Tuesday 5th July 2017 by THISDAY Newspapers Ltd

Etisalat CEO, CFO Resign as Crisis Deepens NCC, CBN in crucial meeting with telco, banks Commission’s board to meet today Iyobosa Uwugiaren in Abuja and Emma Okonji in Lagos

yesterday when the company’s chief executive officer (CEO), Mr. Matthew Willsher, and chief financial officer (CFO), Mr. Wole Obasunloye, resigned

The debt crises rocking Etisalat Nigeria took a new turn

their appointments. Their resignation came a few days after its Emirati non-executive directors (NEDs), representing the

interests of Mubadala Development Company and Emirates Telecoms Group Company’s (Etisalat Group) also stepped down from the

board, following the Nigerian company’s inability to meet its loan repayments amounting to $1.2 billion to 13 Nigerian banks.

The resignations also followed Etisalat Group’s reporting disclosure on the Continued on page 34

Zenith, FBN, GTB, UBA, Access, Diamond Bank Among 1,000 Global Banks... Page 31 Tuesday 4 July, 2017 Vol 22. No 8111. Price: N250

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Book on Maimalari Reopens Wounds from First Coup Gowon, Obasanjo, Buhari, IBB, Abdulsalami, others reflect Olusegun Adeniyi in Abuja A new book titled “The First Regular Combatant: Brigadier General Zakariya Maimalari” is bound to reopen the wounds of the January 15, 1966 military

coup that brought an end to the First Republic and eventually led to the Nigerian Civil War. While the book will be presented in Abuja this morning under the

chairmanship of former Head of State, General Yakubu Gowon, THISDAY obtained an advance copy yesterday from Maimalari’s eldest son and former Military Administrator of Jigawa State, Lt.-Colonel

Maitama Sule: An Eloquent Uniﬁer Dies in Heat of National Strife

Buhari, Osinbajo, others mourn, Kano declares today work free Bolaji Adebiyi, Omololu Ogunmade, Damilola Oyedele, James Emejo in Abuja and Ibrahim Shuaibu in Kano Yusuf Maitama Sule could well have been the cat with nine lives. Twice, first in 2013, then in 2016, he was speculated dead only for family and friends of the celebrated political orator from the core North-western part of the country to clarify that, though ripe in age, he was well and still kicking. Yesterday, however, in the faraway ancient city of Cairo in Egypt, he died. He was 88

years old. The nation mourns. Given his age, his death ought to be celebrated having regard to his political accomplishments, three-time minister of the federal republic, a world class diplomat and a revered statesman. But the circumstances and timing of

TRIBUTE

See more stories on page 37 his demise are such that the nation received with shock the news of his passage. Continued on page 8

Late Sule

Abubakar Sadiq Zakariya Maimalari (rtd). Authored by Mr. Haruna Yahaya Poloma, who started the project in 1999, some of the contributors to the 382-page book who are now deceased

include Alhaji Maitama Sule who will be buried in Kano today, retired Brigadier-General Samuel Ogbemudia, as well as retired Major-Generals Joseph Garba, Adeyinka Adebayo and Emmanuel Abisoye.

Notable contributors to the book also include five former Nigerian military Heads of State, including two who would later become Continued on page 8

T H I S D AY TUESDAY JULY 4, 2017

Continued on Page 16 Lawyer

TUESDAY, ͼ˜ ͺ͸͹Ϳ ˾ T H I S D AY

PAGE EIGHT BOOK ON MAIMALARI REOPENS WOUNDS FROM FIRST COUP civilian presidents – Olusegun Obasanjo and Muhammadu Buhari – as well as Generals Gowon, Ibrahim Babangida and Abdulsalami Abubakar. Among other people who contributed are retired Generals Joshua Dogonyaro, Alani Akinrinade, Mohammed Magoro, IBM Haruna, David Bamigboye, Mobolaji Johnson, Paul Tarfa, Garba Duba, Mohammed Wushishi, Ike Nwachukwu, David Jemibewon, Salihu Ibrahim and Captain Ben Gbulie. Civilians like Ahmed Joda, Lawal Kaita, Tanko Yakassai, Aminu Alhassan Dantata, Sani Zangon Daura and the late Liman Ciroma also contributed their perspectives on Maimalari and the events of January 1966. In the foreword to the book, Gowon admitted that “had Maimalari survived the January 1966 coup, the convolutions in Nigeria that followed might have been averted, and Maimalari would have eventually taken his rightful place in the hierarchy of the Nigerian Army, following the appointment of General Aguiyi Ironsi as GOC of the Nigerian Army after Sir Christopher Welby-Everard, the last British GOC… “He would have been a natural choice for leadership after the event of that day. I do not see how I could have become commander-in-chief, if Maimalari or any of those senior ones above me from the same school were alive.” In his recollection of the January 15, 1966 coup, Buhari said he was at the Lagos Garrison Organisation that morning. “I was commanding a platoon with the Lagos

Garrison Organisation (LGO). The platoon had staff cars and Land Rovers and I was responsible for providing transport to all the senior officers, from the GOC, Aguiyi Ironsi, down to the staff officers. “I had to go to the garage by 6.00am in the morning to make sure that the vehicles and drivers of the GOC and other staff officers were ready to pick up these senior officers from their various locations to the Army Headquarters. “Then I’d have to go back at 11.00pm, at least, to make sure that all the vehicles and drivers had returned and were in good condition for the next day’s movement. “I performed this task six days in a week because in those days, unlike now, we had six working days in a week, excluding Sunday only. So, this responsibility was a privileged one, as it brought me in contact with virtually all the senior officers at Army Headquarters, including Aguiyi Ironsi, Zakariya Maimalari, Yakubu Gowon, Kur ...because I was responsible for their transportation. “It was in the course of performing this task that I went out early in the morning of January 15, 1966, and along the way, at a railway crossing in Yaba, Lagos, I saw a wounded soldier. I asked what happened and he told me that he was on guard duty at Brigadier Maimalari’s house where a party took place the previous night and later they were attacked and that he believed Maimalari was killed. I took the soldier in my Land Rover to the hospital

in Yaba, where I saw more casualties of the attack. I, therefore, became aware of the coup as early as 6.00am that morning of January 15, 1966,” he recalled. In his contribution, Ben Gbulie, one of the principal actors of the January 1966 coup, said he was critical of Maimalari for whom he nonetheless had affection. “What I saw and thought of Zakariya Maimalari, when he was the second-in-command at NMTC Kaduna, was not the same thing when he rose to be a Brigadier commanding the 2nd Brigade in Apapa, Lagos. He started doing certain things which I thought he would never do, such as accelerating the promotions of some officers from a particular part of the country,” said Gbulie. According to General IBM Haruna who said he was one of those at Maimalari’s party “dancing the night away” only for the coupists to start shooting after he had left, the British authorities at the time should have been blamed for the crisis. “If the departing colonialists had had the courage to put Army officers who were the best trained into appropriate positions, perhaps the crisis we now have could have been averted. “But the leadership of the military was from the onset given to those reared from the ranks as opposed to those purposely trained to have the perspective of a wider scope of leadership. “Most of the officers who subsequently headed our military were those who, but for circumstances, would

never have risen to the highest pinnacle of command! But history made them, and we can now see the type of history, which they, in turn, have made. “This history would not have been the same if Zakariya Maimalari, Abogo Lagerma or Kur Mohammed were alive to head the Army after 1966,” said Haruna. The late Maitama Sule, who was a member of the cabinet in the First Republic, recounted his encounter with Maimalari on the impending coup, which claimed his life. “On two or three occasions, Zakariya Maimalari had come to me to report that some military officers were plotting a coup. The last time he made this report was during the month of Ramadan in 1966, shortly before the coup actually took place. “I, in turn, reported this information. But our leaders at the time felt confident about what they were doing. They felt they were doing their best for the nation, and there was no reason why a coup would take place. “When Maimalari made the last report on the impending coup to me in my house, he said: ‘I have told you repeatedly that some officers are planning a coup. Those involved are constantly meeting and planning. I have been telling you repeatedly but you don’t take heed’. “I said: ‘What more can I do? I have reported this matter to my superiors, but they do not seem to think there can be a coup’. He replied: ‘Well, I am thinking of my life. Since you people do not seem to care about your

lives. Because I know that there cannot be a successful coup in Nigeria while I am alive. So, I know they are going to kill me.’ Maimalari told me this. “I remember on that very day, we went and bought some cloth we wanted to sew for the Sallah festival. That was the cloth we were never to sew; the cloth we were never to wear! The coup actually took place as he had predicted. In fact, I gave his own piece of cloth to his wife after the disaster occurred…” said the late Maitama Sule. According to the late Major General Adeyinka Adebayo, Maimalari “was the first Nigerian ever to attend a military academy as an officer cadet, and subsequently rose to be a brigadier in the Army”. In providing insights into the delicate relationship between Ironsi and Maimalari, Obasanjo recounted an experience in Congo: “Aguiyi Ironsi called a conference between himself, the battalion commander, and Zakariya Maimalari who was the company commander. We, the junior officers, were not part of the conference. “But we later came to realise that the difference of opinion between the two senior officers centred on the fact that Ironsi wanted the operation to go in a certain way, whereas Maimalari felt that Ironsi’s way could jeopardise the lives, safety and security of his officers and men. “Now to the issue of the appointment of the first Nigerian GOC of the Army. Zakariya Maimalari and

Lawan Umar were the first Nigerians to join the Army fresh after secondary school as officer cadets, and became commissioned as regular officers. Aguiyi Ironsi, Samuel Ademulegun, Ralph Sodeinde, Babafemi Ogundipe, Adeyinka Adebayo, Adekunle Fajuyi— and even Welington Bassey— were all commissioned from the ranks.” From Obasanjo’s account, either Maimalari or Aguiyi Ironsi could have been picked as GOC of the Army by the Tafawa Balewa government but “the political leaders of the era did the wise thing by not rocking the boat of the subsisting Army seniority structure”. Babangida’s recollection was served with interesting anecdotes. He remembers a particular visit of Maimalri to Makurdi during the Tiv riots which he (Babangida) was part of the troops drafted to quell. “Our Squadron Leader during that operation was then a major (later MajorGeneral Hassan Usman Katsina. Both Hassan Katsina and Zakariya Maimalari knew each other very well. The first thing I came to observe about Maimalari on that occasion was his sense of humour. We had sat outside eating when Maimalari came across a very tough piece of chicken in his plate, which he was struggling with. “But the brigadier found it difficult, as the piece of chicken was just too tough. So, he turned and looked at Major Hassan Katsina and said that if he had not known Hassan to be a Muslim, he would have accused Hassan Katsina of serving him a vulture!”

became the Second Republic president. Sule was appointed Nigeria’s Permanent Representative to the United Nations in September 1979. At the UN, he was appointed the chairman of the United Nations Special Committee against Apartheid. He returned from there in 1983 to become Minister for National Guidance, a portfolio designed to assist the president in tackling corruption. Enormously endowed with the gift of the gab, the late politician was known to have used his talent to mobilise Nigerians towards the path of unity and nationhood, taking care always to draw attention to the positives that tend to mold the different ethnic groups together, insisting that there was great advantage in Nigeria’s diversity. “Everyone has a gift from God,” he once said about Nigerians, adding: “The Northerners are endowed by God with leadership qualities. The Yoruba man knows how to earn a living and has diplomatic qualities. The Igbo man is gifted in trade, commerce, and technological innovation. God so created us equally with purpose and different gifts.” In the face of the ethnoreligious crisis and separatists agitations that are threatening to break Nigeria, the old man insisted on the unity of the country, saying in spite of the challenges, he was hopeful that the nation would emerge stronger. On one of those occasions that he was brought out to share his experience to serve as

an inspiration to the younger generations of Nigerians, he was at his oratorical best: “I have a dream not only for the North but for the entire country, Nigeria. “I have a dream that Nigeria will be truly united one day. “I have a dream that Nigeria will have a buoyant and strong economy. “I have a dream that Nigeria will have the political clout that will enable it to lead the rest of Africa and of blacks all over the world. “I have a dream that Nigeria will come to regard one another as their brother’s keepers. “I have a dream that Nigeria will take her proper place in the comity of nations and will be one of the leading nations of the world.” Sule was 84 when he had that dream. He was a patriot and a nationalist till his last breath. No wonder, THISDAY Newspapers honoured him with its Lifetime Achievement Award in 2010 in recognition of his outstanding contributions to the peace, unity, growth and development of Nigeria, his fatherland. He was unable to attend the awards ceremony due to his failing sight, but THISDAY was undaunted. Its Editorial Board, led by its Chairman/Editor-in-Chief, Nduka Obaigbena, flew to Kano to personally present the award to Sule. For members of the board, the two hours spent at his residence were an unforgettable experience, as he was at his eloquent best, his acuity and memory undiminished by age, and played the perfect host to the

August visitors to his abode. Sule had risen from humble beginnings to attain national reckoning as one of the longest serving ministers in the truncated First Republic and a favourite of then Prime Minister, Sir Abubakar Tafawa Balewa. The two shared a striking history, according to online medium Premium Times. While Balewa’s father was a servant of the Madaki of Bauchi, Sule’s father served the then powerful Kano kingmaker, Madaki Mahmudu. It was after his master’s father

MAITAMA SULE: AN ELOQUENT UNIFIER DIES IN HEAT OF NATIONAL STRIFE Down with pneumonia and chest infection, the nation’s foremost hospital in his native Kano city could not treat him and he had to be ferried to Cairo for proper medicare. That speaks to the hopeless and unfortunate state of the nation’s health care system, which he spoke passionately about only a few months ago. He could not return home to continue with the moderating role he had allotted himself as the nation faced the most debilitating national strife in its history. Threatened by a religious insurgency in the Northeast, separatist agitations in the South-east, militancy in the South-south, and a deafening clamour for the restructuring of the country in the South-west, Nigeria totters on the brink. One of the most influential voices from the North, urging restraint and accommodation was Sule, who located the basis of the national uprising as the absence of justice. At a conference of Northern leaders in Kano two years ago, he was strident in his call for equity and justice as the basis for peace in the country. “The world can never be governed by force, fear and power. What governs is the mind and the weapon for conquering the mind is justice,” Sule told his audience consisting of the Northern elite and intelligentsia, contending forcefully that “justice should be given to everyone equally no matter their religion (and ethnicity). If you deserve justice, it must be given to you”. He called on history in aid

of his proposition and argued that the First Republic was relatively more stable and glorious because there was equal justice for all Nigerians, irrespective of their religion and ethnicity. Asking Nigerians to reflect on the past as the way forward, he said: “It is necessary to visit the past so that we may know what we were before and compare it with what we are today so as to adjust to the present and plan for the future. “Our past was glorious. Our founding fathers were excellent people. Not only in the North but in Nigeria as a whole. They were decent people who went into politics to serve but not to be served. To give but not to take. “They had their differences. Some were Muslims and some were Christians from different cultural grounds but they were able to accommodate one another. They respected one another and cooperated with one another.” Obviously embedded in his thought-provoking presentation, which received the traditional standing ovation that characterised his speeches everywhere, are the arguments for the review of the prevailing political and economic structures of the federation. Carefully avoiding the word “restructuring” that many Northern politicians and elite find offensive, Sule made the point that the current arrangement was crumbling and was in serious need of “reengineering” and “rebuilding”. At other fora, the elder statesman took time to

rebuke the use of religion and ethnicity as political tools to attain power, opposing them because they undermined the unity of the country. “All religion preaches peace and love to everybody not just to people of your religion. There is no religion of God that says you should coerce people to join the religion. If we were to live the teachings of love as God wants us to, then there will be peace,” he told another gathering last year in Kano. Born in Kano in 1929, Sule belonged to the generation of the founding fathers of Nigeria from the North, even when he was junior in line to the likes of the Sardauna Sokoto, Sir Ahmadu Bello, Premier of the Northern Region, and Alhaji Aminu Kano, who was the leader of the opposing Northern Elements Progressive Union (NEPU). He came to national limelight as a member of the Northern Peoples Congress (NPC) and was elected into the House of Representatives, becoming the Minister of Mines and Oil from 1959 to 1966. He went into political hibernation after the military coup of January 1966 but resurfaced in 1976 as the Federal Commissioner of Public Complaints, appointed by his former student, Gen. Murtala Mohammed, who became Head of State in July 1975. Upon the return of politics in 1978, he joined the National Party of Nigeria (NPN) and aspired to bear its presidential flag in the 1979 general election but lost to Alhaji Shehu Shagari who eventually

Continued on page 34

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T H I S D AY TUESDAY JULY 4, 2017

T H I S D AY ˾ ˜ Ͳ˜ 2017

COMMENT

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

MAMBILLA’S NEW BRIDGE OF UNDERSTANDING Warring communities in Taraba resolve to end crisis, writes Shehu Adamu

hey came to the meeting still nursing ill feelings that had trailed the crisis but left after the five-hours of deliberations presided over by Governor Darius Dickson Ishaku happy and satisfied that the right decisions had been made and appropriate steps taken towards achieving sustainable peace in their communities. It was a stakeholders meeting on the recent herdsmen/ farmers crisis in Sardauna Local Government Council Area of Taraba State called and presided over by the Governor to get to the roots of the crisis and to find appropriate and a lasting solution. It was attended by representatives of all the major communities in the council area. Leaders of all the communities represented were given the opportunity to speak and they all told stories of the remote and immediate causes of the crisis. All the stories shared one major theme which is inadequacy of land for grazing and farming. Human population has grown tremendously in their various communities in the Mambilla area in recent years. And so also is the population of cattle, sheep and goats. A lot more people are now farmers too and they are in need of farm lands. The need for land either for grazing or farming has exceeded the demand. This has heightened the pressure for land for farming and grazing over the years. The pressure from these demands developed into a keg of gunpowder which is easily ignited even by issues that are not directly related. In the recent case, it was the arrest of a member of one of the communities for a suspected crime. Rumours and un-informed guesses on the motive behind arrest heightened tempers on both sides of the divide and eventually exploded into fighting which resulted in some deaths and destruction of property. Governor Ishaku who was abroad at the time of the crisis told participants at the meeting that he was not happy with the happenings in Mambilla. He said he has a special spot for Mambila in his heart. “I launched my campaign in Mambilla. The first of the five non-performing companies I have so far revived is the Highland Tea Company in Mambilla. The hydro power project which is today supplying un-interrupted power to the tea factory and neighbouring communities is one of the major projects I inaugurated in the early days of my administration. I will not fold my hands and watch Mambilla – one of the greatest gifts to Africa - be ruined by crises”, he said. He urged members of all the communities in Mambilla to exercise restraint so that peace will reign. Ishaku said the only way crises can end in the area is for the people to forgive each other and told them of his plan for Mambilla which is to make it the pride of Nigeria and Africa. This plan will not materialise if crises persist there, he said. His speech evoked a new spirit of compromise and understanding and soon the tension that had hitherto enveloped the large Executive Council Chambers venue of the meeting melted.

The meeting threw up several suggestions for permanently resolving the crisis in communities which included land redistribution, review and implementation of existing land allocation laws, increase in ground rents and implementation of existing reports on land use in the state. Governor Ishaku used the opportunity to educate participants on the proposed Open Grazing Bill now before the Taraba State House of Assembly and advised them to study its provisions properly before reacting negatively to it. He said the bill makes elaborate provisions that will take care of all the competing interests of herdsmen and farmers. This was followed by his decision to set up new committees on the crisis, in addition to the judicial committee he had earlier announced. One of them is a 14-member committee to be made up of leaders of the various communities in Mambilla while the second is a Truth and Reconciliatory committee whose membership and terms of reference the governor will announce after he has been properly advised on the modalities. The Judicial Commission of Enquiry is headed by Justice Nuhu Adi and it has three weeks to submit its report to the government. The decisions brought smiles on the faces of the participants. The reason is that the steps taken by Governor Ishaku have not only been fair to all the parties but are the most realistic way forward for permanently resolving the crises. They left for their various homes with the good news that the issues will be comprehensively addressed. In the days and weeks ahead, a lot will be happening to actualise these decisions. Government’s determination to pursue every available option for achieving peace in the area is apparently unwavering. Governor Ishaku left nobody in doubt about his desire to see an end to the crisis in Mambilla and in the whole of Taraba State. That is the reason peace is a major item on his rescue agenda. It is also the reason for his popular mantra of “Give me peace and I will give you development.” The people of Mambilla must now give peace a chance. They should cooperate with the various committees set up by the government by going before them to state their position on issues. It is important to emphasise that the current peace process should not be allowed to degenerate into a breakdown of law and order.

GOVERNOR ISHAKU LEFT NOBODY IN DOUBT ABOUT HIS DESIRE TO SEE AN END TO THE CRISIS IN MAMBILLA AND IN THE WHOLE OF TARABA STATE. THAT IS THE REASON PEACE IS A MAJOR ITEM ON HIS RESCUE AGENDA

So far, security agencies deployed to the area have done an excellent job of restoring normality to the area. They should ensure that the situation is stabilised quickly so that normal business activities which have started can be totally normalised. In the conduct of their duties, they should be fair and firm and should give no impression through their actions that they are sympathetic with any of the sides to the conflict. In the same vein, all the sides to the conflict must shun inflammatory utterances that could send tempers flying again. This is a period of soberness, a time for reflection and a time of forgiveness and accommodation by all the people of Mambilla and Tarabans in general.

NORTHERN NIGERIA AND MYTHICAL REALITIES Charles Dickson urges northern leaders to do more for their people

“When a people have suffered for too long, they will drink fairytales on fairylands with insatiable gullibility.” (Hamilton Ayuk)

had written on the topic Northern Nigeria and her mythical realities some four years ago. As with many things Nigerian, those that should listen, never do, those that should do something are never bothered. So again let me remind us peradventure. The North may be the truth, or falsehood, call it nonsense, be bitter or be complimentary about it, I really do not care--or better still I care enough to tell us the way I see it. And it is a do-no-favours essay. The words of Malcolm X sums up my next few paragraphs. “You’re not supposed to be so blind with patriotism that you can’t face reality. Wrong is wrong, no matter who says it.” The myth--Aboki is supposedly an Hausa term that is used to describe the man up North. He may be Hausa, Nupe, Berom, Fulani, Shua, but largely he is ignorantly Hausa to all and poor; he is either mai-guard (gateman), mai-ruwa (water), mai shai (tea), mai-doya (yam), mai-reke (sugarcane), mai-miaa (black market fuel); whatever he is, he just has to be mai-something or mai-everything. He is a symbolism today to other Nigerians of violence and false face of Islam. He is ‘misunderstandingly’ understood...to this add the herdsmen narrative. Then we have the Alhaji, he is everything above except that he is presumed rich, and in recent times dangerous too, he could be a sponsor of Boko Haram too. But for a ‘typical’ southerner, there is the allure of his riches whether via politics, oil, or ‘voodoo,’ who cares? He is there in Abuja, Port Harcourt and Lagos. He really doesn’t care about his North; he is a hypocrite to the core without his knowledge. He has done almost nothing for

his home state whether Kano, Borno, Zamfara or Plateau other than milk it where possible. Now to more of those mythical realities and issues, that has left a region on her knees. No other time than now has the North faced an identity crisis and fight within herself. Who are the Hausas, who are the Fulanis, and how about the Hausa- Fulanis? What really is the place of the Islam North, real, media creation and how about the Christians in the North in specific terms, Hausa Christians, Fulani born Again? Is the North still united, as was the case? What about her oligarchy and a few leftist socialist activists that set the talakawa agenda, what happened? What is it that needs to be understood about the alamanjiri system and institutional begging in the North? Is it really about marginalization and if indeed, who marginalized who, Abacha, Shagari or IBB, Yar’adu or Buhari, what did we really do with power, one which we have held on to but remain largely economically and educational defunct and marginalized. The North and the agitating Middle Belt is an emotional wreck, a perfect picture of an abused bride, which today is even afraid of a hug of reconciliation, with rehabilitation and reconstruction a far cry. We are chasing Igbos out because they demand secession, restructuring, fiscal federalism, etc. If the North decides to go away from Nigeria, will the other component part fight to keep it and would it be really 19 states? Is Plateau State North when there’s no love lost between the Plateau people and the North? Does Taraba believe in North, Southern Kaduna, parts of Nassarawa, Benue, Kogi, etc.? People still believe that up North we are all empty land mass and goats, unproductive, and leeching termites stuck on Nigeria because of the oil. If not, why the hue and cry of an erratic false Jewish

Messiah called Kanu? When Zamfara’s mines are gold for the asking and we could develop a self-sufficient and exportable agrarian community? When stories of precious stones litter the grounds of Plateau, Nasarawa or the rich Mambila Plateau. What is the Arewa ideology? What does Ango Abdullahi, Ibrahim Babangida, Atiku Abubakar and the rest stand for? Everyone is on a blame ride, but as ‘Northerners’ have we blamed brother T.Y. Danjuma, or IBB, Mallam Lamido, Dr. Babangida Aliyu or Rev. Yuguda and ministers, legislators, and their ilks. What examples have they set? Dangote is the richest, and we boast of the poorest communities. So much is wrong with the North--I challenge my brothers from Katsina, Jigawa, Kebbi, Zamfara, etc., to tell me two companies that make N30 million a month after salaries are paid and utilities are sorted. What really have the likes of Ango, Buhari, IBB, Abdulsalam done in real terms to galvanise the economy of the North, one whose crumbling was facilitated by the insecurity unleashed on the region by religious fanaticism aided by our elitist refusal to educate and empower our people. A huge army of unemployed youths in the North ready and willing to be used, points to the fact that there was urgent need for the revival of the Northern economy and job creation. But how are we doing that, other than power flexing our birthright mentality? How many Ashaka/Larfarge cement companies do we have in the North? NASCO in Jos is dead, funeral rites only being delayed. Same for the Kaduna textiles industry despite all the promissory notes of Nasir el-Rufai. What and where have the billions of 17 years gone to in the North? Universities out of private initiative litter the South, and up here what are we

doing, joining issues with Biafra, and ranting while we should do the needful. The North has equally failed“to give her people opportunity, education and resolve conflicts through regular democratic processes”. “In terms of human capital and young people, I think the greatest investment any country can make, not just an African country, is educating its youth and providing them with the skill to compete in a highly technological, advanced world economy”. Nigeria has failed in this regard and the North has woefully crashed in same vein. The North will rise again. How, if I may ask, by threatening a lame-duck Kanu and Biafra that has no price, or priding ourselves that we can stand when we have refused to start standing. The South-West despite Bola Tinubu’s crookedness is chasing a semblance of regional integration; the South- East and South-South are not left out. States have even gone ahead to use their emblem and are creating identities. We are still seen as Fulani herdsmen asking for reserves on other peoples’ lands and seeking nomadic education because we can’t do regular school. We need to bash ourselves, the larger North, the smaller Arewa needs to stop lying to itself and her people. There are current realities, where do we fit into it? I will end this admonition in the words of one of the problem sons of the North, TY Danjuma, “We need to think more, pray more, plan more, work harder, relate better, and talk less. Battles are better fought and won through wisdom and strategy than through inflammable pronouncements and political tantrums.” This is to the North but it does apply to Nigeria, the current hate quotient is high - for how long, only time will tell. Dr. Dickson is a Freelance journalist and can be reached at pcdbooks@outlook.com

T H I S D AY Ëž Ëœ Í˛Ëœ 2017

EDITORIAL THE CALL FOR ADR MECHANISM The alternative means of resolving disputes deserves more attention

ascinated by the way and manner disputes were amicably resolved by African people through mediation and arbitration during the colonial era, the British authorities took away certain lessons which they ďŹ ne-tuned and integrated into their legal system as Alternative Dispute Resolution (ADR). Meanwhile, in place of unending adjudicatory system, many other western countries have also embraced our contribution to modern jurisprudence which Mr Femi Falana, SAN, once said should be described as â€œAfrican Dispute Resolutionâ€? mechanism. It is a system we have for long abandoned. Fortunately, the idea of ADR is now gaining currency with the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, advocating that it could help to hasten the disposition of cases in response to the remark by Acting President Yemi Osinbajo that the â€œcrawlingâ€? judicial process poses a nightmare for investors in the country. We believe the call is very timely and should be embraced in view of the challenges that are inMANY NIGERIANS herent in the current form of adjudication. ARE TURNING TO ADR The immediate BECAUSE IT IS CAPABLE past CJN, Justice OF RESOLVING DISPUTES Mahmud MohamMUCH FASTER WHEN med made the use of COMPARED TO LITIGATION, ADR one of his major JUST AS IT DOES NOT HAVE pre-occupations. He TO FOLLOW STRINGENT promoted the idea PROCEDURE of evaluating judges based on the number of cases decided through ADR in addition to the number of cases determined through the formal legal system. So, it is not as if the idea is new. The main challenge is that it has not been institutionalised. The decision to switch to ADR should not come as a surprise to anyone who has had a bitter experience while trying to get the courts to determine their case. It is not only time consuming but expensive. Corruption within the judicial system has also almost

Letters to the Editor

rendered useless the basic tenets of rule of law as courts of coordinate jurisdiction render different opinions on similar facts. With that, they make a mockery of the pillar upon which the British legal system was built.

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oday, many Nigerians are turning to ADR because it is capable of resolving disputes much faster when compared to litigation just as it does not have to follow stringent procedure. Those who rely on ADR to resolve their disagreements are likely to spend less money compared to those who choose the adversarial court system. ADR is also convenient to use as it allows parties and their witnesses to take their time. It may dispense with oral hearings and rely only on documents. Apart from being convenient, it is also very ďŹ‚exible; much unlike litigation which is rigid. Besides, a major advantage of ADR is that it is most suitable for our environment. Being conciliatory in nature, parties are not likely to become enemies after their disagreement has been resolved. When three arbitrators render an opinion on a dispute, their decision is likely to be correct and should ordinarily enjoy more acceptability compared to the decision of a judge. Again, because ADR takes advantage of modern technology in resolving disputes, it is more precise, efďŹ cient and fast. Today, judges take note in longhand and spend longer time in determining cases to the detriment of investors who want their cases resolved quickly. However, despite the foregoing, many people still remain sceptical of the efďŹ cacy of ADR hence the preference for taking matters to court. Enforcement is perhaps the biggest challenge. Since it is not yet institutionalised, there is always the possibility that those who get unfavourable verdicts in arbitration could then resort to the regular court thus making the entire exercise a waste of time. Yet all factors considered, we agree with Justice Onnoghen that under our current circumstance, mediation and arbitration may help in the amicable resolution of judicial conďŹ‚icts in our country.

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HAS ABIOLA AJIMOBI FAILED US?

fter my state, Oyo, has been able to suppress the problem of insecurity, I decided to check back. There was this widespread belief then that the incumbent government in the state might not be the best for us, but with much of the conviction I had within me, I said no to the inner thought that kept asking me to rethink my final decision to support the governor. What killed the only negative thought then was the â€œpeaceâ€? we were enjoying. Growing up was war. From one gladiator within and around you, in the town and state. We once had a man called â€œYellowâ€?. He was the head of National Union of Road Transport Workers (NURTW) in Ogbomoso. Back then, the fight for supremacy was tough in Oyo State, a man called Alhaji Lateef Akinsola popularly known as â€˜Tokyoâ€™ and his later estranged deputy, late Alhaji Lateef Salako a.k.a Eleweomo were â€˜terrorisingâ€™ the whole state from the days of former governor Lam Adesina, but it wasnâ€™t that obvious. Late Lam Adesina, unlike his successors, didnâ€™t meddle in the business of NURTW. In 2001, the â€˜untouchableâ€™ union leaders went ahead to cut the arm of their challengers from Ogbomoso. â€œYellowâ€? was whisked away at the middle of the night of his installation as the chairman of the union, Ogbomoso chapter by suspected thugs from Tokyo who was the union chairman in the state back then. During the battle for supremacy in Ogbomoso, when the boys of Tokyo tried to challenge Yellow, he reportedly went to one of their motor parks to challenge them openly where it was reported that he used a white handkerchief to â€˜divertâ€™ a bullet.

