strategic mentoring programs in order for them to develop hope in the profession, generate confidence in themselves and provide guarantee that they can realise their dreams in the profession. Secondly, the point must be made for the umpteenth time that the practice of the profession cannot be enhanced beyond where we are, until we embark on a sustained campaign against the cankerworm of delay in the administration of justice. I have made a few suggestions on this in the course of this interview. I believe the time has come for the beneficiaries of legal services to have value for their money and be made to understand that, there is no alternative to the pursuit of justice through constitutionalism. To this end the NBA can drive a policy that will establish a platform like the administration of justice committee to be composed of both members of the Bar and the public at National and State levels, to monitor the goings on in the administration of justice. I believe by so doing, inadequacies will be discovered and addressed, excesses of both lawyers and judges will be remedied, and solutions found to other problems that may be militating in general against the administration of justice. I still believe that the best profession you can be is the legal profession, notwithstanding the seeming campaign of calumny against the profession as at now. Somebody said in the days of old, let us kill all the lawyers. That campaign was because they felt lawyers withheld the key of knowledge from others, as they failed to impart knowledge on the public. That argument no longer holds. The role of the lawyer in any democratic society cannot be over emphasised. It is our role to consistently defend the truth and justice. It is our role to break the rod of oppression, and it is our role to ensure that the ordinary citizen is protected from power, its excesses, its misuse and its abuse. The largest room in the world is the room for improvement. If the Nigerian lawyer CONTINUED ON PAGE 11

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‘NIGERIA NEEDS STATE POLICE NOW’ CONTINUED FROM PAGE 10 has fallen short of expectation somehow and somewhere, there is the opportunity to improve. I must add that the lot of the profession will be better if the Judiciary can be sufficiently funded, unlike the peanuts that is being allocated to it in the budget. Before the Budget proposal now pending at the National Assembly, the budget of the judiciary had always been on a downward trend. If I am not mistaking, I think the budget of the judiciary this year which is slightly above N100 billion is the highest I have seen allocated to the judiciary. Of course, arising from the poor funding, are inadequate infrastructural facilities, poor remuneration and allegation of judicial corruption amongst others. I believe that making the judiciary better is a guarantee for making the Nation better for all. Are you satisfied with the standard of legal education in Nigeria? Do you think that the Nigerian Law School should have been decentralised? Do you agree that the Decentralisation of Law School has resulted in taking the edge off the quality of lawyers that are being churned out today? To say that one is satisfied with the standard of legal education in Nigeria today is to deceive one’s self. Education is the most powerful weapon to change the society. The fall in the standard of legal education has also resulted in the fall of in the standard of legal practice. As far back as November 2002, at the NBA NEC meeting held in Makurdi, one of the principal issues of focus at that meeting was the issue of falling standard in the profession. Two senior members were invited to make a written presentations on the issue. These were Chief Mike Mamman Usman, SAN and Professor Ernest Ojukwu, SAN. This is to let you know that some of us have been worried about this matter for some time now. I also made this a campaign issue in 2014. I talked about setting up a platform to assess the state of legal education in Nigeria, including assessing the role of law teachers in our faculties of law in the Universities, appraising the curriculum and content of legal education and the impact of Government policies on University education, particularly the proliferation of Universities and establishment of faculties of law. I must say from my own point of view, that I do not think the problem is that of the Nigerian Law School wholesale. No. Our searchlight must be thrown on the different faculties of law. It is gratifying to note that the current President of the N.B.A, A.B. Mahmoud, SAN, is focusing attention on this issue in a most pragmatic manner and this is highly reassuring. I am aware of the NBA Legal Profession Regulation Reviewing Committee set up by the President under the leadership of Chief Anthony Idigbe, SAN. I have not only submitted a memo to them, but I also attended the town hall meeting organised by the committee in Lagos on the 14th of March, 2017. I must say it was a very resourceful program. Issues as to whether law should be made a postgraduate course as you find in some other countries like the United States of America, whether the Nigerian Law School should be a two year professional program, as against the current one year as well as the issue of pupilage and the number of years it should be, were some of the issues considered. We also focused attention on the critical area of continuing legal education. I think the NBA needs to get more involved in the affairs of the statutory bodies such as the Council of Legal Education, and the institutions providing legal education in Nigeria with regards to quality assessment and setting of standard bench marks for these institutions. After all, when their products graduate as lawyers, they become members of the Nigerian Bar Association. Once backed up by statute, the NBA can evolve a strategic program to ensure direct involvement, engagement and participation in the affairs of the institutions. I see no reason for example, why NBA cannot accredit law faculties in Nigeria. We have the responsibility to determine what and how those joining our profession should be trained, both at the law faculties and at the Nigerian Law School. It is neither the Nigerian Law School nor the decentralisation of the law school that has contributed to this state. No. As a

member of the Screening Committee of the distinguished Body of Benchers for many years now, I know that the six campuses of the law school are under the same Director General, running the same curriculum and writing the same qualifying examination. The law school program at present runs for only one year, and as the saying goes, you cannot bend a dry fish. The formative period is very important. The number of subjects a student must pass at the West African Examination Council, the number of years spent in the University and the quality of professors and lecturers in the Universities are relevant factors, before the student gets to the Nigerian law School. The NBA is presently engaged in nationwide consultations with lawyers in an effort to review and totally overhaul the legal profession in Nigeria. What will be your suggestions to the Chief Idigbe led committee? I think I am right in saying that I have answered this question. However, let me add that it is encouraging to note that the activities of the Committee has generated a lot of interest and people are enthusiastic to make suggestions to the committee. Like I said, I have submitted a 13 page memo and interestingly, at the town hall meeting, held in Lagos I was pleased to know that both the President and members of the Committee confirmed that they have read my memo. Having regard to the contemporary criticisms against lawyers, and the current perception of members of the public about the Legal profession, I suggested an overall review of our professional ethics and code of conduct and effective enforcement of these codes. I also suggested an aggressive pursuit of the amendment of the Legal Practitioners Act by getting the National Assembly to pass the Legal Practitioners Amendment Bill, which has been pending before the Parliament for a long time, so that the provision on practice licence can enjoy statutory backing for implementation. This practice licence together with the stamp and seal program, will not only curb the incidences of fake lawyers, but more importantly assist in the proactive implementation of a virile and dynamic mandatory continuing legal education to be run by the Institute of Continuing Legal Education. The idea is that a practitioner must have attended a number of continuing legal education programs and scored a particular number of points as a precondition to having his or her practicing licence renewed annually. This is important because, it is the supply of fresh wood that keeps the fire burning. I’ve talked on statutory backing for the NBA to give it power of assessment and evaluation of law faculties and Nigerian law School with a view to raise quality and standard of legal education in Nigeria. I’ve also suggested a strategic program to drive mentoring not only for junior members of the profession, but also for law students in the Universities. Other suggestions are contained in my memo. In addition I will like to suggest that the Committee can invite memos from members of the public who are the primary beneficiaries of legal services, for their contributions, in the effort to make the profession better to deliver satisfactory

and good legal services. Despite the introduction of universal suffrage and electronic voting by the NBA for its election into National offices, the election as witnessed in the last exercise was still not rancour free. As one who has run for the office of the President of the Association before, what will you suggest as a lasting panacea to this problem? I must say with all sense of responsibility that rancorous elections and election disputations were not common with the NBA. Yes, in 1992, NBA had some problems in Port Harcourt, but I believe that NBA would still have conducted a successful election but for the role of the Military Government. Before the election there had been a highly visible face-off between the Bar and the government because of the deliberate and purposeful determination of the Bar to enforce the rule of law and obedience to court orders. That crisis stagnated the National Body for about 6 years from 1992 to 1998. It was only in 1998 that we elected new President and other National officers under a very smooth and congenial atmosphere at Abuja, after a successful initiative midwifed by the Committee of Chairmen and Secretaries under the leadership of Chief Adegboyega Awomolo, SAN. That Committee was formed at Ikeja following the suggestion of Chief Wole Olanipekun, SAN who was the key note speaker at the 1996 Ikeja Law Week dedicated to finding ways and means to resolve the debacle of the National Body. Our leaders must be above board like Ceasar’s wife. Once you are a President and you have spent your time and run your administration to the best of your ability and capacity, the Electorate must be allowed to elect the President of their choice, in a free and fair election. That is the whole essence of democracy. In a democracy, minority of course will have their say, but the majority must have their way. It is a rare privilege to be elected President of the Bar. That privilege must not be abused by forcing a successor down the throats of the generality of NBA members and this must be so, irrespective

"LIKE I SAID IN MY MEMO TO THE CHIEF IDIGBE COMMITTEE, I COMMENDED THE INTRODUCTION OF ELECTRONIC VOTING SYSTEM INTRODUCED BY THE IMMEDIATE PAST PRESIDENT AUSTIN ALEGEH, SAN. THIS SYSTEM SHOULD NOW BE REINVIGORATED AND FINE TUNED, IN ORDER TO GUARANTEE AND DELIVER A CREDIBLE ELECTORAL PROCESS"

of whatever electoral system that is put in place. Like I said in my memo to the Chief Idigbe Committee, I commended the introduction of electronic voting system introduced by the immediate past President Austin Alegeh, SAN. This system should now be reinvigorated and fine tuned, in order to guarantee and deliver a credible electoral process. Once the process is credible and transparent, there will be no rancour. The generality of Nigerian lawyers I believe, agree on the point that the former delegate system which itself was a product of the lessons learnt from the 1992 crisis, has been so manifestly misused and abused, that it deserved to be consigned to the dust bin of history. I have also suggested to the Committee that the universal suffrage through the electronic voting system should be maintained, sustained and applied in an open and transparent manner, in order to guarantee the sanctity of our electoral process. On the occasion of your 60th Birthday tomorrow April 12, 2017, reflecting on your life so far, how has the journey been? Are you fulfilled? What are your plans for the next 10 years? Do you have any interest in politics? If you had the chance to go back and change anything in your life’s journey, what would it be? The secret of men they say is in their stories. I believe I can say with gratitude to God that my journey of life so far has been a great one. I also believe with confident assurance that the journey will still be greater in the days ahead because of the living word that says “Remember ye not the former things neither consider the things of old behold I will do a new thing”. God is in the business of doing new things every day. That is not to say there have been no trying moments. The truth is that there have been, but the word of Bishop David Oyedepo, that you cannot win the prize if you fail to pay the price, has been a driving force and my motivation. To be a star of course, you must endure the scar. Nothing of value is free. The song writer says count your blessings and name them one by one, and it will surprise you to see what the Lord has done. In our family we acknowledge and celebrate what the Lord has done. We do not see what He has failed to do. Somebody said that the same adversity that causes some people to break down causes others to breakthrough. I see problems as challenges and stepping stones, rather than obstacles or impediments. The truth is that I can’t believe I am 60. To say I am 60 is like a dream to me. Once again let me say to God be all the glory. Without any hesitation whatsoever, I say yes, I am fulfilled. I recognised a long time ago, that a man’s picture determines his future. In my vision, I saw the picture of an outstandingly successful person in all ramifications of life, and chapter by chapter I am seeing the vision fulfilled. While I thank God for this, I also thank Him in anticipation of what He will yet do, because there are still more chapters ahead. I am hid in Christ and Christ in God who is the author and finisher of our faith. He unfolds His plans in stages. Permit me to say that my vision for the next 10 years and the mission to accomplishing that vision are already settled between me and Him. What you don’t expect you don’t experience. Because you cannot fly higher than you see, let me tell you that I see greater days ahead. The essence of life is to add value to life and to the lives of others, and this can be achieved in or out of politics. I do not think, I may be wrong, that I am interested in partisan politics. In the words of Nelson Mandela, life sometimes has a way of forcing decisions on those who vacillate. Self examination and personal appraisals are my facts of life. I appraise myself from time to time. With all sense of responsibility, I do not see what I will want to change if I have a chance to start all over again. I will still want to be a Lawyer that I am now, married to Mercy Bola Adetokunbo who is my wife now and be the father and grand- father of the children and grand children that God in His gracious mercy has blessed me with. I will still make friends with all my friends. Perhaps, I will pray much more to have more friends that will be loyal to me just the way I am unreservedly loyal to them. We wish you a very happy 60th Birthday. Congratulations. Thank you very much.

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THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Doctrine Of “Nemo Judex in Causa Sua” in Arbitration Proceedings

ainstream International Arbitration practice is made up of a familiar network of individuals and law firms within the arbitration community, sometimes as a result of school affiliation, Co-barristers in chambers, previous appointments or legal representation as counsel. The relationship between the parties and the arbitrator is usually consensual and contractual, in which the arbitrator agrees to settle the dispute between the parties for a certain remuneration. However, the judicial nature of the arbitration process, imposes practical limits on the parties’ freedom when choosing the arbitrators. Principles of International Arbitration As the state lends its authority for enforcement of the awards, it requires that the arbitration proceedings, as well as the composition of the tribunal, to meet certain minimum standards, which are considered to be indispensable characteristics of fair trial. In keeping with his adjudicatory functions, the arbitrator has to maintain his/her impartiality and independence, as well as full and frank disclosure of all relevant facts. A violation of any of these cardinal and universally accepted principle of International Arbitration, which are corollary to the competence of the arbitrator, may result in the removal of the arbitrator and possibly annulment of any order reached by way of an award rendered either preliminary or final. In some cases, it may also lead to the arbitrator being personally liable for damages depending on the degree of immunity afforded him by the relevant laws. Arbitrator Must Not Have Interest in Dispute The principle of Nemo Judex in Causa Sua in this context connotes that an arbitrator should not be a judge in his own cause, i.e an arbitrator presiding over a dispute should not have substantial interest in the dispute or any of the parties to the dispute, to the extent of influencing the outcome, or to be seen to have influenced the outcome of the award. The requirement of disclosure in arbitration proceedings, has now formed an integral part of the proceedings in order to ensure fairness and transparency. Various arbitration rules provide for obligation of an arbitrator to disclose and the effect of non- disclosure. Article 12 Uncitral Rules for example, provides that any arbitrator may be challenged if circumstances exist that give rise to justiciable doubts as to the arbitrator’s impartiality or independence. In the context of challenging an arbitrator or an award for lack of “independence” or impartiality courts have come to different conclusions as to whether arbitrators are subjected to the same requirements of independence and impartiality as Judges. While the US Supreme Court held in 1968 in COMMONWEALTH COATINGS v CONTINENTAL CASUALTY CO. 393 US 145, 149 that arbitrators should submit to stricter requirements than courts, since there is no appeal against their awards, the English Court of Appeal held in AT & T v SAUDI CABLE (2000) 2 Lloyd’s Rep 127 (CA) that the same requirements apply. Divergent positions still exist depending on the jurisdiction. The underlining consideration is that the arbitrator is not predisposed as to the question in dispute. However, impartiality must be distinguished from neutrality,

