Tuesday 11th July 2017 by THISDAY Newspapers Ltd

Etisalat Group Confirms Withdrawal from the Country Gives Nigerian telco three weeks to phase out brand, remains silent on loan repayment EMTS: Discussions ongoing on continued use of Etisalat brand

Emma Okonji with agency report In

confirmation

its

withdrawal from Nigeria, the Abu Dhabi-based Etisalat Group announced yesterday that it had terminated its

management agreement with its Nigerian arm and gave Etisalat Nigeria three weeks to phase out the brand in

the country. The decision of the Abu Dhabi-owned network operator, which once held

a 45 per cent stake in Etisalat Nigeria and 25 per cent of its preference shares, arose after its $1.2 billion loan talks

with 13 Nigerian banks collapsed. Continued on page 8

After S’Court Victory, Obaseki Pledges to Work Harder…

Page 8

Tuesday 11 July, 2017 Vol 22. No 8118. Price: N250

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UT H

& RE A S O

Aisha Buhari: Hyenas, Jackals Will Soon Be Evicted from My Husband’s Kingdom

Tobi Soniyi

In a statement certain to raise eyebrows, President Muhammadu Buhari’s wife, Aisha, has promised that the

“hyenas and jackals” will soon be evicted from the proverbial kingdom headed by her husband. Mrs. Buhari, who has never shied away from controversy

and in a BBC interview last year had alluded to a cabal in the presidency that was influencing her husband, stated this in a Facebook post yesterday, in response

to a post by the Senator representing Kaduna Central in the National Assembly, Senator Shehu Sani who had lamented that prayers for the “Lion King” had waned due

to his prolonged absence. But in her response, which shed more light on the power play at the Presidential Villa, following Buhari’s illness and absence

from the country since May 7, his wife said God had answered the prayers of the weaker animals. Continued on page 8

Osinbajo Meets Saraki, Dogara over Executive-N’Assembly Dispute

Ministers assigned to lobby legislature, lawmakers spoil for showdown Olawale Olaleye For the second time in one week, Acting President Yemi Osinbajo on Sunday night met with the two heads of the National Assembly, with a view to resolving the lingering disagreement between the executive and the legislature. Osinbajo, who met with Senate President Bukola Saraki and Speaker of the House of Representatives, Hon. Yakubu Dogara, sources said, has also detailed about four ministers to lobby the National Assembly and find a meeting point on some of the issues that have led to the

discord between both arms of government. The meetings, sources in the presidency hinted, may have become compelling, as the lawmakers were said to be spoiling for a showdown with the executive over their differences, ranging from the disagreement over the retention of the acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, despite his rejection by the Senate, to the alterations made to the 2017 budget by the National Assembly. Continued on page 9

Oil Price Rises to $47 as Producers Weigh Libya, Nigeria Output Caps… Page 12

L-R: Anambra State Governor, Chief Willie Obiano; Chairman/CEO, Stanel Group, Mr. Stanley Uzochukwu; and Senator Andy Uba, during the opening of Stanel World ultra modern filling station in Awka, Anambra State… recently

T H I S D AY TUESDAY JULY 11, 2017

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T H I S D AY TUESDAY JULY 11, 2017

TUESDAY, july 11, 2017 • T H I S D AY

PAGE EIGHT

After S’Court Victory, Obaseki Pledges to Work Harder Ize-Iyamu accepts verdict, congratulates governor Tobi Soniyi in Lagos, Adibe Emenyonu in Benin and Alex Enumah in Abuja Edo State governor, Godwin Obaseki has pledged to double his efforts to develop his state now that the litigation over whether he won the state’s governorship election or not is over. Welcoming the Supreme Court judgment yesterday, which upheld his election, the governor who spoke in Lagos said the court’s decision had validated his position that the election that produced him was free and fair. Obaseki, who said the Peoples Democratic Party’s candidate in the election, Mr. Ize-Iyamu had called to congratulate him, extended the olive branch to his major rival in the election to join hands with him in the interest of the people of Edo State. The governor also pledged not to discriminate against anyone regardless of political or religious affiliations. He said: “While we were in court, we were busy constructing the road that leads to Ize-Iyamu’s house. We pledged to work for all

the people of Edo State. We will not discriminate.” He said the Supreme Court’s judgment had invariably validated the perfection of the triumph of the will of the people and established the masses as the true and ultimate power of the nation’s evolving democracy. He expressed the hope that the verdict by the Supreme Court, which was the last and final judicial authority of the land, would give the opposition some closure and “enable you put an end to your quest and help you to come around and join hands with me to continue the building of our dear state which I actually started about eight months ago”. He said: “Last month, precisely on the 10th of June and earlier on Friday the 14th of April, 2017, the Appeal Court and the election petitions tribunal, respectively gave verdicts which mirrored this one given today by the Supreme Court, confirming that truth indeed is immutable. “These serial victories at the polls and the various courts have undoubtedly given me and the good

people of Edo state joy, but it should also teach us a vital lesson that at all times, no matter the severity of the odds, we must stand on the side of fidelity, honesty and truth.” He commended the people of the state and his predecessor, Adams Oshiomhole for standing by him during the election and while the cases lasted in courts. He also thanked President Muhammadu Buhari, whom he said had been “immovable in his support, wise in his counsel and showed firm commitment to democracy and good governance”. He also said he was grateful to the acting president, Prof. Yemi Osinbajo, for his wisdom, encouragement, relentless support and skillful leadership. “The leadership of our great party, the APC, under Chief John Odigie Oyegun, remained an uncompromising pillar, keeping our party focused, passionate and effectively mobilised,” he added. In his congratulatory message, Ize-Iyamu noted

that the Supreme Court ruling had brought to an end his struggle and that of his party for the office of the governor of Edo State. In a message personally signed by him and made available to journalists through the state PDP Publicity Secretary, Chris Nehiare, Ize-Iyamu, while thanking God for giving him the opportunity to seek the highest office in Edo State, also thanked his numerous followers who had been part of the struggle. According to him, “Today, the Supreme Court has by its judgment brought to an end our struggle for the office of the governor of Edo State which began on 28 September 2016. “I accept in good faith this decision of the highest court of our country, which affirms Mr. Godwin Obaseki as the governor of Edo State. I, therefore, congratulate Mr. Godwin Obaseki and assure him of my goodwill. “I also want to use this opportunity to thank all our supporters and party men and women for their immense support, for our struggle right from the time of the election to this day

that ended at the Supreme Court. “Let me assure them of my acknowledgement of their various sacrifices and promise that I will always be there for them. “I thank all Edo people who have been part of our struggle all the way. In our various ways, we should keep the fire burning in the quest for an Edo State of our dreams. “Finally, I thank God for His grace that gave me the opportunity to seek the office. To Him be all honour and Glory. God bless Edo State,” he said. The Supreme Court yesterday upheld the election of Obaseki as the governor of Edo State. The court upheld the election in an appeal brought by Ize-Iyamu, challenging the decision of the Appeal Court, which had earlier upheld the election of Obaseki. The panel of seven justices led by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, in dismissing the suit for lacking in merit, however, reserved July 21 to give its reasons for dismissing the appeal.

Ize-Iyamu had approached the Supreme Court to upturn the decision of the Appeal Court in Benin, Edo State, that upheld the decision of the Edo State Election Petition Tribunal which had affirmed the election of Obaseki. When the matter came up yesterday, Yussuf Alli (SAN), counsel to the appellant, after adopting his brief, had urged the court to allow the appeal and grant the prayers of his client. But counsel to the respondents, after adopting their respective briefs, urged the court to dismiss the suit. Following the adoption of briefs by counsel, the panel then stood down the case for an hour to enable the court to take a decision on the matter. When the court reconvened, the CJN directed a member of the panel, Justice John Okoro to deliver the judgment. Delivering judgment, Justice Okoro held that the appeal lacked merit and dismissed it with no cost attached. He also fixed July 24 to give reasons for the judgment.

AISHA BUHARI: HYENAS, JACKALS WILL SOON BE EVICTED FROM MY HUSBAND’S KINGDOM Senator Sani’s post had read: “Prayer for the absent Lion King has waned; until he’s back then they will fall over each other to be on the front row of the palace temple. Now the hyenas and the jackals are scheming and talking to each other in whispered (tones); still doubting whether the Lion King will be back or not.

“Now the Lion King is asleep and no other dare (sic) to confirm if he will wake up or not. Its (sic) the wish of the hyenas that the Lion King never wakes up or come (sic) back so that they can be kings. Its (sic) the prayers of the weak animals that the Lion King comes back to save the kingdom from the Hyenas, the wolves and

other predators.” But in her response to the senator’s post, Mrs. Buhari said: “God has answered the prayers of the weaker Animals. The hyenas and the jackals will soon be sent out of the kingdom. We strongly believe in the prayers and support of the weaker animals. Long live the weaker animals, long live Nigeria.”

Her response attracted hundreds of comments from her followers on Facebook, most of them wishing her husband quick recovery. Mrs. Buhari had returned to the UK last week to see her husband, after an earlier trip last month, following which Ekiti State governor, Ayodele Fayose had claimed that she was

not allowed to see the president by the alleged cabal around him. Upon her return to Nigeria at the time, she had said Buhari was recovering and had expressed his appreciation to Nigerians praying for him. It is uncertain if her response to Senator Sani was a pointer to the president’s impending

return to the country, or if it was a sign that he was recovering from his illness. Buhari left the country 63 days ago for the United Kingdom to get treatment for an undisclosed illness. Unlike his earlier trip this year, when he spent 50 days in the UK, he has neither been seen nor heard from since his departure.

right for a change in brand identity. Although he said no date had been fixed to announce the new brand, he informed THISDAY that it would be made public before the expiration of the three weeks given by Etisalat Group. However, EMTS, trading as Etisalat Nigeria, said in a statement last night that it was aware of news reports regarding Etisalat Group’s withdrawal of the right to the continued use of the Etisalat brand in Nigeria by EMTS. According to a statement signed by Dikko, EMTS has a valid and subsisting agreement with the Etisalat Group, which entitles EMTS to use the Etisalat brand, notwithstanding the recent changes within the company. "Indeed, discussions are ongoing between EMTS and Etisalat Group pertaining to the continued use of the brand, and EMTS will issue a formal statement once discussions are concluded. "The final outcome on

the use of the brand in no way affects the operations of the business as our full range of services remain available to our customers," he said. He added that EMTS launched in Nigeria in 2008 with '0809ja' to affirm the “Nigerianness of our origin and sphere of influence. In our nine years of operation, we have remained a prime driver and avid supporter of the Nigerian spirit of excellence, and we will continue to stay true to our 'Naijacentric identity'." "This notion is strongly reflected in our core messages and depicted in major projects and initiatives which we have been known to support. All these initiatives have their foundation embedded in supporting key aspects of the Nigerian fabric: building Nigerian businesses and empowering Nigerian’s with a focus on the youth. "Nigeria remains the soul of EMTS’ business and we have made the brand alluring to our teeming subscribers who

see a piece of the spirit and character of Nigeria in everything we do. "EMTS is here to stay and we wish to assure our esteemed customers that our core values of youthfulness, customercentricity and innovation will remain the pillars on which we operate. We thank our esteemed customers for their abiding faith in us," he said.