Yes, that sounds magical but that was the event that made him overpowered Tokyo faction in Ogbomoso. He was too strong for them but he seemed to have forgotten that magical power fails. Years after Lam Adesina death, Governor Rashidi Ladoja emerged with the help of NURTW. Then the dark days started in my dear Oyo State. Pa Lamidi Adedibu who so much believed in the use of force started his reign. Adebayo Alao-Akala, the incumbentâ€™s predecessor came into power with assistance from the then deputy chairman of NURTW in the state, Alhaji Lateef Salako Eleweomo. Those were the days some newspapers referred to as â€œIbadanâ€™s week of daggers, bullets and bloodâ€?. Few years later, the same NURTW leaders started killing in a battle of supremacy. In 2010, in the buildup to the election where Governor Ajimobi emerged, three political parties battled for the seat. They visited various towns during the electioneering, using thugs from the transport union to intimidate and harass. people. Lateef and Rotimi, two youths who believed in the future of the country started supporting the Peoples Democratic Party. They pasted campaign posters of Alao-Akala in front of his known opponentsâ€™ house. It didnâ€™t occur to the boys that they had stepped on powerful toes until few days later when one of them was shot in a market in Ogbomoso. Lateef died on the spot. Those were the horrible and dreaded days we got exposed to as we were growing up. When Ajimobi came on board, he overpowered them and reduced their menace to the barest minimum. He was able to stop the act of war and violence. I was happy from afar, for not hearing death, war and violence from my state again. My understanding

is based on the fact that the soul that has his life with him will think of tomorrow. And so with the efforts put in place to curb the violence, I was happy. During the 2015 election campaign, I was privileged to be around and as usual, rice, cap, shirt and other Greek gifts used to entice citizens were freely distributed. On our way to a town, the people joyfully came to welcome the governor and his entourage. As usual, the governor stood on his campaign bus and was throwing shirts, caps, rice at them, some of them were fighting ridiculously over all the items. I was in a bus and overhead some people chanting, â€œThrow money to us, we donâ€™t want riceâ€?. It was disappointing. With rice, I knew they had â€˜eatenâ€™ one year campaign. Ajimobi second tenure started, I received a call from a friend that he hasnâ€™t been paid for eight months. Then I saw on the pages of newspapers that the governor is planning to start the construction of Ibadan rail line. Needless to say that I was angry and sad, then I recalled â€œThrow money to usâ€?. Then I recalled most of the projects started by the governor, I began to ask him about the projects and he kept telling me none had been completed even though he had a time frame for them all. When he won the election for his first term, he made sure that Ibadan became the cleanest city in the southwestern part of the country. He received praises for this but shortly after the first two years in office, he became relaxed. Workers who had tasted the wickedness of the last administration and arrogant policies of Akala started enjoying until two years after his first tenure. Oguntoye Opeyemi , @equityoyo

T H I S D AY ˾ TUESDAY, JULY 4,, 2017

POLITICS

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

EXECUTIVE BRIEFING

Play by the Rules or Risk Judicial Hammer Politicians’ inability to abide by the law, especially their own parties’ constitutions, is giving the judiciary more say in parties’ internal affairs, something judges hate to do, writes Davidson Iriekpen

s a warning to political parties in the country, the Supreme Court penultimate week sacked two lawmakers from the National Assembly. While Sani Danlandi of the Peoples Democratic Party (PDP) was sacked from the Senate, Herman Hembe of the All Progressives Congress (APC) was asked to leave the House of Representatives. The court warned political parties to always comply with the provisions of the laws of the land and their own rules while nominating candidates for elections. It also insisted that political parties that failed to play by the rules have “a hard and very bitter lesson” to learn. The apex court in the lead judgment read by Justice Amina Augie, removed Danladi who represented Taraba North senatorial district over his party’s failure to comply with the laws and the rules in presenting him for election in 2015. She held: “This is a hard and very bitter lesson for political parties to learn. They may have chosen candidates or eminent personalities they want to present as candidates to the Independent National Electoral Commission (INEC), but they have to play by the rules. The chosen candidates must comply with requirements of the law; they must abide by the provisions of the Electoral Act, which creates a level playing field for all aspirants who seek to contest elections. So, the political parties and their candidates must obey the rules.” The Chief Justice of Nigeria, Justice Walter Onnoghen, who headed the delivered the lead judgment that sacked Hembe as member representing the Vandeikya/Konshisha Federal Constituency of Benue State in the House of Representatives, stated: “The truth must be told, that the first and second defendants (Hembe and APC respectively) did not respect the provisions of the Electoral Act and the Constitution of the second defendant (the APC) in the conduct of the primaries. “This court (the Supreme Court) has decided in quite a number of cases that political parties must obey their own constitutions as the court will not allow them to act arbitrarily or as they like. From all I have endeavoured to say above, it is crystal clear that the primaries, which produced the first defendant (Hembe), was fraught with manifold irregularities aside from the fact that he was not even qualified to contest same.” Expressing its anger further, the court in the two separate judgments, ordered Danladi and Hembe to refund all the salaries and or emoluments which they had collected while occupying their respective seats in the National Assembly. It also ordered INEC to withdraw the certificates of return issued to them. It further ordered INEC to issue fresh certificate of return to Isah Lau to replace Umar as the Taraba North senator. The court ordered INEC to issue a fresh certificate of return to Mrs. Dorothy Mato to replace Hembe as the lawmaker representing Vandeikya/Konshisha Federal Constituency. It also ordered the Senate President to swear in Shuaibu Lau as Danladi’s replacement, and that the Speaker or Clerk of the House of Representatives should do same to Mato as a replacement for Hembe. The apex court held that both Danladi and Hembe were not the proper candidates of their parties for the last legislative elections. For Lau, it was a long road to victory. In October 2015, the election petition tribunal in Jalingo, the Taraba State capital, had nullified Danladi’s election and pronounced him (Lau) as the winner of the primary. Lau had claimed that he was wrongfully substituted by the PDP. The tribunal declared the primary “inconclusive,”

Onnoghen...political parties must obey the law

saying it was in violation of the Electoral Act 2010. It said there were irregularities in 48 polling units which disfranchised more than 36,000 eligible voters from participating in the poll. It ordered fresh election in the 48 polling units spread across 13 wards in three local government areas in the senatorial district. Dissatisfied with the judgement, Danladi challenged the decision of the lower court at the Court of Appeal. In its judgment, the Appeal Court held that nomination, sponsorship and substitution of candidate for election was a domestic affairs of a political party and it is outside the jurisdiction of any court to impose candidate on a party. But the apex court held that the appellant who

Expressing its anger further, the court in the two separate judgments, ordered Danladi and Hembe to refund all the salaries and or emoluments which they had collected while occupying their respective seats in the National Assembly. It also ordered INEC to withdraw the certiﬁcates of return issued to them

contested the primary in 2014 has the legal right to challenge the decision of the PDP particularly as Danladi did not participate in the primary. Danladi’s case was an interesting one. In 2014, the Supreme Court had restored him as the deputy governor of Taraba State after a legal battle that lasted for about two years following his impeachment from office in October 2012 over allegations of gross misconduct against him. He was also accused among others of diverting projects to places he had personal interest, including his school. “By virtue of your being the deputy governor of Taraba State, you had easy access to the office of the federal government/World Bank’s Millennium Development Goals projects in the state and other state agencies. And in that capacity, therefore, you used your office and influence and caused to be diverted MDGs facilities and street light projects to Yaggai Academy, a private school owned and operated by Yaggai Academy Limited, with you as the alter ego of the company and thereby denying the underprivileged members of the state access to and use of such facilities, and doing so contravenes the oath of office you sworn to,” the document containing the allegations read. Despite challenging the integrity of its members by Danladi, the judicial panel constituted to investigate the allegations against the former deputy governor continued with its assignment and recommended his removal from office by impeachment. Subsequently, 20 out the 24 members of state House of Assembly found him guilty of the allegations. Three of the lawmakers were absent from the sitting while the remaining one abstained from voting. The then governor, Danbaba Suntai, soon replaced Danladi with Garba Umar. That was shortly before Suntai was involved in a fatal plane crash that almost rendered him incapacitated. Dissatisfied with the manner he was removed, Danladi proceeded to court to challenge his removal. After about two years, he was reinstated by the Supreme Court. The appeal panel of the court whose unanimous decision was read by Justice Sylvester Ngwuta, had the current Chief

Justice of Nigeria, Samuel Onnoghen, Bode Rhodes-Vivour, Kumayi Aka’ahs, Kudirat Kekere-Ekun and John Okoro as members. “In effect, at all material times, the appellant, Alhaji Sani Abubakar Danladi, remained and still remains the deputy governor of Taraba State and he is to resume his interrupted duties of his office,” the Supreme Court said on November 21, 2104. “Impeachment of elected politicians is a very serious matter and should not be conducted as a matter of course it has implications for the impeached and the electorate, who bestowed the mandate on him. “Whether it takes one day or the three months prescribed by law, the rules of due process must be strictly followed. If the matter is left at the whims and caprices of politicians and their panels, a state or even the entire country could be reduced to a status of banana republic.” Following the judgement, Danladi was to act as governor until 2015 when Suntai’s second term as governor ended. By the time he resumed office, there was no doubt that everything about primary elections in the PDP was almost concluded but as governor, Danladi thought he could use his influence to turn back the hands of the clock. He was eventually elected into the Senate on March 28, 2015. As his tenure ended on May 29, 2015, he resumed in the Senate in June 2015 until he was sacked. Since the judgments were delivered, political analysts have been commending the Supreme Court. They see the judgments as what could help to tame or reduce impunity in political parties. In almost all the political parties, impunity has become the order of the day. Not only have moneybags hijacked the parties, they now dictate their activities, processes and those who should run for elective offices to the detriment of others. Observes believe that if the courts continue to stand up to the parties which do not follow due process just as the Supreme Court has done, it would help in putting sanity and transparency in their activities. They also warned the courts to not always be carried away by the argument that nomination, sponsorship and substitution of candidate for election is a domestic affairs of political parties and such, it is outside the jurisdiction of any court to allow the parties to continue perpetrate injustice and impunity. Be that as it may, analysts however expressed reservation over the decision of the apex court allowing candidates who did not contest election to be foisted on the Senate and the House of Representatives to represent the respective senatorial district and federal constituency despite the fact that their names were not on the ballot. Many observers also believe that it is because of some of the injustices usually meted out to aspirants by political parties that sometimes fuel defection and political prostitution presently being experienced in the country. After the Supreme Court’s decision in the Chibuike Rotimi Amaechi’s case, the laws of the country were amended to correct what many had thought was an anomaly when Amaechi who did not contest election, was declared the governor by the Supreme Court in 2007. The amendment which was made to correct the ‘anomaly’ is to the effect that no individual shall be deemed to have won an election if he did not stand for election into that particular office in Nigeria. Unfortunately again, the Supreme Court with the instant cases, has ignored the law by ordering the leaderships of the National Assembly to swear in Lau and Mato into both chambers with immediate effect without recourse to the candidates of other political parties who contested the elections with Danladi and Hembe.

T H I S D AY ˾ TUESDAY, JULY 4, 2017

FOR THE RECORD

Biafra: The Legal, Political, Economic, and Social Questions

e know very well that the toad does not run in the daytime for nothing; if it is not after something, then something must be after it. Although Nigeria is not new to agitations of all kinds, the nation has of recent been caught in a cacophony of agitations by different groups and sections of the country. In particular, these agitations have been most pronounced in the South-east, where the activities of various pro-Biafra groups have been most pronounced. There have also been loud and well-meaning voices in the South-east and all over the country strongly canvassing a restructuring of the country. All these point to the fact that there is widespread dissatisfaction over how Nigeria is presently constituted and run. The South-east region, in particular, has, no doubt, been at the worst receiving end of the structural imbalances with ripples of disequilibrium in the distribution of resources and opportunities since the end of the civil war in 1970. This, as we know, are at the root of the disquiet and agitation by various groups for a sovereign state of Biafra. Although the Biafra agitation has been with us even during the regimes of former Presidents Olusegun Obasanjo, Umaru Yar’Adua, and Goodluck Jonathan, it was managed, through tact and semblance of inclusiveness. Thus, after Ralph Uwazulike’s arrest and release from detention by the Yar’Adua administration, the agitation withered greatly. It was even much less noticeable under the Jonathan Administration because the South-east was given a greater sense of belonging. Therefore, the renewed and aggravated agitations across the South-east, the hero status of the leader of the Indigenous People of Biafra (IPOB), the growing pro-Biafra sentiments in the South-east, and the widespread feelings of alienation and disgust with the Nigerian project since after the 2015 general election can be traced to the mistreatment of the region, which graduated from marginalization to exclusion, based on the 97 percent and 5 percent policy of the present administration. However, while our people have every reason to be aggrieved and the right to vent their frustrations and seek equity and justice by democratic and non-violent means, we should also not allow our emotions to rule over our reasoning. As our people say, it will not be good to hear that the she-goat delivered in tether when elders are at home. Questions would eventually be asked. History would inquire if no elder was at home when the toad put to bed and the baby toad grew up a puffed creature because no one cared to stretch its hands or legs. There are two major opinions as to the way forward for Ndigbo at a trying time like this. We have mostly the younger generation, who believe they have had enough of the Nigerian union, which they have described in unprintable terms. The other is restructuring, which seems to appeal more to the older generation. Legal Issues Beyond sentiments, it needs to be emphasised that Nigeria is a sovereign state, with a defined territory recognised by the international community. She is a member of the United Nations (UN), African Union (AU), and the Economic Community of West African States (ECOWAS), among others. This territory includes the South-east region. While the right to self-determination is guaranteed under the international systems, specifically the United Nations and African Union, this right has laid down procedures that must be religiously followed. For instance, while the call for referendum is legal; they do not come by fiat. Referendum is the ultimate result of wide and long negotiations, consultations, and processes involving the international community as we have seen in the cases of Scotland in the United Kingdom, Catalonia in Spain, Quebec in Canada, and recently in Puerto Rico as well as the successful secession of East Timor from Indonesia, Eritrea from Ethiopia, and South Sudan from Sudan. Unless these due processes are observed, as in the case of Eritrea, East Timor, and South Sudan, such enclaves will not be recognised as sovereign states by the international community. I have followed incisive arguments on this matter and looked at the history of other secessionist efforts in other parts of the world. For example, about 43 years after it broke away from Cyprus

equity, security, and prosperity for Ndigbo wherever they live. What we need is a federalism where each constituent part fends for itself to promote industry. We need a federal arrangement that guarantees and allows every constituent state or region to be primarily in charge of its aspirations and preferences to catalyse competitive development. We need a mutually agreed arrangement that allows every component to take charge of the security of lives and properties of citizens through decentralised policing, while the Federal Government takes care of defending our territorial integrity. We need a federal arrangement where the best excel, and does not have to be sacrificed in the name of federal character. We need a restructured federation where the Igbo man or woman, and indeed, every Nigerian can live and ply his or her business without any form of discrimination, molestation, and destruction of his or her life and property on the flimsiest excuses. Igbos should be better off in a federation where they freely exercise their democratic rights without being hounded and killed by security forces. We need a federal structure that guarantees smart and efficient government. And I believe these are possible if the leaders and constituent parts of the nation come to the table with sincerity of purpose. We should push for that, please. Ekweremadu....injustice fueling agitation should be addressed

in 1974, with the help of the Turkish Army, the Turkish Republic of Northern Cyprus (Northern Cyprus) is yet to be recognised as a sovereign nation by any nation because of lack of due process. The citizens can only travel with the passport of Turkey as citizens of Turkey, not Northern Cyprus. Today, there is widespread agitation by citizens of North Cyprus to be rejoined to Cyprus. There is also the case of Somaliland. Almost three decades after it declared itself a sovereign state from the Federal Republic of Somalia, the best the self-declared Republic (British Somaliland) has achieved is recognition as an autonomous state, but still part of Somalia in spite of the fact that Somalia is a failed state. We also have the Russia-backed breakaway Eastern Ukraine, which still uses the Ukrainian international passport and currency, several years after. It does not matter that it is backed by Russia, a world super power. In the Caucasus, the breakaway South Ossetia and Abkazia from Georgia are only recognised by Russia more than 10 years after. They can only travel as Russian citizens with Russian international passport. The international community still recognises them as citizens of Georgia. Political Considerations Ndigbo also need to understand both the local and international political tides and sentiments to be able to make the right choices because the considerations for self-determination go beyond just the South-east. Already, extreme utterances and actions by some key elements in the agitation for Biafra are taking tolls on our goodwill, friendship, and the sympathy we enjoy. Insults hurled at religious and political leaders of other regions are not helping us, politically. Today, discordant tunes over the boundaries or territories of a prospective sovereign State of Biafra is growing in proportions with the hard wickets hurled at our neigbours and compatriots. Indeed, as things stand today, the greater part of South-south region have continued to discountenance the idea of Biafra, perhaps, for these utterances or fear of becoming a minority within another sovereign state. Only recently, the Governor of Rivers State was in Sokoto to reiterate that the people of Rivers State are rather in support of a restructured Nigeria, not a sovereign state of Biafra. Similarly, the people of Delta State have reiterated that Delta State, including the Anioma cultural zone, which is Igbo, will not be part of Biafra. The truth is, times have changed, and so have political interests because 1967 is different from 2017. So much water has passed under the bridge and we have to be realistic. Economic Implications As I earlier said, there is serious clamour for

Northern Cyprus to rejoin Cyprus. Beside the frustrations from isolation, the economy is also at the heart of it. The Monday, June 26, 2017 edition of UK’s newspaper, The Telegraph estimates that the reunification of the tiny island could boost its Gross Domestic Product (GDP) by GBP5 Billion. South-east’s political future should therefore be put in context of its economic interest and survival. The Igbos have larger chunk of their investments outside the South-east. Our people have invested heavily in every nook and cranny of Nigeria. They are into trading. Imagine a situation where a Republic of Biafra would have to depend on Nigerian passports to travel out. Importantly, as I mentioned earlier, we are not certain that the South-south will go with the Biafra idea. And in the event that they do not, what are our options for economic survival? Flowing from this, what guarantee do we have for international support if the main oil bearing region pulls out, knowing that no nation is a Santa Claus? Social Considerations Nigeria has never been as divided as it is today. The hate rhetoric is getting worse by the day. Parting ways under such level of bitterness could be risky to the investments and lives of the South Easterners. Realistically speaking, is it possible that all Ndigbo living in the other parts of Nigeria, many of whom were born and bred outside Igbo land, and have been well assimilated by their host communities will return home? Many have never visited home and do not even speak Igbo language. Can we realistically expect those who have their investments in other parts of Nigeria to willingly abandon them and head home? Although international systems seek to guarantee the security of lives of peoples and their properties on either side of the divides, should there be a self-determination process that leads to the emergence of a new nation, such guarantees are not absolute and difficult to enforce, especially in a society such as ours. The quit notice and hate spewed by the Arewa youth to Ndigbo point to the fact that all is not well. And it calls for caution because the mother hen does not run without looking back to know the fate of her chicks. Right template for Restructuring The other option left for us is a restructured federation. Ndigbo need to develop and market what it believes to be the right template for restructuring. The Eastern Region was rated the fastest growing economy in Africa in the First Republic because the regions were relatively autonomous; resources were largely developed and controlled by the regions. I believe Ndigbo will thrive, probably more than other regions, under a federal structure that guarantees substantial autonomy, justice,

Way forward (i) Going forward, we need to set up a committee for a continuous engagement and moderation of IPOB, other pro-Biafra organisations and their leaders to avoid hate speeches and reckless statements that will make us lose our friends and sympathisers. (ii) We need to send a team of South-east leaders to have yet another meeting with the Presidency, this time to tell them, in clear terms, the need to address the fears and complaints about marginalisation of the people of the Southeast by this government, which is fueling the agitation in our region. Government needs to take concrete steps and demonstrate commitment in addressing the said complaints. This will help the South-east leaders to manage the restiveness. (iii) The Igbos must continue to emphasise restructuring, which is presently enjoying acceptance by the South-south, South-west, Northern-central, and well meaning people from other parts of the North. I believe that at the discussion table for restructuring, we will have sufficient allies that will enable us extract a good bargain for a just and equitable society, where we will, no doubt, excel. Ndigbo need a bigger space to operate. In fact, Nigeria as a country is even a small space for the enterprising spirit of the Igbo, hence our people are scattered all over Africa and are capable of dominating the economic space. (iv) We need to send delegations to different entities of the North, especially Sokoto, Kaduna, Kano, Maiduguri, Adamawa, Katsina, Bauchi, Gombe, Jigawa, among others, to engage the respective governors and top traditional rulers and clerics who will also help to moderate the utterances and actions of the Northern youth. These, I believe, will secure the lives and properties of our people all over the north and avoid their possible mass movement ahead of the October deadline contained in the threat by the Northern youth. (v) We need to send another delegation to meet with the Chief of Defence Staff, InspectorGeneral of Police, National Security Adviser, and the Director-General of the Department of State Security to express our concern over the safety of the lives and properties of our people living in the North and to urge them to take every necessary step to protect them. Finally, whatever choices we make, we must not allow ourselves to be ruled by our emotions, but by reasoning. The same tree stump does not trip a wise man twice. We must learn from the past and act wisely and decisively. Likewise, we must endeavour to present our demands in a civilized manner and in a language that is cognizant of other people’s sensibilities, not in a provocative or rancorous manner. Senator Ekweremadu is the Deputy President of the Senate, and delivered this address at the meeting of South-east governors, National Assembly, Ohanaeze Ndigbo and Igbo leaders on political developments in the South-east and state of the nation on July 1, 2017

TUESDAY, JULY 4, 2017 ˾ T H I S D AY

FEATURES

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

MTN Foundation: Changing Lives MTN Foundation, through its ‘What Can We Do Together’ initiative is changing the narrative, as over 10 million Nigerians are benefitting from its current nationwide humanitarian projects. Martins Iﬁjeh writes

hile many Nigerians complain of epileptic power supply, there are communities that do not have the luxury of complaining of insufficient electricity. They do not know how the basic amenity feels like, because it has never been brought to them. When evenings come, such communities are at the mercy of the moonlight and candlesticks. Ojerim community in Mbube East, Ogoja, Cross River State was one of such communities. Since the past 20 years when they last had a working transformer, they have been commemorating darkness year in year out. In fact, youths of age 20 and below in the community did not know what it felt like to enjoy electricity. They had wished they could even complain like other Nigerians who were complaining of poor power supply. Theirs was total darkness for two decades. They had resigned to fate and taken it like their way of life, until the community was nominated to enjoy the ‘What We Can Do Together’ initiative of MTN Foundation. Soon Ojerim community took ownership of a 500KVA transformer which was installed to serve the tens of thousands of its dwellers. It was the best thing that had happened to them in decades. Those who had packed their televisions started to bring them back in their sitting rooms. Now they looked forward to watching ‘Tales by Moon Light’ or other programmes they had left behind 20 years ago. They would come to find out the world had moved on since then and 21st Century programmes have taken over the old television series they were used to. Among the most happiest persons in Ojerim for the gesture was the head of the community, Chief Francis Alakpa, whose joy knew no bound. He said living to see that Ojerim had come back to its glory after 20 years was a fulfillment for him. “Our people have been in pains for over two decades, while neighbouring communities enjoyed regular power supply. Today, we have cause to rejoice because our hope has been restored,” he said. Like Ojerim, the Umuzocha community in Awka South Local Government Area of Anambra State was among the disadvantaged communities in the country. They had no power supply. Since their previous transformer packed up, no government or stakeholder came to their aid. They went back to living the lives of their fore-fathers where no one bothered about electricity. But like a lion that scavenges for its cubs, MTN Foundation, through the current phase of ‘What We Can Do Together’ initiative, found Umuzocha, identified their biggest need and brought succour to their door step. A 500KVA transformer was installed for them. Electricity is back to the community. For Umuzocha community, it is breathing life to a dead situation. One of their community leaders, Chief Chukwudi Nnajide, who had initially expressed skepticism about the authenticity of the programme, described it as a real noble gesture that will benefit the community for many years to come. The nominator of the project in Umuzocha, Mr. Charles Okoli, recounted his ordeal as an off-campus student of Nnamdi Azikiwe University (UNIZIK) Awka, with issues of epileptic power supply during his studies. “Studying at night was an issue because when I get back from school there is no electricity. The only transformer serving the community packed up due to overload. I am happy I championed the cause to make this huge impact to improve the lives of people in my community,” Okoli said Ojerim and Umuzocha are not the only

Class teacher, Hajiya Adama Kabir, with pupils of Central Primary School Gamawa, Bauchi State, writing on the sets of school furniture provived by MTN Foundation

communities that have benefitted from the distribution of transformers under the current phase of the initiative. So far, 40 communities across 40 local government areas have taken ownership of 500 KVA transformer each in the phase two of the project. Away from distribution and installation of transformers to communities in need, ‘What Can We Do Together’ initiative also identified lack of adequate affordable and accessible healthcare as a major cause of high mortality rate in the country, especially maternal and infant mortality, hence the initiative supports government in this regard. For instance, in Ilupeju in Oye Local Government, Ekiti State, the Primary Health Centre serving the community lacked some basic tools to run smoothly. The community was therefore among the several communities selected to benefit from healthcare palliatives

MTN Foundation, through the current phase of ‘What We Can Do Together’ initiative, found Umuzocha, identiﬁed their biggest need and brought succour to their door step. A 500KVA transformer was installed for them. Electricity is back to the community. For Umuzocha community, it is breathing life to a dead situation

under the scheme. MTN Foundation, in supporting the state government’s drive to achieve a sustainable healthcare system, donated medical facilities to the community’s Primary Health Care. The equipment donated include, one hospital bed, standard hospital mattresses, pillows, urinary bed screens, stretchers (manual and collapsible), stethoscopes, delivery beds, weighing scales, Snellen charts, baby weighing scales, foetal doppler, manual suction machine, vacuum extractors, BP monitors, sterilising sets and others. Deeply excited about the development, Matron of the Centre, Mrs. Sarah Ogunmola thanked God and the Foundation for the donations. She said, “we no longer need to refer patients who need to hear their baby’s heartbeat to hospitals in distant places again.” Awe Modupe, a student with the Midwifery Services Scheme also said, “I never saw that coming, it was like a dream come true. We weren’t expecting anything from anyone at this time when everybody is complaining about the economy. When I saw the foetal doppler hand machine donated, I was overjoyed. In fact, I am still very happy. I just said to myself that God has finally answered our prayers.” In Bauchi State recently, the Foundation partnered with the government in improving the education sector and achieving the Sustainable Development Goals (SDGs) for Nigerian children. Extreme joy, excitement and gratitude best describe the feelings of the pupils, parents and teachers of Gamawa Central Primary school, Bauchi, as they received brand new sets of school desks and chairs as part of the ‘What Can We Do Together’ initiative, Phase 2. Receiving the items, the Local Education Authority and Assistant Head, Gamawa Central Primary School, Auwalu Habu, appreciated the Foundation for adding to their efforts as the donation, he notes, will surely grow the learner’s self-confidence to attend school, feeling warm and comfortable. According to the Executive Secretary, MTN Foundation, Nonny Ugboma, “In the first and second phases of the initiative, over 170 schools have received furniture donations

with each school getting an average of 60 sets of furniture. In cumulative figures, about 30,000 pupils have benefited from school furniture donations under this initiative.” Having also identified lack of access to safe water as a major worry for millions of Nigerians, the initiative also tilted its bias towards this area in order to help Nigerians in preventing diseases occasioned by unclean water. Residents of Ibrahim Waziri community in Yobe State recently woke up to a pleasant surprise of having water borehole drilled in their community. For the majority of the residents, the provision could not have come at a better time, particularly with their continuous struggle against water borne diseases in the community. The Chief Imam of Ibrahim Waziri community, Mallam Aliyu Musa, commended the Foundation for heeding the call of the community and implementing such a worthy project, stating that it will positively impact the entire community. One of the community leaders, Mohammed Goroma said, “communities with safe water have healthier members, whose bodies are more resistant to illnesses that come with tragedy and displacement. We are happy that the construction of this borehole is a relief to members of this community.” MTN Foundation’s ‘What Can We Do Together’ initiative was launched in 2015 as part of its 10th year anniversary to impact over 10 million Nigerians in various communities across the country. According to Ugboma, the initiative was borne out of the need to give every Nigerian the opportunity to make a difference in their communities. “In Phase one, 200 communities benefitted from 200 projects in four focus areas of: transformers, boreholes, school furniture and orphanage donations. The beneficiary communities were selected from a pool of over 10,000 nominations received across the country. At the end of Phase one, 20 communities received a 500KVA transformer each. Another set of 20 communities received a 650ft borehole each, while 94 schools in various communities received 100 sets of school furniture each and 66 orphanages received household item donations.

˾ T H I S D AY TUESDAY˜ Ͳ˜ Ͱͮͯ͵

FEATURES “When the idea of this initiative was conceived, we wanted to do something refreshingly different for our communities, and attempt to redefine the concept of social giving. The initial goal of this project was to thank Nigerians by implementing 200 projects across 200 communities in 200 local governments across Nigeria,” said Ugboma. Speaking further, she explained that all the projects were selected based on nominations from members of the public. “At the end, 200 communities were chosen to benefit, and announcements were made in the newspapers and social media. Today, I am pleased to report that all the 200 projects have been successfully implemented. “In Phase two of the initiative, 200 communities were selected from a pool of over 80,000 nominations following a rigorous screening process. Through this process, 20 communities were selected to receive a 500KVA transformer each, 80 schools to receive 60 sets of school furniture each, 80 PHCs to receive modern medical equipment and another 20 communities to receive a 650ft water borehole each. While some of these projects have been delivered and installed in the beneficiary communities, installations and deliveries are ongoing in the remaining beneficiary communities across the country,” she added. She said at the end of the ongoing Phase two of the initiative, a total of 349 local government areas and 400 communities would have benefitted from the various projects in the 36 states including the Federal Capital Territory (FCT) Abuja. Adding that it is estimated that the projects in their various capacities will impact over 10 million Nigerians across the country. While noting that this was a healthy development that will impact the socio-economic growth and development of community dwellers. She said the advent of electricity to communities that previously were without electricity, would bring economic activities to become visible there. “Those without access to clean water will have a better experience with access to clean and hygienic water through the installation of 40 650ft boreholes in 40 communities across the country. These will impact on their healthy living as they will no longer be prone to water borne diseases.

Elders of Erinle community at the Muslim Junior Secondary School, Erinle, Kwara State

Some of the equipment donated by MTN Foundation to Riruwei Basic Health Centre, Doguwa Local Government, Kano State

In Phase two of the initiative, 200 communities were selected from a pool of over 80,000 nominations following a rigorous screening process. Through this process, 20 communities were selected to receive a 500KVA transformer each, 80 schools to receive 60 sets of school furniture each, 80 PHCs to receive modern medical equipment and another 20 communities to receive a 650ft water borehole each. While some of these projects have been delivered and installed in the beneﬁciary communities, installations and deliveries are ongoing in the remaining beneﬁciary communities across the country

The sets of furniture donated by MTN Foundation to the Muslim Junior Secondary School, Erinle, Kwara State

“The story is also inspiring for over 170 schools across 170 beneficiary communities that have received about 15,000 sets of furniture. This will see about 30,000 students benefiting from this gesture. This donation will improve the learning environment and ultimately impact their academic performance positively. “This is a new lease of life for the communities that have received medical equipment

in hospitals across the country. This has improved access to quality healthcare by rural dwellers," she said. She added that the initiative was well received and lauded by various community dwellers across the country in the areas of education through the donation of school furniture; health, through the donation of medical supplies and economic empowerment through the donations of transformers and

boreholes. “These projects will go a long a way in improving the quality of lives in these communities as they expressed in excitement,” she added. On his part, Chairman, MTN Nigeria, Dr. Pascal Dozie maintained that “as a responsible corporate citizen, one must give. We prefer to call it social investment; for these are the people who patronise us on a daily basis and we see it as crucial to invest in their welfare.”

T H I S D AY TUESDAY JULY 4, 2017

WEEKLY PULL-OUT

04.07.2017

THE QUEST FOR A TRUE NIGERIAN FEDERATION: OPTIONS

2/DASHBOARD

04.07.2017

Eﬀect of Order of Substituted Service on Marking Processes for Service Out of Jurisdiction PAGE 4

Shun Practices not Advancing the Course of Justice, Law School DG Advices Lawyers PAGE 5

Eastern Bar Forum Elects New EXCO PAGE 6

‘For Hardworking Lawyers, No Room for Poverty’ PAGE 6

QUOTABLES 'It is reassuring that the President has finally spoken to Nigerians through that audio message. But I think it could have been better handled. The President should have spoken to all Nigerians in the official language, the lingua franca which is English Language. That message seems to be restricted to the Muslim Community in the Northern Part of the country.' – Femi Falana, SAN, Human Rights Activist

'Fayose is therefore, right to call for Mr President's resignation, because it is clear from Sections 143 and 144 of the Constitution, that the Federal Executive Council, which is made up of Ministers appointed by the President himself, can never recommend that Mr President be subjected to medical report by a Panel set up for that purpose.' – Mike Ozekhome, SAN, Human Rights Activist

Jam Jam’s Passage Has Created a Sad Vacuum at the Bar PAGE 14

NBA-Section on Business Law Honours Yetunde Okojie with Tare Yeri Star Award for Selﬂess Service PAGE 14

COLUMNIST ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

The Ill-Health of NBA Elections

Still on my London Trip efore I go into the topic for today, which is about members’ eligibility to vote in the Nigerian Bar Association (NBA) Lagos Branch elections now scheduled for sometime in July, I must tell you about another experience I had on my recent trip to London. Remember that I told you how smoothly and peacefully the General Elections went on June 8? As you may be aware, all British Citizens (and God knows who else), are entitled to free healthcare on the National Health Service (NHS). I was born in London on the sunny summer of afternoon of May 23, 1965, so naturally, I am also entitled. My GP (General Practitioner) had sent me a letter to come in and do some routine medical tests, so I had booked my appointment for the morning after my arrival in London. It was my first time at this particular clinic, as my old clinic had merged with another one. As I entered, it occurred to me that the NHS non-fee paying clinic, was better in appearance than most of the private hospitals that I have visited in Nigeria. On arrival at the Clinic, I simply registered my name on the list, and within 15 minutes, I was called. I did not need to see the doctor to do the tests, just the ‘Oga” Nurse. Within 30 minutes, I was in and out of the place. The Nurse told me that I would receive my results in the post within 2 weeks. Shi ke nan (that was that)! I didn’t pay even N5 for the whole experience. I have since received my results, which were prefect by the way! As I was leaving the Clinic, I thought to myself, “when will we ever have this kind of service in Nigeria?” My visit to the NHS Clinic was akin to a visit to a Primary Health Care Centre. There, Government Revenue is put to good use, for the benefit of the people. Even though Sections 17(3)(d) & (g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(1999 Constitution) provide that “there are adequate medical and health facilities for all persons;” and “provision is made for public assistance in deserving cases or other conditions of need;”, those provisions are more or less useless in Nigeria, just for decoration in the Constitution, as they do not obtain here, and the chapter in which they are contained in the Constitution, is not justiceable! I believe that if Chapter 2 of the Constitution is not made justiciable, Government will continue to get away with shirking its responsibilities, as Chapter 2 of the Constitution being justiceable is a way of holding Government accountable. I don’t know about today, but in the past, when Nigerian Citizens went to Government Hospitals, you paid for card, medication, supplies if you were on admission etc. I was watching some Nigerian National Health Insurance Scheme debate on television the other day, where the participants were saying that the scheme is also more or less useless and doesn’t work. That the allowance for an operation was a paltry N60,000 and that the Insurance Companies do not usually pay the claims, so unless you want to die in the hospital, they advice you to pay cash, as the hospitals are not keen on attending to those that come in on that insurance scheme! Some people say that Britain has been in existence for much longer than Nigeria and has therefore, had much more time to evolve. I simply do not buy that argument. It is a weak, lazy and defeatist argument. It is not “how long, but how well”. Nigeria has been a rich oil country for so many years. How have our successive governments made use of our oil revenue? Definitely not for the benefit of the people, or the development of decent infrastructure. Take Rwanda for example, which was ravaged by war less than 30 years ago, the GDP per capita has more than doubled since 1994 when there was war, and today. The GDP is even

higher than it was pre-war. Rwanda has made a remarkable transition from its post-war status. It has concentrated on rebuilding infrastructure that were destroyed during the war. In fact, Rwanda is now considered to be one of the more successful post-conflict development models in Africa. This feat has been achieved in much less time than Nigeria has had oil. Shame on the Nigerian Leadership. NBA Lagos Branch Anyway, on my return from London, a young friend of mine informed me that she would be running for office in the upcoming NBA Lagos Branch Elections. I happily told her that I had paid my National and Branch NBA dues timeously, so I would be there to vote. To which she replied “ah Aunty, qualification for voting is more complicated than that o. You are still relying on the 2003 NBA Lagos Branch Bye Laws. It is not just about dues, have you attended up to 5 monthly meetings within the last 1 year?” I told her that I had only attended 1 meeting during the relevant period. The 2003 NBA Bye Laws states – Eligibility to Vote – “To be eligible to vote a member shall be a financial member of the Branch, and shall have paid his/her annual dues for at least the current legal year of the election”.

That provision makes me eligible to vote. However, the Third Schedule to the NBA 2015 Constitution, Part 1 NBA Uniform Branch Bye Laws Section 16(1) provides that I must have paid my Practicing Fees and Branch dues for 2 years as and when due, and attended 5 monthly general meetings of the Branch within 12 months preceding the election. I will not bother to go into the judgement of Honourable Justice Tsoho of the Federal High Court, and whether the NBA Lagos Branch can lawfully and validly, use the amended 2015 NBA Constitution, as a basis for its activities and elections, since the said Constitution was declared null and void by the Court, by reason of its failure to comply with Section 598 of the Companies and Allied Matters Act (CAMA). I would however, like to say that I believe that the afore-mentioned Section 16(1) is strange and repugnant, to say the least. I can understand if people that are running for office are required to be active in Branch activities, and therefore, have to attend X number of meetings to qualify to run, but why should this condition be extended to members voting? I believe that being paid up at National and Branch levels, should be the requisite and appropriate criteria for qualification to vote, as provided for by the

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"I WOULD HOWEVER, LIKE TO SAY THAT I BELIEVE THAT THE AFORE-MENTIONED SECTION 16(1) IS STRANGE AND REPUGNANT, TO SAY THE LEAST"

2003 Constitution. What if I am a registered financial member of NBA Lagos Branch, also an active member of the Branch, and the company which I work for transferred me to Maiduguri for say 9 months. I had only attended 2 meetings before my transfer. Luckily I was transferred back to Lagos 1 month before the Branch Elections, only allowing me to attend a total of 3 meetings. As you may be aware, Section 15(4) of the same 2015 NBA Constitution Branch Bye Laws prohibits membership of more than one NBA Branch; I would imagine that means that you cannot be a member of more than one Branch at a time. Where would that leave me? Unable to vote in the Lagos Branch elections on my return from Maiduguri. On the other hand, what if I am only interested in Branch Politics to the extent of only voting in elections, and I rarely attend Branch meetings? It is my prerogative. I think Section 16(1) should be amended or eligibility to vote be left as it is in 2003 NBA Constitution. I think Section 16(1) is an unfair provision. Lawyers what do you think?