as is provided in some types of arbitration such as party-appointed arbitration, i.e., arbitrators do not have to be neutral. This does not imply that those arbitrators can be biased. It only means that from the legal, social and cultural background, they may be favourably disposed towards the appointing party which may even be necessary to fulfil the special functions of a party appointed arbitrator in an arbitration with parties from different countries. It is the writers position however, that as long as this proximity is not allowed to dictate the outcome of the proceedings the so-called lack of neutrality should not impair the impartiality. Duty to Disclose Generally, the duty to disclose extends to all information, which could be brought to the fore by the arbitrators before the consideration of the dispute. The big question is what information is relevant and what is sufficient to justify an objection to the arbitrator. Due to different perceptions as to what facts may be relevant, some institutions prescribe in detail what types of information is required. Extensive guidelines can be found in Article 4.2 of the IBA Rules of Ethics of International Arbitrators. Disclosure factors are generally professional and personal contacts, which the arbitrator has with either or both of the parties. Clearly, if the party arbitrator has advised, represented or worked with a party, even many years previously, this might be considered relevant and capable or affecting an award if not disclosed. Less clear is where a law firm (maybe a global law firm) has previously represented a company within a multinational group where the company concerned and the party to the arbitration has little or no connection other than common shareholding. It is even likely that the service rendered was in a different jurisdiction with respect to transactions unconnected to the dispute, or even before the subsidiary became part of

the group. The reality is that the arbitration community is relatively interconnected and in many cases arbitrators are selected because the lawyers involved know them, either personally or by professional reputation. Frequently, well known arbitrators will have to be involved in several arbitrations with the same lawyers, an arbitrator may have been appointed in another case by the lawyer representing the other party. Non-disclosure of facts has been considered to justify the challenge of an arbitrator. The recent decision of the Court of Appeal, Lagos Division per OGAKWU JCA in ADDAX PETROLEUM EXPLORATION (NIG) LTD v PEACEGATE OIL & GAS LIMITED (unreported) in CA/L/765/2014 delivered on the 10th of March, 2017, expounded this doctrine. The facts culminating to this appeal was a successful challenge by the Respondent at the trial Court of part of the award, after enforcing the favourable part of the award. The Arbitrator had disclosed at the preliminary stages of the proceedings, his involvement with the Appellant as counsel previously and asked to disqualify himself subject to the agreement of the parties. The parties unanimously expressed their confidence in the Arbitrator to proceed with the conduct of the proceedings. The Proceedings continued and the award was rendered in favour of the Respondent. The Respondent in a volte-face approached the trial Court to set aside the award on the grounds that the participation of the Arbitrator who indicated that he had acted for ADDAX SA GENEVA in the arbitration breached the Nemo Judex in Causa sua rule of natural justice. The Court of Appeal in upturning the decision of the trial court relied and reproduced in extensio the decision of OKORO JCA (as he then was) in KANO STATE URBAN DEVELOPMENT BOARD v FANZ held at page 12 thus: “.... It is evident on the face of the

"ARBITRATORS SHOULD BE MINDFUL, NOT ONLY ABOUT THEIR OWN CONDUCT AND BUSINESS AFFAIRS, BUT ALSO THOSE WITH WHOM THEY ARE ASSOCIATED, DURING THE ARBITRATION PROCESS. THIS IS BECAUSE, LOSING PARTIES OFTEN LOOK FOR A WAY TO AVOID THE EFFECT OF AN AWARD AGAINST THEM. ATTACKING THE INDEPENDENCE AND IMPARTIALITY OF THE ARBITRATOR IS ONE SUCH WAY"

records that the arbitrator informed the parties that he acted for one Addax S.A of Geneva in respect of an on-going dispute, and sought to know if the appellant is an affiliate of the said company in which case he would disqualify himself from acting as an arbitrator. The respondent counsel expressed confidence and stated that the respondent did not object to the arbitrator acting as an arbitrator in the disclosed event. ....... Justice is rooted in confidence and confidence is destroyed when rightminded people go away thinking that the judge was biased. .... This is a pointer to the fact that the respondent reposed confidence in the process that resulted in the award which it enforced. The law remains that in arbitration proceedings, the general rule is that the parties choose their arbitrator or arbitrators to judge both as to decisions of law and facts in the dispute between them. Thus, where as in this case, an award is prima facie good on the face of it, as evidenced by the facts that the respondent has enforced part of the award, it does not lie in the mouth of one the parties to object simply because the award is not his favour...” The most profound part of this decision is at page 15 where the Court held that “where parties to a dispute appoint an arbitrator with full knowledge of the facts and circumstances relating to the arbitration before his appointment, they will be stopped from objecting to such as invalidating the proceedings” The writer posits that this reasoning is unassailable, as it conforms with established practice and procedure in arbitration. See the Model Law Article 13(2) which sets 15 days time limit for challenge of arbitrators. The law is that facts that have been disclosed at the appointment stage cannot be relied on at a later stage to challenge the arbitrator or the award. Parties have to raise their objections immediately or they are considered to have waived their rights to rely on them. See the Case of ODUNEYE v FRN (2014) 13 NWLR Pt 1425 at 545 at Page 586. Conclusion Ultimately, it is the arbitrator who decides what information he is going to disclose. Article 4.1 of the IBA Rules of Ethics provides that arbitrators should declare important factors that may cause justifiable doubt about the individual’s independence. The form of disclosure to be used by the arbitrator, depends on the applicable arbitration rules. To ensure compliance with this duty, many institutions have a standard form that must be signed before appointment by the parties. Arbitrators should be mindful not only about their own conduct and business affairs, but also those with whom they are associated, during the arbitration process. This is because, losing parties often look for a way to avoid the effect of an award against them. Attacking the independence and impartiality of the arbitrator is one such way. The effects of a violation of the duty to disclose and the sanctions involved, depend to a large extent on the approach adopted to check the challenges of the arbitrators by the relevant law. In AT&T v SAUDI CABLE (SUPRA) the English Court of Appeal held that, an inadvertent non-disclosure of a fact that might not have affected the appointment process, is insufficient to lead to a real danger of bias. Consequently, the non-disclosure did not lead to the sanction.

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‘Folake Solanke: First Female Silk @ 85 Eyimofe Atake pays tribute to his Mummy SAN,Chief Folake Solanke,on the occasion of her 85th Birthday, going down memory lane and recalling some of her achievements, like being appointed as the First Female Senior Advocate of Nigeria in 1981, amongst her other accomplishments. He also describes her as motherly, "the woody stem of a tree from which branches grow"

The Beginning t was sometime in the early 1960s as a young boy growing up in Ikoyi, Lagos that I first met Chief ‘Folake Solanke SAN. “Mummy” to me. In the late 1950s and early 1960s, my father was a Magistrate in Lagos. Living almost next door to us on Adeyemi Lawson Road in Ikoyi, were the debonair and suave medical doctor, Dr. Toriola Solanke and his stunning and elegant wife, Mrs. ‘Folake Solanke. It was through me as a child in the early 1960s that our families met and became life long family friends. The story has often been told as to how my nanny used to take me in my pushchair in 1958 onwards to enjoy the unsullied gentle wind in Ikoyi of the late 1950s and early 1960s. It was customary with most families who lived in the area of Ikoyi to go on walks to enjoy the breeze. Coincidentally, the young Yemisi Solanke (now Dr. Yemisi Solanke-Koya) went on similar walks with her nanny. In the course of events that followed, Yemisi and I met and through us, our parents met in what became a long and extremely close friendship that terminated for our parents alone, with the passing of Professor Emeritus Toriola Solanke, CONL (Senegal), and my parents the Honourable Justice Franklin and Mrs Victoria Atake. Warri and Ibadan With the creation of the Mid-western Region in 1963, my parents and my family moved to Warri, where my father took appointment as a more senior judicial officer. Our neighbours, the Solankes, subsequently moved and settled in Ibadan. Those moves to different Regions in Nigeria never dampened the very close family ties and friendship. Quite the contrary; the distance between the two families made the friendship more intense and strong. It was standard practice to stop over at Ibadan at the Solankes whenever my parents were visiting Lagos. And the Solankes often stopped at ours in Warri or Benin whenever they were in the Midwestern Region or State. In the summer holidays when we were all in the United Kingdom our families would often meet for a meal and visit each other several times during the course of the holiday. You can therefore now appreciate why I call Chief ‘Folake Solanke, the learned first female Senior Advocate of Nigeria, “Mummy”. Mummy: Some of her 'Firsts' “Mummy” as I fondly call her, is a lady of immense stature. Not by her size or physique, but by reputation. She is a force to be reckoned with. A natural practitioner. Her standing and character is immense. Towering. One may venture to say, her standing is incalculable and immeasurable. Her name is a household word. I dare say that those who do not know her or know of her, may not be true Nigerians. Long before she turned 85 years, she had taken under her belt a few firsts. First Female Senior Advocate of Nigeria (1981); appointed First Female Commissioner in the Cabinet of Western State of Nigeria (1972); First Female Chairman of Western Nigeria Television (1972); and first non- Caucasian President, Zonta Inernational (1994-96) to mention just a few of her firsts and accomplishments. In terms of her accomplishments one could describe her as a woman of many parts and firsts. She is a role model not

just for Nigerian women but for men as well. She connects with lawyers and non-lawyers alike. It may have something to do with her first career as a school teacher. She was a resident teacher who taught Mathematics and Latin in two Public Schools (fee paying schools) in England in the 1950s, where some of her pupils remember her with great affection, as a loving, caring, devoted, faithful, committed and very elegant graceful lady. She is also a tireless promoter of women and other rights of unrepresented groups, particularly with her various works with Zonta International. An Eminent Practitioner She is by any standard an eminent practitioner. A legal force. A solid heavy weight. Not as in the Mohammed Ali (“the greatest”) way, but as a lawyer. She pays attention to detail, and when she takes up a task, legal or otherwise, she has an “on the ball” attitude. She sees the size of her task (even at the ripe age of 85) and gets on with it in a most prudent allocation of her time. She gets to the nitty-gritty or the core of issues, even when they are very complex. At 85, she has not lost her tenacity, even though she is more measured in her approach to some topics. She has delivered several Public Lectures all over the World. I have been privileged to attend most of them. “Mum” unfailingly invites me to them using these kind words: “My beloved learned son – Dr. Eyimofe Atake SAN and daughter, Dorothy Atake Esq..........Mum..” She sometimes personally drops the invitations in my house with an attached letter with extremely kind words, or sends them through her relations. No matter how overwhelmed I am with pending issues or work, I know that I must make time to attend. At the end of each Public Lecture or event, I am always so delighted and thankful that I attended. I learn something new or see an issue discussed during the course of the lecture, in a very different perspective. I watch her public oratory with utter admiration and appreciation. She is a very skilled, proficient, consummate, experienced, accomplished and eloquent speaker, who holds her audience spellbound or with rapt captivation. She addresses issues in a forensic manner, dissecting them comprehensively with understandable clarity in a pleasingly unambiguous logical manner. I dare say in the same manner her late husband, the eminent Professor of Surgery (“King of Surgery”) performed his surgical procedures. On the other hand, her background in Mathematics may have everything to do with her profound sense of logic. She had graduated with honours with a B.A. in Mathematics from the University of Durham. It has often been accepted since the days a young Alfred Thompson “Tom” Denning, Baron Denning,

Chief Folake Solanke, SAN

OM, PC, DL took a first in Mathematical Moderations from Magdalen College, Oxford, that Mathematicians make very good lawyers. Lord Denning, Master of the Rolls is stated as “the greatest Judge of the last Century” and “probably the greatest English Judge of modern times”. As a Practitioner, she must be rated top class. Always calm and composed using her wealth of experience in the law to make her points known and felt. Her delivery is superbly outstanding. She addresses complex issues with utmost clarity, lucidity and precision. It is therefore not surprising, that she was destined for great heights in her chosen profession. Her elevation to the rank of the first female Senior Advocate of Nigeria (Silk) is arguably one of the last barriers within the legal system in the advancement of women. Arguably because at the time when she took Silk, we had not had a female Chief Judge of a State, a female Justice of the Court of Appeal and President, a female Justice of the Supreme Court and Chief Justice of Nigeria. Those barriers were finally broken by the Honourable Justice Rosalyn Omotosho (First Female Chief Judge), The Honourable Justice Zainab Bulkachuwa (First Female President of the Court of Appeal) and

"HER ELEVATION TO THE RANK OF THE FIRST FEMALE SENIOR ADVOCATE OF NIGERIA (SILK) IS ARGUABLY ONE OF THE LAST BARRIERS WITHIN THE LEGAL SYSTEM IN THE ADVANCEMENT OF WOMEN. ARGUABLY BECAUSE AT THE TIME WHEN SHE TOOK SILK, WE HAD NOT HAD A FEMALE CHIEF JUDGE OF A STATE, A FEMALE JUSTICE OF THE COURT OF APPEAL AND PRESIDENT, A FEMALE JUSTICE OF THE SUPREME COURT AND CHIEF JUSTICE OF NIGERIA"

the Honourable Justice Aloma Mukhtar (the First Female Justice of the Court of Appeal, Supreme Court of Nigeria and Chief Justice of Nigeria). But we have had in several years gone by, the first female lawyer: Stella Jane Thomas (later Marke) who in May 10 1933 was called to the Bar in the Middle Temple, thereby becoming not only the first Nigerian female Lawyer, but the first female lawyer in West Africa. Further, there was the Honourable Justice Modupe Omo-Eboh appointed a Judge in the Mid-Western State of Nigeria in 1969, thereby becoming the first female Judge in Nigeria. Consequently, when the historical records of the legal profession is verified the name Chief ‘Folake Solanke, first female Silk will prominently feature for all to see; in the same way the name of Dame Rose Heilbron, DBE, QC stands out in the United Kingdom for being the first female Silk. Incidentally, both Chief Folake Solanke and Dame Rose Heilbron were called to the Bar at Gray’s Inn. Mummy: the Tree Trunk, the Nurturer “Mum” is a ‘tree trunk’. As the words connote the main woody stem of a tree, from which its branches grow. I use the words in a family sense. She is for most families of her late friends “the woody stem of a tree from which branches grow.” Her caring, motherly presence is always felt. And she always has a lot of time for you to discuss various issues. She never fails to call one regularly on the telephone and visit. She is kind, understanding, down to earth and practical, but strict about maintaining family values. She is indeed our “kind of lady” who engenders trust in people. I congratulate her most heartily for turning 85 years and I wish her several more years on this side in good health. Gratulations audiuntur. Multi beatam reditus. Vivunt iam non bona valetudo. Dr. Eyimofe Atake, SAN

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Hills, Valleys and Triumphs Chief Folake Solanke makes remarks about her life's journey, and some urgent issues facing our country Nigeria, on the occasion of her 85th Birthday on March 29th, 2017, which was commemorated with two book presentations, 'Reaching for the Stars', her updated autobiography, and 'Selected Essays and Papers on Legal and Societal Issues'. The learned Senior Advocate of Nigeria, discusses the need for transparency, the dissemination of information on the recovery of stolen loot, and the use to which it is being put by the Nigerian Government, amongst other concerns Remarks by Chief Folake Solanke, SAN, OON, CON at her 85th Birthday Celebration at the Ibadan Civic Centre, Iwo Road, Ibadan, March 29th, 2017

darkness, all that some of the airport authority staff did was to laugh and say, “welcome to Nigeria”, as if lack of electricity is an accepted norm. No, it is not. It is catastrophic that Nigerians do not even expect anything better. No lamentation for a near – failed state situation after successive governmental failures to fix the power debacle. We cannot laugh off our disaster, disgrace and the mockery of foreigners arriving at our borders. We must demand better governance and not throw up our arms in capitulation.