ETISALAT GROUP CONFIRMS WITHDRAWAL FROM THE COUNTRY Chief executive of Etisalat International, Hatem Dowidar said yesterday that there was no need for the brand in Nigeria after the collapse of the loan talks. However, he was silent on the loan repayment to the Nigerian lenders. Nigerian regulators had intervened last week to save Etisalat Nigeria from collapse after talks with its lenders to renegotiate a $1.2 billion loan had failed. However, Etisalat Nigeria, in a statement issued three weeks ago, had claimed that it had repaid 42 per cent of the loan, leaving an outstanding $574 million. “As at today, we can categorically state that the outstanding loan sum to the consortium (of banks) stands at $227m and N113bn, a total of about $574m if the naira portion is converted to U.S. Dollars. This, in essence, means almost half of the original loan of $1.2bn, has been repaid. “Etisalat continued to service the loan up

until February 2017, when discussions with the banks regarding the repayment restructuring commenced,” Ibrahim Dikko, vice-president, Regulatory & Corporate Affairs of Etisalat Nigeria had said. However, Etisalat Group announced yesterday that it was pulling out, as all UAE shareholders of the company had exited and left the board and management of the Nigerian brand, reported Reuters. Dowidar said discussions were ongoing with Etisalat Nigeria to provide technical support, adding that it could use the brand for another three weeks before phasing it out. Nothing was said about how this will affect the network and its integrity as million of Nigerians are subscribed to the network. In June, the Nigerian Communications Commission (NCC) had assured the public that the network’s integrity would not be compromised amid the loan disagreements.

Accordingly, the NCC in conjunction with the Central Bank of Nigeria (CBN) had mediated by holding several meetings with the banks, Etisalat and other stakeholders to find a solution. Following the intervention, Etisalat announced an interim board of directors to be chaired by Dr. Joseph Nnanna, a deputy governor of the CBN. Reacting to Etisalat Group’s statement yesterday, a source close to Etisalat Nigeria said the ultimatum was not unusual since its management had known that they would have to change the brand identity, following the withdrawal of the Abu-Dhabi-based parent company from its Nigerian subsidiary. According to the source, the Nigerian investors in Etisalat Nigeria, represented by Emerging Markets Te l e c o m m u n i c a t i o n s Services (EMTS) hold just a 15 per cent stake in the business, so it was only

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T H I S D AY • TUESDAY, JULY 11, 2017

PAGE NINE

Cabal in Dilemma over Buhari’s Fate, Fayose Alleges Ndume: President is not incapacitated Michael Olugbode in Abuja and Victor Ogunje in Ado Ekiti Ekiti State governor, Ayodele Fayose has alleged that the All Progressives Congress (APC) and the “cabal” in the presidency are in a dilemma as to whether to bring President Muhammadu Buhari back to the country with his present condition or leave him in London. He also alleged that the president had become bad business for the cabal that imposed him on Nigerians. Fayose, who in a statement yesterday from his media aide, Mr. Lere Olayinka, insisted that Nigerians must be told the truth about the president’s health, further recalled: “I told Nigerians then that President Buhari was a black market packaged by the APC cabal that was only interested in seizing power by whatever means and now, I have been vindicated.” He added: “For a president who has spent 113 days abroad taking care of his health out of the 191 days in 2017, it is time for Section 144 of the 1999 Constitution of the Federal Republic of Nigeria to be invoked. “President Buhari left Nigeria for London on May 7, 2017, and today is July 10, 2017, 64 clears days since Nigerians saw their president or heard anything from him. Even the president’s handlers are keeping Nigerians in the dark.

“Even though the number of days that a president can spend outside the country is not specified in the 1999 Constitution, the makers of the laws of Nigeria envisaged this kind of situation and made provisions for how to resolve it in Section 144. “It has, therefore, become pertinent that the Federal Executive Council (FEC) must invoke Section 144 of the 1999 Constitution by passing a resolution declaring that President Buhari is incapable of discharging the functions of his office,” Fayose stated. Fayose, who insisted that he was not interested in the president’s death, said freeing Nigeria from the hands of those who are currently holding the country to ransom should be the major concern of all well-meaning Nigerians. “They are always quick to tell Nigerians that there is an acting president in the person of Prof. Yemi Osinbajo and as such, no vacuum in government. However, we all know the limitations of the acting president. “We know that there are so many things Prof. Osinbajo cannot do and Nigerians are the ones bearing the consequences of a bedridden president,” the Ekiti governor lamented. However, former Senate Majority Leader, Mohammed Ndume dispelled the notion that the president was incapacitated, assuring Nigerians that Buhari, though still ill,

was still alert. He said information linked to the president had shown that he was still aware of what was going on around him and has been in constant touch with the acting president to offer advice on governance. Speaking to journalists in Maiduguri Sunday evening, Ndume who is currently serving out his suspension from the Senate, said the call to make the president’s health status public was not right, as it is a security issue. He said the only thing missing at the presidency was Buhari as a person but the country had not ceased from being governed. He said what the president requires are the prayers of all Nigerians, not the clamour in some quarters for him to resign. Ndume argued that since there was no evidence indicating that the president was incapacitated, he had no timeframe as to how much longer Buhari would remain abroad, but Nigerians should take solace in the fact that the country was not at a standstill. He said: “Most Nigerians are ignorant that the medical vacation of an executive (president or governor) as provided in the Nigerian constitution has no limit. He said: “What the constitution requires is for the president to write to the Senate and House of Representatives, which he did and asked the vice

Buhari

president to act as president which is in order. “The vice president is acting as president successfully in consultation with the president. Everybody knows that the acting president has been consulting the president, or in contact with the president as he acts as president. “Hence there are things the acting president will do without asking anybody and there are things he will do after consultation with the president which is normal and democratic.” He stressed that what Buhari needs from Nigerians are their prayers and not bad wishes or

insults for ruling and saving Nigeria from collapse and destruction. “Nigeria was in bad shape and almost on the verge of collapse when President Buhari took over the mantle of leadership of the country. “All he deserves are prayers, not curses from Nigerians. I am surprised and worried to hear Nigerians wishing the death for their president, instead of being grateful and prayerful. “Other presidents in the U.S., Germany, Britain and other developed countries of the world that we claim we are copying their democracies, ruled their

countries in illness and incapacitation but still nobody in their countries complained in the manner Nigerians are doing about their president. “Whether Buhari is in Nigeria or not, government will continue and Buhari is only a person, not a country, but our leader and a popularly elected president who should be regarded and respected for the good things he has done and peace he has brought to our country, not get insults or curses or bad wishes. “We are in democracy and politics is all about governance, while the leadership of the country is on course,” he said.

the matter of Mr. Lanre Gbajabiamila’s confirmation, the nominee for the post of director-general of Nigeria Lottery Commission, for when Buhari returns, he was however said to have been forced to submit his name for confirmation due to pressure from certain crucial quarters with an interest in seeing Gbajabiamila’s confirmation sail through. It was also surprising that when the Senate last Tuesday resolved not to entertain further nominations sent to it by the executive for consideration and confirmation, it was the senator representing Zamfara West, Ahmed Yerima, who moved a motion questioning Osinbajo for sending a nominee to the Senate after he had reportedly stated that the Senate did not have the power of confirmation. Yerima’s position was surprising because the Northern lawmakers were believed to have long taken a position to support the Buhari presidency whether or not it aligned with the vision of others. However, they have not extended the same support to Osinbajo, because he was

believed to be taking a lot of things for granted based on the poor counsel he was getting by some vested interests. Besides, the fact that Osinbajo was said to have confided in some senators that he did not authorise elRufai to make the statement that he made last week on Magu and his promise to issue a statement clarifying his position but failed to do so, was a pointer to the senators that he might have decided to remain resolute on the issue. The acting president, sources said, has been very worried about the unsavoury turn of things between the executive and the National Assembly, as well as the implications of the Senate going on recess without attending to critical matters that require the legislature’s approval. Accordingly, he was said to be making efforts to resolve some of the issues, but observers are waiting to see how he would turn the tide in his favour without conceding to the demands of the lawmakers, especially now that the Senate has predicated all other issues on Magu’s removal.