NBA President, A.B.Mahmoud, SAN

Dear Editor Re: A Tale of Two Elections Dear Ikepo, I trust you are good. I just read your very interesting article online now. Interestingly, I led the INEC Team to observe the UK elections a few weeks ago. INEC does send various teams to specific countries, to observe / monitor foreign elections. A

very good experience, I must say. The UK also has an Electoral Commission. May Dear May, My able predecessor! I was extremely pleased to receive your email. I am glad

that you read me and found my column interesting. I am sure that now that you are a member of the INEC team, you will make many valuable contributions, so that there will be an improvement in the way INEC performs its duties. Ikepo

Re: Of a Will, Its Sense and Nonsense Dear Ikepo, Thanks for the article on the above subject. It was both enlightening and entertaining. I would like your opinion on why people don't just divide up the goods while still alive. Particularly when they may have reached the proverbial 70years or more. It is my opinion that instead of hiding behind a will and possibly leaving a family in chaos, the person can actually help guide the children in managing the properties or businesses that

would have been bequeathed to them. That way, there can be no argument, as to the wishes of the parent. Best Regards, Yemisi Fadahunsi Dear Yemisi, Thank you for your email. Of course, a donor or grantor can transfer property and other things to a donee or grantee during his/her lifetime (inter vivos), but whether in death by

means of a will or inter vivos, each has its pros and cons. If for instance, the donor has left more to one child than the others, the donor could face challenges with the less favoured children during his or her lifetime. It may therefore, be easier to escape by doing it in a will, so that you are already dead when the beneficiaries hear of the bequests and no one can challenge you, accuse you of favouritism or make your life miserable! Ikepo

4/LAW REPORT

04.07.2017

Effect of Order of Substituted Service on Marking Processes for Service Out of Jurisdiction

T Facts

he 1st Respondent commenced the suit by way of Originating Summons before the Federal High Court, seeking inter alia, a declaration that he was the rightful candidate of the 2nd Respondent to represent the Gbasawa Constituency of the Kano State House of Assembly in the general election scheduled to hold on 28th February, 2015. He posited that he won the primary election, and was entitled to be so recognised by the 3rd Respondent. The Originating Summons was filed on 5th February 2015, and the addresses endorsed thereon for service on the 2nd and 3rd Respondents were in Abuja. However, on the same date, the 1st Respondent sought and was granted leave to serve the parties by substituted means – the Appellant, 2nd and 4th Respondents through a particular Haruna Falali, a Legal Adviser in the Kano Branch of the 2nd Respondent (APC) and the 3rd Respondent (INEC) through its office situated in Kano State. Upon being served, the 2nd and 4th Respondents entered Unconditional appearances, while the Appellant and 3rd Respondent entered Conditional appearances. The 2nd, 3rd and 4th Respondents also filed Counter-affidavits to the Originating Summons. Thereafter, the Appellant filed a notice of Preliminary Objection, challenging the competence of the suit, on the ground that the Originating Summons was not endorsed or marked for service outside jurisdiction as required by the Sheriff and Civil Process Act. The Preliminary Objection was taken together with the substantive suit. In its judgement, the trial Court held that with the intervening Order of substituted service made by the Court before the service of the Originating Summons outside jurisdiction, the requirement for endorsement of the process for service outside jurisdiction was rendered unnecessary. The Court also held that service was properly effected in Kano State within jurisdiction. As regards the substantive suit, the Court granted all the reliefs sought by the 1st Respondent. Dissatisfied, the Appellant appealed to the Court of Appeal; the 2nd Respondent also cross-appealed against part of the decision. The Court of Appeal dismissed the Appellant’s appeal but allowed the 1st Respondent’s cross-appeal. Thereafter, the Appellant filed a further appeal to the Supreme Court. Issues for Determination 1. Whether the lower court was right to have held that leave to issue, leave to serve and leave to mark the Originating Summons for service outside jurisdiction are unnecessary, not mandatory, waived by the 2nd and 3rd Respondents and cannot be raised by the Appellant at all. 2. Whether the lower court rightly held that the issue of substituted service and personal service was not raised both at the trial court and before the lower court, and indeed the issue of service is not real. 3. Whether the lower court rightly ignored the failure to mark the summons as “concurrent” and trial court’s non-consideration of the “Further and Better Counter Affidavit in this suit”. 4. Whether the lower court was right to hold that the Federal High Court was competent to assume jurisdiction in this case. 5. Whether, in the circumstances of this case, the suit was rightly commenced by Originating Summons and the lower court rightly found on the affidavit before it, including issues of forgery. Arguments On the 1st and 3rd issues, the Appellant argued that a comparison of Order 6 Rule 12(1) of the Federal High Court (Civil Procedure) Rules 2000 which provided for leave to serve and Order 6 Rules 13-17(1) of the 2009 Rules which only provides for leave to issue, shows that though the provisions are not in the same language, their meanings and intendments are the same, that leave is required to serve outside jurisdiction. The Appellant contended that leave to issue and serve are both coterminous, mandatory, and are conditions precedent to the exercise of the trial court’s jurisdiction on the Defendants whose addresses for service were originally in Abuja, outside the court’s jurisdiction. He further submitted that, the parties cannot waive the non-compliance with the statutory provision for endorsement of a writ to be served outside jurisdiction. Conversely, the 1st Respondent argued that so long as the Federal High Court (Civil Procedure) Rules 2009 does not make any provision for leave to issue a writ for service outside jurisdiction, any attempt by the Appellant to make leave to issue a mandatory requirement, will amount to imposing an obligation on him which the Rules of Court and other enabling statutes never imposed. He argued that Section 97 of the Sheriff and Civil Process Act only applies to Defendants who reside outside jurisdiction, and that where a party is served within jurisdiction or even where he is served outside jurisdiction without the requisite endorsement, and he waives his right to challenge the procedure, he will not be heard later to complain. The 1st Respondent also submitted

Hon. Amina Adamu Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 28th Day of April, 2017 Before Their Lordships Ibrahim Tanko Muhammad Mary Ukaego Peter-Odili Kumai Bayang Aka’ahs Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC.433/2015 Between Hussaini Isa Zakirai....... Appellant And 1. Salisu Dan Azumi Muhammad 2. All Progressive Congress (APC) 3. Independent National Electoral Commission (INEC) 4. Alhaji Umar Haruna Doguwa..............Respondent Lead Judgement delivered by Hon. Amina Adamu Augie, JSC

that the Appellant lacked the locus standi to challenge the order of the trial court ordering substituted service on the 2nd and 3rd Respondents. The 2nd Respondent aligned itself with the reasoning of the 1st Respondent. On the 2nd issue, the Appellant admitted that the issue of substituted service was not clearly raised and attributed it to an error in typing. He, however, submitted that it was raised in the Preliminary Objection, argued before the trial Court and that Ground (a) of the Notice of preliminary objection was concluded with “and service of the process rules”. The 1st Respondent insisted that the 2nd and 3rd Respondents did not file any Notice of Appeal against the

"THE TRIAL COURT HAD AN OPTION TO GRANT THE FIRST RESPONDENT’S PRAYER FOR SUBSTITUTED SERVICE, BEFORE ANY ATTEMPT WAS MADE TO EFFECT PERSONAL SERVICE ON THE APPELLANT OR NOT. IT OPTED TO GRANT THE PRAYER AND THE EFFECT THEREOF, IS THAT THE SAID ORIGINATING SUMMONS, WHICH HAD NOT BEEN MARKED AS “CONCURRENT” DID NOT REQUIRE TO BE SO MARKED, BECAUSE BY THE SAID ORDER ISSUED, THE PROCESS WAS TO BE SERVED WITHIN JURISDICTION AND IT WAS SO SERVED"

Order of substituted service and had in fact, submitted to the jurisdiction of the Court. On the 4th issue, the Appellant contended that although any aspirant who complains that any provision of the Electoral Act has been contravened may seek redress at the State High Court or Federal High Court, such a complaint must come within the narrow compass that the political party conducted a primary election which he or she was an aspirant, in breach of the Electoral Act or the party’s election guidelines. He submitted that the Federal High Court lacked the jurisdiction to entertain the suit, because the real question was whether there was any primary election at all. The 1st and 2nd Respondents submitted that the Federal High Court had the requisite jurisdiction to entertain the suit. On the 5th issue, the Appellant contended that based on the issues raised before the trial Court which included allegations of forgery, there was need for oral evidence in order to resolve the contradictions in the affidavit evidence before the trial Court. The Appellant submitted that the action was therefore, wrongly commenced by Originating Summons. The 1st Respondent argued that there had not been a successful challenge to the case of the 1st Respondent, to warrant the calling of oral evidence and the suit was rightly commenced by Originating Summons. The 2nd Respondent aligned itself with the 1st Respondent’s position. Court’s Judgement and Rationale On the 1st and 3rd issues, the Supreme Court held that Rules of Courts are not static and they change as the society changes, and the legal issues become more complex. Although the Federal High Court (Civil Procedure) Rules, 2000 may have stipulated that no Writ for service outside jurisdiction can be issued except by leave of Court, there was no such provision in the 2009 Rules. The Court held that the Appellant cannot bring in a rule of practice to override the provisions of the 2009 Rules. On the endorsement of the said processes, Their Lordships referred to ORDER 6 RULE 5(A)–(E) OF THE 2009 RULES to hold that the trial Court may Order substituted service either after or without an attempt at personal service. The trial court had an option to grant the 1st Respondent’s prayer for substituted service before any attempt was made to effect personal service on the Appellant and opted to grant that prayer, the effect of which was that the said originating summons which had not been marked as “concurrent” did not require to be so marked because by the Order of the court, the processes were to be served within jurisdiction. Further, the Appellant’s objection at the trial Court was in relation to procedural jurisdiction of the Court, which can be waived by parties as opposed to the Constitutional or Statutory jurisdiction of the Court. The Appellant entered conditional appearance and also filed a Counter-affidavit which meant that he had waived the irregularity he complained of, and submitted to the jurisdiction of the Court. The Appellant was, in fact, not affected by the issue of service within jurisdiction and thus, had no basis for bringing the objection in the first place. On the second issue, the Court relied on its decision in BABATUNDE v OLATUNDE (2002) 2 NWLR (PT. 646) 568 to hold that Orders of Court are deemed valid and binding until set aside by the same court or an appellate court. The Order of substituted service made by the trial Court having not been challenged on appeal, cannot be properly raised at the stage it was raised before the Court of Appeal or before the Supreme Court. On the fourth issue, their Lordships held that it is the Plaintiff’s claim that determines the jurisdiction of Court. By Section 87(10) of the Electoral Act, 2010 (as amended), an aspirant who complains that any of the provisions of the Act and the guidelines of a political party has not been complied within the selection or nomination of a candidate, may apply to the Federal High Court or the State High Court for redress. Thus, the Federal High Court rightly exercised jurisdiction to entertain the suit. On the 5th issue, the Court held that, an Originating Summons is a procedure wherein the evidence is mainly by way of documents, and is used where there is no serious dispute in the facts before the Court. From the materials before the Court, there was no conflict in the affidavit evidence, to justify the need to commence by other means other than Originating Summons. Appeal Dismissed. Representation: Nureini Jimoh Esq. and others for the Appellant. Usman Umar Fari Esq and others for the 1st Respondent. R. A. O. Adegoke Esq, and others for the 2nd Respondent. Y. A. Kadiri, Esq. and another for the 3rd Respondent. H. O. Ben Umar and others for the 4th Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

04.07.2017

NEWS/5

OPENING CEREMONY L-R: Mr. George Etomi, Mrs. Bisi Akodu, Mrs. Boma Doherty, Mrs. Sade Adetiba and Mr. Soji Awogbade all Executives of Planning Committee of the Nigerian Law School set of 1977 40th Anniversary held at the Nigerian Law School, Lagos Campus last Friday

L-R: Ms. Olubunmi Fayokun, Chairman, 2017 Conference Planning Committee, Mr. Seni Adio, SAN, Vice Chairman, NBA-SBL and Mr. Olumide Akpata, Chairman, NBA-SBL, welcoming the Senate President, Dr Bukola Saraki, to the Opening Ceremony of the 11th Annual Business Law Conference of the NBA Section on Business Law

Shun Practices not Advancing the Course of Justice, Law School DG Advices Lawyers Akinwale Akintunde The Director General of the Nigeria Law School, Dr. Lanre Onadeko, SAN, has urged legal practitioners in the country, to shun practices that would not advance the course or cause of justice. Onadeko said the conduct of Lawyers and Judges would affect public perception of the legitimacy of law and justice, adding that court orders or indulgences that impede the orderly administration of justice, ultimately affect justice. The Law School DG, gave this advice last Friday, at the Lecture organised by the Law School Class of 1977, to mark the 40th Anniversary of their call to the Nigerian Bar. Speaking on the topic: “We are Lawyers, We are Judges: Now Justice”, Onadeko who is also part of the set, said that in the light of the enormous powers and responsibilities entrusted to lawyers and judges by the Constitution, legal practitioners at the Bar or on the Bench, have both the legal and moral duties to ensure that justice pervades the society. According to him, these obligations are further driven home, by the generality of the Rules of Professional Conduct in the Legal Profession, 2007, and the Code of Conduct for Judicial Officers issued by the National Judicial Council. He decried that some lawyers, in the seeming pursuit of the interest of their clients, neglect the fact that they are first and foremost, officers of the court, and must not delay, obstruct, or do anything that may adversely affect the administration of justice.

“It would appear that this desire, has affected our appreciation of our professional responsibilities to the cause of justice. The Lawyer’s obligation to ensure that justice is done, is paramount. Where there is conflict between his duty to the Constitution and justice, and his duty to his client, he must uphold the law even if the client’s instructions state otherwise. A lawyer’s duty to the court is superior to the duty to his client. “It is trite that the administration of justice rests on two pillars: the Lawyer and the Judge. “An advocate provides a service to his client. Above and beyond his duty to his client, is the obligation to make the legal system work in the interest of his community. In this sense, the Lawyer, like the Judge, is a social engineer. The success or failure of the machinery for the administration of justice is the Lawyers responsibility. “A Judge is also Lawyer. A Judge assumes the role of Divinity, when he sits in his judicial capacity. Consequently, the stream of justice must not only be pure, it must be seen to be pure. “The Supreme Court also appears to have taken a stand that pretentious invocation of fair hearing, should no longer be allowed to impede the course and cause of justice”, he stated. According to Onadeko, courts are not only courts of law, they are courts of justice, adding that justice in this context means “legal justice” and not philosophical conceptions of justice. “Even though the function of courts is legal justice, the purpose of Lawyers and Judges, ought not to be technical but substantial

or real justice. Lawyers are reminded of the witty remark of late Niki Tobi, JSC, that the legal process should not be used by parties to score cheap points. “The main purpose of criminal justice, is to ensure that the guilty do not escape justice, while the innocent do not suffer. “Since the rule of law is the life blood of a democracy, the courts, as arbiters between citizens inter se, between citizens and the government, and between the executive and the legislative arm, must operate under the rule of law, full confidence, and unadulterated. The judiciary must not operate in fear, must not be silenced, and must justify its existence. Once a dispute is submitted to the judiciary, it is the duty of government to allow the law to run its course, or allow the legal and judicial process to run its full course. “We have, as a group, been part of the legal landscape of our country for forty years now. Not unexpectedly, we have been fulfilling our expectations at the Bar and on the Bench. It is also significant that in our fold were colleagues, nationals of other jurisdictions, who have also achieved great heights in their countries. Having come so far, can we comfortably assert that we have seen satisfactory growth of law and justice, in the period since we became Lawyers? Is there much that we can still do now? Do we truly have time for more meaningful impact? These are issues for us to ponder about”, he said. A panel, which was chaired by Chief (Dr.) Kole Abayomi, former Director General of the

Nigerian Law School, also gave robust contributions to the topic. The panelists included Professor Akin Oyebode, Professor of International Law and Jurisprudence at the University of Lagos, former Director-General of the Nigerian Institute of Advanced Legal Studies, Professor Ameze Guobadia, Mrs. Boma Ozobia and Mr. Ebun Adegboruwa. For Professor Oyebode, lawyers are not really interested in justice; they are only interested in law, adding that there is a dichotomy between justice and law. According to the Professor, perhaps the time is right for the Lady of Justice to remove the blind fold from her eyes, so she can see how lawyers now practice. Adegboruwa on his part, believes that Nigerian lawyers and judges are doing very great, but that the executive arm is using all means to frustrate their efforts. He put the bulk of the blame on other arms of government; the executive and legislature, adding the two other arms are deliberately frustrating the efforts of the Judiciary. He cited underfunding as an example. “A great number of lawyers practice law correctly, a greater number of judges interprets law well, but so many powers that are not comfortable with Law, are pulling them down. “I believe the Executive arm of government, is deliberately making efforts to ensure that justice does not prevail, the executive is frustrating the justice system, because they are mostly affected by the judgements from the courts", he noted.

Young Arbitrators Network Holds Inaugural Moot Competition July 28 Akinwale Akintunde The Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN) is set to hold its inaugural edition of its International Commercial Arbitration Moot Competition. The Moot Competition,

which is aimed at boosting practitioners’ interest in arbitration and also to improve arbitration skills and proficiency amongst young practitioners, is scheduled to hold on July 28, 2017 at Lagos Court of Arbitration, 1A, Remi Olowude Street, 2nd Roundabout, Lekki-Epe

Expressway, Lagos, Nigeria. A statement from LCAYAN, said the competition will provide a unique opportunity for young practitioners and students, to gain exposure to diverse issues in international commercial arbitration including emergency

arbitration, joinder of parties and several other contemporary issues in international commercial arbitration. According to the statement, the competition will have participating firms CONTINUED ON PAGE 13

Hogan Lovells Africa Forum brings Energy, Innovation, Infrastructure, and Investment into Focus Jude Igbanoi Global law firm, Hogan Lovells, hosted its fourth Annual Africa Forum on Wednesday, with presentations, panel discussions, and debates over the future of the continent and its changing role – and its opportunities – in the global economy. Over 230 delegates attended a daylong programme at the Merchant Taylors Hall, and participated in wide-ranging and passionate debates around theme "Africa Stand Up". Asked to share their "Vision 2025", delegates agreed that, the greatest immediate opportunity lies with infrastructure, cited by 63% of delegates, polled as the sector most likely to attract investment over the next eight years, followed by energy and power (21%). A common discussion thread throughout the Forum, centered on the challenges still to be overcome. Delegates were split in their opinion of the biggest challenge to growth in Africa, with 41% each citing uncertainty and corruption. Government policies were cited as the greatest barrier to intra-Africa trade (38%), with market penetration/ accessibility and lack of knowledge/understanding of regional markets, coming in joint second at 25% each. Political risk was considered the greatest challenge faced by private sector investors in African infrastructure projects, by 44% of delegates polled. Development Banks were voted to have the biggest role to play, in developing these infrastructure projects (41%), followed by African National Governments and private investors, with 24% each of the vote. In contrast, regional trade blocs were seen as most key to facilitating intra-Africa trade by 55% of delegates, however, most surprisingly, none of the delegates considered these trade blocs to be 'working' to full effect currently. The Forum attracted mainly

C-suite Executives and General Counsel, representing the African legal, financial, energy, and investment industries. Guest speakers included Ken Olisa, current Lord-Lieutenant of Greater London, and one of the UK’s most successful black businessmen; Admassu Tadesse, President and CEO, Trade and Development Bank; Adebola Williams, CEO of Red Media Africa; Lucy Quist, CEO of Airtel Ghana; and Elizabeth Rossiello, CEO of BitPesa, among others from: Quantum Power, Ecobank, CDC Group, Standard Chartered Bank, WEF, Botswana Diamonds, Anglo American, Cornish Lithium, Rand Merchant Bank, African Export-Import Bank, and Citigroup. Panel presentations were followed by lively discussion among participants and attendees. Each session was complimented by shorter “straight talk” presentations, in which leading African thinkers briefly discussed what Africa Stand Up means to them, and a CEO Corner, where influential business leaders gave their thoughts on Africa’s future. Four ‘breakout’ sessions: “Unlocking Exponential Growth in Energy and Infrastructure Deployment”; “The Role of Innovation in Africa's Resurgence: Panacea or Pandora's box?”; "A New Era for Mining in Africa: Securing Growth for the Future"; and "Intra-African trade: A New Age of Opportunity" proved popular and provided valuable insights. Commenting on the Forum, Hogan Lovells partner and Head of Africa, Andrew Skipper, said: "Once again our Africa Forum has brought together, leading influencers to debate key themes for the continent. It has been a great success, and we leave in no doubt about the positive energy driving progress and change across the continent, and filled with confidence that with the right approach and investment, the continent will see sustainable growth. We see great opportunity throughout Africa, and that was reinforced today by the enthusiasm and passion of all of the Forum’s attendees."

04.07.2017

Eastern Bar Forum Elects New EXCO Jude Igbanoi The Eastern Bar Forum, an umbrella body of lawyers of Eastern extraction, held its Quarterly General Meeting, in Calabar, Cross River State last Monday and also elected new officers to run the forum for the next two years. The event which took place at the Danic Hotel, Calabar, had in attendance lawyers from different parts of the country who are of Eastern origin, and the main theme for discuss at the meeting was how law practice in Nigeria has caught up with technology. Mr. Ben Oji, 3rd Vice-President, NBA (representative of the NBA President) on the need to catch up with 21st century technology said "NBA is doing a lot in that direction. Without technology as lawyers we cannot make progress. One of the selling points of the next NBA 2017 Conference, will be the distribution of tablets to lawyers which will have the electronic form of law reports and others. The idea is to begin to move to the 21st digital world which is the trend". On the fight against corruption, Mr Oji said "The NBA supports the fight against corruption, but it also believes that things should be done in accordance with the rule of law. We, as an organisation, have introduced a day set aside as ‘anti-corruption day’. It is meant to sensitise the public and address issues of corruption. At the national level, the NBA has an anti- corruption commission which looks into issue of corruption within the bar. We have also set aside programmes related to anti-corruption in most of our gatherings these days". Immediate past Chairman, EBF Governing Council, Mr. Efefiom Ekong, spoke on challenges in the last few years and said "We had issues of finance, because as a professional body, we were reluctant to rely on politicians to finance the running of the organisation. So, we had to heavily task our senior colleagues in the profession, who rose to the occasion to help us. We also tried to be very wise in the way we managed the funds that we got". On technological advancement "This chal-

L-R: Chairman of the Governing Council (Governor), Chief Arthur Elvis Chukwu, Vice-Chairman, Mr. Anthony E. Okorodas, Secretary Mr. Paul S.T. Ubom, Treasurer Egbunonu Emmanuel, Financial Secretary Mr. Joe K. Berebon, Publicity Secretary Georde l. Fortune, Asst. Secretary Mr. Damian O. Nosike while Mr. Ogunji. C. Kingsley and Augustine I. Owo are members

lenge is not peculiar to the Nigerian lawyer alone. It is a worldwide challenge, that is not also limited to the law profession alone. We have a growing field that is linked with artificial intelligence, where robots are already taking over the functions of human beings. In this circumstance, however, I believe the lawyers will adapt to the changes that we are confronted with". Advice to new executive "Do not take decisions based on sentiments; take them based on principles, so that you can be consistent. Again, because it is a group, you must ensure that at all times, the common interest of the group is paramount to personal interest. Once you observe those two rules, the members will be confident in any decision that you take". New Chairman, EBF Governing Council, Mr. Arthur Chukwu "The challenge will be to continue to

strengthen the unity which we already enjoy. It is not a light challenge. We would need to sustain the height. For me, anytime the NBA Presidency is zoned to a particular forum, immediately after the election, they are scattered because factions will be created. So, my biggest challenge will be how to keep EBF united even after our presidential election. Our strategy for avoiding factions is to be open. Give an open, credible election to all the candidates that will contest. In this just concluded EBF election, some people were asked to step down and they were happy with the resolution. The candidates will have to set the guidelines themselves, on the approach they would want us to use. So, it would be their own election, because they would have determined how it will go. The process will be so open that everybody will feel happy at the end of the day".

A member of EBF, Dr. DonClemz Enamhe, on the NBA elections said "The NBA has got to the stage where we respect the rule of law and democracy. Everybody who is qualified is at liberty to go through a wonderful campaign and at the end of it all, we choose our leader and we stand behind him". The 2nd Vice-President, NBA, Mr. Monday Ubani on technology said "If you are seriously involved in legal practice and you do not get properly acquainted with the latest technology, you will be left on the way side and that will not be good for you. Agreements are now signed online. So, if you do not get acquainted with the latest technological trends, you will be left out. There will be the need to learn, in order that you remain in the job. Technology is the era that we are in at the moment, so, lawyers must key in".

Legal Personality of the Week Biodun Michael Hundeyin

‘For Hardworking Lawyers, No Room for Poverty’ Launcher. After the book review segment by Mr. Taslim O. G. Animashaun, Ashiwaju Tinubu, a man with high sense of humour, said that we should look beyond the review and in his own words "O typo, ko typo, we shall launch it", meaning that whether the book contains typographical errors or not, the Book must be launched. The memory of the words of encouragement, made me feel fulfilled and still fires me on till date.

I am Biodun Michael Hundeyin, born on14th March, 1967 at Ahovikoh Quarters in Badagry. Lagos. I am married to Mrs. Ifeyinwa Hundeyin from Ibusa, Delta State, and we have three children. I obtained my Bachelor of Laws degree from the Lagos State University and thereafter, proceeded to the Nigerian Law School and was called to the Bar in 1995. After my youth service with Nonso Ezika & Co, I worked at Animashaun, Animashaun & Associates where I rose to become the Head of Chambers before setting up Biodun Hundeyin & Associates in 2003. I have held several offices in the Nigerian Bar Association, including being 1st Assistant Secretary, Lagos Branch, 2002 – 2003. Have you had any challenges in your career as a Lawyer and if so, what were the main challenges? The major challenge in my career, was a fire incident which occurred in my Law Firm sometime ago, after a client paid certain sums of money through my Law Firm. I attempted to deposit the money into an old generation bank, which refused to open its door as at 3:45pm. I was forced to keep the money in the Law Firm. The Office was burgled and set on fire. Upon Police investigation, a litigation clerk in the Firm, was apprehended and a third of the money was recovered, but painfully, most irreplaceable vital documents including certificates, books, manuscripts and other properties belonging to me, the office, staff and clients were fully or partially burnt. The memory still lingers. What was your worst day as a Lawyer?

Who has been the most inﬂuential in your life? My late Mother.

Biodun Michael Hundeyin

This was in 2017 for that matter! In a State High Court, where a Judge delivered a judgement, raising issues suo motu and addressing the same. Also denying that certain facts were not pleaded, which was not true. What has been your most memorable experience as a Lawyer? In 2006, I co-published a Book “Perspectives On Contemporary Legal Issues: Essay In Honour of Hon. Justice Dolapo F. Akinsanya”. It was memorable, because, the Book reported Justice Akinsanya’s judgement, wherein she declared the constituents of the Interim National Government, invalid. Secondly, the launching of the Book had the then Executive Governor Ashiwaju Bola Ahmed Tinubu, as the Chief

Why did you become a Lawyer? Positive Societal Influence: In the mid 70s (prior to my secondary school education), I grew up partly in Late G.O.K. Ajayi SAN's Family House at Yaba, Lagos. Chief Ajayi was my role model. He had his Law graduation Photo in Master’s (that was Chief Ajayi’s father) siting room. I was so fascinated with his handsomeness and posture in the Photograph. G.O.K routinely visited Master, usually on Sunday evenings. I summed up the courage to approach him. I asked him so many questions relating to his profession as a Lawyer, he took his time to educate me, and I never wanted to be anything else other than a Lawyer. Unfortunately, I never met him again one on one, till he died, after I became a Lawyer. Negative Societal Influence: Secondly, scaling through Joint Admission Matriculation Board (JAMB) cut-off was a challenge, and a friend of mine sat me down and told me that I could never be a lawyer! I instead, assured myself that my Role Model, Late G.O.K. Ajayi, SAN,

said I could and eventually, I became Lawyer. What would your advice be to anyone wanting a career in Law? I have a focus and channeled the same through a formula which is my belief in “God, Luck, Ambition, Destiny and Hard work” (GLAHD). Every Law Careerist must be positive and be focused in allowing all, or some of the cited variables, to interplay, then the sky will be the limit. Law is so vast, multifaceted, departmentalised, resourceful and rewarding, that every lawyer, relatively, over time must excel and be successful. In other words, there is no room for poverty among ‘GLAHD’ Lawyers. If you had not become a Lawyer, what career would you have chosen? I had wanted to be a Soldier, but it was an era where just few Application Forms were being circulated to the Military formations, for all the eligible candidates to compete for. Although, I never received the support of my parents for this, as my Mother kept emphasising that I was her only son, and that a military career was not a ‘tea party’ as was being insinuated by the adverts in USA’s “Ebony Magazine”, which was my inspiration. Also, my Father wanted me to be a Medical Doctor and nobody was there to push for my enlistment into the Army. Where do you see yourself in ten years? Subject to the divine grace of long life and prosperity, I see myself at the peak of my career, either at the Bar, or on the Bench.

04.07.2017

IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

Who Is on Your Board?

ften when the question above is asked, small business owners find it difficult to come up with answers, because they do not even believe they need a board of directors. The general notion is that having a board or organising directors’ meetings, is an expense they can ill afford. The law however, makes the role of directors mandatory, because every company registered under Nigerian law is required to have at least two directors and two shareholders at all times. Any company with less than two directors, is required to within one month thereafter, appoint new directors or cease to carry on business, pending compliance. It is usually the case that promoters come up with any name, at the point of incorporation. It is not unheard of, to put down the names of mothers, sisters, husbands and even casual friends, at the inception. This is because many often do not understand the role of company boards and the responsibilities attached to being a Director. Deﬁnition and Role of a Director The Companies and Allied Matters Act (CAMA), describes a Director as any person appointed by a company to direct and manage its business affairs. Case law describes directors as “the directing mind and will of a company”. The role of a Director of a company, is therefore, a very important one and his or her primary duty, is to exercise due care, skill and diligence in the discharge of assigned duties. Directors are considered trustees of the company, in relation to the funds and assets of the company. Shareholders are expected to hold directors accountable for their actions. All board members, are mandated to record a reasonable attendance at all company meetings. It is for this reason, that a register of attendance is kept. For accountability purposes, a table showing the attendance record of all directors is published in the annual report and account of public entities. Where a director is too busy to attend meetings, best practice demands that he sends an alternate who is knowledgeable enough to act in his stead. There have been instances where the alternate is found unsatisfactory, and the principal is usually asked to make a replacement. The law expects a disclosure of the director’s direct or indirect equity interest in the company, to be made. The particulars of all board members should also be listed on all public documents, including trade circulars, show cards and business letter headed papers. Selecting a Suitable Director The concept of investment in companies, either private or public, is one hinged upon trust. Hence, the profile of the directors of a company could influence an investor’s choice. Many people are not likely to be excited, about investing in an entity that has one or two shady

characters on its board. Having a well-respected technocrat or political leader on the board of a company, is no doubt, a plus. Promoters of startups should therefore, understand that boards offer credibility and could provide contacts and opportunities to a business as it expands. The term board of directors may sound fancy, but these persons are useful towards ensuring the success of small businesses. With respect to family businesses, they are essential towards ensuring succession planning and business continuity. Directors, if properly selected, provide support and mentorship to company founders. Expertise, level of commitment, and integrity, are some characteristics that should be looked out for when selecting board members. A person’s ability to inject capital into a business or invest in it, should not be his or her only criteria for being appointed as a director. All business owners should know their needs and align these with their chosen team. Do you need a director who will bring his technical skills to bear or one who will expose the company to new opportunities? Diversity should be

given priority when appointing board members. The modern thinking is that age, gender, nationality and skill set when effectively distributed, allow for more efficient boards. In an attempt to embrace diversity, founders must avoid directors whose presence will not be felt at meetings or who cannot give objective suggestions. Those who have hidden agendas to possibly take over the entity, or are unduly meddlesome, should be avoided. It has been found that the appointment of an independent director, may bring some balance to the team. The term independence is shrouded in a lot of controversy. As the argument on whether a director can truly be independent continues, promoters may make a choice based on the needs of the concern. Professional Advisers The traditional structure of the board of directors, has evolved over time to take into consideration start ups operating on lean budgets. The options of a task-specific board / an ad-hoc board, or in the alternative, a board of professional advisers, may be looked into, in an instance where a promoter is of the

"THE CONCEPT OF INVESTMENT IN COMPANIES, EITHER PRIVATE OR PUBLIC, IS ONE HINGED UPON TRUST. HENCE, THE PROFILE OF THE DIRECTORS OF A COMPANY, COULD INFLUENCE AN INVESTOR’S CHOICE. MANY PEOPLE ARE NOT LIKELY TO BE EXCITED, ABOUT INVESTING IN AN ENTITY THAT HAS ONE OR TWO SHADY CHARACTERS ON ITS BOARD"

view that he cannot afford to have regular meetings of a full-fledged board. The team of professional advisers often consists of a lawyer, an accountant and an insurance expert, at the least. Advisory boards usually provide non-binding strategic advice to management. While these set of directors do not have the authority to vote, the expertise of their members compliment those of the traditional boards. Many advisory board members are accomplished experts, who are happy to provide advice gratis, hence the promoter needs not bother about additional expenses. It must be mentioned that, the advent of technology makes it easier for company meetings to take place. In organising virtual meetings however, the need to document resolutions and important decisions, should not be overlooked. Another cost-saving move is to have a manageable board size. Three to five is often considered an appropriate number. Company boards in whatever form, have an important role to play and as such, due- diligence must be carried out in constituting them. Generally, a director’s reputation may rub off on the establishment where he or she serves. There have been instances where board members who have been caught in some impropriety or the other, have been asked to resign. The leadership of a company must be constantly reviewed, and continuous education and training should be prioritised. Board evaluation should always be on the agenda. Checks should be carried out regularly, to ensure that the directors understand and are performing their duties. The question “who is on your board?’” is not a one off one, but is one that should regularly form the basis of directors’ performance review.

8/COVER

04.07.2017

COVER/9

The Quest for a True Nigerian Federation: Options One of the greatest challenges that the Buhari Administration has faced since its inception, is the growing agitation for a new political arrangement, on which the nation should continue to exist. Many have called for Restructuring, yet others are asking for a new political order of Fiscal Federalism, while a few extremists are calling for an outright breakup of the different components that make up the entity called Nigeria. But, in whatever nomenclature these agitations are conceived, it has become quite obvious to most, that the basis of the continued existence of the nation as an indivisible entity, needs to be revisited and re-examined, to address these emerging anxieties whether political, ethnic or religious. Professors Akin Oyebode, Epiphany Azinge, SAN, Chief Sebastine Hon, SAN and Chuks Nwana discuss the topic extensively, and proffer practical legal panaceas to the contentious issues

Who and What Can Save Nigeria?