hen I turned 80 in 2012, I became Exhibit “A” in London at the event held by the International Bar Association (IBA) Women’s Special Interest Group where I was decorated with the Distinguished International Woman Lawyer Award 2012. Everyone was pointing at me and saying “look, she is 80". Now, that I am 85 years old, I am Exhibit A2, and people say: “look, she is 85". I pray that all of you here present will be blessed by God with longevity in good health. Amen. Life Journey Now, how can one chronicle a life journey of 85 years on this planet Earth, with its stings and arrows, hills and valleys, triumphs and lamentations: • Starting as a motherless two-year old child in the Blessed Jacob’s Home of my illustrious father of the Alabukun powder fame, • to pre-primary school, • to primary school, • to secondary school – Methodist Girls’ High School, Lagos, • to Queen’s College, Lagos for the rudiment of the “A” level course, • to Newcastle Upon Tyne, England at Kings College in the University of Durham, • to teaching Latin and Maths in two fee-paying public schools in England as a Resident Teacher, • to Yejide Girls’ Grammar School, Ibadan, teaching the same subjects • to Students’ Office No. 7 in the Nigerian High Commission, London, • and to being called to the Bar in England after passing all the Bar Examination in 22 months as a student of Gray’s Inn, London. Recently, I have joyfully re-connected with my former English pupils after 60 years! They have acknowledged by e-mail that I taught them Latin and Mathematics. I plan to meet with them on my next trip to England. Deo Volente! Of course, my former Yejide pupils are here with us today. They always participate in all my celebrations. All the details are in the updated edition of my Autobiography: “Reaching for the Stars”. I have been so fortunate about what God has empowered me to achieve in the one and only learned profession within which I enjoy limitless goodwill, huge respect, deep appreciation, real affection and more besides. I am always overwhelmed by the spontaneity of the excitement and interest, which always welcome me to any legal gathering. Such a welcome fills my heart with tremendous joy. Corruption in Nigeria However, I do agonise over the problems of corruption in my own constituency – the law. I assure you that we are not all corrupt. Many of us abide by our professional ethics, tradition and oath of office. My prayer is for the restoration of the golden years of the administration of justice. A restoration needs the collaboration of each member of the learned profession – both the Bar, the Bench, and the public. It is an onerous task that must be accomplished, because if the law fails, the nation fails. Let us all remember that the law is the regulator of the society. Now, even in my early years at the Bar, people I have never met, would call on me in my Alabukun Law Chambers, because they had heard of me. One of them was in his early twenties serving as a

Chief Folake Solanke, SAN and Ogun State Governor, Ibikunle Amosu at her 85th Birthday Celebration

Youth Corper. That young man is now Arakunrin Oluwarotimi O. Akeredolu, SAN – the newly minted Governor of Ondo State. He always publicly declares that he has two mothers – one biological, the other professional! Many in Ondo State and elsewhere know that I am a professional mother of a State Governor! Praise God. Alleluyah. The other caller, (who came with a friend) was a teenager from Yejide Girls’ Grammar School, Ibadan – Mojisola Adedipe, now Hon. Justice Mojisola Olatoregun and the Administrative Judge of the Federal High Court, Lagos Division. Now, having been born last century in 1932, I have a broad landscape of the history of our dear country – Nigeria. On our past experience, Chinua Achebe wrote the book titled : “There was a country”. My memory of that country, was one where law and order prevailed and a good name – better than gold and silver – was revered. Proverbs 22: 1 says “A good name is rather to be chosen than great riches and loving favour rather than silver and gold”. At that time, to be called a thief or become a convict or a prisoner, was the worst monumental calamity which could befall a family. Now, they wear their shameless behaviour, like a robe of honour, and people steal with impunity at all levels. Consequently, there is economic stagnation, because our assets and patrimony have been looted in gigantic and unimaginable amounts. The quantum in each case is simply bewildering. Recovered Loot Although, I acknowledge the efforts by the current Administration to hunt down oil thieves and other predators of our pillaged national assets, yet, on the basis of integrity and transparency, Nigerians need urgent information on a regular basis on:• How much has been recovered from the looters? • Where is the recovered money being kept? • Is it in the Central Bank of Nigeria? • How is it being applied? • Is it being utilised for the payment of monthly allocations to States? Answers to these critical questions are imperative.

In view of the foregoing, I recommend that a Registry for recovered national assets be established. The Registry will publish regularly, maybe monthly, details of recovered stolen goods both in the traditional media and on-line. The Registry should also publish information on how much is being disbursed and for what. Such important information is currently lacking. Pity. There should be strict rules on how funds are recovered. The whole operation should be on video in order to ensure that stolen funds are fully accounted for after transportation of the humongous loot from the place of crime. The Constitution The “fons et origio” of our laws – must be massively overhauled. It has been said ”ad nauseam” that the centre is too powerful. More power must be deviated to the States which cannot truly boast of autonomy now, when they exist mainly on allocations from the centre. Our democracy is a sham because of the lop-sided arrangement of the Federal and State governments. I will now briefly address a few burning national issues, namely:The Judiciary The Judiciary is the shelter and hope of the common man and everyman. The law is the rallying cry for our existence. Success will allude us, if the citizen cannot trust the Judiciary and our legal system. Federal Character The application of federal character enshrined in Section 14(3) of the constitution has supplanted excellence and substituted mediocrity, in all our endeavours. As Nigerians, we must all reject mediocrity in all that we do. Despondency of the Citizenry People are now so traumatised, that they cannot even recognise the standard expectations of a normal society in the 21st century. They laugh, when they should weep over the successive failures of successive governments in Nigeria. Imagine: there was a power outage at the Airport, and the place was thrown into pitch

"AT THAT TIME, TO BE CALLED A THIEF OR BECOME A CONVICT OR A PRISONER, WAS THE WORST MONUMENTAL CALAMITY WHICH COULD BEFALL A FAMILY. NOW, THEY WEAR THEIR SHAMELESS BEHAVIOUR, LIKE A ROBE OF HONOUR, AND PEOPLE STEAL WITH IMPUNITY AT ALL LEVELS"

Wage Disparity The time is now to address the current disparity in the income of those who have everything and those who have precious nothing. I have emphasised the duties of the individual citizen to create a new and prosperous society. And how do we do that individually? We need certain principles of discipline such as: (1) the fear of God (2) industry (3) perseverance (4) courage (5) honesty (6) patriotism (7) compassion (8) lending a helping hand (9) environmental consciousness and preservation (10) scholarship and more besides. There are certain constants in a decent society which must not be compromised. Detractors Now, along the path of life, everyone will come across people who will malign you. You must never be distracted. You must pursue your goals; applying your God-given talents. In this regard, I quote St. Paul the Apostle: 2 Corinthians 4: 8-9: “We are troubled, Yet not distressed, We are perplexed, but not in despair persecuted, but not forsaken cast down but not destroyed.” We may “be knocked down, but we must not be knocked out.” Gender Discrimination I recall with unmitigated filial gratitude and affection that my beloved father did not discriminate between his male and female children. I salute all fathers, like my father, who treat the children equally because the fate of a nation depends on both the male and female citizens. Let us applaud those fathers. Conclusion As St. Paul said in Phillipians 4: 8: “Finally, brethren, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report; if there be any virtue, and if there be any praise, think on these things”. Let that admonition be “how to be a Nigerian”, not the bombastic caricature described by Peter Enahoro in his book: “How to be a Nigerian”. Finally, my elder Sister, Chief Stella O. Odesanya OFR, is 94 years old. So, see you all in the year 2022 for my 90th birthday. “Deo Volente”! I pause with thanks. Dated this 29th day of March, 2017 Chief ‘Folake Solanke SAN, OON, CON (PIP), B.A., Dip.Ed., FNIALS, LL.D (h.c), D.Litt (h.c.), D.Lit. (h.c.), D. Litt. (h.c.)

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11.04.2017

Lex African Alliance (LAA), a group of 26 African Law firms, held their Annual Conference in Lagos on April 7, 2017. Giwa Osagie & Co., the Nigerian Member of LAA, hosted the delegates to a cocktail party at the Wheatbaker Hotel, Ikoyi. Below are some of the personalities that attended. photos: Kolawole Alli

L-R: Mr. Winston Bell-Gam; Mrs. Bosede Giwa-Osagie, Mr. Osayaba Giwa-Osagie and Mrs. Modupe Solanke

L-R: Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, Mrs. Doyin RhodesVivour and Mr. Akintunde Esan

L-R: Mr. Yinka Sanni, Mr. Osayaba Giwa-Osagie, Mr. Osaro Isokpan; Host of the 25th Annual General Meeting of Lex Africa Conference, Mr. Pieter Steyn from South Africa and Minister of Industry, Trade and Investment, Okechukwu Enelamah

L-R: Nazima Malik, Publisher of Business Day, Mr. Frank Aigbogun and Mr. Richard Todd Slaughter

L-R: Professor Yinka Omorogbe, Mrs. Yemisi Subair, Justice Rita Pemu and Ebun Jackson Adekola

L-R: Suzanne Iroche, Mr. Bayo Adeleke, Mr. Bayo Ibirogba, Mr. Rilwan Belo-Osagie and Mrs. Osa Akinkunmi

L-R: Victoria Mcghee, Monica Hemben Eimanjeze and Nike Olafimihan

L-R: Mr. Sipho Ziga, Mr. Benjamin Haley and Mr. William Steuer

L-R: Mrs. Aisha Jidda, her husband, Brig. Gen. Adamu Jidda and Mr. Gbite Adeniji

L-R: Mr. Fred Coker, Mr. Lekan Onabanjo and Mr. Barin Epega

Mrs. Bosede Giwa-Osagie (left) and Chief (Mrs.) Opral Benson

L-R: Mr. Darkey Ephraim Africa, Mrs. Thomdiwe Africa and Mr. Lanre Kolade

T H I S D AY • TUESDAY, APRIL 11, 2017

BUSINESSWORLD

PERSPECTIVE

Kachikwu: Those Who Keep the Peace Will Be Rewarded In his latest podcast to Niger Delta stakeholders and the Nigerian public, Minister of State, Petroleum, Dr. Emmanuel Ibe Kachikwu speaks on the rationale and details of the Buhari administration’s 20 point plan for resolving the challenges of militancy in the Niger Delta Militancy in the Niger Delta is the biggest challenge facing the oil sector. At the highest point of the disruptions in 2016, we were producing about 1.2million barrels. That means we were losing literally one million barrels of oil per day. Jobs were out, pipelines were strewn all over the place, refineries couldn’t work to capacity, environment was degraded, we couldn’t even meet our contractual international obligations and the economy basically suffered. The Niger Delta issue is an old problem which has defied attempts by successive administrations to resolve. But the Buhari administration is taking steps headlong to resolve it once and for all. We have defined and outlined 20 strategic actions to help us to realize that objective. Engagement Town Hall Meetings The first strategic action is engagement, engagement, engagement. Beginning soon, we will be facilitating Town Hall Meetings once every two months. In these meetings, we will have the state government, the military, the oil companies, and the stakeholders. The objective will be to drill down on issues that affect the particular state, isolate the issues that are causing problems, and identify practical ways to deal with them. Ring Fenced State Approach Part of the problem with resolving the militancy problem in the Niger Delta is that it has been dealt with more as a broad national issue without drilling it down to the specifics. We intend to change that. Those who have kept the peace should also be given incentives. To achieve this, each state must develop a fit for measure solution. I will be working with state Governors to identify the peculiarities of every state and what we need to do to bring a solution to that state. Once we do that, the opportunities in contracting, securing the pipelines and other business opportunities within that particular state coming from the oil sector would go to that community substantially. The result is that indigenes of the state can protect themselves from incursions by criminal elements coming in from other states to cause confusion. Peace and Investment on State Basis If you have peace you have investment. If you don’t have peace you cannot have investment. The federal government would collaborate with states to propel investments to come into those areas that can guarantee peace. If they don’t provide the peace, they lose the jobs, the contracting that will enable the state to grow. So we are going to be launching a Peace & Investment Initiative on a State Basis so we can incentivize those states, who are able to maintain the peace. Core Business Focus (Modular Refineries, Plants, Refineries) At the heart of militancy is economics. That is why over time people have hijacked it from what was a real concern movement to crisis entrepreneurship. So we need to focus on bringing businesses into the region to create employment. To this end, we are going to focus on modular refineries. Our plan is to target one modular refinery per each of the oil producing state working with respective oil producing states and private investors. We are also going to look at gas processing plants and floating filling stations to address from a core business analysis the needs of a particular state. If you create the business you will create the jobs, you create an appreciation of the environment and take people away from core militancy. Jobs: 100,000 Target across Each State over The Next 5 Years This will be done using a public and private sector approach. I will be working with state governments to try and drive this initiative

Kachikwu

working with consultants and prospective investors. Incentive for Peace Scheme Under this scheme, the federal will drive international investment focus to states who are able to create peace. We’ll be looking at different structures to realize this objective. One of them is creating gas clusters and industrial parks export gas or oil parks which will enable them set up of investment areas that investors can come in on the basis that peace would be guaranteed. The peace will not only be guaranteed by the government of those states but by the youths and stakeholders who are really the

If you have peace you have investment. If you don’t have peace you cannot have investment. The federal government would collaborate with states to propel investments to come into those areas that can guarantee peace. If they don’t provide the peace, they lose the jobs, the contracting that will enable the state to grow

major beneficiaries of such a scheme. Massive Civil Infrastructure Revamp – Schools, Hospitals, Skill Centers Etc This is not only for the states. The reality is that all our pipelines are old. Most of our gas transmission and distribution systems are old. Our depots are hardly functioning. We will work with NNPC to source third party funds to massively carry out an infrastructural revamp of the assets that are required in the industry. The collateral effect of this is that lots of jobs would be created in the region. But in addition, we want to target specific investments in these areas. One specialist school per state. One Specialist hospital per state. One Specialist Skill Center per state. We need to pull people away from militancy, put them back into schools, and put them back into areas where they can have the kind of facilities that will make them proud of their areas. Clean Up Our Mess The President started strong with the launch of the Ogoni Clean Up Campaign. The process has begun. But there are a lot more clean ups like he said that needs to be done. We will continue to closely work with the federal ministry of environment to begin the work on cleaning the environment. It will be structured such that every state has a program for clean up working with the oil companies that operate in the communities. Clean up means work in the hands of people who are involved, it means better environment, it means they can begin to focus on agriculture. Domesticate Oil Business Activities Nothing is as sad as for people who produce resources as not having access to those resource opportunities. So as we begin to look at the marginal fields grants, refinery revamps, we are going to be creating opportunities for indigenes of those areas to participate but not to the exclusion of other Nigerians. Niger Delta Devt Fund Initiative Previously, some of these areas pay a big price for producing oil for the country. We need to find a way to attract foreign investors working with foreign investors, state and federal governments

to create a fund initiative to address long term cross border, cross state type of investment. Militancy to Education Initiative The key focus will be to move children from militancy to education. We will provide incentives in school. The federal government’s school feeding program will be introduced. We will create additional scholarship opportunities. Parastatals such as PTDF will be expanding scholarship schemes to some of these communities alongside oil companies so people will have an incentive to go back to school instead of engaging in criminal activities. State Amnesty Programme Amnesty has been a successful federal program in terms of what it has done to suck out people. A lot of the people who today work with us are ex militants. But the federal government cannot continue to fund amnesty on its own given the present financial condition. So I will be working with the Amnesty program Director, General Boroh to look at possibilities of instituting state amnesty programs. Youths involved in militancy will be pulled out, put in the amnesty program which will help them find work and train them under the support of the federal amnesty program. Policing for Peace – The Security Apparatus The first obligation of any government is to maintain the peace. We cannot continue a consistent pattern in which militants hold the federal government to ransom. It will not happen. The President we have is very focused, very direct and very experienced in this. We are going to try in our way to help equip the security apparatus to help them monitor and do their work better. Conclusion To be able to roll out this 20 initiatives, I have appointed a Special Adviser who will work in my office to make sure that we are keeping an eye on the ball, delivering on these results that are very critical. The time is very critical. We cannot continue to bleed. This country needs all the money that it can get. It needs all the stability that it can get in a period where we are going through a recessive environment.