OSINBAJO MEETS SARAKI, DOGARA OVER EXECUTIVE-N’ASSEMBLY DISPUTE Also, the brickbat between the Minister of Power, Works and Housing, Babatunde Fashola, and the legislature in recent weeks over the changes to his ministry’s budget, have helped to heighten tensions between both arms of government. According to sources, the divide has further unified the Senate, especially the Northern caucus, which is said to be determined to push back on every attempt to demonise the Senate and disrespectfully ride on the goodwill of President Muhammadu Buhari. The attempt by Osinbajo at a détente with the Senate President and the Speaker may also not be unconnected to hints that the National Assembly was planning to go on its summer recess earlier than usual, a development that could truncate the executive’s plans and budgetary execution. For instance, there are some appointees still awaiting the confirmation of the Senate, the virement of some capital projects is also still pending, as well as the approval of the external borrowing plan being sought by the executive. Thus, if the National

Assembly proceeds on recess, it would mean that these things would have been put on hold until it resumes sometime in September, a development that could throw the spanner in the works for the executive. According to sources, while the Senate is proposing to go on recess a little later in the month, the House, which is also not happy with the executive, is said to be considering next week to start its recess. Apart from Fashola’s position over the alterations to his ministry’s budget and that of other ministries, which was said to have angered the lawmakers in both chambers of the National Assembly, other factors believed to have aggravated the crisis included the leak of details of the first meeting between Osinbajo and Saraki last week and the statement credited to the Kaduna State governor, Malam Nasir el-Rufai on Magu. El-Rufai, during the commissioning of EFCC’s office in Kaduna last week, had on behalf of the acting president said Magu would remain in office despite the insistence by the Senate that

he should be let go. It was gathered that elRufai at the event had gone beyond his brief and even embellished the statement, much to the astonishment of the presidency. Also, the manner in which some details of Osinbajo and Saraki’s meeting were leaked to the public, was said to have angered the presidency, as other interests believed to be in the camp of the acting president may have been responsible for the leak to an online news portal in order to disparage the Senate, while President Muhammadu Buhari, who ailing and is not in the country, took the bashing. Another reason the National Assembly is said to be unhappy with the acting president, THISDAY learnt, was Osinbajo’s initial position on the confirmation of political appointees, wherein he was quoted as saying that the Senate’s confirmation of a nominee was not really binding, a remark considered in bad taste, particularly against the backdrop of the controversy that dogged the rejection of Magu. But Osinbajo soon contradicted himself

when he started sending in fresh nominations for the Senate’s confirmation, while the issue of Magu’s non-confirmation was still being hotly contested. The development soon set off another confrontation, which is yet to be resolved with a lot now at stake. However, with the rising opposition within, the acting president quickly came up with the idea of detailing some ministers, including the Minister of Labour and Productivity, Dr. Chris Ngige; Minister of State for Mines and Steel Development, Hon. Bawa Bwari; and Minister of Budget and National Planning, Senator Udoma Udo Udoma, among others, to mediate with the National Assembly on behalf of the presidency. The ministers, all of whom were once members of the National Assembly at one time or the other, were deliberately handpicked to interface with the legislature and work on an amicable resolution of the current impasse between the lawmakers and the executive. Although Osinbajo was said to have initially left

TUESDAY, JULY 11, 2017• T H I S D AY

NEWS

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

Blame Executive, Not Senate for Magu’s Non-confirmation, Melaye Insists INEC pastes notice of verification on senator’s recall

Martins Ifijeh in Lagos and Yekini Jimoh in Lokoja The embattled senator representing Kogi West in the National Assembly, Dino Melaye, yesterday said rather than hold the Senate responsible for the non-confirmation of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), the executive arm of government should blame itself. He also said Magu was not confirmed by the Senate because he failed most of the questions asked during his screening for confirmation. Speaking on Arise TV, a THISDAY Newspaper sister broadcast network, Melaye said in addition to his poor performance during screening, the report by the Department of State Services (DSS) on him was too weighty to ignore. He also disclosed that since Magu became the head of EFCC,

he has lost all high profile cases under his watch, including a case against the former First Lady, Mrs. Patience Jonathan, Ekiti State Governor, Ayo Fayose, among others. According to him, “Magu came for a job interview and failed. If you go for a job interview, you have to go with a mindset to either pass or fail. And every right thinking Nigerian who watched the screening of Magu can attest that he failed the interview. “Most of the questions asked within the purview of the Senate could not be answered. Even a question was put to him concerning the constitution of EFCC, he could not answer. In one instance, he told us he had submitted a particular report to the presidency, . When we asked him to tell us about the report, he still couldn’t answer. He told us the report was not with him at the Senate, so it

will be difficult for him to respond. That’s not acceptable,” he explained. He said apart from the interview which he failed, the DSS report suggested he has integrity issue. “The DSS is to Nigeria what the CIA is to the United States. You cannot rubbish an institution like the secret service of a country. We could not wish away the report of the secret service.”

According to him, a part of the DSS report said: “It will be a calamity to the fight against President Muhammadu Buhari’s war on corruption if Magu is confirmed. So if a report as clear as that is brought to us, do you expect the National Assembly to do otherwise,” he queried. He said even while a second opportunity was presented, the DSS still upheld the first report and the position therein. “So apart from Magu’s

performance during the interview, we could not jettison the report of the DSS.” He queried why the executive was selective on what law to obey and which not to. Sighting an example, he said when the Senate rejected two candidates of the president based on DSS reports, the executive promptly replaced them, but when same was done to Magu, the executive refused to follow through. “Remember when we raised

issue about an ambassadorial nominee, the presidency replaced him. Also, when the Director General of the National Lottery Commission resumed work without confirmation by the Senate, we took a position, which made the executive to withdraw him, while the presidency apologised. He was then presented to us. So we are not in a banana republic where

Cont’d on Pg 37

Court Stops NJC from Inviting Justice Ademola over Withdrawn Petition Alex Enumah in Abuja Justice John Tsoho of the Federal High Court sitting in Abuja has ordered that the National Judicial Council (NJC) should not invite Justice Adiniyi Ademola for investigation over a petition written against him which was later withdrawn by the petitioner. Tsoho further held that Justice Ademola could not be made to prove his innocence over a petition that was voluntarily withdrawn by the petitioner. Delivering judgment in a matter of judicial review in the form of orders for declarations, prohibitions and injunctions filed by Justice Ademola, the court held that the insistence of the NJC and three others that Justice Ademola must appear was contrary to Section 36(5) and (6) of the constitution, is unconstitutional, illegal and unlawful. Justice Ademola, also of the Federal High Court, had through his counsel, Oladimeji Ekengba, dragged the NJC, Justice Umar Abdullahi, Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim before the Federal High Court, seeking a judicial review in the form of orders for declarations, prohibitions and injunctions. In his statement of claims, Justice Ademola held that a petition was written against him by one Hon. Jenkins Duvie Giane Gwede sometime in 2016, upon which he was invited through a letter dated July 25, 2016, for investigation before a three-man panel of the NJC on August 8 and 9, 2016. However, the applicant claimed that the petitioner on his volition, withdrew the petition against him on July 27, 2016, on the grounds that it was written in error and misinformation.

The withdrawal of the petition was said to have been supported with an affidavit evidence deposed to by the petitioner himself in which he clearly stated reasons for the withdrawal. However, Justice Ademola claimed that on September 26, 2016, when he appeared before the NJC panel, comprising Justice Umar Abdullahi, Justice Babatunde Adejumo and Mrs. Rakiya Ibrahim, he was asked to still prove innocence of allegations that have been withdrawn by the petitioner. Justice Ademola claimed that all entreaties to the NJC panel that there was no petition against him any longer proved abortive as the panel was said to have insisted that he must go ahead to establish his innocence. The plaintiff further claimed that his position that the NJC panel cannot turn itself into the accuser, prosecutor and judge in the matter, was also unsuccessful. He, therefore, urged the court to prohibit the NJC from inviting him for investigation in a petition that had been withdrawn on the ground that his right to fair hearing would be violated in view of the fact that the respondents cannot be the accuser, prosecutor and judge in the matter. In his judgment, Justice Tsoho agreed that the rights of the plaintiff would be violated by the respondents on the strength of the withdrawal of the petition and the filing of affidavit in support of the withdrawal by the petitioner. The judge consequently stopped the NJC and its threeman panel from taking any further action in respect of the withdrawn petition so as not to violate the right of the plaintiff to fair hearing as enshrined in Section 36 of the Constitution.

FOCUS ON THE ECONOMY

R-L: Acting President, Prof. Yemi Osinbajo, welcoming President, Dangote Groups of Companies, Alhaji Aliko Dangote; and Mr. Atedo Peterside, during a meeting with Industrial Policy and Competitiveness Advisary Council at the Presidential Villa in Abuja …yesterday GODWIN OMOIGUI.

I & E Forex Window Records $3.8bn Transactions CBN injects $142.5m into forex market

Obinna Chima with agency report The Central Bank of Nigeria (CBN) Investor and Exporters’ (I & E) currency window for investors and exporters has traded around $3.83 billion since it was established with the naira trading more strongly on the black market. The window, where buyers and sellers are free to agree on exchange rate, was introduced in April to try to attract foreign investors into the country and boost the supply of dollars. Traders said $407 million were traded last week compared with $354.8 million in the previous week, indicating a gradual return in investors’ confidence to the West African nation’s foreign exchange market. “We have seen continuous improvement in dollar inflow into the market in recent time from offshore investors and this has also reflected in the volume of transactions at the equity market,” one currency trader told Reuters. Before the window was introduced, the CBN was the main supplier of hard currency on the interbank forex market, after foreign investors fled naira assets in the wake of an oil price slump in 2014.

A CBN spokesman last month said the bank was, on average, responsible for less than 30 per cent of trading in the investor market. The window, however, has effectively introduced yet another exchange rate to the five already in operation. These include a retail rate set by licenced exchange bureaus, as well as official and black market rates. At the forex window, market regulator FMDQ OTC Securities Exchange quoted the naira at N364.56 to the dollar yesterday, compared with the N367 to the dollar in the black market. The local currency traded at about N520 to the dollar in the black market in February and at the N400 in the forex window when it opened in April, with the two rates then starting to converge. CBN Governor, Mr. Godwin Emefiele, told Arise TV at the weekend that the I & E window was opened up for more and more people who are interested. “That was why we introduced the I & E window. We said if you wanted forex, you can go to that market and buy it once it fits the pricing structure of the goods or whatever you want to do. “And that has helped to some extent in complementing the

flow of forex into the market and has resulted in the appreciation that we have seen. It is the market that determines the direction of the exchange rate,” he said. According to him, the CBN feels gratified to have seen a movement from as high as N500/$1 and converging heavily southward to its present value of about N360 to the dollar. “All we need to do is to keep monitoring the market and ensuring that if there are certain areas we need to address, we address them. By doing that, we would see more flows into the economy, which would help grow the economy,” he said. Meanwhile, the CBN yesterday continued its foray into the foreign exchange market by injecting a total of $142.5 million into the interbank. A breakdown of the intervention indicated that the bank offered the sum of $100million to dealers in the wholesale segment, while it allocated the sum of $23 million to the small and medium scale enterprises (SMEs) segment. Those requiring foreign exchange for invisibles such as tuition fees, medical payments and Basic Travel Allowance (BTA) received $19.5 million. The bank last week intervened

in the retail segment of the market with the sum of $254.3million. Confirming the latest round of forex intervention, the spokesperson of the apex bank, Isaac Okorafor, said the CBN will continue to carry out its regular mediation in the market so as to keep the market liquid and guarantee the international value of the naira in line with its mandate. While reiterating the bank’s resolve to intervene in the market based on bids received from dealers on behalf of their respective customers, Okorafor said the CBN would not relent in ensuring transparency and efficiency in the sale of forex. According to him, this commitment prompted the bank to mandate dealers to make public their forex utilisation. He therefore urged all stakeholders to continually play their roles to guarantee transparency in the market. Meanwhile, the naira maintained its stand at the Bureau de Change (BDC) segment of the forex market, exchanging at an average of N364/$1 in Lagos, Abuja and Kano respectively.