The Creation of Nigeria t is common knowledge that, Nigeria came into being in the throes of intra-imperialist wranglings of the 19th century. More significantly, the creators of Nigeria, the British colonisers, did not bother to poll the inhabitants of their new territory, whether or not they were in agreement with the decision to lump them together under the British Crown. Not surprisingly, the conquistadores paid little heed to the feelings and, or interests of those they believed were children of lesser gods, and effected the amalgamation of the Northern and Southern Protectorates in furtherance of the interests of the British Empire. To that extent, therefore, there was little or no consideration for the natives’ right to selfdetermination, as was later propounded by Lenin in 1917, in the unholy quest by imperialism to seize other peoples’ land and natural resources. The nearly 300 years of the trans Atlantic trade in black skins, had guaranteed that the African people had no rights that European marauders needed to respect or bother about. It was, after all, the age of imperialism. However, things took a somewhat radical turn, when the former brutalised and colonised, came into themselves and fought and won or cajoled their oppressors, into considering granting them their political independence. Paradoxically, independence landed Africans on the horns of a dilemma: revert the continent to the pre-colonial empires and kingdoms, or commence the arduous task of “nation-building” by maintaining and strengthening the embryonic states created by the erstwhile colonial powers. The OAU Cairo Declaration of 1964 on the sanctity of Africa’s colonial boundaries, the so-called uti possidetis, ita possideatis formula, helped extricate the newly independent African States from a most difficult situation. Post-Colonial Nigeria and the Country’s Fault Lines The removal of the colonial scaffolding, merely accentuated the cleavages within the Nigerian polity, such that conflicting world-views and lack of cohesion among the country’s ruling class, degenerated into an insatiable struggle for economic and political power among various factions and fractions of the power elite, almost to the level of a cut- throat competition, which gave the militariat the opportunity to push the squabbling politicians into the river and run away with their clothes. Regrettably, the men in khaki did not fare any better, as they used bullets instead of the ballot to settle scores among themselves, with the result that Nigeria became engulfed in a

ground militarily. This much can be gleaned from the experiences of Bangladesh, Eritrea, East Timor and South Sudan, where military success on the battle-field became the harbinger of new subjects of international law. Where the endeavour fails as in Katanga and Biafra, nothing would really change.

30 month-long internecine war that cost the country millions of lives and colossal damage to infrastructure. Interestingly, even some of the ‘militicians’ apprehended the wrongs their dictatorial rule had wrought on the country, and made attempts to douse the people’s disillusionment, by setting up talk shops in an effort to craft new modalities for the country’s future. However, the more discerning members of the civil society saw through their infantile efforts at political and socio-economic engineering, and commenced the struggle to liberate the country from the stranglehold of the military dictators. Attempts to foist artificial political norms and practices on the country, soon proved to be a prescription worse than the disease they were supposed to cure, leaving the country more divided than hitherto as leaders of the different ethnic groups and nationalities, engaged in bickering and brickbats that threatened to bring the the roof down on the country. It is against this background that the various efforts to forge a national consensus during the military interregnum should be appraised. Impact of the Various National Conferences on the Polity While both factions of the ruling class— agbada and khaki—might be considered as being imbued with patriotism and good intentions by convening national confabulations, from Murtala Muhammed’s Committee of 50 Wisemen to the Abacha and Obasanjo’s Conferences, it needs be remembered that the road to hell is paved with good intentions. The military mindset is dead against the right of the people to go to heaven the way they want and, therefore, as frequently observed by the hero of Nigeria’s democracy, M.K.O. Abiola, attempting to shave people’s heads in their absence, is indeed, a chimera. However, it would seem that Goodluck

"AS STATED BY VICTOR HUGO, THERE IS NO FORCE IN THE WORLD THAT CAN STOP AN IDEA WHOSE TIME HAS COME. SO LET IT BE, WITH THE NECESSITY FOR NIGERIA’S RESTRUCTURING"

President Muhammadu Buhari and Acting President Yemi Osinbajo, SAN

Ebele Jonathan’s endeavour of 2014 seems to stand by itself, considering especially the broad spectrum of forces represented in the assembly, notwithstanding the hidden agenda by its convener. The arrival of decisions by consensus, and hammering of compromises by a select conclave of elders, meant that controversial issues like true federalism, resource control, fiscal federalism, restructuring, devolution, state police, regionalism and so on, were generally agreed on, with different groups having something to chew instead of giving any one group the whole loaf. By trying to iron out the rough edges of the Nigerian polity and hoisting the flag of unity in diversity and mutual respect, it portended a great day in the future for the multiethnic, multi- religious, and multicultural entity known as Nigeria. If most of the recommendations of the Confab had been accepted and acted upon, it is not likely that we would today, be seeing rebellious, fissiparous attitudes and tendencies among many in the land, most of whom were either not born or too young to recall the horrors and travails of war. In the event, all manner of ill-informed rabble-rousers and crusaders for secession and self-determination have seized the political space, proffering simplistic, ill-digested solutions to the multifarious problems afflicting the

country. Evidently, they are unaware of the fact that in international law, self-determination is applicable only to colonial situations, except there was a post-independence scenario of domestic colonialism. Separation and creation of a new State are a possibility, only if the canvassers are able to alter the facts on the

Professor Akin Oyebode

Quo Vadis, Nigeria? Perhaps, it needs be stated immediately, that even with the best intention in the world, nation-building is never a finished task, but always a work in progress. Even the most advanced societies of our time, are still embroiled in the task of creating a better assemblage of their people. However, we need not continue repeating the shibboleth that Nigeria’s unity is non-negotiable. As Mark Twain once opined, only two things are non-negotiable in life—death and taxes! What is sorely needed at the present point in time, is a more imaginative resolve to confront the difficulties we face as a diverse and heterogenous people. Mercifully, there is today, a groundswell of consensus, on the need for restructuring and recalibration of the basis of our living together. The forces mobilising for a restructuring or reconfiguration of our modalities for co-habitation cut across the entire country, faiths and attitudes. The necessity to renegotiate our paradigm for co-existence is paramount, in view of the fact that in unity lies the country’s strength. While those who believe that there should be greater inclusiveness and equity in determining who gets what, when and how should have the right to ventilate their grievance, there should be a sense of compassion and social solidarity among everyone, as well as the imperative of a give and take mentality, in order to make each and every Nigerian a stakeholder in the Nigeria project. There should no longer be room for an attitude of “My Mercedes is bigger than yours” in the scheme of things. No longer should we tolerate the feeling that some are born to rule, and others destined only to serve. Burden and benefit should run together, in the new Nigeria. Alienation, exclusion or marginalisation, should no longer be part of our political lexicon in a meritocratic Nigerian society. In the final analysis, I believe reason will prevail, even among those enamoured of brinkmanship and a winner-takes-all mentality. As soon as the crusaders gape at the ravine, they would immediately appreciate the necessity to step back and seek the accommodation of their fellow citizens. Nigerians, Africans and the entire Black race, just cannot afford the disintegration of their biggest hope for restoring the dignity of man in this environment. Of course, the modalities for reshaping the country’s socio-economic and political architecture would need to be hammered out but then, that would be a matter of mere details. As stated by Victor Hugo, there is no force in the world that can stop an idea whose time has come. So let it be, with the necessity for Nigeria’s restructuring. Professor Akin Oyebode, Professor of International Law, University of Lagos

Fundamentals of Restructuring

Before the Military he history of Nigeria up to 1999 must be clear to students of history and politics. Basically, by 1954, Nigeria was already a federation and the journey to independence did not alter the equation or calculation in any form. Consequently, by independence in 1960, Nigeria had the three regions of North, West and East. The regions were the federating units and the 1960 constitution shared powers between the central government and the regional government. The creation of Midwestern region altered the calculation a bit. Instead of three regions, Nigeria now had four regions. The Republican Constitution of 1963, never tampered with certain fundamental principles of government, apart from enthroning a full republican status instead of the monarchical supervisory role of the Queen of England in Nigerian affairs. Military Intervention By 1966, when the army struck, Nigeria retained its federal structure and the parliamentary system of government. There were some peculiarities of the federal structure in place, which made the regions very powerful. Devolution of power was such that each region controlled its resources to a large extent- to wit, North, its groundnut, West, its cocoa and East, its palm produce. As regards the judiciary, Regions had their appellate courts which was distinct from the federal appellate courts. Such was the state of the nation when the military intervened. With the military intervention, began Nigeria’s romance with the unitary system of government. This is understandable given the command structure of the military. So by 1979, when the military returned power to civilian democracy, the Constitution fundamentally altered the arrangement of devolution of powers. The enthronement of the Presidential System of Government, which conferred enormous powers on the President, unlike the parliamentary system, did not help matters. At least under the parliamentary system, it was impossible for a President or a Prime Minister as the case may be, to wield overbearing powers as is the case of a presidential system. All subsequent constitutions followed to a large extent the pattern of the 1979 Constitution, thereby throwing overboard the position of things as at 1960. It must therefore, be stated that in the course of military governance, states were created for both political and administrative convenience. So also were local governments. Indeed, it is on record that apart from Midwest Region, no State has been created under a constitutional democracy. What is crucial to note is that, with the creation of states, the states in Nigeria automatically became the federating units. They still are.

"BY 1966, WHEN THE ARMY STRUCK, NIGERIA RETAINED ITS FEDERAL STRUCTURE AND THE PARLIAMENTARY SYSTEM OF GOVERNMENT. THERE WERE SOME PECULIARITIES OF THE FEDERAL STRUCTURE IN PLACE, WHICH MADE THE REGIONS VERY POWERFUL. DEVOLUTION OF POWER WAS SUCH THAT, EACH REGION CONTROLLED ITS RESOURCES TO A LARGE EXTENTTO WIT, NORTH, ITS GROUNDNUT, WEST, ITS COCOA AND EAST, ITS PALM PRODUCE" Professor Epiphany Azinge, SAN

The Clamour for Restructuring This is the background that has brought us to this stage of clamouring for restructuring. So the question is, restructure from what to what? From states as federating units back to regions? To make the geo-political zones a component of our federation with constitutional recognitions? Or what? Secondly, is to agree in principle that there is need to restructure from what is the architectural blueprint that is currently prevalent. To restructure in the main, is to change to a large extent what is currently in place. It will require tinkering with the Constitution, as well as possibly inserting new clauses in the Constitution, in order to perfect the restructuring mechanism. Areas of possible intervention are as follows: a. Federating Units: This presupposes an acceptance that Nigeria retains its federal status. The notion of confederation will not be entertained therein. The debate is that the states remain the federating units for purposes of restructuring. This is without prejudice to states merging to become regions if they so desire, and geo-political zones also assuming a constitutional status without necessarily being the federating units. So ideally, the argument endorses states and state creation and de-emphasises regionalism and geopolitical zones, as parameters for political restructuring. b. Devolution of Powers: Noticeable imbalance flowing from power sharing between the Federal (Central) Government and State Governments, is evident from a perusal of the legislative powers shared in the 1999 constitution. Whilst we have 68 items under the Exclusive Legislative list, there are just 8 items under the concurrent legislative list. Item 45 of the exclusive legislative list stipulates “Police and other Government, Security Services established by law”. Proponents of state policing, will naturally want this to move to the Residual list, which will be controlled

by the state. Other items that require serious interrogation for purposes of restructuring are: Item 48- Prison, item 51 public holidays; item 39 – mines and minerals, including oil fields, oil mining, geological surveys and natural gas. There are still a host of the 68 items that can be restructured in favour of the federating units. Even the inclusion of Electric Power under the concurrent list, is part of the problem we have in respect of power. Under the doctrine of covering the field, the federal legislature have enacted laws, which seem to have emasculated the state legislature in matters dealing with electricity. c. Judicial System: Many have also argued that our judicial system is over-centralised. There is argument to return to State Appellate Courts or even Supreme Court. It is still confounding why matters of land ownership and inheritance, generally still come to Court of Appeal or Supreme Court, when such matters can end at state or regional or geo-political zone Court of Appeal or Supreme Court, as the case may be. d. Unicameral or Bicameral legislature: Again this is a decision, Nigerians may want to take for purposes of restructuring. Do we go back to bicameral legislature at the state or regional level or do we retain the status quo. Other issues to be grappled with for purposes of restructuring will include state creation, local government administration, prospects of including Rotation of Powers in the Constitution, as well as conferring constitutional imprimatur on idea of geo-political zones. Also along this line, is a determination of whether it is still fashionable to continue with ‘Presidentialism’ or we return back to the Parliamentary System. Professor Epiphany Azinge, SAN, Immediate Past Director General of the Nigerian Institute of Advanced Legal Studies

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Imperatives for Lasting Constitutional Restructuring of Nigeria

he quest for the restructuring of the faltering Nigerian Federation, keeps resonating and rearing its head at any given opportunity. For the first time, however, voices which were hitherto opposed to, or which naturally oppose, such agitations, have oozed out of their closets in support of the latest clamour for restructuring, signposting hope that meaningful engagement on the subject might yield results. Since any meaningful restructuring must entail a deep amendment of our Constitution, I will, in this article, attempt a comparative analysis between provisions of our Constitution on the one hand, and the provisions of several other Constitutions of sovereign countries on the other hand, to see if we can objectively find solutions to the major issues of concern. Before then, however, let me remind my dear compatriots of what the Supreme Court of Nigeria feels about the evolvement of an ideal Constitution for any given country, including Nigeria. In DANGANA vUSMAN (2013) 6 NWLR (Pt. 1349) 50 at 93, the Apex Court held that the Constitution of any country is â€œthe embodiment of what the people of that countryâ€™s desire to be their light in governanceâ€?. Also, in A-G KADUNA STATE v HASSAN (1985) 2 NWLR (Pt. 8) 483, the Supreme Court held that the Nigerian Constitution is "meant to cater for the uniqueness of Nigeria as a nation". The comparative analysis below, therefore, should be understood in the light of my attempt to make our Constitution the way it will best suit us as a people. Due to limited space, I will only look at major areas of concern. Chief Sebastine Hon, SAN

Fiscal Federalism This is one area clamoured or agitated for the most, by protagonists of structural changes in Nigeria. The dominant view is that â€˜let each State of the Federation control its resources and only remit taxes to the central or Federal Government.â€™ We shall now examine how tenable this can be, starting with a historical expedition. Part I paragraph 25 of the Schedule to the 1960 Independence Constitution vested exclusive legislative powers in the Federal Government over and concerning â€œMines and minerals, including oil fields, oil mining, geological surveys and natural gas.â€? The framers of the 1963 Constitution retained this provision verbatim, also in paragraph 25 of Part I of the Schedule to the 1963 Constitution. These provisions completely knocked off regional control of resources and placed them under the exclusive powers of the central Government. The Presidential Constitution of 1979, the aborted 1989 Presidential Constitution and the 1999 Constitution as amended all retained these provisions, clearly, therefore vesting exclusive powers over mineral resources in the Federal Government. This has consequently put control of these resources firmly in the hands of the central Government. But et seq. We shall examine other Federal Constitutions around the world. Article 73 of the German Constitution, 1990, which contains the Federal Exclusive List, is rather very short and says nothing about control of mineral resources. Rather, Article 74(11), which contains the Concurrent List, vests jointly in the Federal and the Regional Governments power to make laws â€œrelating to economic matters (mining, industry, supply of power, crafts, trades, commerce, banking and stock exchanges, private insurance).â€? In India, which is another Federation, Articles 53 and 54 of the Exclusive List of the Indian Constitution of 1950 as amended in 2003 have listed â€œoil fields and mineral resources, petroleum and petroleum products; other liquids and substances,â€? etc and â€œmines and mineral developmentâ€? as items to be legislated upon exclusively by the central Government. Also, Article 22(XII) of the Constitution of Brazil, 1988, vests exclusive legislative powers in the Federal Government on â€œmineral deposits, other mineral resources, and metallurgy.â€? Similarly, Article 24(0)(I) provides that â€œIt is incumbent upon the Union, the States, and the Federal District to legislate concurrently on: tax, financial, penitentiary, economic and city planning law.â€? Even then, section 24(1) provides that â€œWithin the scope of concurrent legislation, the jurisdiction of the Republic [i.e. the Federal Government] is limited to establishing general rules.â€? Article 25(2) provides that the states â€œshall have the power to operate, directly or by any means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.â€? Of grave importance, too are the provisions of TITLE VI (Articles 145-162), which have made elaborate provisions relating to taxation by the Federal, State and Municipal Governments, thereby putting a constitutional seal against issues like illegal or multiple taxation. Of equal importance is the elevation to constitutional status, of agriculture and agrarian reforms, in TITLE VII, Chapter III, thereby putting agricultural policies beyond the whims and caprice of successive regimes! This is most commendable! I quickly recommend this for Nigeria. The Federal Constitutions of Australia (1990) and South Africa (1997) and Russia (1993) are rather silent on â€œresource control.â€? In constitutional jurisprudence, generally, the States/Regions of these countries and their central Governments are having coterminous powers over the natural resources of the said countries. On the other hand, the US Constitution, vide Article 8(1) thereof, has provided that â€œThe Congress shall have power to lay and collect taxes, duties, imports and excises, to pay the debts and

provide for the common defence and general welfare of the United States; but all duties, imports and excises shall be uniform throughout the United States.â€? Also, the 16th Amendment which came into force in 1913 provides thus: â€œThe Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.â€? On the other hand, Article 10(2) of the same Constitution limits the fiscal powers of the States as follows: (2) No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net Produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. From the above, none of the countries operating a federal Constitution has permitted total fiscal autonomy to the federating units as has been consistently canvassed in Nigeria. Knowing the truth is one sure way of achieving peace. In this case, I submit that the Nigerian Federal Government â€“ made up of the Legislature, the Executive and the Judiciary â€“ have for a long time been taking bold steps to assuage ethnic and regional agitations for resource control or fiscal federalism. One of those steps was the enactment of section 162 of the 1999 Constitution as amended, which for lack of space, will not be reproduced here, but which has been tested in court severally â€“ with the Judiciary handing down decisions that sound proactively in support of regional control of resources. We shall briefly examine some of those decisions here. In A-G FEDERATION v A-G ABIA & ORS. (2002) 4 SCNJ 1, it was argued by the 8 littoral States of the Nigerian southern coastline that the Federal Government (FG) had ceded the ownership of Nigeriaâ€™s offshore to them, by virtue of the Allocation of Revenue (Federation Account, etc) (Amendment) Decree No. 106 of 1992. The littoral States had argued that this Decree abolished the onshore/offshore dichotomy on the sharing of oil and non-oil revenues. The issue of 13% derivation and its applicability to â€œnaturalâ€? and â€œmineralâ€? resources was also raised. The Supreme Court, in a landmark judgment, held inter alia as follows: r 5IFSF XBT OP UJNF UIF '( IBE DFEFE UIF BSFB CFZPOE the low-water mark to the littoral States as contended; hence the seaward boundary of each littoral State, for the purpose of calculating the amount of revenue accruing to the Federation Account, is the low-water mark of the surface thereof, or as in the case of Cross-River State which has no archipelago of islands, the seaward limits of the inland waters of that State. r 5IF QISBTF iNJOFSBM SFTPVSDFTu JO TFDUJPO PG UIF $POTUJUVtion excludes or does not contemplate â€œnatural resourcesâ€? â€“ as

"FROM THE ABOVE, NONE OF THE COUNTRIES OPERATING A FEDERAL CONSTITUTION, HAS PERMITTED TOTAL FISCAL AUTONOMY TO THE FEDERATING UNITS, AS HAS BEEN CONSISTENTLY CANVASSED IN NIGERIA"

argued by the Northern or Middle-Belt States that had filed counter-claims. r 5IF '$5 "CVKB JT OFJUIFS B 4UBUF OPS B -PDBM (PWFSONFOU IFODF cannot enjoy derivation under section 162(3) of the Constitution. r 4FDUJPO E JW PG UIF "MMPDBUJPO PG 3FWFOVF "DU $BQ LFN, 1990, in so far as it stipulated derivation of 1% instead of â€œnot less than 13%â€?, was null and void. Following the above judgment, the Olusegun Obasanjo-led Government qua the National Assembly bowed to pressure from Niger Delta agitators and enacted the Revenue Allocation (Abolition of Dichotomy in the Application of the Principle of Derivation) Act, 2004. Section 1(1) of this Act provides thus: 1.-(1) As from the commencement of this Act, two hundred metre water depth isobaths contiguous to a State of the Federation shall be deemed to be part of that State for the purposes of computing the revenue accruing to the Federation from the State pursuant to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 or any other enactment. In A-G CROSS RIVER v A-G FEDERATION (2012) All FWLR (Pt. 646) 408 S.C., the question was whether Cross River had ceased to become a littoral State by virtue of the judgment of the International Court of Justice (ICJ), which had yanked off the Bakassi Peninsula from Nigeria and had ceded same to Cameroon. Central for consideration was section 1(1) of the new Revenue Allocation Act, 2004, quoted above. The apex Court agreed that by virtue of the ICJ judgment, Cross River State was no more a littoral State, hence the revenue from the oil wells which hitherto was accruing to it now accrued to Akwa Ibom State. It must be noted that the word â€œdeemedâ€? was used in section 1(1) of the 2004 Act, quoted above. If the legal interpretation of that word is to be applied [for which see SAVANNAH BANK LTD. v AJILO (1989) 1 NWLR (Pt. 97) 305 at 325 SC], then the several decisions reached by the Supreme Court on revenue accruing from littoral States would not have been so reached. One of such decisions was the case of A-G ADAMAWA v A-G FEDERATION (2006) All FWLR (Pt. 299) 1450 S.C. In this case, the plaintiffs, invoking the original jurisdiction of the apex Court, argued that section 1(1) of the 2004 Act had unconstitutionally extended the seaward boundaries of the littoral States, in contravention of section 8 of the 1999 Constitution. Uwais, CJN, who delivered the lead judgment of the Court, held rather proactively, with due respect, as follows: This, with respect, is not a correct interpretation of the provisions of the Act, because the Act specifically states that the extension is only to be deemed, in other words, it is not real but notional, and it is specifically intended for the purpose of computing the revenue which accrues to the Federation Account from the littoral States. What a public policy judicial opinion! If it was only â€œnotional,â€? why then enforce it? The Supreme Court was later to admit in A-G RIVERS STATE v A-G AKWA IBOM STATE (2011) All FWLR (Pt. 579) 1023 at 1081 that the agitations in the Niger Delta following the 2002 â€˜resource controlâ€™ decision of the Supreme Court in A-G Federation vs. A-G Abia, supra, constituted the sole factor that made the National Assembly to promulgate the 2004 Act! As it stands now, therefore, all the three arms of the Federal Government of Nigeria have over time consistently exhibited resolve to quench violent agitations from the Niger Delta Region especially over â€˜resource controlâ€™ or fiscal federalism, as indicated in this piece, using constitutional means. I will briefly further adumbrate on this, as follows: r $IBQUFS 9** PG UIF 3FQVCMJDBO $POTUJUVUJPO IBE FTtablished the â€œNiger Delta Development Board,â€? which under section 159(4) of that Constitution was to be â€œresponsible for advising the Government of the Federation and the Governments of Eastern Nigeria and Mid-Western Nigeria with respect to physical development of the Niger Delta.â€? This Board was to last until 1st July, 1969. r *O UIF DPVSTF PG UJNF TFWFSBM DSJUJDBM 4UBUFT XFSF DSFBUFE GPS the Niger Delta Region â€“ Akwa Ibom, Bayelsa State and Delta. Abia and Imo States have also joined in the enjoyment of 13% derivation and have also been deriving benefits from developmental bodies like the Niger Delta Development Commission (NDDC). r 5IF *CSBIJN #BCBOHJEB MFE BENJOJTUSBUJPO FTUBCMJTIFE UIF 0JM Minerals Producing Development Commission (OMPADEC) to cater for the special needs of the Niger Delta. Today, the NDDC is statutorily established and is undertaking similar, if not graver assignments. r 5IF $POTUJUVUJPO BT TIPXO BCPWF FTUBCMJTIFE UIF SFWFOVF formula whereby Niger Delta and some Eastern Nigeria States take 13% of all oil revenues. As shown above, attempt by some Northern and Middle-Belt States to equate â€œmineral resourcesâ€? with â€œnatural resourcesâ€? so as to benefit from this constitutional largesse was rebuffed by the Supreme Court. r 5IF 'FEFSBM (PWFSONFOU BT BENJUUFE CZ UIF 4VQSFNF $PVSU bowed to pressure from the Niger Delta to enact section 1(1) of the 2004 Revenue Act, which for all intents and purposes is in conflict with Treaties entered into by Nigeria â€“ like the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958; the Geneva Convention on the High Seas, 1958 and the UN Convention on the Law of the Sea, 1982. This is a grave

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IMPERATIVES FOR LASTING CONSTITUTIONAL RESTRUCTURING OF NIGERIA CONTINUED FROM PAGE 10 national sacrifice! For now, all reasonable agitations from the Niger Delta have been reasonably addressed, in my humble opinion – which is expressed here just to let the truth be known – because my Bible tells me that we should know the truth, which shall then set us free. My conclusion, for lack of space, therefore, is that the Nigerian Government has over time been fair to the constituent States, especially the Niger Delta Region, on issues of fiscal federalism. Roundtable engagement to further improve on this is, however, not ruled out. “Jaw-jaw” instead of “war-war” is my humble plea. Regional and Municipal Autonomy Many countries have granted regional and municipal semiautonomy to the components thereof. The examples here are not limited to Federal Constitutions; but they are relevant to show that Nigeria needs to toe this line urgently – for the instantaneous development of rural areas. We shall demonstrate this here. Section 25(0) of the Federal Constitution of Brazil, 1988, permits the States to be “organized and governed by the Constitutions and laws which they may adopt, with due regard for the principles of this Constitution,” while section 30 of the Constitution grants “Municipal Self Government.” See, also, section 116 of the Australian Constitution of 1900. Several other Constitutions have also provided for regional or municipal partial autonomy without strings. See Part IXA (sections 243P-243ZG of the Indian Constitution); sections 104-105 of the Armenian Constitution of 1995; section 142 of the Constitution of Azerbaijan, 1995; Chapter III of the Constitution of Bangladesh, 2004; section 28A of the Constitution of Ireland, 1937; section 141(3) of the Constitution of Afghanistan, 2004 and Article 108(3) and (4) of the Constitution of Albania, 1998. Indeed, Article 111(2) of the Albanian Constitution provides inter alia that “The units of local government have an independent budget.” In a similar fashion, section 153 of the Constitution of South Africa, 1997, which is also a Federal Constitution, has mandated each local government council to “structure and manage its administration, and budgeting and planning process to give priority to the basic needs of the community, and to promote the social and economic development of the community.” Also, section 154(1) compulsorily requires both the national and regional governments “by legislative and other measures,” to “support and strengthen the capacity of municipalities to manage their own affairs, to execute their powers and to perform their functions.” That Constitution has no similar provision as 162(6) of the 1999 Constitution of Nigeria, which has established a Joint State/ Local Government Account. In 2005, the National Assembly of Nigeria, apparently seeking to sidetrack section 162(6) of the Constitution (for good intentions, I must say), enacted the Monitoring of Revenue Allocation to Local Governments Act, 2005. The Supreme Court wasted no time, in A-G ABIA STATE v A-G FEDERATION (2006) All FWLR (Pt. 338) 604 S.C., to strike it down as being unconstitutional. I hereby strongly suggest that section 162(6) of the Constitution be deleted, to pave way for a complete autonomy of Local Government Councils, as is obtainable in South Africa – another Federation. Similarly, the apex Court, in the consolidated suits of A-G OGUN STATE v A-G FEDERATION (2003) FWLR (Pt. 143) 206 S.C., had held that by virtue of section 162(5), (6) and (8) of the Constitution, the Federal Government had no power to pay directly any amount standing to the credit of the Local Government Councils to such Councils. This decision, too, would have been otherwise, but for the named provisions of the Constitution. An amendment to remove or modify the said provisions is hereby suggested. Other Constitutions that have either granted semi-self government to the municipalities or have provided that the administration of this level of government shall be strictly as stipulated by law are: the Irish Constitution of 1937 – section 28A thereof; the Constitution of Cameroon – section 55(2) thereof; the Constitution of Croatia, 1990, as amended in 2000 and 2001 – section 132 thereof; the Constitution of Belgium, 1970 – section 39 thereof, etc. The Constitution of Namibia, 1990, in section 111, has vested control of local councils in the National Legislature of that country. If this provision were in place in Nigeria, the Supreme Court would not have reached the decision it reached in A-G ABIA STATE v A-G FEDERATION, supra and A- G Ogun State vs. A-G Federation, supra. My suggestion, therefore, is an amendment of relevant provisions of the 1999 Constitution to either straightaway remove the Local Governments under the grip of the State Governments, or to place them under the National Assembly. The grassroots of Nigeria will fare much better if either of these is effected. I will further suggest that we revert to the 1963 Constitution whereby the Regions were given powers to enact their Constitutions, which Constitutions were, by virtue of sections 1 and 5, subject to the Federal Constitution. I would like to see a situation whereby the States or the geo-political zones of Nigeria will have their Constitutions, Supreme Courts, etc, as is the case with the US and other Federal Constitutions. Citizenship This is another contentious area – though agitations and tensions are limited to discriminating against Nigerians resident in other States apart from their States of origin. This should not be, in view of section 42(1) of the 1999 Constitution as amended, which has prohibited discrimination against any citizen on account of his having come from a particular community or a place of origin. Most Constitutions of countries of the world have less elaborate provisions on citizenship, if compared to the Nigerian Constitution, yet their political leaderships are always honest to keep discrimination amongst the citizenry at bay. This is not so in Nigeria, where a ‘non-indigene’ is merely tolerated in his State of

process of recall of a Legislator, to give such erring member the chance of instituting a court action to stop his removal from office!

"..... I WILL ADD THAT SERIOUS REFORMS IN THE JUDICIARY ARE OF CRITICAL IMPORTANCE. I TOTALLY SUPPORT CREATION OF SPECIAL COURTS FOR TRIAL OF CORRUPTION CASES, TO SAVE TIME AND ENHANCE BETTER ADMINISTRATION OF JUSTICE IN THAT SUB-SECTOR" residence. This should not be. In order to be proactive, therefore, I will suggest a few constitutional amendments – to put the naysayers where they belong on this issue. Article 6(2) of the Constitution of Russia, 1993, provides that “Every citizen of the Russian Federation shall have all the rights and liberties on its territory and bear equal duties stipulated by the Constitution.” Also, Article IV, section 2(1) of the US Constitution provides that “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.” I hereby suggest a constitutional amendment in Nigeria to reflect these – to avoid the present ugly situation whereby the youth of one ‘Region’ will be handing down quit notice to an entire race or tribe whose members are full citizens of Nigeria. To fully realise and practicalise these amendments, further amendments be put in place to ensure that if any particular State or ‘Region’ is reluctant or unwilling to implement the suggested amendments, if enacted, the Federal Government can step in to enforce them in any given case. I have the backing of the US Constitution on this. The XIV Amendment to the US Constitution, which was effected in 1868 and which made provisions on citizenship by naturalisation, etc, was capped up with the following provision in section 5 of the Article thus: 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Also, the XV Amendment which was made in 1870 and which guaranteed voting rights to all Americans in spite of “race, color, or previous condition of servitude,” was capped with the following provision in section 2: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Nigeria needs similar provisions even more than the USA, given our infamous practical experience of State officials looking the other way when citizens of other tribal or cultural origins are being abused! Pruning down Powers of State Ofﬁcials It is generally acceptable that the powers exercisable by the President of Nigeria and State Governors are too enormous and tend to gravitate to absolutism and tyranny. A few suggestions on how to prune down those excesses will hereby be made. Article II, section 3 of the US Constitution mandatorily requires the US President to “from time to time give to the Congress information on the State of the Union.” This sounds symbolic; but it helps to keep the President in check. Section 27(2) of the Constitution of Namibia stipulates that “The executive powers of the Republic of Namibia shall vest in the President and the Cabinet.” The word “and” deters an elected President from taking several months to constitute his cabinet. In this regard, too, we should revert back to the provisions of section 145(1) and (2) of the botched 1989 Constitution of Nigeria, where the President was placed under constitutional duty to assign executive duties to the Vice-President and the Ministers. Part 2, Chapter 1, section 70 of the Algerian Constitution states that “The President of the Republic, Head of the State, embodies the unity of the nation,” who “is the guarantor of the Constitution.” Similar provisions can be found in Article 49 of the Constitution of Armenia, 1995. Breach of these ordinarily should attract impeachment, hence our Constitution be amended to accommodate them. The nagging issue of immunity can also be addressed as is done in section 123(2) of the Constitution of Azerbaijan, 1995, where the Prime Minister loses his immunity if “he has been caught in the act of crime.” Alternatively, the immunity clause can be removed altogether, as is the case with countless number of other Constitutions. Abuse of power is, however, not limited to the Executive – as experience in Nigeria has shown that members of the Legislature are also guilty of this. Article 54 of the Constitution of Brazil has forbidden members of the Legislature from doing certain things that are contrary to their office; while Article 55 thereof stipulates automatic loss of their office if they are in breach. That Constitution, unlike that of Nigeria, has not given any room for

Restructuring of Ofﬁce of Attorney-General and Minister of Justice As things stand out today, it is probably only Nigeria that is still combining the office of Attorney- General and Minister/ Commissioner of Justice, thereby making the holder of that office both a general Ombudsman and a politician. This is not good for the smooth working of the system and should be stopped via constitutional amendment. See section 76 of the Constitution of India, 1950; section 64 of the Constitution of Bangladesh, 2004; section 30 of the Constitution of Ireland, 1937; section 134 of the Constitution of Afghanistan, 2004; and the Constitution of Argentina, 1853, etc, have all established/recognised ‘A-G’ without the addition ‘Minister of Justice’. And of course, we know that the US also has ‘A-G’ simpliciter. These are all random examples – meant to show that Nigeria is lagging far behind in this regard, hence the imperative of a constitutional amendment. But if we insist on retaining the status quo, I will suggest creation of the office of The Ombudsman – as in section 86 of the Argentine Constitution, section 77 of the Constitution of Bangladesh and section 89 of the Constitution of Namibia; or the office of The Public Protector – as in section 182 of the Constitution of South Africa, 1997; or the office of The Public Defender – as in Article 134 of the Constitution of Brazil, etc. State Police In the US, the Texas Rangers, founded in 1823 by Stephen F. Austin to protect the settlers from attacks by the indigenous Indians, remains the earliest form of State policing in the USA. To cut a long story short, however, modern day State policing in that country is traceable to May 2, 1905, when the State of Pennsylvania established by law the first organised State Police in the USA. For lack of space, I will have to say that Nigeria is also VERY RIPE for State police; and all relevant portions of the Constitution and Federal laws should be amended to accommodate this. Referendums and Plebiscites Making provisions for the convocation of referendums or plebiscites is one other sure way of restructuring our Constitution with a view to guaranteeing public peace and accountability in public affairs. Examples from other countries will suffice here. Article 49(XV) of the Constitution of Brazil allows federal legislation which would “authorize a referendum and to call a plebiscite” in deserving circumstances. Articles 150-152 of the Constitution of Albania also allow referendum in deserving circumstances. Section 47 of the Constitution of Ireland provides that even that Constitution can be amended through a referendum. Ditto Armenia – by virtue of Chapter 8 of the Constitution of Armenia, 1995. Reforms in the Judiciary I have already briefly touched on this above; but I will add that serious reforms in the Judiciary are of critical importance. I totally support creation of special courts for trial of corruption cases, to save time and enhance better administration of justice in that subsector. Section 127 of the Constitution of India, 1950, has permitted the appointment of ad hoc Judges, who may have retired from the Bench. I recommend this for corruption and election cases – for obvious reasons. I also suggest that Regional Courts of Appeal and Supreme Courts be created, as in the USA, to ease the workload on the Court of Appeal and the Supreme Court. Salaries and emoluments of Judicial Officers should be reviewed upwards – to stem corruption in the Judiciary. In 2013, I rolled out figures from the USA, Canada, Australia and even Ghana – to show that our Judicial Officers are receiving pittance. For instance, a Chief Magistrate in the US receives far more than what the Chief Justice of Nigeria receives as his emoluments! This is humiliating, to say the least. Miscellany There should be in our Constitution the following provisions, as can be found in some of the Constitutions indicated: r 1SPWJTJPOT GPS TPDJBM TFDVSJUZ m BT JO $IBQUFS ** PG UIF Constitution of Brazil. r $IJMESFO T SJHIUT m BT JO TFDUJPO PG UIF /BNJCJBO $POTUJUVtion, including a constitutional prohibition against children being employed as factory workers – as in section 24 of the Indian Constitution. r 1SPUFDUJPO PG NJOPSJUZ USJCFT JO /JHFSJB m BT JO TFDUJPOT and 30 of the Indian Constitution. r .BLJOH TPNF PG UIF DSJUJDBM QSPWJTJPOT PG $IBQUFS ** PG UIF Constitution justiciable. In Ireland, Chapter XIII of its Constitution, dealing with “Directive Principles of Social Policy,” the equivalent of Chapter II of the Nigerian Constitution, is even made justiciable. Finally, relevant security and anti-corruption agencies – the EFCC, ICPC, Code of Conduct Bureau, Customs and Excise, NAPTIP, etc, should be strengthened and better funded. A few years ago, I rolled out data showing that the US population is about twice more than that of Nigeria; that the US Federal Bureau of Investigation (FBI) has a total budget that is 50 times more than that of Nigeria’s EFCC and ICPC combined; and that it also has staff strength which is at least 10 times more than that of the EFCC and the ICPC combined. Yet, Nigeria occupies a higher position on the corruption index than the USA! Prosecution of crime, let alone of corrupt enrichment, is very costly, hence the imperative of these reforms. Chief Sebastine Hon, SAN, FCIArb, Constitutional Lawyer and Author

12/COVER

04.07.2017

It Was Never Like this

F Federalism

rom the time of the amalgamation of Nigeria, it has always been a central theme of Nigerian constitutions, to protect the minorities and to this extent, several commissions were established to advice on the best possible means of protecting minority interests within the amalgam. Sir Bernard Bourdillion, the then Governor General, introduced the initial precepts of federalism in 1939 when the provinces were abolished, and of very significant note is the Willink Commission which recommended the Federal system of government as a means to adequately protect the interest of the minorities. These efforts were made in the full recognition of the fact that for the whole to remain united, the federating units must remain autonomous in recognition of the diverse geographical, cultural, social and language differences. Federalism therefore, became the acceptable means of co-existence, soon after the provinces were abolished for administrative convenience. Immediately after the 1953 Constitutional Conference, the Richards Constitution came into effect, and provided for devolution of powers between the central government and regional governments clearly set out in the exclusive and concurrent schedules to the Constitution. Similarly, the Lyletton Constitution retained the essential character of a federal constitution. This system of government operated well and created competition amongst the various federating units which in very real terms enjoyed almost equal status with the centre and each unit progressed at its own pace and the controlled the bulk of its resources, revenue , taxation and administration. The Military This delicate arrangement which managed to hold together different entities under the 3 regions endured until the first military coup of 1966, whereupon the Supreme Military Council decided to apply the chain and command structure of the Nigerian Army by promulgating a unitary structure under Decree No 34 of 1966. The Council felt that the tension that had engulfed the country was due in part, to the federalist structure that created fissures between the federating units and in any event, they felt that the regions had become too powerful as to make effective control by the centre impossible. The story is told of how Sir Ahmadu Bello as leader of the NPC, preferred the premiership of the North to being Prime Minister and while the Balewa government was disposed to having diplomatic relations with Israel, the government of Northern Nigeria would have none of it. In July of 1966 and thereafter, the Supreme Military Council created more regions and states, as the 3 federating units had become too big for administrative convenience. Unitary System This system was to endure for 13 long years until 1979, when another federal constitution of 19 states was promulgated. This system suffered from the deficit that the centre had in the intervening period become too strong and what we had in effect was a unitary system masked as a federation of states. Everything was centralised, and some states were evidently not viable without the centre, especially as resources and revenue were controlled from the centre. It is safe to say that, long years of Military rule have impacted very negatively on the ideal federal structure. However, times have changed and Nigeria has now become a federating unit of 36 states and about 774 local governments, and what was then manageable, has become a behemoth that can no longer be managed from the centre. As a consequence of the foregoing, almost all the Governments since Ibrahim Babangida and Sani Abacha, have made attempts to address a problem that was inflicted on us by the military.