T H I S D AY TUESDAY APRIL 11, 2017

T H I S D AY • TUESDAY, APRIL 11, 2017

BUSINESSWORLD

NEWS

Ugwuanyi in Talks with Enugu Disco over N2.6bn Unpaid Electricity Bills Company faults law makers’ vote of no confidence Stories by Ejiofor Alike The Enugu Electricity Distribution Company (EEDC) has said that it held a meeting at the weekend with the Governor of Enugu State, Hon. Ifeanyi Ugwuanyi over the N2.6 billion electricity bills owed by the state government. The distribution company has also faulted a vote of no confidence passed against it by the Enugu State House of Assembly, saying that the law makers were not fully briefed on the negotiations between the State Government and EEDC before they rushed to pass the vote of no confidence on EEDC. The company argued that no private company can afford to continue to provide services on credit to a customer owing over N2.6 billion. According to a statement by the company’s Head of Communications, Mr. Emeka Ezeh, an agreement was reached between the governor and the company on the payment of the outstanding. The statement added that part of the agreement was the immediate payment of N100 Million to EEDC and subsequent payment of N200 Million before end of April 2017. “Prior to now, a joint committee of the Enugu State Government led by the

Commissioner for Works and Staff of EEDC led by the Head of Revenue Cycle Services had reconciled the State Government accounts and agreed that the State owes EEDC slightly more than N2.6Billion. However, it was also agreed that another round of reconciliation of those accounts between EEDC and Enugu State Government will be carried out between 20th April and 4th May, 2017. Upon this final reconciliation, a payment plan will be negotiated between EEDC and the State Government,” Ezeh explained. Ezeh also pointed out that the two parties agree that EEDC will install prepaid meters in all Enugu State Government offices and secretariat. “It is important that customers realise that EEDC is a private company in a highly regulated industry that relies solely on revenue derived from electricity delivered to them. With a total outstanding debt to NBET of over N77 Billion, which includes the N2.6Billion owed by Enugu State, at 21 per cent interest rate EEDC had no choice but to disconnect some of the State Government offices,” the statement added. On the vote of no confidence passed against the company by the Enugu State House of Assembly, Ezeh said the law makers were not fully briefed

on the ongoing negotiations between the State Government and EEDC before they rushed to pass the vote of no confidence. “We hope that the Assembly will react differently when fully

CAPACITY BUILDING

The Federal Government of Nigeria, through the National Biotechnology Development Agency (NABDA), has announced plans to collaborate with Contec Global Agro Limited (CGAL), a private agriculture solution provider, to make the country a hub of improved agro inputs for enhanced agricultural productivity. The alliance was announced when the Director General/ Chief Executive Officer (CEO) of NABDA, Prof. Lucy Ogbadu, visited CGAL’s Tissue Culture Laboratories and other facilities of the firm at Maitama, Abuja. According to the company’s statement, CGAL is looking at exploring the inherent advantages in Tissue Culture (TC) technology for multiplication of quality seeds and plants for food security using best. During the guided tour of CGAL facilities conducted by Managing Director, Mr. Thomas Chackunkal, the NABDA DG admitted that she was highly impressed with the huge investment the company has made towards production of organic farm products for Nigerians. Expressing the FG’s readiness to support the efforts of CGAL, Prof. Ogbadu said NABDA is willing to offer sections of its 72-hectare land for CGAL’s research activities. The agency has also offered to evaluate the range of agro-inputs and other products from the stable of

CGAL, with a view to building the confidence of users and potential patrons. Speaking after the tour of the facility, Ogbadu affirmed that: “Our mandate at NABDA is to promote biotechnology in Nigeria. What I have seen here at Contec Global Agro Ltd is highly impressive and it is definitely beyond what I had expected. I congratulate CGAL on this bold project.” Continuing, the NABDA DG said: “We look forward to partnering with Contec Global Agro Ltd with a view to making great impact on the lives of the citizenry in no distant time from now.” According to her, the collaboration between NABDA and CGAL is worth going into, adding that government will not hold back from supporting CGAL by providing enabling environments, saying this would encourage other investors to stake their resources into the sector, especially at this time that the government of Nigeria is looking at the non-oil sector to jump-start and sustain the country’s economy. On CGAL’s choice of investment to set up the micro biology and tissue culture labs as solutions to the preponderance of poor quality agro-inputs for farmers in Nigeria, the NABDA DG said: “This testifies that there are investors who believe in biotechnology as driver of agricultural development. “There is no going back because for an investment

chain is facing enormous challenge, which is general and not peculiar to EEDC alone; customers therefore need to appreciate this fact. EEDC is committed to the development

of not just Enugu State, but the entire South East states; and has been carrying out its operations ethically and in compliance with regulatory guidelines.

L-R: Executive Director, Operations, Stanbic IBTC Pension Managers Ltd (SIPML), Mr. Steve Elusope; Head, Computation & Remittance, National Pension Commission, Alhaji Mohammed Usman; and Head, Business Development, SIPML, Mrs. Nike Bajomo; at an employers’ forum organized by SIPML in Enugu ... recently

Contec Global Agro, NABDA Partner for Food Security Crusoe Osagie

briefed. Sadly, our highest debtors are Ministries, Departments and Agencies (MDAs) of the various levels of Government,” Ezeh added. “The electricity supply value

of this magnitude and for CGAL to put their money into agricultural research for food security and economic diversification is indeed encouraging to government. “Perhaps more should be done for government to come and see the facilities that CGAL has and to equally encouraged government investment in science and technology particularly biotechnology. Ogbadu said there cannot be economic diversification using agriculture without going through biotechnology, stressing that agricultural biotechnology is key towards stirring the much needed revolution in Nigeria’s agriculture sector. She said: “It is evident that Contec Global Agro Ltd is all about the production of quality planting materials and seeds materials if given the enabling environment for the farmers to come up with higher yields. Definitely this is where to start from.” Ogbadu, however, stated that CGAL cannot do it all alone, saying: “they need to partner with our local seed farmers, local seed companies so that they can have good uptake of what they are doing so that their products can be fully utilised by our farmers.” In his remark, Chackunkal, said the way forward in meeting Nigeria’s food challenge is collaboration, stressing that CGAL has developed 22 biological through micro biological and tissue culture to assist the farmers increase their yields.

T H I S D AY TUESDAY APRIL 11, 2017

TUESDAY APRIL 11, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Syria War: G7 Seeks United Front on Assad and Russia The search for a unified approach to the Syria conflict after last week’s suspected chemical attack looked set to dominate as talks between G7 nations got under way in Italy on Monday. Foreign ministers are focusing on how to pressure Russia to distance itself from Syrian

President Bashar al-Assad. Allies will also be seeking clarity from the US on its Syria policy, after some apparently mixed messages. US Secretary of State Rex Tillerson strongly criticised Russia on Sunday. He said that it had failed to prevent Syria from carrying out

a chemical attack on the rebelheld town of Khan Sheikhoun last Wednesday which left 89 people dead. But he also clarified there had been “no change to our military posture” in Syria following a retaliatory US strike against a Syrian airbase, and that

Washington’s “first priority” in Syria was to defeat so-called Islamic State (IS). Those comments came a day after the US ambassador to the United Nations said there was no way to stabilise Syria with Mr Assad as president. “In no way do we see peace in

Egypt Trains Imams, Religious Scholars on Prevention of Radicalism, Extremism in Africa Alex Enumah in Abuja The Cairo Centre for Conflict Resolution and Peacekeeping in Africa (CCCPA) has conducted its third pilot training on ‘Preventing Radicalisation and Extremism Leading to Terrorism (PRELT) Africa’. The training which was held between March 27 and 31, 2017 in Cairo, Egypt, was primarily conceived for Imams and religious scholars aimed at consolidating peace, security and stability in Africa. According to a statement from the Press and Information Officer of the Egyptian Embassy in Abuja, Ahmed Maher, the training which is the first of its kind in Africa, was aimed

at equipping local leaders and influencers with the necessary knowledge and skills to refute extremist interpretations of Islam, while propagating an alternative narrative of peace and coexistence within their local communities. “The training provides a unique approach through the inclusion of fundamental and straightforward explanations of the rules and ethics of war and peace in Islam,” parts of the statement noted. It added that a distinguished Azhari scholar delved into the foundations of peace narratives in Islam, while trainers, with in-depth expertise in Nigerian affairs, analyzed the local context

within which those narratives have an impact. According to the spokesperson of the embassy, the distinctiveness of CCCPA’s approach also relied on the understanding of radicalisation and extremism in Nigeria through conflict analysis. “This approach takes into consideration the individuality of the pathway towards radicalisation while acknowledging both contextual as well as personal variables. “The training is exercisebased to provide an interactive and engaging space for participants while allowing them to perform content analysis of extremist narratives

and build their own inclusive peace narratives,” Maher stated. Twenty-two tribal, religious, youth and women leaders and influencers from across Nigeria participated in the training. Among them were teachers, journalists, public servants and members of the civil society. Maher disclosed that the centre envisages delivering an advanced training course with in depth focus on the theological aspects of PRELT. “This training is conceived especially for Imams and other religious scholars. CCCPA plans to expand its geographical scope to include other affected and vulnerable regions including the Sahel and Sahara regions as well as North Africa,” he said.

that area with Assad as the head of the Syrian government,” Nikki Haley told NBC’s Meet the Press. However, she had said last week that Mr Assad’s removal was no longer a US priority. Ahead of the meeting of G7 foreign ministers in the city of Lucca, in Tuscany, on Monday, Mr Tillerson took part in an international wreath-laying ceremony to remember those killed in a Nazi massacre of villagers at Sant’Anna di Stazzema in 1944.

He drew a parallel to last week’s chemical attack, saying: “We rededicate ourselves to holding to account any and all who commit crimes against the innocents anywhere in the world.” Shortly before the talks got under way, UK Foreign Secretary Boris Johnson said further sanctions against Syrian and even Russian military officials would be discussed, and that President Vladimir Putin risked “toxifying the reputation of Russia” in its continued support of Mr Assad.

T H I S D AY TUESDAY APRIL 11, 2017

T H I S D AY •TUESDAY, APRIL 11, 2017

BUSINESS/MONEYGUIDE

BDCs Seek FX Rate Review, Increased Allocation Nume Ekeghe The Association of Bureaux de Change Operators of Nigeria (ABCON) has called on the Central Bank of Nigeria (CBN) to review the margin allowed to sell to customers from N2 to N10 and also increase foreign exchange (FX) allocation given to the sub-sector weekly. The acting President, ABCON, Alhaji Aminu Gwadabe said this at an emergency meeting with Managing Directors/Chief Executive Officers of BDCs in Lagos yesterday. However, Gwadabe and other operators at the meeting applauded the central bank for its improvement in supply, which saw BDCs receive $20,000 last week. But they argued the margin they are allowed to sell to end users at N2 was too small. Gwadabe said: “We have told the regulators that margin is small. The margin of N2 is too small the CBN should review that margin to at least N10 per dollar.” Furthermore speaking on the side-lines, he added: “The BDCs from the resolution have resolved to ensure that the challenge spike and volatility in the foreign exchange market. We would corporate with the central bank as we always do so that we narrow the gap between the parallel market and the also the official market.

“We are looking at a very acceptable target. There are lots of pressure from the IMF who says our naira is overvalued and also pressure from speculators, black market operators and people who carry hot money. “We are looking at a very acceptable margin between the official and the parallel rate at max it shouldn’t be more than five per cent.” He also urged operators to abide by the rules and regulations of the association so as not to embarrass ABCON. “We also advise the CBN to at least be accepting utilisation documents that comes from the association so that they can verify the documents our members are using to ensure that erring members are also being sanctioned from the market. “On the issue of the BDC office where N450 million was found, we have done investigation and the thing is still under the security purview. “But we can assure you that our investigation is on-going, we have identified the characters involve and we are going to write them to invite them. The reason we call this meeting is to say that we condemn it in entirety. “If you are a member and you are found with N500 mill that is total abuse of the Know-Your-Customer policy.