T H I S D AY TUESDAY JULY 11, 2017

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TUESDAY, JULY 11, 2017• T H I S D AY

NEWS

Oil Price Rises to $47 as Producers Weigh Libya, Nigeria Output Caps

Both countries invited to OPEC, non-OPEC committee meeting

Ejiofor Alike with agency reports Crude oil prices rose modestly yesterday but rising drilling activity in the United States and uncertainty over Libyan and Nigerian production cuts clouded the future supply outlook. The two countries have been invited to a joint meeting between OPEC and non-OPEC on July 24 in St Petersburg, Russia. Six ministers from OPEC and non-OPEC nations, including Kuwait, Venezuela, Algeria, Saudi Arabia, Russia and Oman, will meet on July 24 in St. Petersburg, Russia, to discuss the current situation in the oil market. This group, called the Joint Ministerial Monitoring Committee, could recommend expanding the pact to the wider group, which holds its next meeting in November. The ministerial talks would be preceded by a meeting of a technical committee involving all OPEC and non-OPEC members currently participating in the oil output-cutting deal. As investors weigh the likelihood and potential effectiveness of Libya and Nigeria capping production, Bloomberg reported that the possibility of

the two countries agreeing to output caps is giving investors more hope that prices may rise. The two African producers, which were exempted from supply cuts because of internal strife but are now recovering, have been invited to the July 24 meeting to discuss their production outlook, Kuwait’s Oil Minister Issam Almarzooq said in Istanbul. OPEC agreed with some non-OPEC members to curtail production until March 2018, but the move has failed to eliminate a global glut of crude oil. Libya and Nigeria may attend the July 24 joint meeting between OPEC and non-OPEC, according to Russia’s energy minister. “We have spoken to (OPEC Secretary General Mohammad) Barkindo and in the next two weeks there will be conversations with them (Libya and Nigeria) and possibly we will invite them to the technical summit,” Russian Energy Minister Alexander Novak told journalists on the sidelines of an industry conference in Istanbul. Kuwait confirmed last Sunday that Nigeria and Libya had been invited to the meeting and their production could be capped earlier than November when OPEC is

scheduled to hold formal talks, according to Bloomberg. However, Nigeria’s Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, will be unable to attend the OPEC meeting because of a previous commitment, the Kuwait Oil Minister Essam al-Marzouq told reporters on Monday. “We extended the invitation but unfortunately there is a previous commitment for the Nigerian oil

minister as I heard today,” he told reporters when asked whether Nigeria will join the committee meeting set for July 24. Marzouq, who is the chairman of the joint committee, added that Nigeria would probably be asked to join the technical committee’s meeting, which comes before the ministerial meeting, to talk about its oil production plans. Reuters reported that Libya said yesterday it was ready for talks but

Cont’d on Pg 52

added that its political, economic and humanitarian situation should be taken into account in talks on caps. US crude oil futures were yesterday up 0.7 per cent at $44.51 per barrel, while Brent crude futures rose 0.6 per cent to $47 per barrel. Brent crude prices are 17 per cent below their 2017 opening level despite strong compliance by OPEC with the production-cutting accord. Deepening output cuts already

agreed to by OPEC and partners is not on the agenda for the July 24 meeting, said Almarzouq . But OPEC’s Secretary-General, Mohammad Barkindo, said in Istanbul that it was premature to talk about that option. If Libya and Nigeria are able to stabilise their output at current levels, they will be asked to cap supply as soon as possible, Almarzouq added.

T H I S D AY TUESDAY JULY 11, 2017

COMMENT

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

WHY RESTRUCTURING IS A NECESSITY

It is the only way to give the best to the greatest number of the citizens, argues Onyema Omenuwa

ll countries of the world, where altruism is the bedrock of government, thrive on the ideal that seeks to guarantee the greatest good for the greatest number of citizens. This ideal in turn takes cognizance of the constancy of change, thus underlining the universal precept that society itself is dynamic and invariably abhors stagnation. The predominant concept in virtually every discourse today among Nigerians, featuring whether formally or otherwise, is ‘restructuring’, which got its audacious impetus from the unrelenting clamour for secession by the Nnamdi Kanu-led Indigenous People of Biafra (IPOB). There will surely not be a consensus in present Nigeria, where issues are viewed, in the main, with the aid of ethnic cum religious binoculars, on whether or not Nnamdi Kanu and his IPOB’s claim that the Muhammadu Buhari administration has institutionalised acts of marginalisation of the Southeast zone in governmental affairs is true. But one thing is for sure: Other organisations and sections of the country have joined in demonstrating that they are utterly disenchanted with the status quo political structure of the country. Though unlike IPOB, clamours from the Southwest, the Middle belt and the Niger Delta areas have not definitely been for secession, but they are clearly for a drastic or comprehensive adjustment in and of the vital structural organs that sustain the country in political terms. However, in the midst of this din, and significantly so, voices from the Northern part of the country overwhelmingly ring unmistakably, in opposition to whatever has been suggested to adjust the present structure of the country. Yet, it must be conceded to the opposition voices from the north that, at least going back memory lane to Independence in 1960, the region has remained constant on its position, not to favour or accommodate any view that proposes even a marginal tinkering of the present political arrangement. Once in a while though, a lone voice might mutter an opinion in disagreement but that, most often, may just be to humour the protagonists from the South, particularly the Southwest, which takes the eternal credit for unrelenting crusade for restructuring. Otherwise, it flies in the face of serious thinking to associate former military dictator Ibrahim Babangida, with any sincere call for restructuring, when he failed to effect it during the eight years he exercised boundless powers as maximum ruler. In like manner, the wily Nasir el- Rufai could only have been dancing to a tune that prevailed in the company he found himself, when he earlier made the same call in 2010. Today, the diminutive Kaduna State governor’s heart beats with his region’s, hence his scathing criticism of advocates of restructuring as ‘irresponsible’ and a demonstration of ‘political opportunism’. Clearly, El Rufai never really believed in what he preached seven years ago and it is understandable. In fairness to northern leaders, it will take a true statesman therefrom, and they are clearly in serious short supply, to reprogramme his psyche and sincerely want a change from a political arrangement that guarantees mainly individuals from the region plenteous benefits, without corresponding input. Yes, in the north, despite searing poverty, an ironic state of affairs that borders on obscenity thrives more than in any other part of the country, featuring a whole lot of millionaires, who attained that enviable status only on account of having, one time or the other, held public office. The emergence of such northern elite is made possible by an incongruous kind of federal structure that has enthroned mediocrity as governmental policy. Under this kind of arrangement,

RESTRUCTURING PRESENTS THE ONLY OPTION THAT WILL FINALLY LAY TO REST ALL FEELINGS OF ALIENATION AMONG MAJORITY OF THE CONSTITUENT UNITS THAT MAKE UP NIGERIA AND IN TURN ENABLE ACCELERATED NATIONAL PROGRESS WHICH HAS ELUDED THE COUNTRY FOR TOO LONG.

for instance, every Nigerian is subjected to the same qualifying examination or test for educational admission or employment. But the non-northerners will have to score at least thrice more than their counterparts from the north, to be qualified. For good measure, this peculiar kind of federalism also metaphorically guarantees abundant harvest for a man who holds cultivation in utter disdain. In this regard, at the end of every month, all the 36 states that make up the federation are assured of monetary allocation, derived almost entirely from the states whose citizens are marginalised in federal educational admissions and employments. An arrangement whose aggregate package promises and indeed safeguards rewards for indolence, to the detriment of productiveness, will understandably rile those whose efforts or environment sustain the latter. That is the Nigerian experience or experiment. The Southwest has always known this absurdity for what it is, hence their unrelenting agitation for a change of governmental structure, from as long a time as one can remember. The other parts of the country have only lately woken up to these institutionalised deprivations of every definable kind, which have been their lot in a country that should ordinarily guarantee all and sundry equal or equitable stakes. Having gathered widespread momentum, fuelled essentially by the tactless and dictatorial handling of the Nnamdi Kanu and IPOB phenomenon by the Buhari administration, the agitation for restructuring doesn’t look like it will abate soon. Certainly not, until the administration takes the bull by the horn and patriotically seizes the opportunity to address the issues that feed pure marginalisation, which is being passed off as federal system of government. For the administration, it sure won’t be a walk in the park because it will be tantamount to snatching a prey from a pride of lions. Yet, it presents the only option that will finally lay to rest all feelings of alienation among majority of the constituent units that make up Nigeria and in turn enable accelerated national progress, which has eluded the country for too long. Among other things, the restructuring that is envisaged should not be any other than the one that constitutionally provides for and indeed establishes concrete safeguards for fiscal federalism. This will have the ripple effect of seriously enhancing anti-corruption measures, by wiping out the ‘national cake’ mentality of particularly the sections of the country whose leaders have vowed never to engage in strategic thinking to generate revenue. Embezzlement or misappropriation of revenue has endured because those who indulge in it effortlessly have such revenues ‘dashed’ to them. Meanwhile, the parts of the country where the environment or the citizens suffer exploitation in the course of revenue generation remain perpetually in want because the system mandates that the revenue so generated must be shared with the indolent zones. Indeed, the assertion holds forever true that the tendency for reckless spending of money is associated more with those who never deploy efforts to make money. The northern leaders have voiced their opposition to restructuring. But the prevailing agitations can only be ignored by the government, if it can risk the consequences, which largely remain unforeseen. The northern leaders by their opposition have demonstrably given themselves out as clear beneficiaries of inequitable conditions of co-existence. Their position strengthens the reason why the agitations will rather than abate, actually intensify. Omenuwa practises Law in Abuja