Some of the outcomes ended in the creation of more states, while the more fundamental issues of revenue, administrative control, taxation and security, were cleverly avoided. Indeed, the matter of revenue was cleverly assigned by Decree to the Revenue Generation and Fiscal Mobilisation Commission, which determined that all the revenues except IGR generated by states, would first have to come into the consolidated account for onward distribution to the federating units, with the Federal Government getting more than half of the revenue at the expense of the federating units which produce the income. In the intervening period, the population of the country had increased , income accruing to some of these States had become reduced by virtue of state creation, and their obligations had also multiplied in a country where taxation was never a popular means of generating income. Failure of the Present System Nigeria is at a cross road, because the experiment of the last 40 years may have had some short term benefits, but is clearly not working in a dynamic age where obligations have outstripped income and the exigencies of a local economy can no longer be amenable to centralised control. It is obvious that, the same prescription cannot cure the ills of 36 persons. The challenges facing a State like Lagos, is nothing compared to that of Adamawa or Abia State, and yet they do not control their resources and have to post revenue and receive pittance in return on a formula in which they have had little or no input. Deafening Calls for Restructuring Essentially, it is in the light of the warped federalism or quasi unitary structure, that the calls for restructuring have become deafening. Restructuring represents a good talking point, when the dysfunctional nature of the current system is taken into account, and it is to be emphasised that, people conceive of it in various extremes. One extreme of it is the call for secession or a Confederation where the States are in control of their resources and contribute a percentage to the maintenance of the Federal Government, who will be saddled with defence, foreign policy and economy, which is somewhat close to what obtains under the 1999 Constitution under the exclusive list. However, the exclusive list still covers such areas as security, resources, mining, revenue , transportation , physical planning and environment until the Supreme Court decision in AG LAGOS STATE v AG FEDERATION (2003) LPELR, 620 on the point in favour of the Lagos State Government. The argument is made that, the Constitution be fundamentally altered which will require that the Federal Government get a smaller share of the revenue generated, lesser responsibility in return for the devolution of powers to the States to control security, generate revenue, initiate and execute capital projects within their domain, and more importantly to progress at their own pace without clinging to the centre. It is truly absurd for a State Government to seek the permission of the Federal Government, to rehabilitate federal roads or other decaying infrastructure within its domain. The story is often told of the contradiction in the Constitution, where State Governors are described as the chief security officers of their respective states , but yet cannot issue operational or administrative instructions to

Chuks Nwuna

the Police Commissioner within their State without recourse to the Inspector General of Police, an appointee of the President. Indeed, Section 214 of the 1999 Constitution expressly outlaws the creation of State Police. A typical case of a commander without troops, in an era where crime has become sophisticated and the police actually enjoy generous stipends from the States, for their localities to remain crime free. The Federal Government, has also proven over time that it cannot humanly attend to problems arising in about 36 jurisdictions, without dereliction, and this presents a very powerful argument as to why more and significant powers, should be ceded to the States, so that some dividends can accrue to the people. I am persuaded that everyone seems to understand that this present arrangement cannot endure for a long time, and the opposition to the idea will normally depend on how much of a radical or benign restructuring that is sought. It is difficult to imagine any modern democracy where there is no significant devolution of powers and generation of income amongst the federating units. All voices have expressed support for some sort of restructuring, and the challenge is to see how this can be implemented, while Nigeria remains a united country. We can actually eat our cake and have it, if everyone commits to the long term goal of a restructured Nigeria where each entity develops at its pace and contributes to the centre. The extreme version of restructuring, is one that believes that restructuring can only be symbolic and that secession or the threat of it ,is the only way to engender change. This position cannot be historically correct because the largest democracies like India, Indonesia and China with hugely disparate differences, have consciously chosen to harness their differences into huge economies of scale, while at the same time allowing significant

"ESSENTIALLY, IT IS IN THE LIGHT OF THE WARPED FEDERALISM OR QUASI UNITARY STRUCTURE, THAT THE CALLS FOR RESTRUCTURING HAVE BECOME DEAFENING. RESTRUCTURING REPRESENTS A GOOD TALKING POINT, WHEN THE DYSFUNCTIONAL NATURE OF THE CURRENT SYSTEM IS TAKEN INTO ACCOUNT, AND IT IS TO BE EMPHASISED THAT, PEOPLE CONCEIVE OF IT IN VARIOUS EXTREMES"

powers to the constituent units. We have the fairly recent example of Scotland, where the referendum on independence was rejected for a united entity, on the understanding that more powers in respect of taxation, expenditure and development, will be devolved to Scotland. It is a system that has worked and explains why people within that jurisdiction, are happy with the union and it is a good example for Nigeria to follow. A significant followership of the ruling party, have been preaching restructuring for over 3 decades, and this represents a unique opportunity for them to force idealism into reality, particularly, as they presently control about 2/3rd of the states in Nigeria. In other words, we can proceed on a plebiscite, on the basis of a Constitutional Conference or amend the Constitution in a way that ensures that the objectives of a restructured polity are met, without bitterness and rancour. The hen has come home to roost, when distinguished persons who have chaperoned affairs in this country like IBB, now have the Damascus experience and actually say that the whole notion of federal police and federal roads in a federation is totally outdated, and should now be discarded. In the raging debate about restructuring, it is so easy to be misunderstood if the objective is to have your kinsman in Aso rock. Restructuring is beyond holding office, and must refer to a fundamental objective that creates a just and fair system supported by laws, norms and conventions, that allows for the progress of the units to the greater benefit of the whole. In matters like this, there are no perfect solutions, but I believe that we can turn this peace of the graveyard to joy at dawn if we become more flexible, avoid cast iron positions and understand that in the long term, the country will be better served if we have a very high degree of affection towards Nigeria . We must consciously strive to ensure in the state of our union, that centrifugal forces are in the minority, and this can only be when the advantages of remaining together in a devolved manner, is obvious to all and sundry . In the final analysis, there can be no comfortable restructuring that will not involve a long and tortuous legal process and a Constitution that actually carries the imprimatur of â€œWe, the People of Nigeriaâ€? to have any impact in the medium and long term. The challenge is for Nigerians to stay the course, and not fall prey to the roulette of Constitutional Conferences that end up on the shelf! Chuks Nwana, Legal Practitioner, Lagos

04.07.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I was advised by a friend to send you this email, that you may possibly be able to provide me with the information that I need. I am currently attending a three-week capacity building workshop for rural community based counsellors for juvenile offenders in Pretoria, South Africa. During one of our sessions, we were asked to write on the state of the death penalty in our various countries. This will form part of our presentation at the end of the workshop, and one important information required in the presentation, is whether persons convicted and sentenced to death, are still being executed in our countries. I have called and emailed many of my friends back home, and none of them has been able to provide me with conclusive information on whether Nigeria still carries out the death penalty. I even visited the website of the National Assembly, and there is not much information there that can help. Thanks. O.O. Abulu, Pretoria, South Africa. Dear Mr. Abulu, The current state of things with relation to the death penalty in Nigeria is quite uncertain and worrisome. This is because the administration of President Olusegun Obasanjo campaigned to pass a law stopping death penalty, but it wasn’t quite successful because of strong opposition from different quarters, including some religious bodies. However, the administration ensured that

there was what could be called ‘unofficial moratorium’, while consultations and surveys were going on on the issue. Since 1999 therefore, there was no concrete evidence of public executions of convicts for capital offences, though it was confirmed that three death row inmates, Ogbomoro Omoregie, Apostle Igene and Mark Omosowhota were executed by the Edo State Government on December 23, 2016. Although some civil society organisations, have raised concern that executions may be going on secretly in some states, they have intensified campaigns to persuade the government to take a stand against the death penalty. A coalition of civil society organisations, has even instituted an action in court against the 36 State Governments and the Federal Government, to stop them from executing convicts on death row. Statistics show that 70% of countries around the world, have abolished the death penalty, Nigeria as at August, 2011, had about 916 men and 8 women awaiting execution on death row in various prisons. While it can be said that Nigeria still retains death penalty, there really hasn’t been public executions in recent times. This is why the country’s statues is often referred to as ‘unofficial moratorium.’ Pending when there is an official Government position on whether to retain or abolish death penalty as advocated by civil society bodies, the death penalty is still here, though sparingly used. I hope my response has at least, been able to shed more light on the issue for you.

YOUNG ARBITRATORS NETWORK HOLDS INAUGURAL MOOT COMPETITION JULY 28 CONTINUED FROM PAGE 5 like AELEX, Aluko & Oyebode, Babalakin & Co., SPA Ajibade & Co., Streamsowers & Köhn, Punuka, Perchstone and Graeys amongst others. “Law students from tertiary institutions around the country will also be participating in the competition. “The LCA-YAN Moot will provide a unique opportunity for young practitioners and students, to gain exposure to diverse issues in international commercial arbitration including emergency arbitration, joinder of parties and several other contemporary issues in international commercial arbitration. “It is now common knowledge that Arbitration and Alternative Dispute Resolution, are crucial factors to investment development and economic growth and

have become international best practices for resolving commercial disputes of various magnitudes. With the global development of arbitration, it is paramount that Nigerian practitioners are not left in the wind. “Particularly, there is a need to ensure the promotion and development of the arbitration practice culture, amongst young practitioners. “The LCA-YAN is an LCA-sponsored association for practitioners, students and young members of the arbitration community. The aim of the Group, is to expose its members to the practice of international arbitration and provide them with a platform to exchange views on issues in international arbitration”, it added.

A truck driver used to amuse himself by running over lawyers he would see walking down the side of the road. Every time he would see a lawyer walking along the road, he would swerve to hit him, and there would be a loud "THUMP" and then he would swerve back into the road. One day, as the truck driver was driving along he saw a priest hitchhiking. He thought he would do a good turn and pulled the truck over. He asked the priest, "Where are you going, Father?" "I'm going to the church 5 miles down the road," replied the priest. "No problem, Father! I'll give you a lift. Climb in the truck." The happy priest climbed in to the passenger seat and the truck continued down the road. Suddenly the truck driver saw a lawyer walking down the road and instinctively swerved to hit him. But then he remembered there was a priest in the truck with him, so at the last second he swerved away, narrowly missing the lawyer. Even though he was certain he had missed the lawyer, he still heard a loud "THUD". Not understanding where the noise came from, he glanced in his mirrors and when he didn't see anything, he turned to the priest and said, "I'm sorry Father, I almost hit that lawyer." "That's okay", replied the priest, "I got him with the door." ˾˾˾ A pedestrian was standing on the sidewalk when he saw a funeral procession. The procession had two hearses, followed by a man walking a dog. Directly behind the man was a single-file line of at least two hundred people. Curious, the pedestrian followed the man walking the dog and asked what was going on. The man with the dog replied that the first hearse contained his ex-wife's lawyer. The pedestrian asked how the man died, and was told that the dog had bitten the lawyer and two days later the man had died. The pedestrian then asked about the second hearse, whereupon the man with the dog explained that he was the lawyer who had represented his business partner in a long and vicious business breakup. The man went on to explain that the other lawyer, too, had been bitten by the dog, and had died two days later. The pedestrian pondered this information for a minute, then whispered in the dog owner's ear, "Say, would you mind if I borrowed your dog for a while?" Without missing a step, the dog owner replied, "Okay by me fella, but you're gonna have to wait your turn in line like everyone else. ˾˾˾ Halls of Justice A judge was annoyed to find that his car wouldn't start. He called a taxi, and soon one arrived at his house. Climbing in, he told the driver to take him to the halls of justice. "Where are they," asked the driver. "You mean to say that you don't know where the courthouse is?" asked the incredulous judge. "The courthouse? Of course I know where that is." replied the driver. "But I thought you said you wanted to go to the 'halls of justice'?

14/TRIBUTE

04.07.2017

Jam Jam’s Passage Has Created a Sad Vacuum at the Bar Anthony Atata pays tribute to his friend and mentor, Musa Usman Ibrahim, better known in legal circles as "Jam Jam", former Attorney- General of Katsina State, who passed away recently. He extols Jam Jam's virtues as not only a courageous man, but a 'crack litigator'. May Allah, in His inﬁnite mercy, grant him Al Jannah Firdaus

shook his hand for the first time on the 20th of August, 2009. Only very few Lawyers will remember the historic event of that day. I will remind you. The year 2009 is remarkable to me. It was the year that set my career for the future as a lawyer, because it was the year I met the most wonderful people in the law profession. I was taught by the Catholic Church, that humility and speaking out against evil, are virtues. Then I left my home, Alas! I found myself in a society where humility is treated with disdain, speaking out seen as foolhardiness. My vision went blank. In the blankness of my vision, I saw a few lights shining in to the dark chaos of pride and timidity. Where people now believed that a life of "Packaging", excluded humility. One of the lights that shone very brightly in the intimidating dark cover of our society ravaged by empty pride, arrogance, and gross timidity in taking a stand was Musa Usman Ibrahim popularly known as 'Jam Jam' in the legal profession in Nigeria. That light went off in the early hours of this morning. He died a good man. May his soul rest in peace.

I was about 6 years at the bar when I got that first hand shake, after that, I got many more from him. In all, one particular handshake stood out. How I met Jam Jam On the 5th of May, 2011, the Nigerian Bar Association Lagos under the chairmanship of Chijioke Okoli (now SAN), honoured six outstanding members of the Branch. One of them was Musa Usman Ibrahim. The organising committee was led by a wonderful woman named Joyce Oduah. Shortly after I stepped into the Multidoor Courthouse hall where the event took place, Joyce Oduah picked me from the Crowd and handed over some loose sheets to me instructing me to put the contents together. I resisted on two grounds including the fact that I wasn’t a member of the committee, but she insisted. I am happy that I finally did. The loose sheets were the handwritten Bio and CV of Jam Jam. He had brought it to the venue like that. I had 10 minutes to develop it into his citation. I delivered and again, Joyce Oduah insisted that I be the one to read it at the event. I did, and after that day, a very special friendship

"THE ANNUAL CONFERENCE OF THE NIGERIAN BAR ASSOCIATION IN 2009 WAS HELD IN LAGOS. ON THE 20TH OF AUGUST, PA TUNJI GOMEZ, MOVED THE HISTORIC MOTION TO ABOLISH THE RANK OF SENIOR ADVOCATE OF NIGERIA. M.U. IBRAHIM WAS THERE. WHEN HE SPOKE ON THE ISSUE, ALMOST EVERYONE IN THAT HALL FELL IN LOVE WITH HIM, NOT BECAUSE THEY ALL AGREED WITH HIM, BUT BECAUSE HIS COURAGE WAS INFECTIOUS"

Late Musa Usman Ibrahim (aka Jam Jam)

began between Jam Jam and I. It was after that citation, that I got the outstanding handshake. Jam Jam, a man called to the bar the year I was born, walked up to me and greeted me with a baffling sense of humility that blew me away. It was an honour to have written and read his citation. I will still tell you about that first handshake. M.U Ibrahim was not just a humble man, he was fiercely courageous. He spoke out against the evils in the law profession and the country, without fear or favour. Many lawyers looked up to his contributions at the various NBA-NEC meetings. We will miss him. In 2010, at the Annual Conference of the Nigerian Bar Association in Kaduna, he was on a panel that discussed the SAN abolition agitation which has engulfed the law community in Nigeria at the time. That panel was moderated by Prof. Ernest Ojukwu.

Jam Jam stood up, and made a courageous case against the SAN title. Lawyers erupted in jubilation, a jubilation which today still echoes in the minds of those who were in that hall on that day in August 2010. What happened in that hall was a follow up to what happened at the NBA Conference in Lagos the previous year on the 20th of August. The Courageous and Loveable Jam Jam The annual conference of the Nigerian Bar Association in 2009 was held in Lagos. On the 20th of August, Pa Tunji Gomez moved the historic motion to abolish the rank of Senior Advocate of Nigeria. M.U. Ibrahim was there. When he spoke on the issue, almost everyone in that hall fell in love with him, not because they all agreed with him, but because his courage was infectious. As a young lawyer that just started a publication, I had my camera everywhere, and I captured his images as he turned around every second to shake lawyers who offered their hands to shake him. He became an instant celebrity, for people who didn’t know him before then. I was one of them. I joined other lawyers on the queue to get a share of the handshake, I sure did. Jam Jam, the Crack Litigator M.U Ibrahim was a crack litigator. In court, he was a colossus. As our friendship evolved, I began to carry his files to court, I began to do some of his matters. I needed to equip myself with litigation experience, and Jam Jam gave me that platform. He was very generous. Another Good Man is Gone I was switching off the gas cooker which I bought with the money he gave me on one of the occasions that I went to court for him, when the sad call came in. Jam Jam has passed. The voice on the other side told me. I froze. Another good man is gone. M.U Ibrahim, was a good man. His demise will leave behind a painful vacuum that I am sure will never be filled. I am consoled by the fact that death is an inevitable end that will come when it will come. May he rest in peace. Anthony Atata, Partner, Hallblack Law Firm, Vice Chair of IBA-African Regional Forum

NBA-Section on Business Law Honours Yetunde Okojie with Tare Yeri Star Award for Selﬂess Service Following the untimely demise of one of its active members, Ms. Oyintare Edith Yeri, who passed away on Saturday, 22nd April 2017, the Nigerian Bar Association Section on Business Law (NBA-SBL) has instituted an annual award in commemoration of the selfless life that she lived – The Tare Yeri Star Award for Selfless Service to the NBA-SBL. 'Tare’ as she was fondly called was a young, vibrant and selfless woman whose life was

devoted to God and to others. She was a longstanding and extremely committed member of the NBA-SBL who served in various capacities, under every Council of the Section since its inception, and contributed immensely to its growth and development. Tare played very critical roles in the planning of all ten editions of the NBA- SBL Annual Business Law Conference. Prior to her demise, she was deeply involved in the planning of the

L-R: Mr. George Etomi, Pioneer Chairman, NBA-SBL, Mrs. Yetunde Okojie and Mrs. Elvina Obidi

2017 Conference as a member of the Conference Planning Committee in what had become her traditional role, Chairperson of the Venues and Accommodation Sub-Committee. The first recipient of the award is Mrs. Yetunde Okojie, the Chairperson of the Budget SubCommittee, who has been recognised for her dedication, selfless contribution and unwavering commitment towards the development of the NBA-SBL. Her involvement in the planning of the Annual Business Law Conference, over the last few years, has been a major factor in the success of the event. The award was presented to Mrs. Okojie by Mr. George Etomi, the pioneer Chairman of the NBA-SBL and Tare’s Sister, Mrs. Elvina Obidi, on Tuesday, 20th June 2017 at the 11th Annual Business Law Conference of the NBA-SBL. The award includes a plaque and a cash prize which was donated, this year, by the law firm of Perchstone and Graeys. Speaking about the award, Mr. Olumide Akpata, Chairman of the NBA- SBL, said he thought that it was important to commemorate Tare’s selfless dedication to the NBA-SBL. According to Mr. Akpata, “Tare was, without a doubt, one of those thoughtful and concerned individuals who contributed immensely to the success story that is the NBA-SBL.” He also emphasised the need to recognise, celebrate and express appreciation to deserving colleagues while they are still with us, as Tare’s painful loss has taught us. Ms. Olubunmi Fayokun, Chairman of the

Late Ms Oyintare Edith Yeri, 1974 - 2017

2017 Conference Planning Committee, said she could think of no better person than Yetunde to receive the award. “Yetunde is a shining star who exemplifies selfless service and, over the years, has been a strong pillar of support to the various Chairmen of the Section as well as the successive Chairmen of the Conference Planning Committee.”

04.07.2017

IMAGES/15

The 11th Nigerian Bar Association Section on Business Law Conference themed "Law and the Changing Face of Legal Practice" took place at the Eko Hotel & Suites, Victoria Island, Lagos from June 18-20, 2017. Here are some of the personalities that attended Day 2 of the Conference... photos: Kolawole Alli

L-R: Mr. Seni Adio, Vice Chairman, NBA-SBL, Professor Ernest Ojukwu, Mr. Okey Egbuchu, Vice Chair Conference Planning Committee, Mr. Babasola Alokolaro, Ms. Olubunmi Fayokun, Chairman, 2017 CPC, Afam Mazi Osigwe, immediate past General Secretary of the NBA, Dr. Aminu Gamawa, Mr. Fubara Anga, Mrs. Joi Nunieh, Mr. Olumide Akpata, NBA-SBL Chairman, Mrs. Soibi Ovia, Mr. Dominic Obozuwa, and Professor R.A.C.E Achara during the Debate Session

L-R: Mr. Olumide Akpata, Chairman, NBA-SBL, Chinasa Unaegbunam, Dr. Maymunah Yusuf Kadiri, Dr. Adeyemi Johnson, Dr. Ladi Awosika, Mrs. Sherese Ijewere, Mr. Osaro Eghobamien, SAN, Mrs. Priscilla Ogwemoh, NBA-SBL Secretary and Olubunmi Fayokun, Chairman, 2017 CPC during the Health and Wellness Session.

L-R: Mr. Kunle Ajagbe, Ms. Olubunmi Fayokun, Chairman, 2017 Conference Planning Committee (CPC), Nankunda Katangaza, Solape Peters, Jayanth K. Krishnan, Mr. George Etomi, Pioneer Chairman of NBASBL, Mr. Dafe Akpedeye, SAN and Mr. Olumide Akpata, Chairman, NBA-SBL

L-R: Obi Asika, Olubunmi Fayokun, Chairman, 2017 CPC, Mena Ajakpovi, Diwari Peterside, Seni Adio, SAN, Vice Chairman, NBA-SBL , Bolanle Austen-Peters, Dr. Nkiru Balonwu, Dr. Ikechukwu Obiaya, Ahovi (Bovi) Ugboma, Richard Mofe-Damijo (RMD), Oyinkansola Fawehinmi, Stephen Kempner, Partner, Sheridans, Mildred Okwo, Asue Ighodalo and Olumide Akpata, Chairman, NBA-SBL after the Entertainment Session.

Mr. Olumide Akpata, Chairman, NBA-SBL with Bukola Olabiyi, Chairman of the NBA-SBL Young Lawyers Committee, during a special session with young lawyers

Mr. Ayuli Jemide, Treasurer, NBA-SBL

Oyinkansola Fawehinmi, Managing Partner, Technolawgical Partners, speaking during the Entertainment Session

Richard Mofe-Damijo, CEO, RMD Productions Moderator of the Entertainment Session

L-R: Mr. Asue Ighodalo, immediate past Chairman of NBA-SBL, Mrs. Tinuade Awe, Alhaji Sadiq Adamu, Imoni Akpofure, Kamal Shah of Stephenson Harwood LLP, Mrs. Nella Andem Rabana, SAN and Mr. Ikechukwu Uwanna during the Session on Legal Services Procurement

Mr. Seni Adio, SAN, Vice Chairman, NBA-SBL (left) with Mrs. Folashade Alli (right) and Mr. Theo Emuwa in the background

L-R: Jennifer Martins Okundia, Chitua Uzoh, Ronke Oladosu, and Funmi Otsemobor

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04.07.2017

T H I S D AY Ëž Ëœ Í˛Ëœ 2017

BUSINESSWORLD R A T E S NIBOR OVERNIGHT 1-MONTH

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Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

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Quick Takes PENGASSAN Re-elects Johnson President The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has re-elected Comrade Francis Olabode Johnson, National President in a keenly contested election, where he defeated Comrade Mohammed Saleh of NAPIMS and Comrade Eze Emmanuel Eze of NNPCâ€™s NPDC. Johnson, who was elected for the first term in June 2014, was reelected for a second term of 3 years (2017 - 2020) during the 5th Triennial Delegates Conference of the senior staff trade union that ended on June 29, at NAF Conference Centre and Suites, Kado, Abuja. Other elected are Deputy President, Comrade Frank Ufuoma Esanubi from Chevron who beat the incumbent Comrade (Eze) Jude Nwaogu; National Industrial Relations Officer, Com. Ndukaku Ohaeri from NLNG, who was reelected after defeating Comrade Elo Victor-Ogbonda, former Port Harcourt Zonal Secretary and Comrade Eleas Eduga of Nigeria Agip Oil Company who was also re-elected as National Financial Secretary.

Owerri Battles Benin for Shell Cup

CHANGE OF BATON

Immediate past Director-General of the Debt Management OďŹƒce, Dr. Abraham Nwankwo; handing over to the new Director-General, Ms. Patience Oniha in Abuja â€Śrecently

Shell Blames Third Parties for Non-diversion of Bonga Gas to Domestic Market Explains delays in 2,000MW-capacity projects Ejiofor Alike Shell Petroleum Development Company (SPDC) has blamed the non-diversion of natural gas from the deep-water Bonga oilfield to the domestic market on third parties, stressing that it has largely concluded its technical scope of the Bonga diversion project initiated to supply 120 million standard cubic feet of gas per day, an equivalent of 650 megawatts of electricity into the domestic market. The company has also explained the delays in the execution of some of its key

ENERGY gas projects initiated to deliver 2,000 megawatts of electricity into the National Grid, noting also that the apparent decline in its domestic market share was mainly because of divestments of its acreages to indigenous players who continued to supply gas from those fields into the domestic market. SPDC joint venture pioneered the supply of natural gas to the domestic market in 1962 and up till about 1997 when other multinational majors started supplying domestic gas, the company was the only supplier.

Consumers Applaud Chivita Campaign With the entry of other IOCs, Shellâ€™s contribution declined to about 60 per cent of the national supplies of domestic natural gas but the companyâ€™s new projects have missed their delivery targets. In a response to THISDAYâ€™s enquiries on the challenges that hinder the delivery of the companyâ€™s gas project, a spokesman of the company, Mr. Bamidele Odugbesan said the company had largely concluded its technical scope in the Bonga diversion project but that â€œthe diversion cannot be effected until all other parties conclude the work, particularly the gas

treatment plant by governmentappointed third party.â€? He noted that the apparent decline in market share for SPDC JV was mainly because of divestments of assets to indigenous players. â€œEnabling indigenous operators to be active in this area is a positive development and demonstration of SPDC JVâ€™s commitment to local capacity building,â€? he said. Odugbesan added that the SPDC JV is progressing a number of domestic gas supply projects, particularly the anticipated completion Continued on page 22

Power: Discos Short-changed Nigerians 841MW of Daily Supplies Chineme Okafor in Abuja Daily public electricity supply to homes and businesses across Nigeria was cut down by an average of 841 megawatts (MW) the whole of last week, a cumulative report on the industryâ€™s operation for the period has disclosed. The report, which was obtained from the National Control Centre (NCC) by THISDAY in Abuja, stated that on the average, about 841MW of electricity generated by generation companies (Gencos) every day could not be taken to homes and offices by the distribution companies (Discos) on account of constraints they had with their respective feeders.

ENERGY According to the report, an average of 3,292.3MW was generated daily for the period; yet, the 11 Discos could not take all of that to customers in their networks. The report also noted that on the average, the market deferred a daily income of N1.346 billion because of these operational constraints which also include gas. â€œOn June 25 2017, average power sent out was 3,398MWh/ hour (down by 111MWh/h). The reported gas constraint was 1927MW; the reported line constraint was 98.3MW. The reported frequency management constraint due to loss of Disco

Holy Ghost College, Owerri, Imo State and Hensen Secondary School of Benin City, Edo State are set for tackles today (Tuesday) in the final of the19th edition of the NNPC/Shell Cup at the Teslim Balogun Stadium, Surulere, Lagos. In the first semi-final match played on Sunday at the Teslim Balogun Stadium, the Hensen boys secured the first ticket with a 4-0 defeat of their counterparts from Government Day Secondary School, Lamisula, Borno State. Ernest Ojeken opened the goal line in the 13th minute of play with the second goal coming barely five minutes after from Arase Iyober, who made a good conversion of a corner kick. The first half of the match ended 3-0 with the third goal coming from Isaac Justice in the 23rd minute. The victory for the Hensen boys was sealed when Ernest recorded his second goal in the 78th minute of play to close the match at 4-0.

feeders was 445MW. The power sector lost an estimated N1, 186,000,000 on June 25 2017 due to constraints. â€œOn June 29 2017, average power sent out was 3,491MWh/ hour (up by 238MWh/h); the reported gas constraint was 1747MW; the reported line constraint was 161.9MW. The reported frequency management constraint due to loss of Disco feeders was 770MW; the water management constraint was 0MW. The power sector lost an estimated N1, 286,000,000 on June 29 2017 due to constraints,â€? said the reports. It further explained: â€œOn June 28 2017, average power sent out was 3,253MWh/hour (up by 372MWh/h); the reported

gas constraint was 1867MW; the reported line constraint was 10.4MW. The reported frequency management constraint due to loss of Disco feeders was 959MW; the water management constraint was 0MW. The power sector lost an estimated N1, 361,000,000 on June 28 2017 due to constraints. â€œOn June 27 2017, average power sent out was 2,881MWh/ hour (down by 452MWh/h); the reported gas constraint was 1927MW; the reported line constraint was 684.3MW. The reported frequency management constraint due to loss of Disco feeders was 890MW; the water management constraint was Continued on page 22

Consumers across Nigeria have commended the ongoing #breakfastwithChivita100% campaign being deployed on television, radio, digital media and out-of-home platforms. The campaign which seeks to raise consumer consciousness on the many benefits of having a complete healthy breakfast with Chivita 100% is said to be generating positive reviews and resonating with the aspirations of health conscious consumers. For some brand experts, the #breakfastwithChivita100% campaign is an innovative strategy to not only promote the culture of a complete healthy breakfast in Nigeria but to also own the breakfast narrative by highlighting the unique value of its flagship brand, Chivita 100% in the breakfast mix. The use of internationally renowned soccer stars like Wayne Rooney, Marcus Rashford, Eric Bailly and Juan Mata in the television advertisement to project the brandâ€™s breakfast narrative is connecting with the consumer base and its effectiveness is largely seen in the growing number of consumers who have made the brand their preferred breakfast beverage at homes, offices and restaurants. According to Martins Nnadi, an IT professional, â€œThe #breakfastwithChivita100% publicity campaign has been massive and is gradually shaping consumer opinion of a complete healthy breakfast. We all know that maintaining a healthy complete breakfast has a vital influence on our wellbeing, but Chivita 100% reiterates this in an engaging manner in its current campaign. For busy executives like myself, having a glass of the drink with breakfast is fast becoming a lifestyle choice because it offers the benefit of having a complete breakfast dietary requirements in spite of our schedulesâ€?