It is a total abuse of the cash transfer report, it is total abuse of the suspicious transaction report and that is the message we have told our members that they must respect those compliances.” Also he said the association in collaboration with the Nigerian Interbank Settlement System (NIBBS) was working on a platform which would register end-users real-time to avoid infringements. “Sometimes it is difficult to know that an end-user has used that passport. They so perfect it that even if you put stamp, they can go and clean it and represent it to you to buy dollars. So what we are doing with NIBBS is that there is a platform that they have developed whereby all the passport that buys dollars will be stored on that platform. “So a BDC will just go into that platform and impute the passport number and it will show if that passport has been used by a particular bank or BDC.” Furthermore, he said: “Since the CBN resumed selling dollars to BDCs, the market has gained more liquidity and naira strengthened to a large extent. The foreign exchange speculators have suffered major losses because of the role of genuine BDCs in helping the CBN to put them under sever check.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

DECEMBER 2016 Broad Money (M2)

23,840,392.42

-- Narrow Money (M1)

11,520,166.67

FG to Pump N3trn into Bank of Agriculture

---- Currency Outside Banks

1,820,415.90

---- Demand Deposits

9,699,750.76

Sheriff Balogun in Abeokuta

-- Quasi Money

12,320,225.75

The federal government plans to pump N3trillion into the Bank of Agriculture (BoA) with the aim of making farmers have access to fund at an affordable interest rate. According to the government, access to funding remained one of the biggest challenges facing farmers in the country. The Minister of State for Agriculture, Senator Heineken Lokpobiri disclosed this in Abeokuta, Ogun State capital during the inaugural harvest of a Tillapia fish farm of Premium Aquaculture Limited, Oyan Dam. He said commercial banks were not ready to fund agriculture, hence the decision by the federal government to recapitalise BOA was to facilitate the diversification of the country’s economy to agriculture. He therefore, disclosed that the nation’s fish demand stood at 3.1 metric tonnes per annum

but currently hovering around 1.1 metric tonnes per annum, leaving a deficit of 2.1 metric tonnes. According to him, the government resorted to backward integration to encourage local fish farmers and bridge the gap between demand and supply. He said: “When this administration came on board, the supply was around 800,000 metric tonnes per annum, but due to government policy on fishery by the ministry of agriculture, the country is now doing 1.1 metric tonnes per annum.” However, former president Olusegun Obasanjo, who was a guest at the event, appealed to the federal government to create an enabling environment for investors in agriculture to thrive in the country. While speaking on his personal project on zero hunger by 2025, Obasanjo called on the company to encourage out growers, to ease transfer of technology and create employment opportunities

for the youth. The company’s Farm Manager, Mr. Govin Daraju in his remark, said the company intended to produce more than 20,000 metric tonnes of fish locally in the next five years. He said: “The project site at Oyan dam, Abeokuta has 100 cages under operation and another 100 cages are under fabrication. The installation would be completed later this year.” He noted that Hatchery facility adjacent to the cage site has a capacity to produce 12 million fingerlings per annum that can supply half of the country’s present tilapia fingerlings requirement. “The company is not only investing in fish production but also conducting training programs for fresh fishery graduates as well as small scale fish farmers across the country, which is helping them to produce the fish cost effectively”, he stressed.

Net Foreign Assets (NFA)

9,353,504.03

Net Domestic Assets(NDA)

14,486,888.39

-- Net Domestic Credit (NDC)

26,774,684.47

---- Credit to Government (Net)

4,595,579.89

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

7,436,917.79

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

-2,841,337.90

---- Credit to Private Sector (CPS)

22,374,718.08

--Other Assets Net

-12,483,409.58

Reserve Money (Base Money)

5,837,322.41

--Currency in Circulation

2,179,174.28

--Banks Reserves

3,318,344.71 • Source - CBN

MONEY MARKET INDICATORS (%) December 2016 Inter-Bank Call Rate

10.39

Monetary Policy Rate (MPR

14.00

Treasury Bill Rate

13.96

Savings Deposit Rate

4.18

1 Month Deposit Rate

8.53

3 Months Deposit Rate

8.80

Group Advocates Gender Equality

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Ugo Aliogo

Prime Lending rate

17.09

Maximum Lending Rate

28.55

The newly elected National President of the Soroptimist International of Nigeria (SINA) Mrs. Nneka Chris-Aseloka has restated the commitment of his association to address the issue of gender equality. He also stated that there was need for women to achieve their full potential and take full control of their lives. Chris-Aseloka, who made the remarks recently at the Installation/Change of Insignia of the 21st National President of SINA stated that the ad-

ministration would focus on empowering and sustaining the 14 Soromptist clubs in Nigeria include SI Abuja, SI Apapa, SI Asaba, SI Awka, SI Ikoyi among others. Chris-Aseloka added: “Enabling women to achieve their full potential and thus empowering them to control their lives and know their rights. “We strive to make immense contribution by reducing women poverty by providing access to education, adult education centre for women who were not opportune to be

educated in their earlier age. “In our quest to ensure quality education for all and promoting gender equality, we have put in place scholarship schemes for young girls to further their education up to the university level. “Many girls are denied education thus preventing them from achieving their potential committing them to a life of poverty and all that it entails. “Getting it right for women is to finding appropriate solutions for the millions of families and individuals, the slave and homeless.”

• Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY 7, APRIL 2017

The price of OPEC basket of thirteen crudes stood at $52.91 a barrel on Friday, compared with $51.82 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), 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)

T H I S D AY •TUESDAY, APRIL 11, 2017

MARKET NEWS

Filing Deficiency: NSE May Suspend Trading of Conoil, A.G Leventis, Niger Insurance Others Goddy Egene and Nosa Alekhuogie

90 days. The companies are: A.G Leventis Nigeria Plc; African Alliance Insurance Plc; Austin Laz & Company Plc; Capital Hotel Plc, Conoil Plc; Niger Insurance Plc, Premier Paints Plc, Resort Savings & Loans Plc, Smart Products Nigeria Plc; Sovereign trust Insurance Plc

and Union Diagnostic & Clinical Services Plc. According to the NSE, the companies have missed the deadline to file their AFS for 2016, that was due on Friday, 31 March 2017. “As the companies failed to file their AFS by the due date, the companies have violated

Rule 1.1.4, Rules for Filing of Accounts and Treatment of Default Filing, Rulebook of The Exchange (Issuers’ Rules) , which requires listed companies to file their AFS “with the exchange not later than 90 calendar days after the relevant year end. Further, Rule 1.1.4 requires

that the AFS must be “published in at least two national daily newspapers not later than 21 calendar days before the date of the annual general meeting, and posted on the company’s website, with the web address disclosed in the newspaper publications. An electronic copy of the

publication shall be filed with The Exchange on the same day as the publication,” the exchange said. It explained that in line with its zero tolerance policy on infractions, it has notified the public of this rule violation by the companies through its X-Compliance report.

DAILY STOCK MARKET REPORT

The Nigerian Stock Exchange (NSE) yesterday said it might suspend trading in the securities of 11 companies if they fail to file their audited financial statements (AFS) for the year ended December 31, 2016 within

T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY • TUESDAY, APRIL 11, 2017

MARKET NEWS

Dangote Promises to List, Refinery, Fertiliser Firms on NSE Goddy Egene President, Dangote Group, Alhaji Aliko Dangote yesterday promised capital market stakeholders that Dangote Refinery and other new companies being created under the Dangote group would be listed on the Nigerian Stock Exchange (NSE) as a way of spreading prosperity to more Nigerians. Dangote, who is a former President of the NSE, made this promise at the exchange when

he sounded the closing gong as part of activities to celebrate his 60th birthday. Four companies in the Dangote Group-Dangote Cement, Dangote Sugar Refinery, Dangote Flour Mills, and NASCON Allied Industries Plc-are already listed on the NSE. The companies, with a market capitalisation of N2.923 trillion, represent about 33 per cent of the total capitalisation of listed equities. However, determined to further spread his wealth to more investors through 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.

stock market, Dangote said he would list the refinery, petrochemical, and fertilizer companies that would soon come into operations.. According to Dangote, he we will continue work with the federal government to diversify the economy and spread prosperity to Nigerians. “We will list every single company that will be created by Dangote Group of companies under me. Very soon, we will start having our annual general meetings in stadium not halls

Investors can buy these ‘shares’ on the 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 07-

due to the large shareholders we will be targeting. We will be having up to two million shareholders in the next 10 years,” he said. He commended the stockbroking community, saying the support from the market has helped the group in a very tremendous way. Responding on behalf of the capital market community, the former Chairman of the Association of Stockbroking Houses of Nigeria (ASHON), Alhaji Rasheed Yussuf

commended the contributions of the Dangote to the growth and development of the Nigerian capital market. He said his decision to celebrate his birthday with the capital market community is a testimony to the mutually beneficially relationship between Dangote, brokers and capital market in generally. Although he noted that the tenure of Dangote as the president of NSE was the most challenging period for the capital market, Dangote worked to

ensure stability in the market. According to him, the NSE was faced with a serious management succession crisis, while the market contended with the ravaging margin loans crisis. “In the midst of these, Dangote worked tirelessly with ASHON, leveraging on his contacts which led to the setting up of Asset Management Company of Nigeria (AMCON) and eventual resolution of the margin loans problem,” Yusuf said.

Apr-2017, unless otherwise stated 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 aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 130.44 131.00 2.73% Nigeria International Debt Fund 218.64 219.44 1.60% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.71 0.72 2.08% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 17.28% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 12.60 12.98 2.08% ARM Discovery Fund 295.09 303.99 2.76% ARM Ethical Fund 23.00 23.70 2.97% ARM Money Market Fund 1.00 1.00 15.84% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 107.50 108.26 2.21% AXA Mansard Money Market Fund 1.00 1.00 17.52% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 10.00% Paramount Equity Fund 9.61 9.86 2.69% Women's Investment Fund 87.83 90.08 3.82% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 18.07% FBN CAPITAL ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,142.39 1,143.58 4.77% FBN Heritage Fund 110.41 111.17 -1.05% FBN Money Market Fund 100.00 100.00 18.29% FBN Nigeria Eurobond (USD) Fund - Institutional $107.58 $108.27 3.39% FBN Nigeria Eurobond (USD) Fund - Retail $107.28 $107.97 3.80% FBN Nigeria Smart Beta Equity Fund 118.06 119.60 4.78% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 0.97 0.99 4.26% Legacy Short Maturity (NGN) Fund 2.67 2.67 3.97% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,280.89 2,308.72 3.27% Coral Income Fund 2,206.88 2,206.88 4.88% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 17.74% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 1.00 1.00 17.14% Vantage Balanced Fund 1.73 1.74 2.69% Vantage Guaranteed Income Fund 1.00 1.00 16.66%

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 1.02 1.04 3.36% Lotus Halal Fixed Income Fund 1,032.17 1,032.17 2.91% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 10.00 10.09 3.50% Meristem Money Market Fund 10.00 10.00 16.40% 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 1.13 1.15 7.78% PACAM Fixed Income Fund 10.47 10.52 0.69% PACAM Money Market Fund 10.00 10.00 16.42% 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 113.05 113.98 11.04% 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 1.28 1.28 2.82% 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 1,866.56 1,876.02 1.90% Stanbic IBTC Bond Fund 156.70 156.70 1.78% Stanbic IBTC Ethical Fund 0.77 0.78 0.65% Stanbic IBTC Guaranteed Investment Fund 193.94 193.94 3.77% Stanbic IBTC Iman Fund 134.09 135.95 3.33% Stanbic IBTC Money Market Fund 100.00 100.00 17.62% Stanbic IBTC Nigerian Equity Fund 7,443.31 7,530.27 -1.84% 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 1.16 1.17 11.56% United Capital Bond Fund 1.28 1.28 15.45% United Capital Equity Fund 0.66 0.68 1.82% United Capital Money Market Fund 1.15 1.15 11.35% 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 10.26 10.44 6.39% Zenith Ethical Fund 11.52 11.64 5.52% Zenith Income Fund 17.48 17.48 5.80%

REITS

NAV Per Share

Yield / T-Rtn

11.41 125.87

1.01% 1.53%

Bid Price

Offer Price

Yield / T-Rtn

8.38 72.94

8.48 74.31

-4.53% -3.75%

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

2.70 6.19 11.95 16.69 129.17

2.74 6.27 12.05 16.89 131.17

-1.79% -11.88% -0.41% 4.61% -0.54%

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 APRIL 11, 2017 • T H I S D AY

NEWS

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

Fowler: FIRS Collected N3.03tn Tax in 2016 Says national tax roll hits 14m

Ndubuisi Francis in Abuja In spite of the economic downturn, the Federal Inland Revenue Service (FIRS) recorded a total tax collection of N3.303 trillion in 2016. No fewer than 14 million taxpayers were also captured in the national tax roll as at December 2016. The introduction of its “waiver of interest and penalty” policy, FIRS added, has so far equally raked in N27 billion. The policy was designed to promote voluntary compliance and shield taxpayers from the burden of carrying forward tax liabilities arising from penalty and interest.

The Executive Chairman of FIRS, Mr. Babatunde Fowler, made the disclosures at the opening of a fiveday journalism training programme on taxation, sponsored by the FIRS, in Abuja. Fowler, who was represented at the occasion by the FIRS Director, Debt Management, Mr. Femi Faniyi, noted that in spite of a challenged economy, his agency recorded a N3.303 trillion collection “in a year when oil prices dropped to less than $50 a barrel for over nine months and when the value of stocks on the Nigerian Stock Exchange (NSE) slid and purchasing power was slim. “The average oil price was

Ex-First Lady, Patience Jonathan Sighted at Skye Bank in Abuja Kasim Sumaina in Abuja A mild drama ensued yesterday at the Maitama branch of Skye Bank in Abuja between the former First Lady, Mrs. Patience Jonathan and the officials of the bank. Mrs. Jonathan, who according to a source, arrived at the bank premises as early as 10a.m. in her attempt to cash a cheque, was denied by what a source within the bank noted was in line with the directive of the Economic and Financial Crimes Commission (EFCC). A Federal High Court in Lagos had last Thursday ordered the unfreezing of the Skye Bank account of the former first lady alleged to contain $5.8 million. The EFCC had in November

2016 filed an application before the court seeking an order freezing the account. Dressed in flowing gown, Patience, full of smiles, was seen living the bank premises some minutes past 4 p.m. All attempts to speak with her proved abortive as her security aides shielded her from journalists, and in the process, broke the camera of one of the journalists. However, a source within the bank disclosed that in line with the EFCC’s directive, she was unable to cash her cheque. All efforts to speak with her lawyer, Mr. Ogboli, proved abortive as he managed to muttered some words: “All is well, we will issue a statement on this; we will certainly get back to you.”

Osinbajo Blames Tension Between Executive and N’Assembly on Weak Party Structures Legislature cannot be silenced by the executive, says Saraki Adedayo Akinwale in Abuja Vice-President Yemi Osinbajo yesterday blamed the tension between the executive and the legislature on weak party structures, saying that it was not acceptable for any lawmaker to create roadblocks in the path of programmes for which a party was elected into power. The vice-president said this in Abuja at an event organised by the National Institute for Agency and Strategic Studies (NIPPS) with the theme, “Political Party Supremacy and the Dynamics of Parliamentary Autonomy in Nigeria: Towards a More Harmonious Relationship.” Osinbajo who was represented by his Special Assistant, Political Matter, Mr. Babafemi Ojudu said while it was good to pay attention to the tension between the executive and the legislature, he said there was no cause for alarm because the country’s democracy was work in progress and shall continue to get better.

He blamed the present tension between the legislature and the executive on the inability of party leaders to build strong political parties, adding that several party members usually decide to cross carpet the moment their party is no longer in power. According to him, “On the issue of supremacy and autonomy, concern should be directed at strengthening our political parties. As things stand today, our political parties are very weak. “We need to be able to strengthen them and that’s also why I disagree with our former Senate President, Ken Nnamani who says Nigerians have a right under the constitution to go from one party to the other. “If we keep jumping from one party to the other, there will be no way we are going to strengthen the existing ones. People should be able to stay in their political parties and work at strengthening them. “Leaders built parties and not

Cont’d on page 43

about $100 per barrel between 2012 and 2015. “The Service is convinced that with progressive application of technology, persuasion and enforcement on recalcitrant taxpayers, and partnership with key stakeholders like the media, we will collect sufficient revenue for the nation in 2017.” Fowler noted that in a bid to expand the tax net, his agency commenced a massive nationwide registration exercise of new taxpayers, culminating in the registration of 814,000 additional taxpayers by December 2016. According to him, 3.4 million taxpayers were also registered by State Internal Revenue Services (SIRSs) as at Decemeber last year. Fowler put Nigeria’s national tax roll at 14 million as at last December. The FIRS, he said, successfully implemented a waiver of interest and penalty for three years (2013 to 2015).