THE OPTIONS BEFORE NIGERIA (2)

ast week, after perusing the likely reality of the magnitude of the catastrophe of Nigeria breaking into pieces, if we fail to sit down and negotiate its unity, we dealt effectively with the first of the three options pushed forward for evaluation. Option one, which was introduced and diagnosed last week, was appropriately named “negotiating the unity in a restructured format” and the bullet point of that recommendation was going back to status quo ante of the system of a wholesome fiscal federated system of government, created by the founding fathers of Nigeria and practised till January 1966 when the military made that destructive incursion into the polity. It was a fiscally federated system of government with four regions: North, West, East and Mid-West, all with full control of their individual resources [paying royalty to the central government], they had their own constitutions, they enjoyed their autonomies, they developed at their chosen pace while the federal constitution allowed the central government control of currency, defence and foreign policy. These were the facts of the federal government the military destroyed and gave us a dehumanising unitary system of government with terrible vices. We concluded the discussion by saying that “option one therefore is a clarion call to all meaningful Nigerians to arise in abolishing this distorted and disjointed system of government by

Godwin Etakibuebu argues that fiscal federalism has become inevitable

reverting to status quo ante, albeit fiscal federalism, as we got it from our founding fathers. This is restructuring without breaking”. The discussion is expected to progress to the next option but not without first of all identifying the reality of the damage already done to the psyche of our corporate entity. It is by identifying some of the calamities resulting from the bastardisation and jettisoning of proper federalism that we can appreciate a peaceful attempt in restructuring for continuity. Let us point just a few of such maladies. Muhammadu Buhari was elected President by majority votes across the country. If there were doubts about his acceptability from the South-East and the South-South [minus Edo State], there was no doubt at all about the South-West and all the remaining geo-political zones of the federation. Though at inauguration, PMB had alluded to a 97% of voters that he would take care of specially to the detriment of the remaining 3% [which rejected him at the polls probably] no one understood that to mean that his “chosen 97% was only Hausa/Fulani Nigerians” until he spoke to us a few days ago strictly in Hausa language. By so doing, the president had spoken to only the Hausa/Fulani population of Nigeria. This is one of the calamities in operating a distorted and disjointed federalism, which makes restructuring a necessity. Herdsmen of Fulani stock are emerging as more dangerous than the officially recognised

terrorist Boko Haram. They have pitched tents of war in every state of the federation – from the Sahara of the North to the Oceanic coast of the South. There is no state machinery of anger against them. Whenever the Nigerian state deploys troops with sophisticated weapons, it is against rustlers and not herdsmen. Nigerians have come to understand the interpretation of conspiracy of silence on the side of the federal government when herdsmen are mentioned. The herdsmen are the “anointed” in the scheme of a long drawn agenda to “conquer and subdue the infidels”. This is another malady which makes restructuring a necessity. Nepotism is the greatest contaminated instrument in the household of corruption. If President Buhari says that “we have to kill corruption before corruptions kills Nigeria” and this same PMB is caught in the web of nepotism, as it has been fully manifested more in the public sector of the country, then this administration has succeeded than any other previous government in beating the drums of separation for the country. This is another calamity which compels restructuring. Let us take a look at the Ministry of Interior for example, where the feared Lt.Gen. Abdulrahman Bello Dambazau (rtd) presides as the minister and see if we can really stop every other tribesman/ woman [apart from the Hausa/Fulani tribe] in Nigeria from weeping for motherland in view of devastative height nepotism has ascended.

All the government departments in that largest ministry are headed, not just by northerners but strictly Hausa Moslems only. Who is that man with any fear of God that would not say that this is a disaster, in a country of about 300 ethnic nationalities with over 180 million people? It is another compelling reason for restructuring. Within the last two years of President Buhari’s second coming, two more divisions of the Nigerian Army have been established and both are comfortably situated in the far North – the President’s maternal geo-political section of the country. Of course, a few days ago, the Nigerian Army had its own university established, suitably in the North/East also. This is another formidable reason why we must restructure Nigeria fast. Let us mention just one more malfunction of this federalism, otherwise there are legion reasons. Is it true that Christian Religious Study [CRK] has been taken away from the Nigerian education curriculum, leaving Islamic/Arabic Studies and French subjects alone? If the answer is yes, then there is an urgent need in restructuring Nigeria from being “their country to becoming our country”. This brings us to option two: Negotiating the unity in a restructured States/ Nation federation format. The beauty of this option is the novelty and the uniqueness around it. Etakibuebu, a veteran journalist, wrote from Lagos

T H I S D AY •TUESDAY JULY 11, 2017

EDITORIAL NIGERIA’S UNCONTROLLED POPULATION

An idle and largely illiterate population is a disaster waiting to happen

s Nigerian population continues to rise amid decay in infrastructure and social services, it is unfortunate that there are no policy measures to address a looming demographic danger. However, this year’s World Population Day, which incidentally coincided with the Family Planning Summit, provided a good opportunity for the authorities in Nigeria as well as other critical stakeholders to begin to address the dire consequences of an uncontrolled population growth. It is indeed instructive that the theme for this year’s World Population Day was “Family Planning: Empowering People, Developing Nations” with access to safe, voluntary family planning considered a human right and a key factor in reducing poverty. “Yet around the world, some 214 million women in developing countries who want to avoid pregnancy are not using safe and effective family planning methods, for reasons ranging from lack of access to information or services to lack of support from their partners or communities,” said the statement to mark A SUSTAINABLE SOCIETY today’s global event. IS THE ONE WITH “Many of those with MODERATE POPULATION an unmet demand for GROWTH THAT ENABLES contraceptives live in ITS MEMBERS TO the poorest countries ACHIEVE A HIGH QUALITY on earth”. The need for the OF LIFE IN WAYS THAT Nigerian authorities ARE ECOLOGICALLY to take population SUSTAINABLE issue more seriously was underscored by the recent release of the latest United Nations global population projection report. According to the report, Nigeria’s population is expected to surpass that of the United States by 2050. Against the background that our country cannot even boast of five per cent of the resources available to the US, the challenge of taking care of such a population can only be imagined. We understand that some people are wont to dismissing the issue of population control as mere

Letters to the Editor

Western propaganda aimed at keeping developing countries from having large population both for defence in times of war and as a future workforce. They could point to China and India as countries harvesting the “demographic dividends” of huge populations. Yet we should not fail to realise the fact that even China kept its population at bay with its one-child per couple policy until recently, while the Indian state encourages some form of family planning. In any case, an idle (and largely illiterate population) such as we breed in Nigeria today is a disaster waiting to happen.

T H I S DAY

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

BLOOD GROUP AND PRE-MARRIAGE COUNSELING

e are also not oblivious to religious practices and beliefs that frown at any talk of over population and therefore regard any suggestion that hints at birth control as heresy. But much as we do not wish to engage the nation’s two major religions on the issue of population and birth control, it is nevertheless appropriate to warn of the danger ahead. It is a simple economic fact that population growth that is not matched with commensurate development in the socio-economic sector and education for the citizenry can only breed chaos. Therefore, unless policymakers begin now to focus their attention on how to avert this ticking time bomb the consequences could be devastating and difficult to reverse. On a positive note, however, we also understand that at a time when the population of many countries in Europe and Asia is ageing, Nigeria’s young population could be a demographic advantage but only if the policymakers can design appropriate policies in that direction. There is therefore the need to invest massively in education which is critical for the future. There is also the need for development in infrastructure so as to ensure sustainable support for the bulging size of our population. For instance, clean water is a finite resource everywhere in the world and moreso in our country where access is not guaranteed for the vast majority, especially in the rural areas. All said, Nigerians need to be reminded that a sustainable society is the one with moderate population growth that enables its members to achieve a high quality of life in

re-marriage counselling is an important ritual that has become a part of the fabric of preparation for marriage. Most churches have committees specially constituted to put couples through various, sometimes, very rigorous sessions to ensure proper preparedness and readiness for the inevitable emotional, physical and also financial challenges of this school of several examinations but no graduation. As part of the routine counselling workup are several medical tests carried out to ensure physical fitness of the couple, most times with emphasis on tests for HIV and genotype. Others will include pregnancy test to make sure there are only two individuals being joined on the wedding day. Whilst the importance of the aforementioned tests cannot be overemphasised, there’s one very important test that is often overlooked in marriage counselling and it’s the one for blood grouping. There are two major blood grouping systems which are of importance; the ABO system and Rhesus system. In the ABO system, there are A, B, AB and O blood types, while that of the Rhesus system could be either positive or negative. That is why you are often told your blood group is “A positive”, “O negative,” etc. Whilst there may also be issues of compatibility with the ABO system, the greater problem lies with the Rhesus system. Now if a person’s blood type is Rhesus-positive, he or she has Rhesus factor antigens on the red blood cell membrane surface and vice versa, if a person has Rhesus-negative blood, he or she is without the Rhesus factor antigen. When a Rhesus-negative mother is impregnated by a Rhesuspositive father, it could result in either a Rhesus-positive or Rhesus

negative baby. The problem however arises when the Rhesus-negative mother is pregnant with a Rhesus-positive baby. In such a case, the baby’s blood will be perceived as foreign invaders, the way viruses or bacteria are perceived and will be attacked by the mother’s blood cells thereby harming the baby. If the mother is pregnant with her first baby, it is not as much of a concern. However, when the Rhesus-positive child is born, the mother’s body creates and builds up fighter cells waiting for any subsequent pregnancy with a Rhesus-positive baby to attack and kill it. This is, often, the reason why a woman will be losing advanced pregnancies serially and people will be blaming her for eating them up or questioning the ancestors and sacrificing to the gods of the land. Now you know! The good news is that there is an injectable drug that could be given after the delivery of the first baby and subsequent ones to avert this situation, and the last time I checked, it costs close to N40,000 and must be given within 72 hours of delivery to be effective. It’s therefore important to test intending couples for their blood group, assess their compatibility and counsel them appropriately. Better still, it’s good for unmarried ladies and gentlemen of marriageable age to know and share information concerning their blood groups with their spouses to prepare for this situation. Expectant couples who have this piece of information can commence antenatal visits to get their blood checked amongst other tests and get proper care. Those affected should start saving towards purchase of that drug as part of their preparation to welcome a their new baby. Dr.Usha Anenga, Makurdi, Benue State