â€œSuccess should be defined by how many projects an administration is able to complete or set on the path of irreversible completion and not how many poorly funded contracts are awardedâ€?

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

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BUSINESSWORLD

NEWS

SHELL BLAMES THIRD PARTIES FOR NONDIVERSION OF BONGA GAS TO DOMESTIC MARKET

Peterside Applauds INTELS Investments, Compliance with Nigerian Content Law

of Forcados Yokri, Southern Swamp and new Final Investment Decision for Assa North/ Ohaji South. Speaking on the Forcados/ Yokri Gas Project designed to provide 80mmscf/d on completion few years ago but is yet to be completed, Odugbesan said the project was delayed by a mix of funding, contract approval and contractor performance issues. “We expect first gas this year while the second phase is planned to commence next year,” he added. On the delays in the execution of the ambitious Assa North/Ohaji South Project was initiated by SPDC and Chevron JVs to provide 500mmscf/d, the Shell spokesman stated that though the project was initiated by Shell and Chevron, the project has experienced changes in participating parties and in concept.

The Director General, Nigeria Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside has lauded INTELS Nigeria Limited for its investments and for full compliance with provisions of the International Ship and Port Facility Security Code (ISPS Code) and the Nigerian Local Content Law. He also commended the oil and gas logistics giant for having faith in Nigeria, stating that despite the challenging operating environment and some policy inconsistencies, the company had continued to invest in the country. “It takes faith to have this kind of investment,” the NIMASA DG said. “You believe you can invest in Nigeria, grow with Nigeria, prosper with Nigeria, face challenges with Nigeria, and you have done that for 30 years and still counting. You deserve nothing but commendation,” Peterside told INTELS management during an official visit to the company recently. He said that the achievements recorded by INTELS in three decades shows that there are lots of possibilities where there is will and vision. The NIMASA boss noted that the transformation that has taken place in Onne Port and the Onne Oil and Gas Free Zone over the years “is a source of encouragement for most of us who are playing one role or the other in government.” According to Peterside, “It means if we create the right environment, we will have so many other INTELS flourishing within our territory and will create employment for our people, create limitless wealth for our people.” He said it is the responsibility of government to create the enabling environment for businesses to thrive and thereby create jobs for the citizens. “I am particularly happy

POWER: DISCOS SHORTCHANGED NIGERIANS 841MW OF DAILY SUPPLIES

0MW. The power sector lost an estimated N1, 574,000,000 on June 27 2017 due to constraints.” “On June 26 2017, average power sent out was 3,333MWh/hour (down by 65MWh/h); the reported gas constraint was 1927MW; the reported line constraint was 212.6MW. The reported frequency management constraint due to loss of Disco feeders was 975MW. The water management constraint was 0MW; the power sector lost an estimated N1, 495,000,000 on June 26 2017 due to constraints. The report added: “On June 25 2017, average power sent out was 3,398MWh/hour (down by 111MWh/h); the reported gas constraint was 1927MW; the reported line constraint was 98.3MW. The reported frequency management constraint due to loss of Disco feeders was 445MW; the water management constraint was 0MW. The power sector lost an estimated N1, 186,000,000 on June 25 2017 due to constraints.”

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Jonathan Eze

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) Chineme Okafor (Energy) Reporters

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

that INTELS is complying with the ISPS Code. When we talk about oil and gas industry, safety is paramount to us. In all its dimensions, if you flourish in the industry at the risk of lives, it is not worth it. “Ours is safety administration. And safety is our number one priority. Whether you are in core shipping or shipping related functions, our emphasis is to make you workplace safety as your number one priority. If it will cost lives, it is not worth doing. The ISPS code as you know, is an international rule. It is not just a Nigerian rule. “Before now we were assessed by the US Coast Guard, as being 13 percent compliant.

But because of the cooperation we enjoy from INTELS and other terminal operators, at the last rating, the US Coast Guard rated us above 80 percent compliance. “In addition to being compliant to the ISPS code, I am also impressed from the reports I have read about your compliance with the Nigerian Content Development Act. I believe that is the way for sustainable businesses to go. “It is not enough that we make profit for our shareholders that is not enough to make our firms sustainable; what can make our firms sustainable is collaboration with our communities. “Without that collaboration, you will not have the requisite social

license to operate. You could just operate for a season, but when our interest is intertwined with that of the community, we can run sustainable business because we will of course have the social license to operate,” the NIMASA DG said. He added: “Whatever happens to INTELS today happens to Onne community. Their existence will be threatened and when INTELS flourishes, the Onne Community will flourish and by extension Nigeria. And so I am happy that you are compliant with the Local Content Act.” Peterside said that the present administration believes in the rule of law, consistency and the sanctity of the contractual relationships or agreements, “and

so whatever relationships or agreements that you have with us will be respected and that I can confirm to you and so I have absolutely no doubt that if all grey areas are looked at, eventually we will all be on the same page and you continue to do business.” The General Manager of INTELS Nigeria Limited, Mr. Silvano Bellinato, who had earlier briefed the NIMASA Director-General of the company’s activities, said INTELS Nigeria Limited has invested several billions of dollars in port development. He also said that the company is committed to working with relevant agencies of the Federal Government to derive full benefits of oil and gas logistics services in the country.

UNVEILING OF CROWN COURT ESTATE DURUMI

L-R: Chairma, Crown Realities Plc, Chief Ferdinand Alabraba; representative of Minister of Federal Capital Territory, Alh. Umaru Jubril; Executive Director, Commercial and investment Banking, Sterling Bank, Mr. Lanre Adesanya; and Managing Director, Crown Realities Plc, Mr. Chibuzor Dari- Uzu, during the inauguration of Crown Court Estate Durumi in Abuja... recently

We Have Metered Our 6,834 Maximum Demand Customers, EKO Disco Insists Ejiofor Alike The Eko Electricity Distribution Company Plc (EKEDC) said at the weekend that it had installed meters for all its 6,834 Maximum Demand (MD) customers within its network. The Nigerian Electricity Regulatory Commission (NERC) had on June 11, directed all the MD customers, who did not have meters to stop paying estimated bills slammed on them by the distribution companies. But the Chief Operating Officer of EKEDC, Mr Sam Nwaire, told a town hall meeting with customers under the Agbara/ Badagry Business District Area in Lagos at the weekend that the company had completed metering all its MD customers since March 31. He said that the company had metered about 50 per cent residential customers on free meter, adding that the company will meet its five years metering plans.

He, however, said that residential consumers were not included in the directive issued by the NERC on meter, no payment directive. According to him, the clarification was necessary because some customers were claiming that NERC directed all consumers yet to be metered to stop paying electricity bills. “We are happy to report that our maximum demand customers have been provided with meters as directed by NERC and are no longer billed by estimation. While we are making concerted efforts to provide meters for all our customers, we will continue to ensure the integrity of our bills and do everything within our mandate to comply with all NERC directives. We, therefore, urge our nonMD customers to please avail themselves of the content of the directive and be rightly guided. bConsumers should not misinterpret it to avoid paying for electricity already consumed,’’ Nwire explained.

The COO promised that all unmetered customers would be reached within the stipulated time, noting that it was not possible for all customers to be metered at the same time because of the huge cost involved. He urged those yet to be reached in the meter roll-out to exercise patience, saying that no customer would be left out at the end.

He also said the DISCO had an established billing methodology approved by the industry regulator for billing unmetered customers, based on a number of factors, which include the customers’ consumption pattern over time and availability of power supply within the particular month for which the customers were billed. The EKEDC boss urged

communities to be vigilant and guard against the activities of vandals in their areas. He said that the company would work hand-in-hand with the police to ensure that the suspects and others would be duly prosecuted in court. Nwaire said the company was only able to recover N4.8 billion out of N6.3 billion owed by customers for the month of May.

Niger Govt to Purchase 90 Tractors for Farmers Laleye Dipo in Minna The Niger state government is to purchase 90 units of tractors and their implements this financial year, Governor Abubakar Bello has said. Bello said the equipment would assist farmers in their land clearing business as a way of boosting food production. The governor was quoted by his Chief Press Jibrin Ndace as saying that the administration would continue to invest in the

agricultural sector of the state by providing equipment for farmers to boost their output. The governor said the administration would also map out plans on how farmers in the state could improve and navigate from subsistence to commercial farming. “We need to have a blueprint on how we can move from this level of subsistence farming into commercial farming”, he added. Bello revealed that some

companies had shown interest in partnering with the state in the area of agriculture adding that successful implementation of the series of agreements would help to boost the internally generated revenue of the state and also create employment for the youths. He also said that the government would invest massively in the construction of rural roads to facilitate movement of agricultural produce to the markets.

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BUSINESSWORLD

ENERGY

Improving Transparency in NNPC Despite the raft of measures introduced to enthrone a regime of transparency in the operations of the Nigerian National Petroleum Corporation, a new report by the Natural Resource Governance Institute has alleged a high level of opacity in the activities of the state-run firm, thus validating some aspects of the audit reports of NEITI. Ejiofor Alike reports President Muhammadu Buhari had on assumption of office initiated a reform in the Nigerian National Petroleum Corporation (NNPC), targeted at enhancing transparency and competitiveness of Nigeria’s oil and gas industry. The implementation of the reform commenced with the personnel restructuring of the NNPC - a cost-cutting measure that led to sweeping changes that affected senior executives. While a forensic audit of the NNPC was ordered, the NNPC’s Pipelines and Products Marketing Company (PPMC) was also split into portfolio companies to manage the refineries, pipelines and supply of petroleum products more efficiently. In line with the recommendations of President Buhari’s Transition Committee, the NNPC also cancelled contracts with oil traders, saving the NNPC $150 million monthly. Also in an unprecedented move to restore public confidence in the then corruption-ridden NNPC, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, who was then the Group Managing Director of the corporation, opened up the books of the state-run oil company to public scrutiny with the publication of the monthly financial and operational report of the corporation. Before this administration came into office, the level of secrecy associated with the operations of the NNPC was so high that the media and key members of the previous administrations did not have access to relevant information on the financial activities of the corporation, thus fueling speculations, allegations of ‘missing money’ and massive corruption. For instance, the various audit reports of the Nigeria Extractive Industries Transparency Initiative (NEITI), had uncovered cases where the corporation failed to remit revenues running into billions of dollars into the Federation Account and alleged that the opaque activities in the oil and gas industry, particularly the NNPC had made tracking payments from oil and gas companies quite challenging. A former Governor of the Central Bank of Nigeria (CBN) and Emir of Kano, Muhammadu Sanusi II, had alleged that $49 billion was missing in NNPC, an obvious exaggeration that triggered counter allegations that eventually cost him his job at the apex bank. Also a former Minister of State for Finance, Mr. Remi Babalola was moved to the Ministry of Special Duties where he resigned after he raised the alarm that the NNPC was insolvent, an allegation, which was fueled by apparent lack of access to relevant financial information as a result of the high level of opacity in the activities of the corporation. But with the publication of the monthly finances, the books of the corporation were relatively opened for the public to access information and form the right judgment and conclusions. The early gains of the NNPC reform were enormous as public and investor confidence was gradually restored in Nigeria’s oil and gas sector. This was evident in the corporation’s success in securing a $1.2 billion multi-year drilling financing package for the development of 23 onshore and 13 offshore wells in Oil Mining Leases (OMLs) 49, 90 and 95, under the NNPC/ Chevron Joint Venture. The reform also helped the NNPC to exit the joint venture cash call arrangements with the multinational majors, thus relieving the country of financial burden amounting to about $5 billion yearly. At the initial stage of the corporate restructuring, NNPC’s average monthly loss was reduced drastically to the extent that the corporation had targeted to achieve profitability before the end of 2016, a feat that had not been recorded in 20 years. However, the challenges of pipeline vandalism, low crude oil prices and high exchange rate, which imposed the burden of importation of all the country’s petrol requirements on the corporation made the target unrealisable. NRGI alleges lapses in NNPC Despite what seems to be an improvement in the efforts to enhance transparency in Nigeria’s oil and gas industry, the latest report of the

NNPC Towers Natural Resource Governance Institute (NRGI) has again indicted the NNPC for running its operations in an opaque manner. NRGI recently unveiled the 2017 Resource Governance Index (RGI), where it assessed “the governance of oil, gas and mining in 81 countries, in policy areas including state-owned enterprises, taxation, licensing, local impact, sovereign wealth funds and sub-national revenue sharing”. The 2017 RGI was said to have assessed how 81 resource-rich countries govern their oil, gas and mineral wealth and the assessment covered the period 2015-2016. The report noted that despite some progress in transparency of revenue collection over the past five years, tracking payments from oil and gas companies in Nigeria remains challenging. Citing NEITI’s audit report for 2014, NRGI stated that just over half of public revenues from oil and gas were distributed to the federal government and the rest were shared between the state and local governments. “In terms of revenue sharing, Nigeria ranks 11th, alongside the United States (Gulf of Mexico) and Ecuador. The public lacks access to audited information on revenue flows to lower levels of government, and this contributes to the gap between the quality of the legal framework and actual implementation,” said the report. NRGI criticised the NNPC heavily, alleging that despite some improvements in transparency, the corporation’s performance and accountability challenges have persisted. According to the report, NNPC, which is the largest state-run oil firm in Africa, achieved a poor governance score of 44 of 100. The report noted that the corporation mainly scored well on indicators that measure elements of transparency required by EITI reporting, such as transfers to government and production volume disclosure. It acknowledged that the NNPC has recently strengthened some of its reporting practices, particularly for high-level financial data. “However, the company does not disclose detailed annual reports on its finances, despite top officials having made a commitment to do so. Little information is publicly available, particularly concerning some of NNPC’s least efficient and most questionable activities, notably earnings by its subsidiaries, the costs of its operations and its significant spending on non-commercial activities. Government agencies and external auditors have disputed NNPC’s interpretation of rules set in the constitution and the NNPC

Act governing monetary transfers between NNPC and the government. Officials exercise significant discretion around how NNPC sells the government’s share of oil production—for example, when selecting buyers, pricing exports or transferring sales proceeds to the government,” the report explained. Speaking on the publication of NNPC’s monthly financial reports, the Nigeria Country Manager for NRGI, Sarah Muyonga told journalists at the weekend that the monthly publication did not contain certain financial transactions of the corporation. NNPC has also for the first time commenced the publication of winners of its yearly crude oil lifting contracts. The list of successful bidders for 2017/2018 consisted of 39 winners with 18 Nigerian Companies, 11 international traders, five foreign refineries, three National Oil Companies (NOCs) and two NNPC trading arms, while the contract would run for one year effective January 1, 2017 for consecutive twelve circles of crude oil allocation. Curiously, the Group General Manager, Crude Oil Marketing Division (COMD) of the Corporation, Mr. Mele Kyari, had restricted the announcement of the results to the corporation’s website only, as against advertorials and media publications, apparently to mitigate the backlash associated with the non-disclosure of the criteria for selecting the winners, some of whom were believed to have been selected on discretionary basis. Also the NNPC had concluded the signing $6 billion worth of deals with local and international traders to exchange about 330,000 barrels per day (bpd) of crude oil for imported petrol and diesel. The deals, which were previously referred to as offshore crude oil processing agreements (OPAs) and crude-for-products exchange arrangements, is now known as Direct Sale-Direct Purchase Agreement (DSDP). Four of the 10 pairs of companies recently signed product supply contracts with the NNPC, which took effect from July 1, while the rest of the companies were expected to have since signed the deals. However, the criteria for selecting the winners has remained a matter of conjecture as key industry players believe that the corporation employed discretionary approach to select some of the bidders. NRGI report has alleged that there is lack of transparency in licensing in Nigeria, adding that improving transparency could help mitigate Nigeria’s failures in licensing The report identified licensing as the weakest

link in Nigeria’s value realisation component, with a score of 17 of 100, placing it 77th among 89-country licensing assessments. According to NRGI, this score and ranking reflect high levels of opacity in key areas of decision-making, including qualification of companies, process rules and disclosure of terms. Though the NNPC has commenced the publication of the winners of its contracts, NRGI alleged high level of opacity in the qualification of the companies. Indeed, an industry stakeholder had told THISDAY, off the record, that the stakeholders could not understand how some of the successful companies made the list as “discretionary and underneath-the-table considerations” might have influenced the success of some of the winners of the oil lifting contracts. Muyonga said NNPC had made some new disclosures under the Buhari administration, but added that “the details and revenue implications of many of its high-value transactions remain secret.” “Furthermore, the Nigerian government does not regularly publicly disclose government officials’ financial interests in the extractive sector or the identities of beneficial owners of extractive companies. This enables widespread corruption, with which Nigerians are all too familiar,” Muyonga added. Opaque Excess Crude Account The NRGI report also revealed that notwithstanding some progress in transparency of revenue collection over the past five years, the country’s Excess Crude Account (ECA) is one of the most poorly governed sovereign wealth fund assessed by the index, ranking last alongside the Qatari Investment Authority. The NRGI report alleged that the federal government discloses almost none of the rules or practices governing deposits, withdrawals or investments of the ECA. The report noted that though Nigeria also has other natural resource funds, some of which are more transparent than the ECA, it acknowledged that the ECA as the largest fund by asset balance, constitutes a vast governance concern at the end of the oil sector value chain. For Nigeria to score only 42 of 100 points and ranks 55th among 89 assessments in the 2017 RGI was an indication that the country still lags behind in enthroning the regime of transparency in the oil and gas sector, regardless of what seems like the best efforts of this present administration.

T H I S D AY TUESDAY JULY 4, 2017

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Inter-agency Collaboration and Ease of Doing Business The recent Executive Orders signed by acting President Yemi Osinbajo on ease of doing business, without a doubt, will help rejig the economy and generally improve Nigeriaâ€™s business environment through the promotion of transparency and efficiency. Jonathan Eze writes on why inter-agency collaboration is necessary in all of these, especially at the ports Federal Ministries, Departments and Agencies (MDAs) have since gone into frenzied activities in the bid to put effect to the Executive Orders recently signed by acting President Yemi Osinbajo and exhibit compliance with a view to achieving the set objectives. One of the fall outs of the Executive Orders is on ports operations and this brings to mind the challenge of ensuring ease of doing business at the entry points vis a vis the subsisting issue of influx of substandard and harmful low quality products. Governments at all levels, the organised private sector, patriots and consumer protection advocates have always wondered if the efforts of the regulatory agencies charged with quality checks at the entry points are enough to tackle the menace of influx of substandard products and drugs (including hard drugs). This brings under scrutiny, the highlights of the Executive Orders as relates to operations at the nationâ€™s seaports in particular. No doubt that the greater percentage of imports into Nigeria comes through the seaports. Conversely, the greater percentage of substandard products into the country also comes in through these points of entry. The attempt by past governments to achieve the same objective particularly the directive in 2011 by the then Minister for Finance and Coordinating Minister for the economy, Dr. Ngozi Okonjo-Iweala that agencies like NAFDAC, SON, Agricultural Quarantine Services ,etc should vacate the seaports. Prior to the order, all of the regulatory and security agencies have offices located within the seaports complexes. The executive pronouncement then clearly directed that they all relocate their offices outside the ports and participate in cargo examinations on the invitation of the Nigerian Customs Service. The trickle effect of that order, particularly, the flooding of the Nigerian markets with substandard and harmful products including drugs since 2011, left a lot to be desired. A syndicate of unpatriotic Nigerians with the connivance of foreign partners, have since taken undue advantage of the policy to perpetrate illicit trade in low quality and substandard products including drugs. Nigeria has since turned into a dumping ground for all types of low quality, substandard and cheap products posing grave danger to the lives of Nigerians and the economy. They have over the years stifled out genuine manufacturers and importers who have invested huge sums to promote commerce and industry in Nigeria. Their activities have also led to avoidable loss of lives and properties through building collapse, fire incidents auto crashes, etc, not to mention other economic losses from purchase of products that do not give value for money, loss of jobs occasioned by shut downs and low capacity utilisation, all of which contributed in no small measure to the economic recession which the nation has been experiencing. It has also been discovered that some of the agencies established offices outside but close to the seaports and resorted to the use of ICT to monitor importation into Nigeria by integrating with the Nigerian Customs Integrated System (NICIS). Through these steps, agencies like NAFDAC and SON, have been struggling to cope with regulating the importation of substandard and life endangering products through the Nigerian seaports. This way, the agencies are able to view all imports and flag suspected substandard products for further scrutiny. If not allowed to participate in the examination of such suspected imports as was erroneously reported, whose interest is being protected? Are we encouraging them to hold the consignments once outside the ports? How would this impact on the objective of ease of doing business? Once suspected containers are

Acting President, Yemi Osinbajo examined by all concerned, arrangements can then be made to escort them out of the Ports to designated places for further regulatory activity. Thus, the recent signing and publication of the Executive Orders by the acting President came as a big relief to discerning observers, particularly the aspect relating to transparency and efficiency at the seaports. How transparent can it be if agencies authorised by acts of parliament are prevented from carrying out their legitimate duties? SON operations for

While the NPA reserves the right of ownership of the seaports premises and to allow permanent accommodation within the premises, It doesnâ€™t seem right and correct that the agency has the powers to determine and make pronouncements on the functions of sister government agencies except clearly authorised to do so

Hadiza-Bala-Usman example is governed by an act of parliament dated 2015, which stipulates that â€œthe agency shall have a right of access at reasonable times under Part VII, section 30 (b) to any premises, including all Nigerian seaports, airports and land borders where an industrial or commercial undertaking is being carried on, and may use reasonable force, if need be to gain entryâ€? NAFDAC, under Part II, Section 5 (d) of its enabling act Cap 1 of 2004 has as part of its functions â€œto undertake inspection of imported food, drugs, cosmetics, medical devices, bottled water, and chemicals and establish relevant quality assurance systems including certification of the production sites and of the regulated productsâ€? Where best can these agencies curtail the influx of substandard products including drugs if not at the largest point of entry. In view of the above, the recent pronouncement by the Managing Director of the Nigerian Ports Authority on the executive orders â€œas purported expulsion of agencies of government from the seaports from carrying out their legitimate duties under the lawâ€? leaves much to be desired. Following on the resolution of stakeholders at the meeting where the pronouncement was said to have been made, keen followers of developments are aware that procedures of all regulatory and security agencies are to be harmonised for implementation in cargo examination under the ease of doing business directive. While the NPA reserves the right of ownership of the seaports premises anD to allow permanent accommodation within the premises, It doesnâ€™t seem right and correct that the agency has the powers to determine and make pronouncements on the functions of sister government agencies except clearly authorised to do so. Ease of doing â€œgenuineâ€? business, of course, rather than promote the influx of low quality, substandard, life endangering and cheap products to the detriment of peopleâ€™s welfare and the economy of the nation. NAFDAC, SON and the other agencies are reportedly carrying out their statutory duties at other entry points like the cargo sections

of the international airports and the land borders in close collaboration with Nigeria Customs and other security agencies. The objective of the government in issuing the executive orders cannot certainly be to promote the influx of unwholesome products into Nigeria. The results of collaboration between the Nigeria Customs Service, SON and the Security agencies that led to the discovery and seizure of over N5billion worth of tyres need to be commended by all. Imagine the effect of such collaboration at the seaports where the bulk of imports into the country enter? Also imagine the negative impact those damaged tyres would have had on our roads if allowed into the markets. The subsequent prosecution of the suspects and the involvement of the Attorney Generalâ€™s office are gains that should be sustained. No doubt, the robust collaboration between NAFDAC, SON and the Police is working effectively. THISDAY reported recently that this collaboration led to the arrest of a syndicate that stocks expired products, change the best before dates to prolong the shelf life and sell to unsuspecting consumers. Furthermore, recent seizures by NAFDAC of imported expired health drinks and examination gloves at Tincan Island Port; containers and cartons of fake and controlled pharmaceutical products and medical devices at Apapa Ports and unregistered injection at NAHCO Shed 4, Murtala Muhammed International Airport are pointers to activities of unpatriotic Nigerians and their foreign collaborators. These are achievements that the nation needs to sustain and improve upon. Any measure under the implementation of the executive order that would work against such achievements would not be in the nationâ€™s interest. The Managing Director of the NPA, therefore needs to clarify her pronouncement lest unpatriotic elements take undue advantage of it to the detriment of the generality of Nigerians. All agencies of government authorised by law should be involved in cargo examination under the ease of doing business directive, albeit using a harmonised procedure of all.

T H I S D AY TUESDAY JULY 4, 2017

T H I S D AY Ëž Ëœ Í˛Ëœ Í°ÍŽÍŻÍľ

Amuchie: Preference for Foreign Firms Results in Capital Flight In this interview with Ugo Aliogo, the Chief Executive Officer of Convitech Group, Mr. Princewill Amuchie, speaks about the challenges facing the construction industry, the companyâ€™s contribution to the growth of the industry and what needs to be done by government to improve the sector. Excerpts: years have been very turbulent. For 2017, we are very optimistic. The budget was passed recently and we are looking at the figure allocated to the Ministry of Works. We have the belief that this administration is focussed on the development of the real sector. This is the only way we can come out of recession quickly. We commend the government for such feat and we hope the budget will be implemented to the latter. In the area of local content, what should government do to encourage local manufacturers? Government should begin by encouraging local companies; by giving them contracts to try their hands. We should stop having this feeling that they cannot do it. If we are determined to get the best out of them, then we should give them the opportunity. There should be some engineering projects given to these local companies and comparison should be made what they have done and with the foreign companies. It is a gradual process which I believe we will get right.

What is the vision behind Convitech Group? Convitech group is the family name for the various companies which we use for road construction support services. It comprises traffic warehouse, and other companies that we have. Actually, Convitech is an aspect of our company involved in road marking and the installation of all the devices, while traffic warehouse is into the sale of the devices that we deploy for traffic signs. The whole idea was born out of the fact that in the course of carrying out our business, we realised that there they were substandard materials in the open market, which most clients complained about. As a company, we decided to think of ways of getting some of these materials which are not produced here in Nigeria. This was what gave us the needed push to go in search of genuine and quality devices which could stand the test of time. What were those substandard products that you decided to import into the country? We have realised that some of the traffic signs placed on the road donâ€™t last long; after one month the signs are erased out of the road. The reflection which it is supposed to give on the road will not be there again. What this implies is that they are not of good standards. For instance, the road marking paintings that we use for the road are not original. Within three months, the paints get cleaned off. To address this issue, we embarked on research to find out good companies that produce high quality paints internationally. This is what we have been doing over the years. In which market do you purchase these products? I buy products from Germany, United States and Holland for now. We have been doing this consistently in the last three years and we have not had complains from our clients. How do you break even considering the challenges of forex? We started stocking our warehouse before the economic recession. Therefore during the recession period, we had reasonable quantity of stock. The bottom line is that though we have not made great profit. We are still in business in spite of the profit margin. What giant strides have Convitech achieved in the last three years? We have made giant strides in the areas of airport and road markings. Presently, we have one of the best equipment for airport and road marking in the country. We ensure that the equipment is used to render professional services in line with international standards. We use the best hands for the job. The operator of our marking machine is a German. We have handled major construction projects such as Benin/Ore expressway, even though it stopped at a point. We are hopefully that it will continue very soon. We also handled the Lokoja/Abaji Expressway. For us, that is a project, which speaks for itself. For the past two years, the road marking is very fresh and it is a point of reference to other road marking companies. We have also done some traffic installations for some states in Nigeria. Last year, we handled the runway marking of the Hoe Airport in Volta Region, Ghana. This shows that it is not only Nigerians that have seen the quality of our work, but neighboring country also. The airport was inaugurated by a former of President of Ghana. Recently, we handled the Abuja International airport runway marking. I can confidently say that the Abuja airport has been a success story. The project has opened doors of opportunities for us. Prior to that job, Julius Berger Nigeria Plc interviewed a lot of indigenous companies, but our company was chosen because of our track record. On our part, we ensured that we

Amuchie lived up to the standards expected of us by Julius Berger. We ensured that we finished on time. Due to the timeline given to us, we ensured that we finished the project two days before the promised date using high quality equipment. It was a landmark achievement for us. We have had other contracts since the Abuja project. It is high time Nigerians started investing confidence on indigenous companies because they can operate at the same level with foreigners if given the needed support. What unique qualities do you bring to the market that sets your company apart from close competitors? As a company, we have been focussed on bringing in quality, timely delivery and professionalism in terms of the type of staff we parade. We have invested so much in improving our human capital through training abroad. We have tried to update ourselves in the current trends in road marking. We have proved our mettle in this area. We have not disappointed in the projects we have handled. We have delivered on time. If you go to Reynold Construction Company (RCC) and ask for records they will tell you that we have performed excellently. We have not reneged in our promises and we have not done any shoddy jobs. Our jobs are more practical. It is a simple logic, when you deliver satisfactorily, you will be given more contracts. Our Nigerian engineers have not proved their competence in the projects they handle. There is a wide gap between a job done by a foreign company and a Nigerian company. Therefore indigenous companies should focus on reaching for perfection. Why does government prefer to outsource major construction works to foreign companies than local companies? This explains whether as a nation if we are prepared for growth and technological advancement. I will like to say here that the indigenous companies have not been able to build a level of confidence in the hearts of Nigerians in order to undertake this huge project. Some indigenous companies have been given contracts and the contracts didnâ€™t meet the expectations required. Another challenge

here is the right skill set. We have a type of education that is theory based, not practical orientated. To correct this, we need to have the right legislation in place. We need to have some skilled graduates in key position to take these decisions, which affect the industry. We have a long way to go in the area of road infrastructure, however our engineers are trying. But they need to step up especially in professional practice. Yearly, my staff and I go for training abroad in order to update ourselves on the latest developments in the industry. Every November, we go to Hamburg, Germany for these trainings. How should government encourage indigenous construction companies to grow? If government wants to encourage local companies, it should ensure it sets in place the right legislations; set aside certain positions which foreigners are not meant to occupy. If the foreign companies handle every aspect of a road construction contract without outsourcing certain areas to local contractors, it implies that there is 100 percent capital flight. There should be some left for the indigenous companies because with that there is serious transfer of technology. We cannot learn these things by looking at them do it. We have to be part of it; certain jobs should be left to the local companies. Therefore we need strong legislation in that area. Last year was a turbulent year for most businesses in Nigeria especially those that deal on forex. How were you able to cope with the issue of forex? Last year, we didnâ€™t engage in importation because of the high cost of forex and the challenge of getting it. For us, we relied on stocks we had in the warehouse. This helped us not to embark on any importation. We are still making use of those stocks. However, we are thinking of how to re-stock especially with the gradual drop in the price of the US dollar. What was your growth projection for last year; were you able to achieve it? Last year was challenging for us. We didnâ€™t achieve our growth projection. The last two

What is traffic warehouse all about? Traffic warehouse is a one-stop shop for traffic and safety needs. We have proved that we have what it takes in the area of road furniture and safety. We have worked with many construction companies, individuals and private organisations in the area of provision of some these devices, thereby making the devices readily available, at a very good price and quality. When we talked about this idea, nobody knew what we were talking about. Today, traffic warehouse is a success story. We are making other giant strides in the area of awareness. In 2015, we launched our traffic and safety school. The project was aimed at raising awareness on the right use of those devices. We are already recording our content for television. We have been on radio and very soon we will be on television. We are partnering the Lagos State Government, Vehicle Inspection Officers (VIO), and Lagos State Traffic Maintenance Agency (LASTMA). We are bringing our resource persons from various government agencies who will lecture Nigerians on the traffic signs and signals what should be done. How can we use traffic signs to curb road crashes? Each of the traffic signs have one message which it is passing to the driver. Part of the reasons why we have accidents on our roads is because of the knowledge gap especially in understanding traffic signs and following the instructions. Therefore traffic warehouse is here to fill that gap and become a bridge between the driver and the pedestrian. What is your advice to government on how to improve road infrastructure in Nigeria? Having a good maintenance culture is one way we can improve on road infrastructure in Nigeria. The Abuja airport was built a long time ago and nothing is being done to maintain the standard of the airport on a regular basis. In the developed world, road marking is a regular activity, but in Nigeria once the road is fresh we mark, re-marking is not done on the road again when necessary. The duration of every road marking is one year depending on how busy that road might be. But if it is a very busy road, six months you should come back to re-mark. Road marking is a safety measure; therefore it saves a lot of lives on the road. We should have a way of monitoring the quality of jobs done on our road. What I mean is that the government should create a monitoring team that regularly keeps an eye on the traffic signs to ensure that they are in order and they are not sabotaged by the public.

T H I S D AY TUESDAY JULY 4, 2017

T H I S D AY Ëž Ëœ Í˛Ëœ Í°ÍŽÍŻÍľ

BUSINESS/MONEYGUIDE

Zenith, FBN, GTbank, Access, UBA, Diamond among Top 1000 Global Banks Obinna Chima Six Nigerian banks which included Zenith Plc, FirstBank Nigeria Limited, Guaranty Trust Bank Plc, Access Bank Plc, United Bank for Africa Plc and Diamond Bank Plc were ranked among The Banker Magazineâ€™s Top 25 Banks in Africa that was released last night, in the magazineâ€™s 2017 1000 Global Banksâ€™ ranking. According to the ranking, Zenith Bank was placed first in Nigeria and 10th in Africa. The bank was also ranked as the 430th bank in the world. Zenith Bank was closely followed by FirstBank as the second largest bank in Nigeria, 12th in Africa and 567th in the world. GTBank was ranked the third in Nigeria, 13th in Africa and 588th in the world. Access Bank occupied the fourth position and was ranked 14th in Africa and 628th in the world, while UBA was placed fifth in Nigeria, 22nd in Africa

and 832 in the global ranking. Diamond Bank was ranked sixth in Nigeria, 24th in Africa and 881 in the world. According to The Banker, Africaâ€™s leading economies faced adverse conditions over the 2016 review period, as low commodity prices continue to shake the continentâ€™s growth trajectory. They pointed out that dealing with a shortage of foreign exchange, heightened political risk and volatile currencies, the performances of some regional lenders have suffered. â€œYet, as the rankings demonstrate, this is not a onedimensional story. In some cases, African lenders have improved on their positions in the Top 1000 ranking, helped in part by prudent growth strategies and diversified business models,â€? the report added. South Africaâ€™s Standard Bank Group once again topped the regional table with $8.6 billion in Tier 1 capital. This represented a 15 per cent increase from the 2016 ranking,

accompanied by a notable jump in the global table from 160 to 149. Rounding out the top three positions were fellow South African lenders FirstRand and Nedbank, second and third, respectively, according to the report. â€œOutside the top three banks, which have remained static in the regional table, some notable movements have occurred. Of particular note is National Bank of Egyptâ€™s climb to fifth place with $3.2bn in Tier 1 capital. â€œThis puts the bank at number 301 in the global ranking, up from 366 in the last yearâ€™s rankings. Nigeriaâ€™s Zenith Bank has fallen from seventh place last year to 10th in the 2017 Africa table. This follows a 25% fall in the bankâ€™s Tier 1 capital, largely attributable to the poor performance of the naira over the review period. â€œIndeed, every Nigerian lender in the 2017 ranking experienced a significant reduction in Tier 1 capital,â€? it stated.