The service, by this entirely new idea, Fowler stressed, has so far realised N27 billion. The FIRS chief executive also pointed out that the ease of tax payment model, which requires taxpayers to file their tax returns at the FIRS offices nearest to them has increased compliance. This, he stated, eased the burden of taxpayers who have had to travel from far places to pay their taxes. He listed some other positive results recorded by the agency to include improved collaboration with the office of the Accountant-General of the Federation to ensure that the ministries, departments and agencies (MDAs) remit taxes such as Withholding Tax (WHT), and Value Added Tax (VAT) promptly through the Government Integrated Financial Management Information System (GIFMIS). The FIRS boss also alluded to the collaboration with the Joint Tax Board and State Internal Revenue Services on several fronts such

as taxpayer enlightenment, tax enforcement and registration of new taxpayers. Other areas, he listed, included tax education, enlightenment and media campaigns. In order to engage and sensitise taxpayers, the FIRS, he added, established the Federal Enlightenment and Engagement Tax Teams (FEETT) to engage and enlighten taxpayers nationwide. Fowler observed that Interagency collaborative handshake with other government agencies such as the Nigeria Customs Service (NCS), Federal Road Safety Commission, (FRSC), Nigeria Immigration Service and the Corporate Affairs Commission (CAC) was being strengthened. On information communication technology (ICT) infrastructure, FIRS boss stated that the deployment of technology, expansion and deepening of ongoing ICT initiatives became a marked feature of FIRS’ bid to

shore up non-oil revenue. On the training programme for journalists, Fowler said the media had been one of the major stakeholders and partners of the FIRS. “The media has demonstrated understanding in reporting FIRS’ progress and tax issues in general. You have also been understanding... “Journalists seek the truth; they hold leaders accountable and together with scholar-activists and change agents, they point the course which societies could chart. Journalism in Nigeria has a very rich past. Its variant role in Nigeria’s anti-colonial struggle and sacrifice against military rule is a global knowledge. “In the last two and half decades, journalists exposed the Koko Nuclear Toxic wastes, which compelled Italy to evacuate her cargoes of death from Nigeria and the exposure of the dehumanising work conditions in a Chinese factory in Lagos,” he stated.

BIRTHDAY @ NSE FLOOR

L-R: Chairman, Forte Oil Plc, Femi Otedola; First Vice President, Nigerian Stock Exchange (NSE), Abimbola Ogunbanjo; Chief Executive Officer, NSE, Oscar N. Onyema; Second Vice President, NSE, Abubakar Balarabe Mahmoud (SAN); Daughters of the celebrant, Mariya Aliko Dangote; Halima Aliko Dangote; Ex-officio, NSE and President, Dangote Group, Alhaji Aliko Dangote; Daughter of the celebrant, Fatima Aliko Dangote; President, NSE, Mr. Aigboje Aig-Imoukhuede; Chairman, Zenith Bank Plc, Jim Ovia; and CEO, Access Bank Plc, Herbert Wigwe, at the Dangote @ 60 closing gong ceremony at the Exchange in Lagos...yesterday.

NNPC Cuts January Trading Losses to N14.2bn, Increases Refining Capacity by 29% Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has reported a reduced trading deficit on its operations for the month of January 2017, noting that its deficits came down to N14.26 billion from the N17.01 billion its recorded in December 2016. The corporation also noted that the combined installed capacity utilisation of its refineries in Port Harcourt, Warri and Kaduna increased by about 29 percentage points in January 2017 when compared with their performances in December 2016. According to the latest monthly financial and operations report of the NNPC for the month of January, the capacity utilisation

of the refineries rose to 36.73 per cent in January 2017 as against 7.55 per cent in the previous month of December 2016. The report was released in Abuja yesteday by the corporation. It ascribed the improvement to the implementation of the 12 Business Focus Areas (BUFA) strategy introduced by the Group Managing Director of the NNPC, Dr. Maikanti Baru. According to the report, the refineries benefitted from the introduction of a new Refineries Business Model under the 12 BUFAS strategy which has transformed them from “tolling plants to merchant plants” thereby placing them on the path of profitability. It said it recorded a N2.75 billion

reduction in its trading deficit in the period under review, thus putting the total trading deficit at N14.26 billion. “This represents about 16.19 per cent improvement compared to N17.01 billion recorded in December 2016, in spite of the corporation’s challenging situations which limit its aspiration to profitability,” said the report. NNPC explained that the Port Harcourt Refining Company (PHRC) and Warri Refining and Petrochemical Company (WRPC) posted surpluses of N5,115,000,000 and N404, 000,000 respectively. It stated that under the new refinery model, each refinery purchases crude oil at export parity price, processes and sells the corresponding products on

its own account. “This is different from the previous ‘Tolling Plant’ model where the refinery does not take title to the crude, but rather charges a tolling/processing fee to the owner of the crude which was PPMC on behalf of the corporation,” the report stated. Apart from PHRC and WRPC, NNPC said five other of its subsidiaries also posted surpluses. These, it added include the Nigerian Petroleum Development Company (NPDC), the Nigerian Gas Pipelines and Transport Company (NGPTC), NNPC Retail, the National Engineering and Technical Company (NETCO), and the Integrated Data Services Ltd (IDSL).

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El-Rufai Replies Dogara, Gives Details of Security Vote, Salary Challenges Dogara to do same

John Shiklam in Kaduna The Kaduna State Governor, Mallam Nasir El-Rufai, yesterday disclosed details of expenditure by the state government following last Friday’s accusations by the Speaker of the House of Representatives, Hon. Yakubu Dogara. Yakubu and the governor had last Friday challenged each other on issues of accountability while speaking at the end of a retreat for the management of the National Assembly in Kaduna. El-Rufai had in his remarks during the occasion, asked the National Assembly to make its budget public for the sake of accountability. However, in his comments, Dogara had challenged state governors to make public how they spend their security votes and local government funds. The governor in a statement in Kaduna yesterday said he operates a transparent government, adding

that there was nothing to hide about his expenditure. The governor who gave details of the state government expenditure including his salary and pay slip, also challenged Dogara to present details of the National Assembly budget. The governor reiterated his call on the National Assembly leadership to also disclose the details of the National Assembly budget and the salaries and allowances of its leadership. The statement said the call to the National Assembly was not a personal one, but it is one which the leadership of the National Assembly owes to all Nigerians. The statement signed by Samuel Aruwan, spokesman to the governor, said the challenge is a necessary step to improve and strengthen democracy, stressing that the Kaduna State Government has consistently made public all its budget details. Explaining, further, the statement

disclosed that details of actual spending in 2015 for security in the state budgets are also publicly available via the annual report of the Accountant-General of the Federation accessible on www.kdsg.gov.ng. adding that the 2015 accounts of the state government have been audited, and the audit summary published in major newspapers and on the state website on June 2016. The statement said the state government would continue to remain transparent and open in all its finances. “El-Rufai is today making publicly available his pay-slip as

governor of the state. In February 2017, the state government paid the governor a net salary of N470,521.74, with the following details: Income, Deductions, Basic Salary N185,308.75, Hardship Allowance -N370,617.50, Gross PayN555,926.25 PAYE - N85,404.51, total deduction - N85,401.51, Net Pay- N470,521.74. “The amount may appear puny but it reflects what the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) approved as the salary and allowances of every state governor adjusted to reflect provision in-kind of accommodation and transportation.

“El-Rufai would like to reiterate his call for the National Assembly leadership to do the same and disclose the details of the it budget, and the salaries and allowances of its leadership. “The call to open National Assembly is not a personal one. It is one which the leadership of the National Assembly owes to all Nigerians. It is therefore disingenuous for the Speaker to use sate government budgets as the excuse for the opacity of the National Assembly budget. In 2016, the National Assembly budget for its 469 members was larger than the capital budget

of Kaduna State, with close to 10 million inhabitants. It is also larger than the entire budget of several Nigerian states. Indeed, over the past 10 years from 2008, the National Assembly as an institution has cost the country over a trillion naira without any detail on how this amount was allocated and spent. “There is no state government in Nigeria with a budget nearly as opaque as that of National Assembly. In March 2016, this National Assembly, led by its Chairman, promised to provide a detailed breakdown of the National Assembly budget. Nigerians are waiting,” the statement said.

EFCC Uncovers Another Cash Haul A tip from a whistleblower yesterday led operatives of the Economic and Financial Crimes Commission (EFCC) to intercept huge sums of money in various currencies at the popular Balogun market in Lagos. According to a statement by the commission’s spokesman, Mr. Wilson Uwajaren, the monies included €547,730 and £21,090 as well as N5,648,500. “The total haul was about N250million at the prevailing exchange rate at the parallel market,” he said. The interception followed information that about N250 million cash was being moved somewhere

in the market for conversion into foreign currencies by unnamed persons, he added. “Operatives responded timely, met the money in the bureau de change office, but a large chunk of it had been converted into Euro and Pounds Sterling. “The BDC operators found in possession of the monies claimed they were acting on behalf of their boss who sent the money to them from one of the Northern states in Nigeria. “Two persons apprehended in the course of the raid are helping the commission in its investigation,” EFCC added.

APC to Hold NEC Meeting April 25, Suspends Mini Convention Onyebuchi Ezigbo in Abuja The National Executive Committee (NEC) meeting of the All Progressives Congress (APC) has been scheduled for April 25. The NEC is to take place after a national caucus meeting which will hold on April 24. The new fixtures were disclosed yesterday by the APC National Chairman, Chief John Odigie-Oyegun, while speaking with journalists at the party’s headquarters in Abuja. Oyegun confirmed THISDAY’s exclusive report last Sunday regarding the suspension of plans for a mini convention, saying the April 29 tentative date for the convention had been put on hold subject to confirmation by the NEC meeting. He said: “Well, the party would hold a caucus meeting on April 24, NEC on April 25 and it is NEC that would decide the date for the convention.” The National Working Committee (NWC) of the party had fixed the April 29 mini convention after its consultative meeting with the APC governors in the month of March at the national secretariat of the party. Although the party leadership

keep denying it, THISDAY learnt that the convention had to be shelved due to paucity of funds and other unresolved issues. As part arrangements for the non-elective convention, APC had it would hold state congresses to nominate delegates and to fill vacancies that occurred principally from political appointments, deaths and resignations. It also plans to carry out constitutional amendments to accommodate some changes in the nomenclature and composition of its Board of Trustees (BoT) . Meanwhile, Oyegun yesterday made some clarifications over the nature of the ongoing continuous membership registration in the party. In a statement issued by Oyegun, he assured members and supporters of the party that the membership registration exercise is for new members only. “The ongoing nationwide membership registration is neither a fresh registration exercise nor a re-registration exercise for old members. All existing registered members are therefore excluded from the fresh exercise. The clarification comes in reaction to uncertainties raised by some of our esteemed members on the exercise,” he said.

GIVE ME MY MONEY

Former First Lady, Mrs. Patience Jonathan (second right), at the Maitama Branch of Skye Bank House in Abuja....yesterday Kingsley Adeboye

PDP Accuses APC-led Government of Muzzling Opposition Onyebuchi Ezigbo in Abuja The National Caretaker Committee of the Peoples Democratic Party (PDP) led by Senator Ahmed Makarfi has raised the alarm over the alleged unconstitutional and indiscriminate arrests and detention of its members and supporters nationwide by the All Progressives Congress (APC)-led federal government. It said it had been alerted of plans by the federal government to tap mobile telephone lines and hack other devices of citizens as a way of harassing and intimidating them into silence. The PDP, which warned that it would no longer tolerate the high handedness of the APC, demanded the unconditional and immediate release of Mr. Austin Usman Okai and all other members held in several detention centres of security agencies across the country. In a statement issued by the

spokesman of the caretaker committee, Mr. Dayo Adeyeye, the main opposition party said it was drawing the attentions of the international community and world leaders to the serious issues of human rights violation in Nigeria since the APC administration took over power in May 29, 2015. PDP described the alleged actions of the APC-led administration as disheartening and serious threat to democracy. “These actions of the ruling party, the APC, is absurd, disheartening and a serious threat to our hard- earned democracy. Nigerians cannot and should not be arrested and detained indiscriminately for criticising and holding the government accountable. Constructive criticism is the primary responsibility of opposition in a democracy all over the world, and Nigeria cannot be an exception,” it said. The statement a catalogue of

several cases of unlawful arrests and detention of PDP members across the country, including its chapter Chairman in Jigawa State, Mr. Salisu Mamuda, who was arrested for criticising the Jigawa State Government for allegedly spending the sum of N400,000,000 to entertain defectors from PDP to APC. It also said its governorship aspirant on the platform of the party in Lagos State, during the 2015 gubernatorial election, Mr. Babatunde Gbadamosi, was arrested by men of the Department of State Service (DSS) on account of exposing the forex racketeering by the APC-led government at the Central Bank of Nigeria (CBN). “Also on March 3, 2017, Alhaji Abdulrahman Mohammed, a PDP chieftain in Kogi State was arrested on trump-up charges and detained illegally for criticising the wrong policies, mis-governance and

non-performance of Governor Yahaya Bello. “Just yesterday, April 9, 2017, Mr. Austin Usman Okai, a PDP youth leader and frontline critic of the Bello’s APC-led government in Kogi State, was arrested by men of the Police Special Anti-Robbery Squared (SARS) on phantom petitions by some cronies of the governor. “There are also reports of indiscriminate arrest and detention of citizens of this country in Kaduna, Edo, Nasarawa States among others at both the federal and state levels controlled by the ruling APC,” PDP said. According to the statement, PDP will ensure that the unholy practices of the APC-led administration is resisted by all Nigerians. “We will mobilise Nigerians at all levels to fight against the use of arms in a democratic system to ridicule and intimidate citizens of this country.”

FG Denies Plans to Wire-tap Nigerians Olawale Ajimotokan in Abuja The federal government has denied reports alleging that the Ministry of Interior Affairs is planning to stifle the freedom of speech being enjoyed by Nigeirans by ordering all phones calls and social media

posts to be recorded and monitored. The Minister of Information and Culture, Alhaji Lai Mohammed, denied the report via a statement signed on his behalf by his Special Assistant on Media, Segun Adeyemi. He likened the report to classic disinformation that has permeated the media space,

insisting that government has no intention to wiretap phone calls made or received by members of the public. ‘’There is no regulation, old or new, from the Ministry of Interior or any federal government agency requiring the recording of all calls or the monitoring of social media

platforms like WhatsApp, Twitter or Facebook,” Mohammed said. He said those behind the false news wanted to give the impression that government was working to stifle freedom of speech. He appealed to the public to disregard the news being spread as falsehood.