CIVIL SOCIETY GROUPS AND PASSAGE OF PIGB

he social milieu today has not dramatically changed in any way, rather all the factors that led to nations being hoodwinked by capitalist deceits are here with us. Some activists and civil society groups know this to be true and seek to lead the victims to understand the dynamics of politics across a broad spectrum of reality. Politics is history in the making, history itself is the presentation of the course of a people’s struggle for daily survival. The struggle for resource control had historically been fraught with hazards. State and its agents often view every singular agitation for social and economic inclusion with suspicions and its concession as a sign of erosion of state power. The state assumes that such would often trigger a fresh round of demands and a gradual affront on monopoly of economic and political resources. Citizenship and popular empowerment are incompatible with the laissez faire capitalist globalisation with its philosophy of survival of the fittest. The wind of struggle in Africa and globally is difficult to ignore. All around the world, people are expressing increasing desire to have a say in how they are governed and equally how to have control over the natural resources under their soil. It is against this backdrop that civil society groups differ sharply on the recent passage of the PIGB. This differential perspective definitely is not far from the ideological or ethnic irredentism posture of different organisations and its promoters. In May 2017, the Senate passed the PIGB while the Federal House of Representatives is still working on the bill. Comrade Ogbu A. Ameh, Founder, Generation for Revolutionary Struggle

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

POLITICS

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

EXECUTIVE BRIEFING

Division Threatens New Anti-corruption Policy The disagreement within the executive will make the implementation of the new anti-corruption policy difficult, writes Tobi Soniyi

n the day the Federal Government’s new Anticorruption policy was approved by the Federal Executive Council, a series of events happened that may have implication for the implementation of the policy. The reaction of the Attorney General of the Federation and Minister for Justice, Malami, SAN to the Senate’s demand for the removal of the Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, shows that something was not right among those whose responsibility it is to implement the policy. For those not following this development, and for ease of reference, it suffices to quote the Honourable Attorney General’s response to a question on FEC’s position on the face-off between the National Assembly and the Executive over the latter’s decision to retain Magu after the former had rejected his nomination. “The fundamental consideration about the alleged statement is the fact that at no point ever did the Federal Executive Council sit down to arrive at the decision in one way or the other as far as the issue of nomination or otherwise is concerned. So I do not think it constitutes an issue for the Federal Executive Council to make any clarification about because it has never been considered by the FEC. So the minister of information will throw more light on the matter.” Some section of the media interpreted this to mean that FEC distanced itself from the position taken by the Acting President, Yemi Osinbajo that Magu’s appointment needed not be confirmed by the Senate to be valid. However, as rightly refuted by the learned Attorney General, that could not have been what he said. In a statement personally signed by him and issued the next day Malami said: “It has come to my notice that a number of media organisations have been distorting and mis-reporting the proceedings of yesterday’s (July 5, 2017) Federal Executive Council (FEC) press briefing, and suggesting that the Presidency ‘disowned’ the Acting President on a matter relating to a presidential nomination. “As the Chief Law Officer of the Federation, I would like to make it categorically clear that: 1. The President – and in this case the Acting President – is the Presidency, and therefore cannot be disowned by the Presidency. 2. All matters relating to Presidential Appointments and Nominations are strictly a matter for the Presidency to handle. They are not for the Federal Executive Council, and are therefore not discussed at FEC level. This was the point I made yesterday at the press briefing, and which was unfortunately distorted by the media.” This is an unnecessary digression from the main issue since, one, Malami does not speak for FEC and two, the issue was not a decision for FEC to take. Nevertheless, inside sources said that the justice minister felt let down by the way the issue of section 171 was smuggled into Magu’s appointment. A little digging into the background will explain why the minister, in our views, was entitled to feel slighted. Lagos lawyer, Mr Femi Falana, SAN was the first to say that the Presidency was not properly advised on the procedure it followed on the appointment of Magu. According to him, instead of appointing him under the EFCC Act, the president should have made the appointment under section 17I of the Constitution which, he argued would not have subjected the appointment to a confirmation by the Senate. Few days later, Osinbajo adopted the same position. The question is, whose job is it to advise the

Malami...clarified his statement

president on Magu’s appointment? Obviously, it is the AGF’s. By publicly admitting that the Presidency was not properly advised, Osinabjo, by implication, appeared to have faulted the judgment of the AGF. While Falana can be forgiven, the same can not be said of the Acting President. The AGF must certainly have an issue with that. He appeared to have expressed his frustration with the position taken by the Acting President. As at today, the AGF has not publicly endorsed the Acting President’s position that it was a mistake to have placed reliance on the EFCC Act in Magu’s appointment. No one knows for sure what the position of the nation’s Chief Law Officer is on this controversial issue. Assuming the Acting President was right in admitting that Magu should have been

Yet PACAC, the AGF and the Acting President ought to be on the same page as far as the war against corruption is concerned. The reality is that they are not and that is going to make implementing the anticorruption strategy a difficult task

appointed under section 171 of the constitution, the proper position to take is to admit that it was a collective error and then allow Malami to go to town with the correct position. Perhaps, this approach would have reduced the tension created by the issue. It is obvious that a ‘consensus ad dem’ is lacking with respect to the issue. This obviously has implication for the implementation of the new Anti-corruption Policy. There will be no unity of purpose. Implementing the policy is going to prove difficult. Magu, for no fault of his, appears to be in limbo. The AGF is obviously not in agreement with the Acting President. How on earth are we going to get the policy implemented when those whose responsibility to implement it are at loggerheads? Another issue that deserves attention is whether the president having written to the Senate asking for Magu to be confirmed can suddenly change his mid up and assume that the appointment was made under section 171 of the Constitution? It does not appear that the Presidency acted in good faith when it made a u-turn and claimed that the appointment was based on section 171 of the constitution. First, it should have written to the Senate to say that it made a mistake in sending Magu’s appointment for confirmation in the first instance and that having realised the mistake, has decided to appoint him under Section 171 of the constitution which does not require the Senate’s involvement. The Senate may not be satisfied with this explanation, but the Presidency would have made its position clearer and would no longer be seen to be holding the Senate in contempt. However, it must be stated that there are divergent views on whether the appointment can be made under section 171 of the constitution. The proper place to determine this, however, is the court. There is a red for

judicial interpretation to settle the matter one way or the other. Both the Senate and the Presidency can not be judges in their own case. Until, a court of law decides, we may never know who is wrong or right between the two institutions. There are strong arguments in support of the two positions. The Presidential Advisory Committee Against Corruption lately also appeared to have issues with the AGF. After members of the committee made comments doubting the commitment of the AGF to the anti-corruption war, Malami was forced to issue a statement. He expressed disappointment with PACAC and reaffirmed his commitment to the corruption war. He said: “I am saddened and flummoxed at the attempt to cast aspersion on my integrity, dedication and commitment to the war against corruption which undoubtedly is the major cornerstones of the present administration.” Yet PACAC, the AGF and the Acting President ought to be on the same page as far as the war against corruption is concerned. The reality is that they are not and that is going to make implementing the anti-corruption strategy a difficult task. According to the AGF, the anti corruption strategy will strengthen the enforcement and sanctions. He said: “So arising from this understanding Ministries, Department, Agencies, Legislature, Judiciary, Civil Society group and Religious Bodies have all come together at a forum and developed a National Anti-Corruption Strategy which is intended to be a guide or a road map for the enhancement and Sanctions, processes associated with Anti Corruption. “That policy has now been developed by al these components and was today presented to FEC for approval. “Incidentally FEC approved the strategy and the the roadmap is now that of implementation of the strategy towards the direction of collective buy in as it relates to enforcement and sanctions relating to anti corruption crusade and drive.”

T H I S D AY • TUESDAY, JULY 11, 2017

POLITICS

A Cry for Justice in the Army Davidson Iriekpen asks the authorities to take a dispassionate look at the appeal of 38 military officers forcefully retired by the Nigerian Army in 2016

ver a year has passed since the Nigerian Army compulsorily retired 38 officers from service. The officers, who are seen as some of the country’s brightest in internal and external security operations, were believed to have been forced out of service without recourse to the rules of disengagement in the Nigerian military. A cursory look at the list of the 38 officers reveals that 29 are Christians and from the southern part of the country, while the remainders are northerners. The officers said they were neither queried nor indicted by any panel, but got flushed out for reasons that smack of high-level arbitrariness, persecution and partisanship by the army authorities. The affected offices, in line with armed forces rules, have since written a petition to President Muhammadu Buhari seeking redress. In their various letters of retirement, the army authorities hinged the reason for retiring the affected officers on “provisions of Paragraph 09.02c (4) of the Harmonised Terms and Conditions of Service for Officers 2012 (Revised).” The paragraph shows the officers were laid off “on disciplinary grounds i.e. serious offence(s).” A few days after the announcement of the retirement, army spokesperson, BrigadierGeneral Sani Usman, on June 10, released a statement, disclosing what could have constituted the “serious offences” which warranted the compulsory retirement of the 38 officers. “It should be recalled that not too long ago, some officers were investigated for being partisan during the 2015 general elections. Similarly, the investigation by the presidential committee investigating defence contracts revealed a lot. Some officers have already been arraigned in court by the Economic and Financial Crimes Commission (EFCC),” Usman said. However, contrary to the claim by the army, investigations have since revealed that while only a few of the affected officers were queried, tried and indicted, others simply had their careers abruptly cut short without any trial, indictment or even warnings, an indication that the officers may have been victims of ethnic cleansing, overzealousness, vindictiveness, arbitrary, unfair and capricious applications of military laws in violation of army regulations and the fundamental rights to fair hearing. Some of the officers have also described the reasons given for their compulsory retirement as untenable because, according to them, the retirement had nothing to do with the so-called ‘service exigency’ and clearly contravened the Armed Forces Act (AFA), CAP A20 Laws of the Federation of Nigeria 2004 on which their compulsory retirement was grounded. Citing instances where the AFA was contravened, the officers pointed out that in the AFA, “all military officers are entitled to appear before a court martial to defend themselves. Pointing out that the Chief of Army Staff, Lt. Gen. Tukur Buratai, had a hidden agenda in ensuring that they were booted out of the service, the officers stressed that in some instances some of them were out of the country at the time some of the infringements were allegedly committed, while others had neither been queried nor ever received any summons before a civil or military tribunal or inquiry. The retired officers included nine majorgenerals, 11 brigadier-generals, seven colonels and 11 lieutenant colonels. Out of these numbers, 18 officers were never queried nor charged. Neither did they appear for investigation. They include Maj. Gen. Ijioma, Maj. Gen. Ejemai, Maj. Gen Ilo, Maj. Gen. Ude, Brig. Gen. Aghachi, Brig. Gen Fibuonuma, Brig. Gen L.M Bello, Brig Gen. I.M Lawson, Col F.E Ekpeyong, Col. O.U Nwankwo, Col. M.A Suileman, Col. C.K Ukoha, Lt. Col A Mohammed, Lt. Col G.C Nyekwu, Lt. Col D.B Dazang, Lt. Col T.E Arigbe, Lt. Col Enemchukwu and Maj. Williams.