Wapic Insurance Introduces â€˜Smart Seniors Planâ€™ Savings Product Nume Ekeghe As part of efforts to encourage savings culture among target audience, Wapic Insurance has introduced a new product known as the â€˜Wapic Smart Seniors Plan,â€™ targeted at senior citizens. In a statement recently, the company described the new product as an insurance solution that provides one the opportunity to save funds toward a retirement with an insurance cover.

Commenting on this, the Managing Director, Wapic Life Assurance, Mr. Rantimi Ogunleye, said: â€œRetirement is a sweet haven only for a prepared person. Financial planning toward retirement in this economy could pose a challenge, requiring a lot of discipline to achieve. â€œConsidering the various channels available through, which one can make withdrawals from their regular savings, using an insurance vehicle such as the Smart Seniors plan

provides that needed control, which will guide one towards achieving this golden goal.â€? In addition to enjoying return on oneâ€™s savings, â€˜Wapic Smart Seniors Planâ€™ also provides the opportunity of having an insurance solution covering the risks of demise, permanent disability and critical illness. Ogunleye also said that benefits of the insurance plan include no underwriting for your convenience; critical illness benefit and permanent disability benefit.

Lagos Unveils State-owned IBILE MFB Gboyega Akinsanmi The Lagos State Commissioner for Finance, Mr. Akinyemi Ashade has revealed that the state government is committed to reducing poverty and unemployment in the state through its newly established IBILE microfinance bank. A statement yesterday quoted Ashade to have given the assurance at the unveiling ceremony to officially introduce the bank, which is located at Ikeja. He further disclosed that Governor Akinwunmi Ambode was committed to his promise of making life better for the residents of the state. According to him, the state government would make MSME loans available to the residents of the state who plan to go into small-scale businesses, but lack the necessary capital to do so.

He said IBILE MFB would galvanise activities in the MSME sector â€œas it would allow more people to go into businesses which will ultimately reduce unemployment and the poverty rate in the state.â€? Speaking earlier the Chairman of the bank, Kolawole Taiwo had stated that the current government in the state was committed towards ensuring that it delivers the dividends of democracy via access to opportunities for an enhanced standard of living. Kolawole, who was the immediate past deputy speaker of the State House of Assembly, stressed that Ibile MFB was established by the Lagos State Government and licensed by the Central Bank of Nigeria in January 2017, to carry out microfinance banking activities and was set up to alleviate poverty, reduce

unemployment and increase financial inclusion in Lagos state. â€œIBILE MFB is the main disbursement vehicle to the Lagos State Employment Trust Fund (LSETF) which was established by the Lagos State Governor Akinwunmi Ambode with a N25 billion fund over four years to finance the businesses of 100,000 micro and small & medium enterprises â€œToday marks the beginning of another milestone in our state and I want you all to know that we will do the job with all seriousness and provide leadership to others in this sector. â€œWe must also note that microfinance banks such as Ibile MFB exist to fill the void that traditional/commercial banks cannot fill in terms of providing capital and credit facilities to MSMEs.

Flash Messaging Now on iPhone Promoters of Truecaller have announced that Flash Messaging is now the new way one can communicate with his or her friends and family. In a notice sent to THISDAY yesterday, they explained that Flash maintains the urgency of phone calls while being a simpler and short-answered way of messaging. â€œItâ€™s fast, free and fun,â€? they added. â€œWe built Flash Messaging with our users in mind. There

are moments in our lives when we need quick answers for simple questions. With the sense of urgency being low for responding to SMS we needed a new way to ensure that people get closure in communication. â€œHow many times a day do you need to ask someone a simple question without a full conversation? Many! We sat down with some of our Truecaller users, and asked them what are the most common questions they receive

throughout their day,â€? the promoters stated further. According to them, the Truecaller users interviewed all agreed that most questions require one-word answers. â€œWe took this feedback, and created a way to communicate in just one-tap. When you cannot answer a phone call, or have a full conversation via SMS, Flash Messaging on Truecaller offers important questions to be answered within 60-seconds or less.â€?

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

DECEMBER 2016 Broad Money (M2)

23,840,392.42

-- Narrow Money (M1)

11,520,166.67

---- Currency Outside Banks

1,820,415.90

---- Demand Deposits

9,699,750.76

-- Quasi Money

12,320,225.75

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 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

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

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Prime Lending rate

17.09

Maximum Lending Rate

28.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ Ă™Ă–Ă“Ă?ĂŁ Ă‹ĂžĂ? Ě‹ ÍŻÍ˛Ďą

OPEC DAILY BASKET PRICE AS AT FRIDAY 30, JUNE 2017

The price of OPEC basket of fourteen crudes stood at $45.63 a barrel on Friday, compared with $45.36 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), ZaďŹ ro (Equatorial Guinea), 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 ˾ ˜ Ͳ˜ Ͱͮͯ͵

MARKET NEWS

Seplat Gets Extension on $150m Revolving Credit Facility Goddy Egene and Nosa Alekhuogie Seplat Petroleum Development Company Plc, a leading Nigerian indigenous oil and gas company listed on both the Nigeria Stock Exchange (NSE) and London Stock Exchange, is set rebuild cash on its balance sheet and ensure future growth following the successful extension of its $150

million revolving credit facility (RCF) until December 31, 2018. In a notification to the NSE yesterday, Seplat explained that the three year RCF was due to expire at the end of 2017. But the facility will now expire on December 31, 2018 and has been successfully amended to amortise the remaining outstanding principal balance of $150million in equal installments over five quarters

T H E

commencing Q4 2017. According to the company, in all, its aggregate indebtedness under its term loan and RCF has “reduced by $365 million from its peak of $1 billion in Q1 2015 to the current balance of $635 million, at the end of June 2017, which is a significant deleveraging of the balance sheet particularly in exceptionally difficult trading conditions over the past 18

N I G E R I A N

months.” The amended facility has been provided by Citibank N.A. London Branch; Citibank Nigeria Limited; The Mauritius Commercial Bank Plc; Natixis, Nedbank Limited London Branch; Nomura International Plc; First Rand Bank Limited acting through its Rand Merchant Bank Division; Stanbic IBTC Bank Plc; The Standard Bank

STO C K

of South Africa Limited and Standard Chartered Bank. Commenting on the extension Seplat’s Chief Financial Officer, Roger Brown, said: “We are pleased to announce the extension to our revolving credit facility. The approval to extend and strong demand within our core lending group, which saw around 30 per cent oversubscription, demonstrates Seplat’s

E XC H A N G E

strong underlying business fundamentals and is further testament to the strength of our relationship with our continuing and new lenders. The amended facility, and recent resumption of exports via the Forcados terminal, will enable the business to rebuild cash on its balance sheet as we seek to strengthen our capital structure to ensure a strong platform for future growth.”

TUESDAY JULY 4, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Qatar Is Given a Further 48 Hours to Meet Gulf Demands Saudi Arabia and three other Arab states have extended the deadline for Qatar to accept a list of demands by 48 hours, or face further sanctions. The initial deadline for Qatar to agree to the group’s 13 demands, including the shutting down of the Al Jazeera news network, expired on Sunday. The Gulf state, which denies funding extremism, has given a formal response, but details have not been released. It has already called the demands an “affront to international law”. The requirements include the closure of a Turkish military base in Qatar and the curbing of diplomatic relations with Iran. Qatari Foreign Minister Sheikh Mohammed bin Abdul Rahman al-Thani was in Kuwait on Monday to hand over a formal response in the form of a letter from the emir of Qatar to the emir of Kuwait, the main mediator in the Gulf crisis. In a statement released shortly beforehand, lawyers for Qatar denounced the demands and called for international condemnation. They said the tactics were “reminiscent of the extreme and punitive conduct of ‘bully’ states that have historically resulted in war. “The world must unite

immediately to halt the singling out of Qatar for unjustified collective punishment and humiliation and to preserve peace, security and prosperity in the region.” Qatar has been under unprecedented diplomatic and economic sanctions for weeks from Saudi Arabia and its allies, Egypt, the United Arab Emirates (UAE) and Bahrain. The four countries, whose foreign ministers will meet on Wednesday to discuss the situation, have accused Qatar of harbouring Islamist groups

that they consider terrorist organisations - including the Muslim Brotherhood - and giving them a platform on the Al Jazeera satellite channel, which is funded by the Qatari state. Doha denies the accusations. The imposed restrictions have caused turmoil in Qatar, an oiland gas-rich nation dependent on imports to meet the basic needs of its population of 2.7 million. As a result, Iran and Turkey have been increasingly supplying it with food and other goods.

T H I S D AY TUESDAY JULY 4, 2017

˾ TUESDAY, JULY 4, 2017

NEWS MAITAMA SULE: AN ELOQUENT UNIFIER DIES IN HEAT OF NATIONAL STRIFE that Sule’s father named his only son, born in 1929, Yusuf. Sule often made references to his family background and described education as what placed him shoulder high with the emir, instead of serving him. Under the benevolent guidance of his father’s master, young Sule was enrolled at Shahuci Elementary School in 1937. He subsequently attended Kano Middle School and Kaduna College (now Barewa College). Sule taught at his alma mater, Kano Middle School and played significant roles in social mobilisation, touring villages with then Emir Muhammadu Sanusi throughout the emirate, on health, literacy and tax campaigns. The emir would later turban him Dan Masanin Kano, in acknowledgment of Sule’s knowledge, wisdom and roles in public campaigns. True to his title, Sule remained a repository of Kano and Nigeria’s history as well as an acclaimed public speaker with sharp wit. He left behind his wife and nine children.

Kano Declares Day of Mourning Reacting to his death yesterday, the Kano State Government declared today a work free day to mourn the death of the elder statesman. A statement by the state Commissioner for Information, Mohammed Garba added that his remains will be flown into Kano today and his funeral will take place at 4 p.m. at the Kano Central Mosque and Emir of Kano’s palace. A family source also confirmed that the aircraft conveying his body would land at the Aminu Kano International Airport, Kano, at 2 p.m. When news of Sule’s death broke in Kano yesterday morning, the metropolis was thrown into mourning, even as mosques in the city and other areas of gathering began to recite verses from the Quran, seeking God’s forgiveness and

for the repose of his soul. Commenting on his passing, a Kano resident, Alhaji Kabiru Yau Abdullahi, said the North had lost an elder statesman who spent his life serving the people. He said the late Sule had mentored and advised the late Emir Ado Bayero. A relation of the deceased, Mrs. Amina Ahmad, also said Kano had lost a father whose advice kept the town alive, pointing out that Maitama spent his entire life in the service of the nation and had a dream of a better Nigeria.

Leaders Mourn In his reaction to Sule’s death, President Muhammadu Buhari also expressed shock over the passage of the former Permanent Representative at the United Nations and personally sent a letter of condolence to the Kano State governor, Abdullahi Umar Ganduje. A statement by his media aide, Malam Garba Shehu said Buhari in his letter, expressed profound shock over the death of the elder statesman. The statement which also said Buhari described the death of Sule as a heavy loss, added that the letter would be delivered by a delegation of the federal government to be constituted by Acting President Yemi Osinbajo at the burial. The letter read: “I have heard this morning, the death of the venerable Alhaji Maitama Sule, Dan Masanin Kano, and one of Nigeria’s famous sons. Although I knew he was in poor health for some time, his death nonetheless, came as a profound shock. “As a Minister in the First Republic, he was one of those who assisted our founding fathers, Dr. Nnamdi Azikiwe, Chief Obafemi Awolowo, Alhaji Ahmadu Bello and Alhaji Abubakar Tafawa Balewa, to fashion Nigeria politically and lay the grounds of national co-existence. “Maitama Sule was blessed by God with a wonderful voice

and outstanding eloquence. He served with distinction in the First Republic, the Second Military regime, as well as the Second Republic, without him being tainted with the remotest hint of scandal. “As a person, I found him personable with unceasing good humour. Nothing personified his faith more than the fact that on losing his sight, he did not retreat in himself sulking on account of his ill-fortune. Quite to the contrary, he honoured virtually all invitations extended to him and spoke as usual with singular eloquence and unparalleled wit. “In my discussions with him, I greatly valued his counsel, and I never ceased to be amazed by his concern for the well-being of his country rather than his personal interests. “Let me extend my sincere condolences to Your Excellency, family and friends, the government and people of Kano, and Nigerians as a whole, for this most heavy loss. We shall not soon see the like of him. May God forgive his sins and admit him to Paradise, Amin.” In the same vein, Osinbajo yesterday said he received the news of Sule’s passage with profound sorrow, describing the deceased as an orator, elder statesman, distinguished diplomat and the Dan Masinin Kano. A statement by his media aide, Mr. Laolu Akande said the acting president extended his deep and heartfelt condolences to Sule’s family, friends, associates and the government of Kano State and prayed to the Almighty God to comfort them all. The statement further said Osinbajo observed that Sule would be best remembered on the global scene as one of Nigeria’s “foremost envoys whose clarity of voice and vision contributed significantly to the high esteem and respect Nigeria earned at the United Nations”. While conveying the federal government’s condolences to

the family of the deceased and the Kano State Government on behalf of Buhari, Osinbajo further described Sule as an illustrious son of Nigeria, great Nigerian leader and committed nationalist who positioned himself as an agent of unity, lamenting that his death was a loss to Nigeria. In his condolence message, former President Goodluck Jonathan, in a statement by his media aide, Ikechukwu Eze described Sule as a bridge builder and advocate of peaceful co-existence who worked relentlessly for Nigeria’s development. He described him as a committed patriot and celebrated African statesman, whose efforts helped bring an end to apartheid. The statement read: “I am deeply saddened by the passage of Dan Masanin Kano, Alhaji Yusuf Maitama Sule, who died today at the age of 88. “He was an accomplished leader, diplomat and elder statesman who served Nigeria and Africa in different capacities to the best of his abilities. I remember him as a great leader who worked relentlessly for Nigeria’s development. “He functioned as a reliable navigator in difficult times both at home and abroad, especially with the commitment he showed towards dismantling the last vestiges of apartheid. “The canon he preached and lived as a committed patriot was genuine love for our nation which manifested in his sincerity, hard work and deep embrace of people and politicians from all parts of the country. “He lived a long and rewarding life and will be greatly missed. May the Almighty grant him al Jannah Firdaus. My condolences to his family, the government and people of Kano State.” Former vice president and chieftain of All Progressives Congress (APC), Atiku Abubakar also said that Sule’s unblemished public

service record was one of the greatest and most indelible virtues for which he would be remembered by Nigerians and the world. Atiku, in a statement from his media office, noted that the deceased was one of Nigeria’s greatest and most remarkable politicians whose vast experience, knowledge and wisdom were invaluable and immeasurable. According to him, the late Sule was an epitome of selfless service to the people, adding that politicians of his generation were dedicated to service with integrity, qualities which he said, have been significantly eroded since the end of the First Republic. The former vice president extended his condolences to the government, the family and the people of Kano State on the death of the illustrious and remarkable politician. In their messages, the President of the Senate, Dr. Bukola Saraki and Deputy Senate President, Senator Ike Ekweremadu also mourned the death of the elder statesman. Saraki, in a statement issued by his Special Adviser, Media and Publicity, Mr. Yusuph Olaniyonu, said it was gratifying that the late Sule witnessed modest achievements in the country he believed in. He added that the late Sule was a detribalised Nigerian, core democrat, accomplished civil servant and exceptional orator who spoke the truth at all times. The Senate President expressed his condolences to the family of the deceased, the Kano Emirate, and the government and people of Kano state. Saraki called on Nigerians to pay the highest respect to Sule’s legacies, by toeing the path of dialogue in addressing their grievances and eschewing ethnic tensions. He also called on both the federal and the Kano State governments to immortalise Sule as the great icon of peace and an advocate of justice and

fairness. Ekweremadu, in a statement, lamented that Sule did not live to witness the Nigeria of his dream, which he fervently preached, prayed, and worked for. He described the demise as a blow, not only to the government and people of Kano state, but to the entire nation. “This is the exit of a patriot, true statesman, role model, social crusader, diplomat of an uncommon pedigree, and an orator, who served the nation and humanity in many capacities. “Although he was popularly known as Dan Masanin Kano, some of us preferred to call him Dan Masanin Nigeria, for he had a rare national appeal and loomed larger than life itself even in his humility. “A man of unimpeachable integrity and agent of national rebirth, Dan Masanin was true to his title, a man of the people, mouthpiece of the poor, master of words, peacemaker and diplomat par excellence. “As a people, therefore, we owe it to his memory to bring to fruition his dream of a truly united Nigeria where everyone is his brother’s keeper, a nation that is the pride of Africa, a bastion of democracy, the citadel of peace, and an economic giant,” Ekweremadu said. The Speaker of the House of Representatives, Hon. Yakubu Dogara, in his message, described the death of Sule as a monumental loss to the African continent. He said notwithstanding the fact that the deceased was of age, the sad news of his death came to him as a shock. He described him as a colossus, patriot, father to all, and a distinguished elder statesman who wrote his name in gold in the annals of Nigeria's history. Dogara expressed his heartfelt condolence to his immediate family, the people and government of Kano State and all Nigerians mourning his passing.

N3.1 billion. But Etisalat, in a statement two weeks ago, had countered this information, stating that it had paid $500 million up till February 2017. It said the outstanding loan to the lenders stands at $227m and N113bn, a total of about $574 million if the naira portion is converted to US dollars. THISDAY had also reported that the CFO of the company was alleged to have diverted an estimated $700,000 realised from the sale of its telecommunications masts to IHS, a Nigerian towers and telecommunications infrastructure provider, instead of using the funds to repay the banks. According to bank officials, they had financed the importation and purchase of the towers through Huawei of China to help build the infrastructure backbone for Etisalat. But when the telco earned foreign currencies from the sale, Etisalat failed to repay its US dollar loans as was done by other telcos like MTN and Airtel. As a result, the lending banks had resolved to take over the firm and pursue

the prosecution of Etisalat’s directors. However, their bid to take over Etisalat was halted by the Nigerian Communications Commission (NCC), the telecoms industry regulator, which made it clear that its licence was not transferable without its approval. NCC’s position was backed by the Central Bank of Nigeria (CBN). The suspicion is that the mass resignations were an attempt by the directors and senior executives of Etisalat to absolve themselves of criminal and civil liability over the debt default. As of press time, the NCC and CBN were in yet another crucial meeting with the banks and officials of Etisalat to address the crisis. It was expected that a decision would be made on the appointment of new directors, CEO and CFO for the company and may be announced today. An insider source told THISDAY that the banks are bent on restructuring the board and management of the telecoms company to reflect their interest. Also, another industry

source disclosed that the board of NCC would hold an emergency board meeting this morning in Abuja to work out a plan to stem the value erosion and crisis of confidence that has hit Etisalat arising from the non-resolution of the debt crisis. An NCC board member, who spoke with THISDAY in Abuja yesterday said that unless the matter was “handled strategically”, the current challenges facing the company might lead to the loss of subscribers on the Etisalat network, job losses, and erosion of investor confidence, “I have just received a notice for an emergency meeting; the issue of Etisalat will be discussed and addressed. We have some other meetings that are coming up very soon where the issues will be addressed. One thing we don’t want to happen is for the company to collapse,” the board member told THISDAY. “That is why an institution like AMCON (Asset Management Corporation of Nigeria) was floated by the federal government. That is why you have Arik Airline

still flying today, in spite of the huge financial challenges. It is not in our interest as a commission or as a nation to allow Etisalat to go down. “We will look into it and find ways to solve the problem. If the foreign investors are no longer interested in the company we will reposition it in such a way that it will attract other investors. I am sure other people will be interested. I don’t think workers will lose their jobs because we are going to look into the case of Etisalat.” He also said that NCC was doing its best to ensure stability in the sector by ensuring that the necessary infrastructure is put in place to enhance efficiency in the sector. He further revealed that the NCC was also looking at the ICT centres, including those in higher institutions in order to make them more effective; to make sure that clients or subscribers are not over charged and ensuring that there are customer centres across the country, where people can lay their complaints and instantly get attended to.

ETISALAT CEO, CFO RESIGN AS CRISIS DEEPENS Abu Dhabi Stock Exchange two weeks ago that it had pulled out of Etisalat Nigeria and was transferring 45 per cent of its stake and 25 per cent of its preference shares in its Nigerian subsidiary to United Capital Trustees Limited, the legal representative of the lending banks. Aside Etisalat Group, other shareholders of Etisalat Nigeria include Mubadala Development Company with a 40 per cent stake and Emerging Markets Telecommunications Services (EMTS), representing the Nigerian shareholders, with 15 per cent. Etisalat had in 2013 approached a consortium of 13 local banks for a loan of $1.2 billion for network upgrade and expansion. The money was sourced in dollar and naira denominations. However, citing the economic downturn of 20152016 and naira devaluation, which negatively impacted on the dollar-denominated component of the loan, Etisalat wrote its creditors informing them of its intention to halt the installment repayment of the loan, until such a time that it was able to raise more

money. Unsatisfied with the excuse from Etisalat, the banks threatened to take over the operations of the telecoms company should it fail to meet its payment obligations. The situation forced Etisalat to enter into negotiations with the banks, seeking unreasonable write-offs, which the banks rejected. Banks involved in the loan deal include: Zenith Bank, GTBank, FirstBank, UBA, Fidelity Bank, Access Bank, Ecobank, FCMB, Stanbic IBTC Bank and Union Bank. THISDAY had exclusively reported that a breakdown of the amounts owed the banks showed that Zenith Bank has the highest exposure to Etisalat amounting to $262 million and N80 billion, GTBank has the second highest exposure of $138 million and N42 billion, Access Bank follows with $131 million and N40 billion. Etisalat also owes UBA $125 million and N38 billion; FirstBank - $79 million and N24 billion; Fidelity Bank $56 million and N17 billion; Stanbic IBTC - $25 million and N7.5 billion; FCMB - $15 million and N4.5 billion; and Ecobank - $10 million and

TUESDAY JULY 4, 2017 ˾ T H I S D AY

NEWS

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

Finally, N’Assembly Receives 2015 Audited Report of MDAs NNPC’s JV operations last audited report submitted in 2010

Ndubuisi Francis in Abuja The Auditor-General of the Federation (AuGF), Mr. Anthony Mkpe Ayine, last Thursday submitted the final part of the 2015 audited report of the ministries, departments and agencies (MDAs) of the federal government to the Clerk of the National Assembly, Alhaji Mohammed Sani Omolori, bringing to a closure the almost one-year delay in the submission of the all-important report, THISDAY has learnt. According to the Financial Regulations (FR) 3210(v), the audited accounts of bodies established by the Acts of Parliament (parastatals) should be submitted by the Accountant-General of the Federation to the Office of the Auditor-General of the Federation (OAuGF) not later than May 31 of the following year. On receiving the audited accounts, the Auditor-General is required by law (within 90 days) to submit his report on the AccountantGeneral’s financial statements to the National Assembly. It therefore follows that going by this provision, the AccountantGeneral should have submitted his 2015 financial statements of the MDAs to the OAuF latest by May 31, 2016, consequent upon which the latter would have prepared his report and submitted to the parliament not later than August 2016 (the 90 days prescribed by law).

However, THISDAY investigations revealed that rather than submit the complete volume of the audited report, which incorporates the accounts of the MDAs for the year ended December 31, 2015, the Accountant-General of the Federation, Alhaji Ahmed Idris decided to submit it piecemeal (in two parts). THISDAY gathered that Part 1 which Ahmed submitted to the former acting Auditor-General of the Federation, Mrs. Florence Anyanwu was submitted by her to the National Assembly on December 2, 2016. Although THISDAY could not unveil the details of what Part 1 of the audit contained, some of the highlights included comments on losses of cash and stores, and observations made on the accounting records of the ministries, departments and extra-ministerial offices. Submitting the second part of the 2015 audited report to the Clerk of the National Assembly last week, Alhaji Mohammed Sani Omolori, the AUGF who assumed duty in March this year blamed the delay on the Accountant-General, Alhaji Ahmed Idris. THISDAY obtained a copy of Ayine’s speech, which he read while handing over the report to the National Assembly, wherein he squarely blamed Idris for the delay. His had said: “The delay in the submission of Part II was due to

delays in the preparation and submission of financial statements to my office by the Accountant-General of the Federation. “In accordance with the provisions of Finance (Control and Management) Act, Cap 144 LFN 1990, the Accountant-General of the Federation has responsibility for the preparation and submission of the Financial Statements on April 24, 2017. “I am required by law, within 90 days, to submit my report on the audit of the Accountant-General’s financial statements to the National Assembly. “Consequently, I have examined the accounts of the federal government for the year ended 31st December 2015 in accordance with Section 85(2) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).” Ayine further disclosed that Part II of the annual report of the Auditor-General of the Federation on the financial statements of the federal government for the year ended December 31, 2015, is divided

into four main sections. They include introduction, comments on the annual financial statements, the federation accounts and the reproduced AccountantGeneral’s annual financial statements. He expressed delight over the renewed efforts by the Public Accounts Committees (PACs) of both chambers of the National Assembly on the speedy consideration of Auditor-General’s annual reports. He also expressed hope that all outstanding audit reports before the National Assembly, up to the 2015 financial year, will be speedily considered. “It is also paramount that the concluded recommendations of the Public Accounts Committees be laid before the Senate and the House of Representatives for consideration. “This legislative consideration of PACs’ recommendations and onward transmission to the executive arm of government for implementation will make the accountability process meaningful and complete,” theAuGF

had said. Efforts to get the reaction of the Accountant-General of the Federation to react to the disclosure that he was responsible for the delay in submitting the 2015 audited report of the federal government, were futile. The Director, Public Affairs, Office of the Accountant-General of the Federation, Mrs. Kene Offie neither responded to calls nor to a text message sent to her phone. In a related development, the AuGF has harped on the need for transparency in the efforts for the advancement of a better Nigeria. He said it was worrisome that the last audited annual financial statements or accounts of the Nigerian National Petroleum Corporation’s (NNPC) joint venture operations submitted to his office was that of the financial year ended December 31, 2010. Ayine stated this when he visited the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu. According to a statement from

the Deputy Director, OAuGF, Mrs. Olawunmi Ogumishile, the AuditorGeneral stressed the necessity for the staff of the OAuGF to have access to documents of NNPC’s joint venture operations, as well as carrying out checks on the liquefied natural gas (LNG) companies. This, he noted, was necessary for the purpose of transparency, accountability and in the national interest. In his response, Kachikwu assured the Auditor-General that when the ministry undertakes the audit of its joint ventures and companies, the OAuGF would be involved, even as he assured that representatives of OAuGF would be given unfettered access to all the documents required to carry out their audit. The OAuGF is statutorily saddled with the task of scrutinising the books and auditing the accounts of the over 900 federal MDAs. The OAuGF is a separate and independent entity whose existence, powers, duties and responsibilities are provided for under Section 85 of the constitution.

Osinbajo Tasks African Leaders to Rid Continent of Poverty, Wars Omololu Ogunmade in Abuja The Acting President, Prof. Yemi Osinbajo, yesterday challenged African leaders to demonstrate their preparedness to adopt a comprehensive approach towards addressing the root causes of violence and poverty in various parts of the continent. He made this statement while addressing African Union (AU) summit in Addis Ababa, the Ethiopian capital, when he led a discussion on peace and security in his capacity as the Chairman of AU’s Peace and Security Council, an equivalent of UN’s Security Council. According to him, African leaders must strive hard to get to the root of violence and ensure that they don’t bequeath on the forthcoming generation the legacy of wars and poverty. “We need to rekindle our political will and determination not to bequeath to the next generation of Africans the burden of wars, poverty and misery. It is therefore necessary for the Assembly to reaffirm the overriding importance of holistically addressing the root causes of violent conflicts in our countries,” he said. Osinbajo who conveyed the greetings of President Muhammadu Buhari to the gathering, observed that the Peace and Security Council of AU had continued to relentlessly discharge its mandate of promoting peace, security and stability in Africa. He lamented the devastating effects of wars and conflicts on the

continent, saying it has brought huge setback to social and economic growth of the continent, noting that peace and security must be Africa’s driving force. “The tragic consequences of wars and conflicts in Africa are self-evident. The millions killed and maimed, the millions displaced, children out of school, set us back decades economically and socially,” he said. He insisted that peace and security in Africa was not negotiable. “Our resolve to end wars and conflicts in Africa is therefore our vote for a future of real growth and development for our continent. Our peace and security agenda must remain on the front burner of our deliberations. “We have no choice; peace, security and stability are fundamental to the realisation of sustainable development and to assure our peoples of decent and happy lives. “As we move towards silencing the guns by 2020, our collective resolve must remain solid and steadfast to effectively tackle conflicts, terrorism, violent extremism and the proliferation of small arms and light weapons. “Pursuant to our 50th anniversary’s Solemn Declaration, and under Nigeria’s chairmanship of the Peace and Security Council in the month of July, we will prioritise the adoption of practical measures to address the current security challenges in South Sudan, Somalia, Guinea Bissau, the Sahel-Sahelo and Lake Chad Basin regions.

A TOAST FOR LIFE

L-R: Former President, Alhaji Shehu Shagari; and fromer Head of State, General Yakubu Gowon (rtd), joined by Archbishop of Sokoto, Bishop Matthew Kukah, as they gave a toast during Gowon’s visit to Shagari at his residence in Sokoto....yesterday

Again, CBN Injects $195m into Forex Market Gives guideline for returning unutilised forex Obinna Chima In continuation of its drive to ensure liquidity and stability in the foreign exchange market, the Central Bank of Nigeria (CBN) yesterday injected the total sum of $195 million into various segments of the inter-bank foreign exchange market. A breakdown of figures released by the CBN showed that the sum of $100 million was offered to authorised dealers in the wholesale window, just as the Small and Medium Enterprises (SMEs) window was allocated the sum of $50 million. Those seeking forex for the purpose of BTA/PTA, tuition and medical bills, among other invisibles, received the sum of $45 million.

The Acting Director, Corporate Communications at the CBN, Isaac Okorafor, who confirmed the figures, said the bank’s continued intervention was aimed at strengthening the international value of the naira, while ensuring accessibility to the greenback by customers who required it for genuine purposes. The CBN had last week injected a total sum of $195 million to the wholesale, SMEs and invisibles segments of the market. But a survey of markets in the Bureau de Change segment (BDCs) in Lagos, Abuja, Port-Harcourt and Kano yesterday, showed that the naira exchanged at an average of N360/$1 in the BDC segment of the market.

Meanwhile, in order to ameliorate the challenges in returning naira to banks for unutilised foreign exchange (FX), the CBN has released the rule for addressing the situation. The central bank stated this in a circular titled: “Unutilised FX Returned to the CBN for SMIS Wholesale and Retail Interventions,” that was posted on its website yesterday. The CBN said it took the decision following incessant complaints from Deposit Money Banks (DMBs) over the delay in getting naira value for unututilised portions of FX repatriated to the CBN. To this end, it stated: “In order to ameliorate the current challenges in returning naira to banks for

unutilised FX and to improve on the current settlement processes, banks are hereby required to batch all unutilised FX returned to CBN per session/auction with effect from 26th of June, 2017. “In other words, where FX was purchased from CBN from a particular session, all unutilised portion of the session should be batched and forwarded to the CBN for settlement on a weekly basis. “In the same vein, all inflows from the proceed of International Money Transfer Operators (IMTOs) should be batched and forwarded to the CBN for settlement on a weekly basis.” It urged all authorised dealers to comply with the directive accordingly.

TUESDAY JULY 4, 2017 ˾ T H I S D AY

NEWSEXTRA

Adeosun: Executive Order on Asset Declaration, Sign of Govt’s Seriousness on Tax Compliance Ndubuisi Francis in Abuja The signing of an Executive Order on Assets and Tax Declaration by

the Acting President, Prof. Yemi Osinbajo, underlines the seriousness attached to the Voluntary Asset and Income Declaration Scheme

Crude Oil Price Rises for Eight Days, the Longest Since 2012 Ejiofor Alike with agency reports Crude oil price recovered from early losses yesterday to resume the longest stretch of rallies for eight days in a row, the longest in more than five years. Reuters reported that the development was an indication of reducing influence of US output on the global market, though analysts said news of rising production by the Organisation of Petroleum Exporting Countries (OPEC) could still cap gains. The global benchmark, Brent crude traded at $49.03 per barrel, after recovering from a session low of $48.54. The price rose 5.2 per cent last week for a first weekly gain in almost six years. With yesterday’s rallies, the benchmark Brent price has risen for eight trading days in a row, the longest unbroken stretch of gains since February 2012. US crude futures rose 28 cents to $46.32. Speculators in Brent crude futures and options raised their bets against a sustained price rise to the highest level on record in the latest week, according to reports. Also drilling activity for new oil production in the United States fell for the first time since January, dropping by two rigs, while US government data showed crude output fell in April for the first time this year, Reuters reported. The drop in US rig count and US Energy Information Administration figures showed that output fell by

24,000 barrels per day (bpd) on a monthly basis. However, despite the recent gains, the oil price is still down 14 per cent this year, with strong global demand not enough to absorb rising output from the United States, Nigeria, Libya and other locations, such as Brazil and the North Sea. Similarly, despite the dip in US drilling, the total rig count was still more than double the 341 rigs in the same week a year ago, according to energy services firm Baker Hughes. Oil markets remain oversupplied as output from the OPEC hit a 2017 high, with June OPEC production up by 280,000 bpd at 32.72 million bpd, despite the group’s pledge to cut output in order to reduce the excess inventory in the oil market. Reuters also quoted traders as saying that the World No.1 oil exporter Saudi Arabia could raise prices for the heavy crude it sells to Asia in August to the highest in more than three years. The move would come after refiner profits on churning out fuel oil from heavy crude hit record highs, with state oil giant Saudi Aramco cutting heavy crude production as part of a drive led by OPEC to rein in global output. Saudi Aramco may lift the Official Selling Price (OSP) for Arab Heavy crude to Asia by 20 cents a barrel to $1.65 below the average of Oman and Dubai quotes in August, its narrowest discount since December 2013, four Asian crude buyers reportedly said.

Dickson Calls for All-Parties C’ttee on Restructuring The Governor of Bayelsa State, Mr. Henry Seriake Dickson, has called on the federal government to set up an All- Parties Committee to formulate the template to streamline issues and views around the notion of restructuring Nigeria. The governor’s call came a few days after the leadership of the All Progressives Congress (APC) resolved to set up an internal committee of the party to work out modalities for restructuring of the country. While commending APC for supporting restructuring, Dickson believes that rather than making it an exclusive APC affair, membership of the restructuring committee should be drawn from all the political parties, civil societies and the academia to deal decisively with the matter, stressing that only an expanded committee would give a sense of belonging to all and sundry. A statement signed by the governor’s Special Adviser on Media Relations, Francis Agbo, yesterday in Yenagoa, noted that Dickson has promised to mobilise support for restructuring if the APC goes about it with sincerity of purpose. The governor however, advised those who misconstrue restructuring to mean secession to have a re-think

as ‘‘Nigeria’s unity and indivisibility is desirable but should be negotiated for the good of all.’’ He, however, said for restructuring to comprehensively address the questions of Nigeria’s unity, theAPC-led federal government must include Resource Control, Devolution of Power to the federating unitsandtruefederalisminthetemplate of restructuring. He said restructuring along the lines of resource control and true federalism will build confidence and cohesion across the country and place Nigeria on the path of justice and fairness. The statement read in parts: ‘‘For me, as Governor of Bayelsa State, any restructuring that doesn’t include resource control will not make much sense to my people because for us in the Niger Delta,restructuringNigeriastarts with resource control. “Myunderstanding of Nigeria is that we all want to remain in one Nigeria but it must be a Nigeria of our dream foundedon justice, equity and fairness; a Nigeria where all the people that make up the country are happy and proud to call their country and not a country where any section or race is perceived to be superior or inferior to the other, a Nigeria where we are our brothers keepers!