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Sinking of Petroleum Vessels: We Were Transparent, Says EFCC Says auctioneer didn’t follow procurement, due diligence rules Navy keeps mum Paul Obi in Abuja The Economic and Financial Crimes Commission (EFCC) yesterday debunked claims that inaction by the commission led to the sinking of two petroleum vessels and their contents along the Nigerian coastal waters. The vessels, MT Good Success, sank at the NNS Beecroft Naval Base, Lagos, while MV Thames sank on February 27, 2017 at NNS Pathfinder Naval Base, Port Harcourt, Rivers State. THISDAY had earlier in an investigation reported that the sinking of the two vessels was prompted by the delay caused by the EFCC. But reacting to the investigation, EFCC Head of Media and Information, Wilson Uwujaren, denied that the commission’s poor handling of the matter led to the sinking of the vessels. He said: “For the avoidance of doubt, the commission wishes to state that, the engagement of Pinnacle Trading and Investment Nigeria Limited, as auctioneer for the disposal of the product, which was conveyed vide a letter dated January 16, 2017 was irregular as the process leading to the company’s emergence didn’t satisfy the required due diligence and strict procurement process. “The engagement of a consultant like in the case of Pinnacle, was not

solicited for, as it did not have the approval of the Acting Chairman of the commission. “It was also not advertised in any newspaper or the federal tenders journal. This is a clear violation of the Public Procurement Act, 2007.” Uwujaren added that “the review of the process led to a startling revelation that Pinnacle Trading and Investment Nigeria Limited was not registered with the Department of Petroleum Resources, DPR, a key requirement for the selection of such auctioneer, and consequently lacked the experience and capacity to handle the job. “Fully conscious of the negative effect of a flawed selection to the outcome of the process, the Commission called for a review of the selection process, a measure that consequently led to the termination of the contract,” Uwujaren stated. According to him, “following the termination, Pinnacle and their supposed backers have been doing the media tour in the mistaken belief that the commission would be forced to re-engage an already flawed process. “The commission wishes to re-emphasis that its actions are transparent and always anchored on the Nigerian national interest as opposed to selfish interests. “In regard to the matter of ‘MT GOOD SUCCESS’ and ‘MV THAMES’, the commission will, as in all instances, be

guided by the need to be transparent and accountable to all Nigerians and will not succumb to cheap blackmail in any guise whatsoever,” Uwujaren maintained. Conversely, THISDAY checks

revealed that disagreement between the EFCC acting Chairman, Ibrahim Magu, and a top board member of the commission might have led to the delay in clearing the vessels. It also remained uncertain

whether the EFCC responded adequately to the official letter from the Nigerian Navy requesting that the commission clears the two vessels. Attempt to speak to the Nigerian Navy Director of Information,

Captain Sulieman Dahun, was not fruitful, as he was not available for comments. He also did not respond to a message by THISDAY requesting for an update on the two vessels and the said letter to the EFCC.

CELEBRATING WORLD HEALTH DAY

L-R: Managing Director, Reckitt Benckiser(RB), Mr. Rahul Murgai; RB’s Senior Vice President for Africa, Mr. Ata RashidSadfar; and Ogun State Governor, Ibikunle Amosun, at the commemoration of the 2017 World Health Day in Abeokuta.....yesterday

OSINBAJO BLAMES TENSION BETWEEN EXECUTIVE AND N’ASSEMBLY ON WEAK PARTY STRUCTURES that you jump to a party today because it is winning and abandon the one that is not winning, and when tomorrow that party that is winning, we jump back to another party, we are not planning to strengthen the parties. “We should remember that the parties fashion philosophies and ideologies for which they mobilise, they recruit members and draw up manifestos; they sponsor candidates for elective offices, both in the executive and the legislature. “So when you see the tension we have now, it is because we have not paid adequate attention to building strong parties. Where the party is strong and it understands its mission, it will promote its ideology and make its elected officials to subscribe to its ideology and manifesto. “Where disagreements arise, these are argued and strengthened out at the level of caucuses within the party. The executive will come together and bring members of the caucuses of the National Assembly or the state assemblies together, they will argue and debate, everybody will be there and decide on a position. “So you never get to hear about disagreements on the pages of newspaper or on the floors of parliament.” In this regard, the vice-president called on political actors in Nigeria to build strong parties. “It is unacceptable for a lawmaker elected by a party that produced the leader of the executive to get up in the parliament and drag down such official, that is the duty of the opposition. “You cannot disparage your own

party, you cannot disparage officials elected by your own party. “The only thing that can lead to that is when both the people in the legislature and the executive must have gotten there based on issues and ideals they don’t subscribe to. “If that is the case, should there be any disagreement at all, there should be an avenue for resolving that disagreement. “It is not acceptable for any lawmaker to create roadblocks on the path of programmes for which his party was elected to power. If your party has an acceptable manifesto and based on this manifesto the people voted for that party and voted you too into the parliament, how dare you build a roadblock and ensure that the programmes for which people voted for you are not allowed to proceed for the benefit of the people?” Osinbajo asked. Elaborating, Osinbajo noted that the ruling All Progressives Congress (APC) was elected on the electioneering promises made to the people that it would provide security across the country, fight corruption, diversify the economy and provide for the poor people of the country. “When you subscribe to these and you now get to the parliament and make it your duty to dismantle this, then there is a problem,” he said. Osinbajo stressed further that the parties that operated in the First and Second Republics were very strong and their members were committed to their ideals and abided by them, noting that the defunct National Party of Nigeria (NPN) subscribed to a particular set of ideals, “same applied to the Unity

Party of Nigeria (UPN) and Great Nigeria Peoples Party (GNPP)”. “It does appear that these days we just look for a party or a medium convenient for us for winning elections and realising our ambitions. The moment we do that, we begin to plot some other things looking forward to another election and looking forward to another medium that will enable us win the next election. By doing this, we are not building any party. “My submission is that all of us must resolve here today and see how we can begin to build very strong parties. Today, we cannot talk of strong parties in Nigeria. “The PDP is on death row, the APC is gasping for breath. Therefore, it is very important that in building our party we must also look out for leaders that can work assiduously to mobilise people, leaders with conviction, leaders who are independent, leaders who are courageous, leaders who have capacity, and leaders who are disciplinarians. “If we have these leaders and we appoint them to lead our parties both at the national level and at local levels, we can start talking of political parties that will deliver the dividends of democracy to the people,” he said. In his contribution, Senate President Bukola Saraki said parliamentary autonomy was the true definition of a functional democratic government, adding that the framers of the constitution recognised the independence of the National Assembly in choosing its leaders and carrying out legislative roles. He stated that unlike the states Houses of Assemblies, the National

Assembly was multi-ethnic by its making, adding: “These differences explain why it is difficult for the executive arm of government to coax and silence the legislature like it has done most times at the state level.” Saraki who was represented by the Chairman, Senate Committee on Defence, Senator Abubakar Kyari noted that “there is no gain saying that we need civility in all aspects of our politics; as a guide to relations within parties, among parties, among candidates, between candidates and the electorate”. Saraki lamented that the absence of harmony was a fundamental threat to the conduct of partisan politics and democratisation in today’s Nigeria. “The elite, especially political leaders, have a responsibility to eschew bitterness and confrontation, and promote harmony and peaceful coexistence in politics as well as in all aspects of governance in the Nigerian polity. “I fully support the code of conduct for political parties and politicians in the country. This will help to regulate behaviour and ensure some uniformity in the management of affairs of the party. “We need such a code to retrain ourselves on all the rules in the world about electoral contests and governance,” the Senate President said. Saraki also noted that political party supremacy places the overall interest of a political party over and above that of the individuals who make up the party. According to him, “The party manifesto is the mandate of a government with detailed policy measures that would address the

expectations and needs of the electorate. “Once an election is won, the manifesto becomes the covenant between the party and the people. It is difficult to discuss party supremacy without a manifesto. “When there is no strategy by a political party in achieving its manifesto, it becomes very difficult to assert its supremacy over its members.” In his keynote speech, former Senate President, Ken Nnmani said there was need for a harmonious relationship between the legislature and the executive in order to promote good governance. He noted that one of the ways to achieve this sort of harmony, in spite of the potential conflict implicit in partisan politics, was through leadership ideas, through the nuances of reasoning and persuasion, rather than through coercion and personality attacks. Nnamani said: “The problem in Nigeria is that our party system has not developed as it ought to, many legislators don’t understand how to be good party members and remain effective legislators. “The relationship between legislators and their party leadership is not based on personality or personal issues. It is based on the party’s policy platforms, which become the ruling party’s legislative agenda. “When such agenda is robustly promoted by the leadership of the party there will be little room for disagreements between the party and its legislators. “If there is no such agenda and the harmonious relationship is promoted on the basis of personal feelings and opinions, it is not going

to be sustainable. “Legislators will easily resist the idiosyncrasies of party leaders but will be very amendable to well-argued party policies and programmes.” Nnamani affirmed that both the executive and legislature are independent but noted that they must depend on one another for effectiveness. “The independence of the legislature does not mean the recklessness or irresponsibility of the legislature. It means that the legislature regulates itself in working together with other branches for the promotion of good governance,” he said. Also, a former Speaker of the House of Representatives, Hon. Dimeji Bankole said party supremacy and discipline was an assumption, noting that there was need for the executive to negotiate with legislatures in order to deliver the dividends of democracy to the people. He stressed that one side cannot reform or innovate without negotiating, stressing that “negotiation is an act; it is not a wish; it is not an assumption”. He wondered: “What are the best alternatives that we will need to work with to get results to the Nigerian people? “The position I think we should be pushing is the act of negotiation. Not just between the National Assembly and executive but the judiciary as well. “If those in government refuse to negotiate to move things forward for the young people that are coming up, thirty years from now we will not be able to live in our country anymore,” he stated.

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NNPC, Customs, Others Shun $17bn Missing Oil Probe House c’ttee summons heads of agencies

James Emejo in Abuja The House of Representatives Ad-hoc Committee on the $17 billion missing from undeclared crude oil and liquefied natural gas exports to global destinations yesterday commenced its public hearing into the matter. Declaring the hearing open, the Speaker of the House, Hon. Yakubu Dogara, said incidence of missing oil money had become a recurring decimal in a sector which is the mainstay of the economy. Represented by the House Minority Whip, Hon. Yakubu Bade, the Speaker said the National Assembly’s interest in investigating the sector stemmed

from a deliberate effort to cleanse the industry of the rot which had become the hallmark of its existence over the years. But curiously, progress of the hearing was hampered by the failure by heads of relevant agencies to turn up or provide for formal representation despite receiving correspondence from the committee. Individuals who showed up supposedly for the Central Bank of Nigeria (CBN), the Nigeria Petroleum Development Company (NPDC) and the Department of Petroleum Resources (DPR) do not have formal authorisation to represent their chief executives, a situation which infuriated the committee members who refused

to have any engagement with them unless their chief executives are present to address areas of interest in the probe. In effect, only three out of the 15 agencies of government billed to appear before the committee made any form of appearance even though not acceptable to the committee. The development prompted Chairman of the Ad-hoc Committee, Hon. Abdulrazak Namdas, to adjourned sitting till today and mandated the heads of all invited agencies to appear before it unfailingly. The Nigerian National Petroleum Corporation (NNPC), National Petroleum Investment Management

Services (NAPIMS), Nigeria Navy, Nigeria Ports Authority (NPA) and Nigeria Customs Service (NCS) all shunned the hearing. Others who failed to turn up are the Nigeria Extractive Industries Transparency Initiative (NEITI), Nigeria Maritime Administration and Security Agency (NIMASA), Office of the Accountant General of the Federation, Office of the Attorney General and Minister of Justice, Nigeria Liquefied Natural Gas (NLNG) , Economic and Financial Crimes Commission (EFCC) and Molecular Power Systems Limited (MPS). Namdas warned that there could be no greater obligation than honouring the committee’s

invitation to address such an issue of national importance. Nevertheless, he said though the past administration had initiated a probe into the missing money, the investigation was inconclusive as it was marred by litigations. He said prior to the public hearing yesterday, the committee had written to a number of international oil companies and relevant government agencies for information on the alleged missing funds. He said: “I am happy to inform the gathering that the committee has gotten useful information from the submissions made thereon. “ Namdas, in his preliminary remarks, said though the oil sector

remained veritable sources of wealth and greatness of the country, it has been marred by tales of woes occasioned by unhealthy practices. According to him, reports had indicated that 57 million barrels of Nigeria crude oil were illegally exported and sold in the Untied States between January 2011 and December 2014 with an estimated loss of over N2 trillion to the federal government. He said the fight against corruption could not be meaningful without serious searchlight on the industry given that perpetrators are the high and mighty who are inexorably ‘models’ which the society looks up to.

T H I S D AY • TUESDAY APRIL 11, 2017

TUESDAYSPORTS

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

Redknapp Hails Conte’s Transformation of Victor Moses Former West Ham United and Portsmouth gaffer, Harry Redknapp, has heaped plaudits on Chelsea Manager, Antonio Conte, for allowing Nigerian star, Victor Moses, to blossom. The Super Eagles forward spent the previous three seasons on loan at Stoke City, Liverpool and West Ham United after failing to establish himself as a regular with the Blues. However, Chelsea’s switch earlier this season to a 3-4-3 formation has allowed Moses to thrive as a right wingback, while Marcos Alonso has also benefited on the other flank. “He (Alonso) played here three or four years ago, he was at Bolton. He’s a lovely footballer, absolute quality,

he has got a great left foot,” Redknapp told BT Sport. “His delivery is top class, he always looked very composed, he suits the system. “Moses was going nowhere in his career, suddenly in this system he has blossomed, he has been fantastic.” Former England manager Glenn Hoddle echoed Redknapp’s views about Moses and Alonso. “Him (Alonso) and Moses, at the beginning of the season people weren’t too sure about the wingbacks, but they have proved themselves. “Alonso has that lovely left foot balance. The number of times they change the play, he is out there all the time. The diagonal pass is always in play.”

World Cup 2026: USA, Canada & Mexico to Make Joint Bid The United States, Canada and Mexico have announced they will make a joint bid to host the 2026 World Cup. It will be the first tournament after the expansion from 32 teams to 48 and, if successful, would be the first time a World Cup has been shared by three hosts. The proposal would be for the USA to host 60 matches, with 10 games each in Canada and Mexico. The decision on who will host the event will be made in 2020. That is three years later than originally scheduled because of corruption allegations surrounding the awarding of the 2018 and 2022 World

Cups to Russia and Qatar. The USA staged the 1994 World Cup, which had the highest average attendance in the tournament’s history, while Mexico was the first nation to host the event twice, in 1970 and 1986. Canada hosted the 2015 women’s World Cup. US President Donald Trump has promised to build a border wall between the USA and Mexico but Sunil Gulati, president of the US Soccer Federation, said Trump is “supportive” of the bid and had “encouraged” it. “The United States, Mexico and Canada have individually demonstrated their exceptional abilities to host world-class events,” added Gulati.”