Buratai... accused of denying affected officers fair hearing

Specifically, four of the officers: Lawson, Agachi, Suleiman and Arigbe were actually on assignment out of the country, but were also retired without given fair hearing. The right to fair hearing is better explained in Article 10 of the Universal Declaration of Human Rights (UDHR) which states that: “Everyone is entitled in full equality to a fair hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” In the Nigerian Constitution, fair hearing is clearly expressed under Section 36 (2) (a) which “Provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person.”

Analysts are wondering why the same army, under Buratai, which reinstated Mohammed whom it said was never found guilty of any offence, proceeded to retire several officers without given them fair hearing

Some of the questions begging for answers are: Why did Buratai and Minister of Defence, Brig-General Dan-Ali (rtd), mislead the nation by publicly saying that all the officers were granted fair hearing, when they knew that it was not true? If they really gave the officers fair hearing, can they provide evidence of the days and times these officers appeared before the court martial or even panels of inquiry? For instance, a public affairs commentator, Ishaq Yusuf, in an article titled: ‘Injustice, Human Rights and the Nigeria Army’ while taking on Buratai on his claim that “painstaking procedure was followed to ensure we didn’t pick innocent ones,” insisted that “when Buratai was appointed as Chief of Army Staff in July 2015 at the start of a two-year tenure, one of the first things he did was to review disciplinary cases in the army, especially of soldiers in the defunct Operation Zaman Lafiya, North-east Operations. He halted the various courts martial and constituted a committee to review the cases. At the end of the review, it was announced that the Nigerian Army has pardoned and reinstated a total of 3,032 soldiers out of the 5,000 that appeared before the committee.” He now wondered why “under his watch none of the 38 senior officers was made to appear before a court martial to determine their guilt or otherwise. It is admitted that several officers appeared before one inquiry or the other but they were not granted an opportunity for fair hearing via a court martial where they would have been entitled to legal representation to defend the charges or allegations against them. Let us not even mention those that were not queried, charged or tried, theirs is a no case submission.” Many analysts are completely surprised as to why the same army under Buratai who

reinstated Major General Ahmadu Mohammed, would sack 38 officers without given them fair hearing. Mohammed, was the General Officer Commanding (GOC) of 7 Division in 2014 when his troops mutinied and fired at his vehicle. The soldiers accused him of dereliction of duty and sending them to the battlefield with minimal logistic supports thereby leading to many deaths. Most of those soldiers were court martialled and sentenced to death. Amnesty International equally accused the GOC of ordering the deaths of many Boko Haram prisoners at the Maimalari Barracks and indicted him in its report forwarded to the federal government. He was consequently retired in December 2014 under the Goodluck Jonathan’s administration. However, the former GOC who is from Kano State, did not appeal his retirement within 30 days as stipulated by the conditions of service which according to defence sources, was already a breach of the appeals process but this was ignored because the army headed by Buratai had an interest to ensure fairness and justice was served. Mohmmmed instead, waited for the outcome of the general election as well as the removal of the previous service chiefs. After the appointment of Buratai as Chief of Army Staff, he then decided to appeal his retirement in September 2015, a good nine months after and was recalled in January this year. At the time of his recall, army spokesman stated: “Although, it is not an aberration for the international human rights body to raise such an observation, however, it did not take into cognisance the circumstances leading to his illegal retirement and the legal procedure that was followed in his reinstatement. The compulsory and premature retirement of Major General Mohammed did not follow due process and was rather arbitrary. The senior officer was never charged, tried, let alone found guilty of any offence that justified his premature retirement. The action was therefore a clear violation of extant rules, regulations, as well as terms and conditions of service of the armed forces of Nigeria. This obvious violation prompted the senior officer to seek redress using the appropriate legal means. Consequently, the realisation of these omissions called for a review of the case by the Army Council and his subsequent reinstatement into the service.” Analysts are wondering why the same army, under Buratai, which reinstated Mohammed whom it said was never found guilty of any offence, proceeded to retire several officers without given them fair hearing. They stated that this was a clear evidence that the laid down military procedures were not followed in the retirements of the 38 officers, arguing that the same mistakes made when General Mohammed was retired had been made again. Defence sources revealed that one of the main reasons why the army authorities retired some of the officers was because they refused to cooperate with the All Progressives Congress (APC) during the last general election in some Peoples Democratic Party (PDP) strongholds. “This is not fair because they wanted to ensure transparency. It was not because they were loyal to PDP government or sided a political party. They just wanted to ensure that bloodbath was averted at the end of the polls,” one of the sources told THISDAY. Although some of the officers have gone to court to enforce their fundamental human rights, they have also petitioned Buhari, urging him to look into their cases. They argued that it would be grossly unfair that a government headed by Buhari would go about dispensing injustice to Nigerians over unconfirmed, unverified issues or perceived slights, stating that Nigerians voted for the president because they were exhausted and disappointed with the the previous government. They warned that in the interest of the country, the president should not allow those in power to policitise and ethnicise the military which is most unifying institution in the country.

TUESDAY, JULY 11, 2017 • T H I S D AY

FEATURES

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

A Bold Socio-cultural Awakening Omon-Julius Onabu examines the promise which the nascent Njiko Aniocha-Oshimili sociocultural group holds for stimulating the local economy amid the intensified campaign for diversification

L-R: Delta State governor, Dr. Ifeanyi Okowa, the convener of Njiko Aniocha/Oshimili, Prof. Epiphany Azinge, senator representing Delta North Senatorial District, Senator Peter O. Nwaoboshi, member representing Aniocha/Oshimili Federal Constituency, Hon Onyemaechi Mrakpor and MD/CEO Rainoil, Dr. Gabriel Ogbechie, at the maiden Njiko Aniocha-Oshimili Economic Summit and Cultural Fiesta in Asaba…recently

he need to effectively tackle pervasive poverty among the larger segment of societies especially in developing countries has for decades been a major preoccupation of international organisations, institutions and governments. The introduction of the Millennium Development Goals (MDGs) in the year 2000 by the United Nations is, perhaps, a poignant reminder that developing countries have a whole lot to accomplish, and a very long way indeed to go, in bridging the gap between theirs and the economies of developing countries. Former UN Secretary-General, Mr. Kofi Annan, is in the class of leaders who have asserted that there is a strong correlation between “good governance” and eradication of poverty. Annan identified good governance as probably “the single most important factor” in eradicating poverty and promoting development. Here, emphasis is on the importance of democratic governance in providing the enabling environment for executing certain development programmes and projects that could substantially reduce or even eliminate poverty. However, there seems to be agreement that government cannot go it alone in addressing the huge challenge of poverty in developing countries. In other words, complementary roles by individuals and groups are invaluable to the poverty removal process. It is, perhaps, against this philosophical conception that Nigeria was recently treated to a flurry of intellectual and social

activities heralding the birth and unveiling of Njiko Aniocha-Oshimili, a new sociocultural organisation which, according to the founding fathers, is unique because of its comprehensive development predisposition. For two days, the Delta State capital, Asaba, was practically held spellbound as the nascent group organised the maiden Njiko Aniocha-Oshimili Stakeholders Economic Summit and capped that with an uncommon cultural fiesta. The twin events attracted who-is-who in the focal area, the state and across the country, including the Delta State Governor, Dr. Ifeanyi Okowa, who as the special guest of honour at the summit also inaugurated the organisation. And, the governor made no pretence about his approval of the stated vision and goal