(VAIDS), the Minister of Finance, Mrs. Kemi Adeosun, has said. Adeosun said the scheme, which was launched in Abuja last week, would be vigorously implemented, adding that the federal government would deploy and heavily rely on technology to increase tax compliance In an interview on Channels Television, the minister stated that at six per cent tax-to-GDP ratio, Nigeria’s tax compliance rate was low while most nations are at between 30 and 32 per cent. “Prosperous nations have high levels of tax compliance while poor nations have low rates. Nigeria aspires to be a prosperous nation, so this problem must be solved,” Adeosun said. She revealed that the government had deployed data mining to compile data on thousands of tax payers, which showed the level of non-compliance and tax evasion. Citing the Bank Verification

Number (BVN), land registry and other sources within Nigeria as well as data from foreign governments, she also detailed the work of an international asset tracing firm as a source of overseas data. “Technology has been key in enabling us to build an accurate financial profile for Nigerians and based on the information we gathered, we saw that the level of non-compliance was very high and we knew we had to do something about it. “In the past, tracking true income and assets would have been difficult but now, it is at the touch of a button,” she said. The minister revealed that further information would automatically become available in 2018 under the Automatic Exchange of Information, to which Nigeria is a party, stressing that Nigeria will automatically get information through tax authorities of various countries. “What VAIDS is doing is giving tax payers, both companies

and individuals, a window of opportunity to regularise, to come clean so to speak, to declare fully, to declare honestly. “In exchange for full and honest declaration, what we are assuring is that we will waive penalties that should have been levied, waive the interest that should have been paid on overdue tax which is quite considerable, those who declare honestly will not be subject to any investigation or tax audit,” she explained. VAIDS, she added, is also to help increase tax awareness and education. “The Community Tax Liaison Officers (CTLO), who are graduates recruited through the N-Power programme, would go into their communities, schools and other public places to raise awareness and help increase tax enrollment. We are recruiting a total of 7,500 CTLOs through this scheme,” Adeosun stated.

The minister gave details of the ‘Tax Thursdays’ programme which will operate for the next one year, as announced by the Osinbajo and would see tax awareness activities at state and federal government level to improve tax education and increase the number of tax payers from the current 14 million out of 69.9 million who are economically active. The minister gave assurances of the judicious use of funds, saying that “tax payment is part of the civic partnership between people and government which would enhance participation and accountability.” On the confidentiality of information generated on individuals, she assured that “all information collected would be treated as strictly confidential and our doors are open. We understand that some people have significant declarations and people can walk in to speak with me. We have already started receiving inquiries.”

EMINENT JURISTS

L-R: Chairman, National Judicial Institute (NJI) and International Education Committee, Justice Ibrahim Tanko Muhammad; Chief Justice of Nigeria and Chairman, Board of Governors of NJI, Hon. Justice Walter Onnoghen; and Administrator, NJI, Hon. Justice Rosaline Bozimo, at the opening of an induction course for the newly appointed judges and Kadis held at NJI in Abuja....yesterday.

Ex-PDP Ministers: We Want to Defeat Buhari in 2019 Say next weeks’s S’Court ruling will reunite party Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) former Ministers’ Forum made up of politicians who served in the ministerial capacity when the party was in power has said they will like to see President Muhammadu Buhari re-contest in 2019 so as to defeat him in the election. The forum said that they have resolve to work in tandem with other organs and tiers of party and that they have taken a decision that whatever happens with regard to outcome of the judgement of the supreme court which is comming sometime next week, they would join hands to reunite the party. The forum which met at the residence of the former Minister for Special Duties in the ex-president Jonathan’s administration, Alhaji Tanimu Turaki in Asokoro, Abuja yesterday held that as a result of the inept leadership of the All Progressives Congress (APC)- led federal government, “Nigerians

have never been so polarised along regional, tribal, ethnic religiuos and other divides”. Addressing journalists on the resolutions reached at the emergency meeting of the Forum, Turaki who is the chairman said rather than pay back President Buhari in his own coin by demanding his impeachment as he did against late President Umaru Musa Yar’Adua, PDP desires that he recovers and come back to complete his remaining tenure. “People behave differently to different situations. We are not unaware of the point President Buhari made when Yar’Adua was sick. For us as former ministers forum, we wish him speedy recovery. We want him to come back and continue the job for which he persistently fought to be elected and for which he was elected. We want him to come and continue because we want to defeat him in the 2019 election and not anybody else,” he said. The forum said it is calling for

an urgent meeting of all organs of the party to harmonise all necessary strategies to consolidate the party and unite all efforts particularly in the buildup to the 2019 general election which it hopes will lead to a resounding victory. While reading the communique of the forum, Turaki said they observed with great concern the deteriorating security situation in the country. He made particular reference to the increasing spate of kidnapping, armed robbery and the unchecked menace of herdsmen that regularly kill, rape and vandalise farmlands across the communities. He said that the forum also noted that “as a result of the inept leadership of theAPC led federal govt in Nigeria that Nigerians have never been so polarised along regional, tribal, ethnic, religious and other divides and we feel that this is really most unfortunate”. According to the forum, PDP made the supreme sacrifice to make Nigeria one and ensured that our indivisibility as a people and as a

country were not compromised. The former ministers further buttressed their point on the patriotic disposition of PDP saying that the presidential candidate of the party in the 2015 election conceded defeat to president Buhari in order to disprove pessimists who thought that Nigeria would break-up. In their communique, the forum also condemned the alleged persecution and decimation of the opposition. They particularly frowned at what they described as “the unwarranted invasion of the residence of the immediate past Vice President, Arc. Namadi Sambo and the continued harsament and detention of key members of the oppostion”. “The forum strongly feel that the APC government should be alive and up their responsibility as a government to Nigerians, we wish president Muhammadu Buhari quick recovery and return to his post a president of the federal republic of Nigeria”

TUESDAY JULY 4, 2017 ˾ T H I S D AY

MAITAMA SULE: 1929-2017...

Eminent Nigerians, Groups Mourn Maitama Sule Eminent Nigerians and groups have poured encomiums on the late elder statesman, Alhaji Maitama Sule, who died yesterday day in Cairo, Egypt, at the age of 88. Sule who held the tradittional title of Danmasanin Kano, was a Minister of Mines and Power in the First Republic, former Nigerian Permanent Representative to the United Nations. He was also the Minister of National Guidance in 1983, a portfolio established to assist the then President Shehu Shagari in tackling corruptio. He was equally the pioneer Chairman of the Public Complaint Commission (PCC) and Chairman of the United Nations Special Committee against Apartheid.

NGF Mourns Sule

The Chairman of the Nigeria Governors’ Forum and Governor of Zamfara State, Alhaji Abdulaziz Yari Abubakar, said the demise of Sule, was a great loss to the Nigerian people and to Kano State, its peoples and its emirate council in particular Describing the deceased as an astute politician, administrator and orator who has impacted the nation positively in various spheres of human endeavor, the Chairman of the NGF said the nation will hardly recover from the loss of such a wise fella who passion for national development is unquenchable. Abubakar described the late Sule as an orator and former diplomat who was also a complete gentleman and good citizen who dedicated his life to the unity, progress and development of Nigeria.

Sule was a True Nationalist, Says Niger Governor

The late former Nigeria’s Permanent Representative to the United Nations, Alhaji Maitama Sule, has been described as: “a true nationalist who fought for the peace unity and progress of Nigeria.” The Governor of Niger State, Alhaji Abubakar Sani Bello, said in a statement made available to journalists in Minna that the late envoy was not found wanting in whatever he believed in. The statement signed on behalf of the governor by his Chief Press Secretary, Jibrin Ndace, described the demise of Sule “as a great loss not only to Kano state but Nigeria in general.” The governor described the deceased “as a highly detribalised Nigerian who, in various capacities, fought for the unity, peace and progress of the country since independence. “The government and people of Niger State received the news with great shock and we send our deepest sympathy to our brothers and sisters in Kano and the country at large,” the statement said.

ACF, El-Rufai Express Sadness

The Arewa Consultative Forum (ACF) and the Kaduna State Governor, Mallam Nasir El-Rufai, have said Nigeria will missed the wise counsel of elder statesman, Alhaji Maitama Yusuf Sule who died in Cairo, Egypt, yesterday following a brief illness. In separate statements issue in Kaduna, the forum and el-Rufai said Sule, was a great politician, bridge builder and one of those who laid the foundations of modern Nigeria. The ACF in its statement signed by its spokesman, Muhammad Ibrahim Biu, said news of Sule’s demise was came with shock and grief. They noted that the deceased was one of the pioneer ministers in the First Republic, a minister in the Second Republic and later Nigeria’s Permanent Representative in the UN.

Tambuwal Mourns Maitama Sule

Governor Aminu Waziri Tambuwal has described the death of Sule as a great loss, saying the deceased has impacted the nation positively in various spheres of human endeavour. In a statement issued in Sokoto by his spokesman, Malam Imam Imam, Tambuwal described the late orator and former diplomat as a complete gentleman and good citizen who dedicated his life to the unity, progress and development of Nigeria.

Obaseki Condoles with Nigeria, Kano Govt

Governor Godwin Obaseki of Edo State has mourned Sule, describing him as a great leader, who contributed immensely to peace, development and security in the country as Minister for National Guidance in 1983, a portfolio established to assist the then President Shehu Shagari in tackling corruption. In his condolence message to the people and government of Kano State, Obaseki recalled that the former minister actively engaged in the promotion of peace and security in the continent, working tirelessly through various diplomatic initiatives as Nigeria’s representative to the United Nations and as chairman of the United Nations Special Committee against Apartheid.

Ngige: Nigeria Lost a Colossus The Minister of Labour and Employment, Senator Chris Ngige, has described the death of the foremost elder statesman and diplomat, Sule is a monumental loss to Nigeria. Ngige in a statement yesterday by his Special Assistant, Nwachukwu Obidiwe, said the late elder statesman zealously loved Nigeria and left worthy examples for the present and future generations to build on. “Maitama Sule was a colossus whose life and time is a book, a must-read for all Nigerians interested in building a great nation. As Minister of Mines and Power in the First Republic, Maitama Sule, developed the blueprint that would make Nigeria a truly independent and self-reliant nation, taking bumper advantage of the abundant natural endowments in that critical sector,” Ngige said.

Late Sule describing it as a great loss suffered by the nation. Masari in a press release issued to THISDAY in Kano by Abdu Labaran Malumfashi, his senior special assistant on media. “It is with sadness and great sense of loss that I received the news of the death of elder statesman and fine gentleman, Alhaji Yusuf Maitama Sule, Danmasanin Kano.

Okorocha Hails Contributions to Nation’s Development

Imo State Governor, Chief Rochas Okorocha, has described the death of Alhaji Maitama Sule as a rude shock, saying his contributions to nation’s building was monumental. The governor said with the demise of Sule, the nation and indeed Africa has lost one of the finest and vocal nationalists who lived his life preaching peace and unity of purpose for the nation. He said as a federal minister and Nigerian Ambassador to the United Nations respectively and even as the then leader of the Northern Elders’ Forum (NEF), the Dan Masanin Kano displayed exemplary leadership and commitment to service for the good of all.

His Death is a National Loss, Says Ishaku

Taraba State Governor, Darius Ishaku has described the death of Alhaji Maitama Sule as a national loss. Ishaku who stated this during the flag off of distribution of equipment, hospital consumables and drugs to primary health care facilities in the state expressed deep shock over the death of the elder statesman saying he will be greatly missed by all Nigerians. “It’s a sad news. We have lost an outstanding Nigerian, with high sense of national history. An intelligent and great statesman who was always on the side of truth,” the governor said.

Tinubu: Sule was a De-tribalised Nigerian

Bauchi State Governor, Mohammed Abubakar, has described the death of Maitama Sule, the Danmasanin Kano and former Nigerian Permanent Representative to the United Nations as a “colossal loss not only for northern Nigeria but the entire nation.” While commiserating with President Muhammadu Buhari, Governor Abdullahi Umar Ganduje, the government and people of Kano State, the family of the deceased, as well as all Nigerians. Abubakar lamented that the death of the first republic minister has created a “big vacuum that is difficult to fill in the entire nation.”

All Progressives Congress (APC) national stalwart, Bola Ahmed Tinubu, has described the death of Alhaji Maitama Sule, a de-tribalised Nigerian. He said his death was not only a loss to his family and Kano State but also to the entire country. Tinubu said in a statement by his Media Office in Lagos: “The death in Cairo, Egypt on Monday of Danmasanin Kano, Alhaji Maitama Sule, is a loss not only to his family, Kano State, but also to Nigeria and Nigerians. “But we must all be consoled by the fact that he lived to a ripe age. And in his lifetime, he made an indelible mark as a politician, diplomat and statesman. “He personified what we should all be: Nigerians who know no tribe, region or religion. Danmasanin Kano was a truly detribalised Nigerian. He was always at the vanguard of peace and unity.”

He was a True Nationalist, Says Amosun

Death Has Robbed the Country of a True Patriot, Says Fayemi

Danmasanin Kano Lived, Died in Service of Nigeria Abubakar

Ogun State Governor, Senator Ibikunle Amosun, has described Alhaji Maitama Sule, (Danmasanin Kano), who joined his ancestors in the early hours of yesterday as a true nationalist who gave dedicated and unbroken service to Nigeria. Amosun in a statement by the state Commissioner for Information and Strategy, Dayo Adeneye, said the deceased was generous to a fault and a truly public spirited leader who gave away everything he owned, including his life, in order to uplift the dignity of less fortunate Nigerians.

Masari: His Death is a Great Loss Governor Aminu Bello Masari of Katsina State has condoled with Kano State Government and the family of Sule, , over his death,

The Minister of Mines and Steel Development, Dr. Kayode Fayemi, has mourned the death of Sule who passed on yesterday at the age of 88, describing him as a forthright leader with a generous spirit. Fayemi said Sule’s death has robbed the country of a true patriot, nationalist and peace maker. The Minister, who commiserated with the family of the deceased, the people of Kano State in particular and Nigeria in general, stated that the late Ambassador was a distinguished leader, political thinker, strategies, foremost diplomat, courageous and candour to whatever he did. In a statement signed by his Special Assistant on Media, Mr. Yinka Oyebode, in Abuja, Fayemi recalled his relationship with the late leader, whom he described as a man who possessed a great depth of wisdom, wit and leader with a huge sense of history.

Kalu Laments Icon’s Demise

Former Abia State Governor, Chief Orji Uzor Kalu, has lamented the demise of Sule, stating that the nation has lost a rare gem. The former governor, while acknowledging the contributions of the deceased to the socio-political development of Nigeria, noted that the late elderstatesman lived a purposeful life worthy of emulation. According to Kalu, the late Sule’s counsel on national issues will be greatly missed, adding that he died at a time the country needed to tap from his vast reservoir of knowledge. In a statement signed by his Special Adviser, Kunle Oyewumi, Kalu said, “the demise of Alhaji Maitama Sule is saddening and indeed a huge loss to the country considering his vast contributions to national discourse.”

He was a Great Nationalist, Says PDP

The leadership of the Peoples Democratic Party (PDP) under Senator Ahmed Makarfi has said it received with great shock, the news of passing away of Sule. The party on behalf of its entire organs, commiserated with the government and people of Kano State especially, Governor Abdullahi Umar Ganduje, in particular, the family of the deceased icon, and the nation over the demise of Sule. In a statement issued by its spokesman, Dayo Adeyeye, PDP said the late Sule was the pioneer Chairman of the Public Complaint Commission (PCC) in 1975, an office created by the regime to hear complaints from Nigerians on all issues of governance. He carried out this responsibility diligently and reduced corruption index in the country by using the PCC platform to expose corrupt officers in government.

Daniel: He was an Untiring, Remarkable Politician

Former Governor of Ogun State, Gbenga Daniel, has described the late Alhaji Yusuf Maitama Sule as a remarkable politician, an untiring leader and one of the last titans of modern-day Nigeria. In his condolence message, Daniel expressed grief on the death of the elder statesman whose demise, he stated, was a great loss to his family, the good people of Kano State and the entire nation considering his immense contributions to the political history of Nigeria. “He was a notable diplomat, political strategist, proficient administrator and an outstanding statesman whose life was that of continuous service and commitment to the well-being of the people. His demise was a great loss to the nation especially the Northern Region which he represented and defended with an undying passion till the end.”

NPSG: His Exit is Painful

The Nigeria Political Summit Group (NPSG) has lamented the demise of Ambassador Yusuf Maitama Sule as a loss too much for the country at a time when Nigeria needed the elder stastesman’s experience and oratory intervention most. In a statement in Lagos yesterday, the Coordinating Secretary of NPSG, Olawale Okunniyi, who is also the National Secretary of the Nigeria Consensus Group of the Project Nigeria Movement, a body in which the late sage played active leadership role with Prof Ben Nwabueze, SAN and others, lamented the transistion as coming at a time, when contending forces in Nigeria, would require the wealth of experience, clout and enigmatic intervention of the Danmasanin of Kano to contain the exacerbated ethnic and religious acrimony in Nigeria “The NPSG is strongly shattered by the sudden demise of Baba Maitama Sule at this crucial time in the life of Nigeria, when we had planned to explore his wealth of experience to douse the heightening ethnic tension in the country. “The country shall indeed miss this great ideologue with immense oratory profile, who has acquired a towering fatherly stature to engage and quieten the current political conflagration in Nigeria,” Okunniyi stated.

T H I S D AY ˾ TUESDAY JULY 4, 2017

TUESDAYSPORTS

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

Aruna Quadri Qualifies for ITTF World Cup Oshodi hails the champion for his consistency Duro Ikhazuagbe Aruna Quadri defeated Omar Assar of Egypt 4-3 at the 2017 ITTF Africa Cup to book a place in the ITTF World Cup in France yesterday. Although the victory was not the first time the Nigerian star had the better of the top African player, Aruna achieved that feat in Morocco without a coach to guide his game. Before the clash with Assar in the men’s singles final, Aruna defeated another Egyptian Mohamed El-Beiali 4-0 in the semi final. The 2014 ITTF Star Player showed his maturity and experience throughout the encounter even when Assar was leading, he never gave up but continued to fight. Table tennis fans that witnessed the clash described the final as a good showcase of Africa as both players played their hearts out. Speaking after the final, an obviously elated Aruna said he believes luck was in his favour as his opponent also played well. “I am so happy and I think luck was in my favour and I look forward to play in the ITTF World Cup later this year in France,” Quadri said. In the women’s singles final, Olufunke Oshonaike surrendered to Egypt’s Dina

Meshref as the Nigerian champion lost 4-0. Quadri and Meshref will represent Africa at this ITTF World Cups later in the year. Speaking on Aruna’s victory over Assar in Morocco, immediate past President of the Nigerian Table Tennis Federation, (NTTF), Wahid Enitan Oshodi, told THISDAY that it was a good one for the Nigerian champion, most especially as it was achieved in a north African city. “That was a good one for Aruna Quadri, coming especially against an experienced player like Egypt’s Assar. Aruna had no coach to support him in that final. I know the training regime Aruna has been going through and his determination to continue to be the pride of Nigeria in table tennis,” observed Oshodi. The former Lagos State Sports Commissioner believes that the qualification of Aruna for the ITTF World Cup couldn’t have come at a better time when Nigeria ought to be preparing for the 2018 Commonwealth Games in Gold Coast in Australia. “As a bronze medalist at the last Commonwealth Games in Glasgow, Scotland, it is the wish of Aruna to move a step higher at the next Games in Australia. This

VGC B’ball to Dunk off July 15 The 2nd edition of the VGC Basketball Championship has been slated to dunk off from July 15th through August 6th, 2017 at the Estate’s court in Victoria Garden City, Lagos. Host of the event, Siji Sowonola, said at the weekend that this year’s tournament would surpass the successes recorded in the maiden edition in all ramification. This time five teams would be competing over four-week period to determine this year’s winner. A successful draft for team selection was held on Saturday,June 24 led by the captains of the teams involved in

the championship. They include; Dipo Adediran, Peter Adebayo, Efa Owizo, Siji Sowonola and John Itsukwi. The Commissioner of the championship, Gerald Solomon, has asked players participating in the competition to make the event a fun-filled and interesting one in the spirit of respect, brotherly-love and friendship. The event is supported by; SPAR, Fine Gentlemen’s Shoes and Efficacy Construction Company. He also thanked the EXCOs of VGC led by Segun Ladega and the management team led by Vaughan Edwards for their continued support.

Mapwanya Wins B&E Golf Tournament Olawale Ajimotokan in Abuja

Visitor Mapwanya’s wire-to-wire lead at the weekend secured him a two-shot victory at the B& E Tournament in Abuja. The Zimbabwean, who started the final round with three shots lead, held off the challenge of the field of 42 players to win with four over par after 72 holes. He secured the cash prize of $8,000 attached to the tournament listed on the West African Golf Tour. Pristhy Nji of Cameroon who shot a final round 73, shared the second position with Ghana’s Vincent Torgah. Nigeria’s Gift Willy finished in fifth position after he conjured a final round 74. A triple bogey

at the 15th, rocked the late charge by the Port Harcourtbased player. The best round of the day however was eked by Desire Ebela. The Cameroonian shot 2 a under par 70 which lifted him up the leaderboard by five spots for the 6th position. The winning purse is the richest prize on the West Africa Golf Tour. The winner of the Category 1 amateur of the B & E tournament, Barry - White Gureteh finished in a very credible 15th position. The tournament was sponsored by IMANUE Easyklean and iCUBEFARM. com.

Aruna Quadri (right) shortly after defeating Omar Assar of Egypt at the ITTF African Cup in Morocco... yesterday qualification for the World Cup is one step ahead to prepare him for the gold medal,” stressed Oshodi who is vice president of the

African table tennis body. However, the only fears in sports circle now is if paucity of funds is not likely to stop Nigerian

Pinnick Inaugurates AITEO Cup Committee NFF President Amaju Pinnick yesterday inaugurated the committee that will organise the first edition of the AITEO Cup Competition (formerly Federation Cup) for men and women. While inaugurating the 11-member Committee, headed by NFF 1st Vice President/ Chairman of Organising Committee, Seyi Akinwunmi, Pinnick insisted that the Committee’s membership was strategically drawn based on the core services of the two competitions. NFF 2nd VP/LMC Chairman, Shehu Dikko, is vice chairman, with NFF Executive Committee members

Ibrahim Musa Gusau, Suleiman Yahaya-Kwande, Ahmed Yusuf Fresh, Sharif Rabiu Inuwa and Ms Aisha Falode as members. NFF General Secretary, Dr. Mohammed Sanusi is the Secretary. Other members are Mr. Andrew Onyearu (Group Executive Director/Chief Legal Counsel of AITEO), Mr. Ndiana-Abasi Matthew (Senior Manager, Corporate Communications of AITEO) and A. U. Mustapha (SAN). The NFF President charged the Committee to be fully focused on delivering a competition that the Nigerian Football fraternity and sponsors AITEO would be proud of.

athletes from participating at the Games in Australia next year. The appropriation made for the sports sector in the 2017 budget is barely

N7billion out of which NFF’s proposed budget for the 2018 World Cup qualification and participation is in the region of N6billion.

WIMBLEDON 2017

Murray Begins Defence with Win Britain’s Andy Murray began the defence of his Wimbledon title with a straight-set win over Kazakhstan’s Alexander Bublik on Centre Court. The Scot won 6-1 6-4 6-2, despite a hip injury which disrupted his build-up. Also yesterday, Rafael Nadal’s bid for a third Wimbledon title began with a straightforward win over John Millman to reach the second round. The Spanish world number two, winner at the All England Club in 2008 and 2010, won

6-1 6-3 6-2. Murray, the world number one, hit 29 winners and maintained his form either side of a rain break in the third set to win in one hour and 44 minutes. The 30-year-old will face Germany’s Dustin Brown - the man who beat Rafael Nadal in 2015 - in round two. Murray is trying to match fellow Briton Fred Perry as a three-time singles champion and claim his fourth Grand Slam title.

Winning Start for Orbih’s Badminton Board An unranked Nigeria’s Anuoluwapo Juwon Opeyori has won this year’s men’s singles event of the Côte d’ Ivoire International Badminton Tournament which ended in Abidjan at the weekend. He was the best among 65 players from 11 countries across the world that participated at the event. The allure of Nigeria’s performance was that there were three Nigerians among the four on the podium for the Men’s singles title. Not just that it was almost a

clean sweep by Nigeria in the Mixed Doubles Event. The pair of Enejoh Abah and Peace Orji defeated another Nigerian pair of Gideon Babalola and Uchechukwu Ukeh 21-18; 21-18 thus making Nigeria to win gold and silver medals. Another Nigerian pair of Jafar Salih Umar and Zainab Momoh won the bronze medal along with Ghana’s Emmanuel Yaw Donkor and Stella Kote Amasah. In all, the Nigerian contingent won two gold, two silver and four bronze

medals. In the men’s singles title, Nigeria’s Opeyori beat Jordanian Bahaedeen Ahmad Alshannik 21-18; 21-16 in the keenly contested final duel to give the Francis Orbih’s board of the Badminton Federation of Nigeria (BFN), a winning start. When it was becoming a near impossibility for Nigeria to send a team, Francis Orbih, the BFN president-elect had to swing into action and successfully got sponsorship package from the Lagos State Government to send

a 25-man Nigerian team to the tournament. An elated Orbih told Sports Village Square that he could not wait to be sworn in before swinging into action as he had promised to raise the standard of badminton during his tenure. He along with his board members and the boards of other sports federations will be sworn on July 20 in Abuja. “I am really grateful to Governor Ambode for his magnanimity in sponsoring the team despite a very short notice given to him,” he said.

T H I S D AY TUESDAY JULY 4, 2017

Tuesday July 4, 2017

UT H

& RE A S O

Price: N250

MISSILE Ortom to Herdsmen

“People must embrace ranching because it is the modern way of rearing cattle globally. I don’t think Nigerians would want to be living in the ‘40s when we are 2017. I have given a transition period between now and November to allow people ranch their cattle” – Benue state governor Samuel Ortom issuing an ultimatum to herders to either embrace ranching or quit the state.

TUESDAY WITH REUBENABATI abati1990@gmail.com

The Nnamdi Kanu Phenomenon T

he most discussed subject in Nigeria today is what is called “restructuring” and indeed so popular is this subject that it has attracted the attention of roadside commentators, the bright, the not-so-bright, the mischievous and the outrightly unintelligent all united by the singular claim that Nigeria belongs to all of us and we all have a right to determine its future. The last person who brought up this subject with me is a mechanic in Abeokuta! He had heard about Biafra, the Arewa youths, the President’s absence, Professor Osinbajo, Nnamdi Kanu, what Igbo leaders, Northern leaders and Yoruba leaders have said about restructuring and he wanted a conversation. That’s how democracy works, not so? The inclusiveness is actually very good for us… But the point I have always made stands proven: that Nigeria remains an unanswered question, more than a century after the amalgamation of 1914. Before and after independence, virtually every government has had to deal with this same question, viz, the national question. Brought together in an unwieldy, unequal and uneven union by the British, Nigeria’s about 400 ethnic nationalities have been unable to transform into one nation, one union, a community of people and communities driven by a common purpose - to create a united, progressive nation, under the umbrella of patriotism and the common good. We have fought each other since 1950 to date, we did not even all agree on independence, and since that happened, we have been at each other’s throats. We ended up fighting a civil war, and from all indications we are at this moment, seemingly preparing for another one. The laziest excuse is that the British caused all our problems, but more than 50 years after independence it should be clear enough that we are the source of our collective agony. Other countries who were at the same level with us in 1960 have since moved on and developed into better nations despite their own internal contradictions. Nigerian leaders have perpetually lived in denial. Every step forward has resulted in our country taking two steps backwards. A combination of the big-man-syndrome, the too-know syndrome, the us-before-others-mentality, ethnic politics, sectarian politics, greed, cronyism and a terrible leadership recruitment process has turned our process of nationhood into an unending struggle. Today, fewer Nigerians believe in the idea of Nigeria. In 1977/78, the Constituent Assembly whose deliberations resulted in the 1979 Constitution almost ended with fisticuffs. The 2005 National Political Reforms Conference did not fare better either, as the Niger Delta conferees staged a walk-out and the politics of Third Term or no Third Term sabotaged the entire process. In 2014, the outcomes of yet another National Conference could not be followed through because a succeeding administration declared it would not even look at the report. At every stage when it looks as if this country is faced with an opportunity to address the national question, certain interest groups erect the roadblocks of denial and wishful thinking. No country can live perpetually in denial. This is the message

Kanu

of former Yugoslavia and the Soviet Union and their disintegration. As for the military, they merely worsened Nigerian politics. Fifty years after the outbreak of the civil war, we now have a man called Nnamdi Kanu. He may well end up as Nigeria’s nemesis. He is the most frightening product of our many years and acts of denial and he may well throw the country into a nightmare worse than Boko Haram, if care is not taken. He started out as the leader of a group called the Indigenous People of Biafra and as director of Radio Biafra. He and those who bought into his rhetoric of secession and the renewal of the Biafra dream organised protests across the world, and they looked, from afar, like a group of disgruntled Nigerians in the diaspora. In the foreign lands where most of the members lived, they looked like persons over-enjoying the freedom of speech from a safe distance. They didn’t appear to have the force of MASSOB, which is locally based and seemingly more malleable. The renewed struggle for Biafra that Kanu and his crowd talked about could have been nothing more than an internet and television revolution. But everything went wrong the moment Nnamdi Kanu chose to visit home and he was arrested, detained and taken through a court trial. Whoever ordered Nnamdi Kanu’s arrest and prosecution did this country a bad turn. Kanu is a character that could have been better ignored. His trial and travails have turned him into a hero and a living martyr among Igbos. And the young man so far, understands the game. Since he was released on bail, he has been taunting the Nigerian state and government. Daily, he dares those who granted him bail and he laughs at the conditions they gave him. He associates with more than 10 persons. He moves about Igboland freely, like a spirit. He addresses rallies and grants interviews. He has been busy issuing statements. On May 30, he ordered a shut-down of the entire South Eastern region and that order was obeyed not only in the South East but also in parts of the South-South, and Abuja. Nnamdi Kanu who probably barely struggled

to survive as a black man in Europe has been turned by the Nigerian Government into a credible apostle of a resurgent Biafran revolution. The other day when he held a meeting in Umuahia, over 5,000 persons trooped to his compound. Kanu is a master of symbolism. He is exploiting the Jewish symbol: to signal to the world that Igbos are being persecuted. He visits symbolic sites of the civil war to prick the injured part of the Igbo consciousness and mobilise the people. His pre-eminence is a comment on the quality of the state and its strategic intelligence system. If he succeeds with his threats, we should know those to blame. A few days ago, someone on social media further compared him to Jesus Christ and described him as the true saviour. Every revolutionary in history graduates from ordinariness to being messianic, propelled by opiumized endorsement. Nnamdi Kanu is certainly capable of doing more damage to the system than the MASSOB, OPC, and such other groups, and should he push things further, he could ignite a crisis worse than Boko Haram. My gut feeling is that some people in certain places are beginning to realize this and that is why Nnamdi Kanu out of detention appears untouchable; it is the reason he is able to dare the state and ridicule his bail conditions. The lesson here is obvious enough: the brazen use of force and intimidation to deal with certain situations could create really bad unintended consequences. The Federal Government under Acting President Yemi Osinbajo has been holding meetings with key stakeholders within the Federation. The consultations are in order, but the Acting President is yet to talk to the right people. He is talking to people who carry their international passports in their pockets because they don’t know what tomorrow promises in Nigeria. He is consulting persons whose family members are mostly one-leg-in-one-leg-out Nigerians; many of them, in fact, have dual nationality. Nigeria is their trading post, the place where they make the money they and their children spend in Dubai, UK and wherever. The people the Federal Government should be talking to are the angry Igbo youths who now kneel down to greet Nnamdi Kanu and call him their god, the Arewa youths who have told the Igbos to get out of Nigeria and get away, and who have called the Yoruba names while further insisting that they are not afraid of the Nigerian government arresting them. The people to talk to are the leaders of the various other groups who are taking sides. Leaders of the Middle Belt and the South South are holding talks; some Yorubas are planning to hold theirs this week in Ibadan. Draw the map of the emerging rhetoric in Nigeria today; what you have is a divided country. The scenario is so painfully reminiscent of the early 60s. Every Nigerian leader since the civil war has boasted that he would not preside over the dismemberment of Nigeria. Some of those leaders have suddenly started saying restructuring is the answer, how nice!- the same restructuring they never wanted and that they didn’t want as at 2015. Crisis management is an important part of nation-building. We have failed to manage most of the crises that have befallen our nation, on a

sustainable basis, and that is why every proverbial snake that is killed suddenly resurrects. It is the reason we have produced a country where the population of the aggrieved appears to be growing daily. It is the reason Nnamdi Kanu and his followers have become the fish-bone in the throat of government. As things stand, there is no stronger voice in Igboland today than that of Nnamdi Kanu. The Igbo elites and the self-styled political leaders of the East know that Kanu is more influential than all of them put together. How many among them can command a willing crowd of 5, 000 to their doorsteps? The politicians hire crowds, but the crowds go to Kanu and obey him. With the kind of influence he wields, Kanu is in a position to dictate the political future of the South East. The same political leaders who posed for photographs at the Aso Villa will go to him at night and beg him to support their candidates if future elections held in that region. They will condemn Kanu during the day, but lick his boots at night. The ancillary challenge, however, is the worsening trend of ethnic polarization with regards to the control of power at the centre. I describe this as the conflict between the na-my-brother-dey-there syndrome and the no-be-my-brother reactive tendency. It used to be the case in this country up till the time President Olusegun Obasanjo left in 2007, that whoever held power in Abuja was openly and strongly supported by other Nigerians, regardless of ethnicity or religion. Obasanjo got more support from outside Yorubaland, and probably felt more reassured by persons from outside his own ethnic group and religion. With the death of President Yar’Adua in office, ethnicity, a long-standing threat to Nigerian unity became more potent. The Boko Haram, with its base in the Northern part of the country gave the succeeding Jonathan administration hell. With the emergence of President Muhammadu Buhari in 2015, the same Boko Haram suddenly became tame. Curiously, the militants of the South East and the South South, who had been significantly quiet during the Jonathan years, also became more vocal and calls for secession became more strident the moment their kinsman and in-law left office. By the same token, the conflict between pastoralists and farmers, an old problem, became worse, with the former asserting themselves more arrogantly for no reason other than that they are sure of better protection under a central government controlled by the North. Our point: Nigeria’s stability should not be so dependent on the whims and caprices of ethnic gladiators. No Nigerian President should be at the mercy of ethnic or religious politics, now or in the future. The debate about restructuring and renegotiations is therefore useful and most relevant. It is indeed urgent if we must take the wind out of the sail of the secessionists and nihilists. Those who have always blocked or hijacked the people’s conference must by now realize that we are close to “the point of no return” on a review and rephrasing of the Nigerian question, in order to make every Nigerian feel a part of the Nigerian project. The alternative in all possible shapes appears ominous.

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