NPFL U-17: Shooting Stars, ABS in Good Start at Oshogbo Amazing results were recorded on Match Day 1 of the maiden edition of the NPFL U-15 Promises Tournament which served off early hours of yesterday at the Osogbo City Stadium for teams in Group C. Remo Stars, Shooting Stars, MFM FC, ABS FC and Sunshine Stars made up Group C of the group stages of the tournament in Osun State at the end of which two will qualify for the quarter-final stage. Okoromi David scored the lone goal for ABS FC to pip MFM in the opening game, while Shooting Stars spanked Remo Stars 3-0 to put the championship underway. But it was MFM that got the better chances in the early minutes of the game. Hammed Saheed’s free kick went inches wide on the third minute and two minutes later Atoyebi Gideon shot directly at ABS goalkeeper, Kolawole Sheriff. MFM defence collapsed under sustained pressure from ABS on the 7th minute when David picked the final pass and beat his marker before he chipped the ball over MFM goalkeeper, Oladunni Habeeb.

MFM FC coach, Isiekwene Christian would admit his lads learnt their lessons the hard way. “We conceded early in the game but we were able to create some good moments and shake off the goal. We could have got something positive from the game but we have learnt a hard lessons that would guide us better in the tournament,” said Christian to Npfl.ng after the game. Olubode Hassan’s hat trick propelled Shooting Stars to a 3-0 roll over Remo Stars in the second Group C game of Match-day 1. The young star scored the first of his three goals late in the first half in the tough encounter and he followed up with a brace in the second half to complete the first hat trick of the championship. An elated Shooting Stars coach, Monday Ozeibe was quick to rate his boys as favourites to win the group. Match-day two continues this morning with Sunshine Stars making their tournament debut against ABS FC while Remo Stars and MFM FC battle for their first win of the tournament

From one champion to another... last year’s winner, Danny Willett (left), helping Sergio Garcia into the Green Jacket… Sunday night

Garcia Delighted to Join Idols Ballesteros, Olazabal as Masters Champions Sergio Garcia said yesterday that it was “amazing” to join his Spanish idols Seve Ballesteros and Jose Maria Olazabal as a Masters champion by winning at Augusta. Garcia beat England’s Justin Rose in a play-off on Sunday night to finally end a run of 73 majors without a victory. The Spaniard won on what would have been the 60th birthday of compatriot Ballesteros, the 1980 and 1983 winner of the Green Jacket, who died in 2011. “It has been such a long time coming. I am so happy,” said Garcia, 37. “To do it on Seve’s 60th birthday and to join him and Olazabal, my two idols in golf, it’s something amazing. “Jose sent me a text on

Wednesday telling me how much he believed in me and what I needed to do, believe in myself, be calm and not let things get to me as I had in the past.” Five years ago, Garcia claimed he was not good enough to win a major after shooting a three-over-par 75 at the 2012 Masters to drop out of contention. Prior to Sunday’s victory he was on the longest run of majors without a win of any active player - the closest he had previously come was a tie for second at the Open (in 2007 and 2014) and the US PGA Championship in 1999 and 2008. He revealed he had identified the Masters as his most likely chance of a major after he tied for 38th and was

the leading amateur in 1999, the year Olazabal won for the second time. And he finally made the breakthrough by winning the first hole of a sudden-death play-off after he and Rose had tied at nine under after 72 holes. “I felt like this course was probably going to give me one major,” he said. “That thought changed over the years as I started feeling uncomfortable on the course but I came to peace with it and accepted it.” On Sunday’s performance, the world number 11 added: “I knew I was playing well. I felt the calmest I ever felt in a major. “Even after a couple of bogeys I was still positive that there were a lot of holes I could get to. I am so happy.”

Garcia and European Ryder Cup team-mate Rose produced a thrilling final day at the Augusta National. Starting the final round level with Rose on six under par, the Spaniard moved three ahead after five holes but trailed by two after 13 before missing a four-foot putt to win it on the last. However, he kept his nerve in the play-off, winning with a birdie to Rose’s bogey.

CHAMPIONS LEAGUE Q’FINALS TUESDAY 8.45pm Juventus v Barcelona Dortmund v Monaco WEDNESDAY Bayern v R’Madrid Atletico v Leicester

Odoh Wins Mark @69 Golf Tourney Olawale Ajimotokan in Otukpo Andrew Oche Odoh finished deep in the red to win the Senator David Mark @ 69 Golf Tournament at Otukpo Golf and Country Club, Benue State, over the weekend. The Nigerian pro, who competes on the Sunshine Tour in South Africa, carded a final round 66 to cap a stunning exhibition of golf in honour of the former president of Nigeria’s Senate. His combined score of -21 under par over 72 holes also shattered the previous Otukpo course record of 18 under held by Gboyega Oyebanji. Odoh, who was playing

his first official tournament in Nigeria this year, embarrassed the highly regarded Emos Korblah, who tied for second position with Chidi Tobias, with a 19-shot margin. Such was his dominance that the title was already sealed with an unassailable 15 shots lead before the final round cluster of 37 players teed off. He played the last 36 holes at 11 under to improve on his opening two rounds which he dictated at 10 under par. “He was in a different world, dictating the tempo of game and competing against himself. By any standard that was an unbelievable outing by a great player,’’ conceded Oyebanji. Oyebanji, who finished

in 17th position, added that the conditions under which Odoh shattered the course record were tougher than the conditions he (Oyebanji) set the course record several years ago. “The course has been lengthened to make approach play a bit herculean, while the greens have been reduced in size. The course played as a brown when I set the course record’’. Elisha Markus finished fourth at 2 over par ahead of Kabiru Mohammed, who won the Ecobank Invitational in Liberia. Daniel Pam placed sixth at 5 over, while Sunday Olapade carded a 6 over par 294 for the seventh position.

Odoh, who did not make the cut at last month’s Kenyan Open at Muthiaga Golf Club, thanked Mark for the consistent support for pro golf and grassroots golf development in Nigeria. “To put the number together was not an easy feat. I got a big run and a huge lead which gave me the advantage. It has been a long while since anybody had won a tournament in Nigeria with such an emphatic lead which is a step in the right direction for me,’’ Odoh remarked. The icing on cake was the investiture of Mark as the Life Vice-President of the Professional Golfers Association of Nigeria (PGAN).

T H I S D AY TUESDAY APRIL 11, 2017

Tuesday April 11, 2017

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MISSILE Yakubu to Political Parties

“It has been observed that some parties have nominated persons such as exconvicts as candidates and INEC has no power to rejects such candidates, only for the courts to nullify the elections after they have been conducted” – Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu berating political parties for fielding unqualified candidates including ex-convicts and certificate forgers as candidates in elections only for the courts to nullify such elections.

TUESDAY WITH REUBENABATI #BBNaija: Television As Madness abati1990@gmail.com

hat a relief! So, the Big Brother Naija reality television programme is finally over. It ended Sunday evening with 23-year old Efe Michael Ejemba, University of Jos graduate of Economics and singer winning the N25 million including a Sport utility vehicle at stake, with 57.6% of the votes from over 24 million voters across Africa. Warri, where Efe’s family lives, erupted in excitement. At the Multichoice viewing centre in Ikeja, Lagos, where Katung Aduwak took charge so brilliantly, there was a similar eruption of incandescent joy. I was relieved because for about 70 days, the Big Brother Naija show was a big distraction, crass capitalism at its most cynical edge, a source of unmanageable madness in homes and on the streets. Now that it is over, it is time for some honest frank talk for the attention of all stakeholders involved. Let me start with the lessons, on a positive note, before delivering the blows. Lesson one: In a very instructive manner, the Big Brother Naija reality television show promoted the ideas of choice and people power at the heart of democracy. Televised across Africa, the viewers had the final say in determining who stayed in the house or left during eviction moments on Sundays. The votes were collated, audited and confirmed by Deloitte, a firm of auditors and thus, the viewer as the voter determined the outcomes. In that regard, a reality show of that sort promoted a consciousness of democracy, choice and influence and it further explained why the people from Nigeria to Cape Agulhas all the way up to the Mediterranean sea took fierce ownership of the programme. In a continent where power is the ultimate aphrodisiac and every access to power, fame and influence is seen as an opportunity to oppress and demean, whatever is done to promote a consciousness of choice and the civil society is laudable. Multichoice, thanks. Lesson Two: in every business concept, perseverance pays. Multichoice has been running its Big Brother Naija and Big Brother Africa concepts for a number of years. Apparently, this year’s Big Brother Naija has been the most impactful, the most profitable and probably also, the most exciting. In one week, over 11 million persons voted to determine the eviction. In the final week of the programme, over 24 million persons voted – that is more than the total number of persons who voted in the Nigerian Presidential election in 2015. This year, Multichoice has made more money from the Big Brother franchise than it has ever done. The programme was sponsored by PayPorte, and with all the voting, and the money spent on recharge cards, Big Brother and Multichoice are the biggest winners. In the end, it is all about business and profit. Everybody has been used. In business, once you have a good, attractive product and you can capture the market, you can fool everybody and make profit. Multichoice, weh done - in Falz, the bad guy’s voice.

Ejemba Lesson three: humility pays. At the end of the day, in the last week of the programme, the decision by the viewing public was a moral, sentimental one. The biggest star of the programme was, I don’t know what you think, TBOSS (real name: Tokunbo Idowu), half Nigerian, half-Romanian. She dominated the space with her Jezebelic antics, even got some of the male participants ousted by entrapping and outsmarting them with her sexual wiles. She projected herself as a sex object, the ultimate manipulator, the champion Delilah of the Big Brother Africa series. She even made a joke of the entire Big Brother concept by saying she didn’t need the money and if she won, she would spend it in two weeks to pay off debts, and in any case, she had men hitting on her, offering to take her on a ride in their private jets. She played the role of a female barracuda. Given her looks and talents, she would have been a perfect winner. She would have looked good on the billboards. But she lost because of her arrogance. Attitude is everything: this is the lesson of TBOSS’s disgrace and humiliation. When she was sent out of the House as the second runner up, the viewing centre in Ikeja, Lagos, including Kemen whose nemesis she was, danced in joy. “They are taunting me?” she asked Ebuka, the anchor. No, sweetheart, they were making a far more serious statement about you. The melodramatic ending of Big Brother Naija 2017 is its only redeeming outcome. Bisola, the first runner up does not even have a degree but she showed talent and resolve, even if her whorish flirtation with Thin Tall Tony is so cheap and self-denigrating. Her One-Nigeria consolation prize is something big she should take seriously. Efe won because of his humility. He is considered the poorest and the most needy of the contestants. Patrons of the programme chose to vote for the contestant who looked and sounded like he would need the money and the opportunity. They gave him a chance in life, although the

organizers must ensure that going forward, the show does not become a poverty alleviation scheme. Bisola came second because she too looked like she needed help. Debbie Rise and Marvis also made the finals, but that was meant to be a great compliment to their good conduct, but they didn’t have enough support to make it to the top. TBOSS is the main star who lost. I hope she was taken out of South Africa with a private jet or maybe a submarine! Beauty is not everything, baby. Lesson four: Marketing helps. Branding is everything. Propaganda is profitable. Packaging is nice. Big Brother Naija is nothing but marketing, branding, propaganda, and packaging. A reality show is supposed to be nothing but reality, virtual reality as it happens, but let no one deceive you, everything that happened in the 70 days of BBNaija was packaged, marketed, carefully branded and manipulated. Ebuka, the Big Brother, thumbs up, the scenic designers, kudos, the content developers, three hearty cheers, Multichoice, you guys are the smartest capitalists around, well done! The finale was a bit overdone though, dragged out, over-delayed. Tiwa Savage (hey baby, watch that growing fat around your waist and thigh), Tuface (thanks TuBaba but next time tell Annie to twerk for us- what was that!). In all, the power of television was well advertised. Now the hard knocks: I rate the theatre high but I consider the whole show a sham, a 419 manipulative effort by a corporate agency, long overdue for an ethical review and scrutiny, a bad influence on corporate ethics. The owners of the programme are just a bunch of insultive, manipulative and exploitative capitalists, feeding on public need for distraction and the negligence of the authorities. Big Brother Naija 2017 is something that should never happen again in the shape we have seen. If Multichoice as a corporate investor wants to make a contribution to Nigeria, it must find ways of doing so in more meaningful forms. Reality shows have become an established form on television, but whereas there are reality shows that promote talent, music, human capability and genius, enhanced relationships, and intellect, Multichoice, through its Big Brother Naija and Big Brother Africa franchises seems committed to the promotion of base values, chiefly adultery, prostitution, love of money, nudity and sex. What just ended as Big Brother Naija 2017 was nothing other than the corralling of some human beings into a zoo, pressured to behave like nothing but animals. The organizers made money devaluing other human beings. Multichoice and Payporte, the sponsors, turned alcohol and pornography into legitimate sport. TBOSS and the other girls kissed and got groped by the boys on live television putting their upbringing to shame. TBOSS, who claimed she didn’t need the money even exposed her breasts on live television more than once. I have seen better breasts TBOSS.

I am not too sure those private jet owners will be excited by your fluffy, South-looking, slightly bigger than mangoes breasts. If the same men see bigger assets, I mean, those interesting Ojiakor-like ones that look like papayas, pineapples and watermelons, they will not send private jets, they will deploy submarines and fighter jets! And that ‘s why you got N500k in the end, way back behind Bisola with her hard facial features, and Efe whose victory is based on poverty logistics and appeal. But I have no doubt that TBOSS will end up doing better in the larger, outside market than the other finalists, because even those who did not vote for her, know in their hearts that she represents the message of the programme. It is a wrong message and that is why Big Brother Naija drew more audience in Southern Nigeria than in the North. In the last week of the programme,, every town in Southern Nigeria was seized by the #BBNaija fever. Prayers were offered in churches for Efe. One lady threatened to commit suicide if Efe did not win. Another one said she would not stop crying until Efe won. Nollywood stars declared support for housemates. There was Team Bisola, Team Efe, EfeNation, TBOSSNation, TeamDebbieRise (small), TeamMarvis (even smaller). There were public processions even in universities. We were told how to vote. Twitter was on fire. What I saw was nothing but sheer madness. T-shirts were printed. One musician turned his personal car into a billboard. Nigeria became a mad house because of one reality television show. It looked like mass hypnotism at work. But it should not be allowed to happen again. BBNaija should not be hosted and staged in South Africa as has been the case. Multichoice, Payporte and their partners made crazy money and got brand promotion off the back and sweat of Nigerians. Do the maths; we got peanuts in return. We were told BBNaija could not be staged in Nigeria due to electricity problems so the studio had to be in South Africa. And the Nigerian government looked the other way. Wawu! All the billions that the South Africans are running away with, after giving our boy a Kia SUV and some N25m, who is going to collect the Value Added Tax on that? Nigeria or South Africa? See the real Gobbe! All the staff who worked on the programme with extremely marginal exception were South Africans. Where were the Nigerians? Abi, Lobatan oh. The Nigerian government must assert itself. Nobody henceforth must brand anything involving primary production, Nigerian off Nigerian soil. We can’t get far by wearing made-in-Nigerian clothes on Mondays and Wednesdays, turning the country into an extension of Nollywood, but we can gain a lot by insisting that economic production and profit based on Nigerian talent and resource must have significant Nigerian content. Congratulations Efe; the grace of God is forever sufficient, but sorry Nigeria.

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