I am pleading that our politicians train the people to acquire skills and mentor them, than just giving out motorcycles and other equipment as empowerment programmes. If the people are well trained and they work hard on their own, they can be job creators

of its initiators as well as the complexion of the presentations by the resource persons, who are all professionals in their own right. Speaking at the event, Okowa charged the people of the state to rise up to the challenge of diversification of the Nigerian economy. While commending Njiko Aniocha-Oshimili for taking the initiative of bringing all the critical areas of development in AniochaOshimili, and indeed, the entire state, into probing focus through the various in-depth dialogues at the summit, he stressed that most communities in the state had the potential of constituting the food basket of the nation. Specifically, the governor urged the people of Aniocha/Oshimili constituency to explore ways and means of improving agricultural productivity by cultivating rice as the area is within the rice belt capable of feeding the state and beyond. He noted that the federal government was on the verge of placing a ban on the importation of rice, urging the people to be actively involved in agriculture, which remains one of the country’s greatest employers of labour. He also urged politicians and philanthropists to review empowerment packages for their beneficiaries in order to make them more relevant and ultimately valuable in line with today's economic realities; to adopt a paradigm shift by assisting them to acquire training that would sharpen their entrepreneurial skills, thus making them both self-reliant and employers of others. "I am pleading that our politicians train the people to acquire skills and mentor them, than just giving out motorcycles and other

equipment as empowerment programmes. If the people are well trained and they work hard on their own, they can be job creators.” The governor explained the principles behind his administration's entrepreneurial and job creation schemes which he recommended for emulation. "We have had a lot of success stories with our skills acquisition programmes and - beyond what the government is doing - individuals and corporate organisations should find a way of assisting the people to acquire skills. We have provided a window for people to come from the private sector and bring youths for us to train and they will empower such persons while we mentor them." The convener and chairman of the Njiko Aniocha-Oshimili Economic Summit, Prof. Epiphany Azinge (SAN), noted that the nascent body as a “thought leadership and advocacy group” was necessitated by the need to arouse the people of the area to certain fundamental challenges meant to chart a course towards speedy economic growth and development. "One of the objectives of Njiko Aniocha-Oshimili, which is being fulfilled today, is to enhance the socio-economic well-being of indigenous people of Aniocha-Oshimili district through advocacy, policy development, research, conferences, civic engagement and education,” the legal luminary told THISDAY in Asaba. Azinge further explained the objectives and issues that prompted the birth of the new organisation: "It is pertinent to note that Njiko Aniocha-Oshimili is

• T H I S D AY TUESDAY, JULY 11, 2017

FEATURES a non-partisan, non-profit socio-cultural organisation positioned to be the foremost organisation that represents consensus of the people within the Aniocha/Oshimili district. Basically, it really means 'coming together'; that is, coming together of people, blending, forging unity and oneness: Njiko Aniocha-Oshimili. "We are conscious of the fact that there are a lot of issues confronting the Aniocha axis. Some of these include the quality of public education, transportation, unemployment, housing, electricity, quality of our healthcare and water; and, at this point in time, the quality of security arising from the menace of the herdsmen that has made our people vulnerable, especially our women that are, more often than not, subjected to the indignity of rape and sexual molestation.” Njiko Aniocha-Oshimili is not envisioned as a rival group to similar existing organisations within the greater Abioma nation; it rather seeks to complement them by completing the tripod for enhanced development of the entire Delta North and, indeed Delta State and Nigeria. It indeed does not intend to operate in isolation in seeking to address the litany of challenges through collaboration with elected officials at the national and state levels in advocating for legislation that is all-inclusive and development-oriented. Nonetheless, the organisation is concerned that Asaba capital territory remains the only one in the country without a federal university, saying it was desirous of encouraging the appropriate authorities to allow the Federal Technical College of Education, Asaba, to translate into a full-fledged university. Beside education and exploration of its agricultural potential, the summit dwelt on making the area an Industrial Technology (IT) hub like the Silicon Valley in the United States of America; address unemployment through tourism through the eyes of renowned environmentalist, Chief Newton Jibunoh; understanding the concept or model of a modern Asaba Capital Territory; creating an enabling environment for foreign and local investment; leveraging on the economic overflow across the Niger and development of Asaba Airport as well tackling security issues from a professional perspective. Resource persons at the occasion included Jibunoh, Chief Henry Okolo, Dr. Boniface Chizea, Mr Innocent Isichei, Mr. Mike Ejiofor, Dr. Tony Iweaka, Prof. Sylvester Monye, and the Director-General of Asaba Capital Territory, Chief Clement Ofuani. Their respective presentations dwelt essentially on how to exploit the economic potentials of Aniocha and Oshimili area, which includes Asaba, for the benefit of the people. Specifically, the discourse outlined strategies for exploiting these potential and opportunities through cooperation with government and private agencies as well

While lauding the Nijko Aniocha-Oshimili group for organising the economic summit, Okowa encouraged more of such exercises in the state to help the people to articulate ways to grow their respective economies at the ethnic nationality level, saying Deltans doing well in their chosen fields should take greater interest in the development of their communities

R-L: Delta State deputy governor, Hon. Friday Ossai Osanebi, Chief Whip, Delta State House of Assembly, Hon. Princess Ajudua, member representing Ika South, Delta State House of Assembly, Hon. Festus Chukwuyem Okoh, and former member representing Aniocha/Oshimili Federal Constituency, Hon. Ndudi Elumelu, at the maiden Njiko Aniocha/Oshimili Economic Summit and Cultural Fiesta in Asaba

A female cultural troupe entertaining guests

A male cultural troupe entertaining guests at the event

as organisations in the state and across the country with similar interests. While lauding the Nijko Aniocha-Oshimili group for organising the economic summit, Okowa encouraged more of such exercises in the state to help the people to articulate ways to grow their respective economies at the ethnic nationality level, saying Deltans doing well in their chosen fields should take greater interest in the development of their communities. This is obviously

in tandem with the principles behind the comprehensive interventions by the United Nations, which underlines its concern for dealing a fatal blow on poverty, particularly in developing countries like Nigeria. Such initiatives should complement the efforts of government in tackling poverty by safeguarding citizens’ rights; provide security, stimulate economic growth and services like education and healthcare. In the words of Azinge, convener of the maiden Njiko Aniocha-Oshimili Economic

Summit, “We consider ourselves lucky and privileged that we are at the seat of government to some extent; but it is an advantage we do not intend to misuse or exploit unnecessarily. While trying to attract the attention of government towards harnessing our vast economic potential in all ramifications, we are also thinking of what we can bring to the table in order to have a true government of the people, ultimately to give our people better quality life.”

IMAGES

L-R, Managing Consultant, IBIS, Ibiwunmi Akintola; Head, Consumer Banking, Diamond Bank Plc. Aisha Ahmed; Convener, The Beauty Souk, Yewande Zaccheus; and Head, Corporate Communications, Diamond Bank, Chioma Afe, at the Beauty Souk Fair, Sponsor by Diamond Bank, in Lagos,..recently SUNDAY ADIGUN

L-R; Chairman of the Occasion, Awisaju of Ilesa,Chief Yinka Fasuyi; Outgoing President,MrAduOlatunj; in-comingi President,Rotary Club of Ibadan Jericho Metro, Adekunle Are at the Investiture of the 6th President of Rotary Club of Ibadan Metro, in Ibadan...recently

L-R; President of the Nigerian Society of Engineers (NSE), Mr. Otis Anyaeji; Executive Dirextor, Operations, NIMASA/ recepient of the NSE Fellowship Award, Mr Rotimi Fashakin and wife Olusola at the Nigerian Society of Engineers 2017 Second Fellowship Conferement Ceremony in Abuja....recently JULIUS ATOI/THISDAY IMAGES

Executive Director, Connect Marketing Services, Tosin Omoyajowo, Co-Founder/Group Executive Director, Sahara Group, Tonye Cole, Managing Director, Connecting Marketing Services, Tunji Adeyinka and the Minister of Communications, Mr.. Adebayo Shittu at the opening of TechPlus 2017 Conference and Exhibition in Lagos...recently

T H I S D AY • TUESDAY, JULY 11, 2017

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

L-R; Manager, Busiess Development, Insurance Brokers of Nigeria Ltd (IBN), Kate Ogunsanwo; Executive Chairman,, Prosper C. Okpue and Director, Energy and Oprations, Tunde Ogunsanwo; during the IBN’s press briefing on its activities and the forth-coming launch of new brand identity in Lagos...recently YOMI AKINYELE

L-R: Treasurer, Nigerian Mining and Geosciences Society (NMGS) Prof. Joseph Omuda, President, NMGS, Prof. Silas Dada, Kwara State Governor, Dr Abdulfatah Ahmed, immediate past president NMGS, Prof. Olugbenga Okunola and Protocol Officer, NMGS Lauretta Omoigbarale during courtesy visit to the Governor at Government House, IlorinÖrecently

L R ;Acting Chairman Regency Alliance Insurance Plc, Amb Baba-Gana Kingibe; GMD/CEO, Regency Alliance, Mr. Biyi Otegbeye and Col Aminu Isah Kontagora during the Annual General Meeting of the Company in lbadan...recently FELIX ADEMOLA

L-R: Chairman, Association of Nigerian University Professional Administrations (ANUPA), Lagos State Chapter, Mr. Emmanuel Fanu; Secretary to the Lagos State Government and Guest Lecturer, Mr. Tunji Bello; Special Adviser to the Governor on Education, Mr. Obafela Bank-Olemoh and the Vice Chancellor, Lagos State University, Prof. Olanrewaju Fagbohun, during the 4th annual distinguished lecture and award of the Association, , in LagosÖ.recently

WEEKLY PULL-OUT

'NIGERIA, NOT READY FOR ANOTHER WAR'

11.07.2017

Professor Akin Oyebode

2/DASHBOARD

11.07.2017

Necessity of Identification of Corpse for Post Mortem Examination PAGE 4

FG Directs Governors to Execute Death Row Inmates PAGE 5

Olanipekun to Chair Public Lecture and Books Presentation on Legal Profession PAGE 5

‘Get Into Law for the Rights Reasons’ PAGE 6

QUOTABLES 'The reason why this country is as great as it is, is because of its diversity. It is because we have here, people of every race, people of every tribe, bringing in their different cultures, their different sense, all of the different things that makes each one of our ethnic groups great, comes together in one country.' – Professor Yemi Osinbajo, SAN, Acting President, Federal Republic of Nigeria

'If indeed, that statement was rightly attributed to the Acting President, I think that it is rather unfortunate. You cannot say Magu or nobody else, because it is a complete affront to the generality of Nigerians, who believe that there are so many good people in this country, without prejudice to whatever qualities they may have seen in Magu. Magu is just one other individual and he is not indispensable.' – Mr Chima Nnaji, Legal Practitioner, Lagos

Biafra and the Call for Referendum PAGE 7

Buhari/Osinbajo, Great Men on a Rescue Mission PAGE 11

COLUMNISTS ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

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

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

EFCC: The Tax of the Matter

here were two topics that took centre stage last week, the Magu/Senate/Presidency saga, which has reared its ugly head again, and the Voluntary Asset and Income Declaration Scheme. In fact, the players involved in the Magu matter, seem to be so passionate about it, that the issue of Restructuring of Nigeria seems to have been temporarily relegated!

The Issue of Magu So I decided to consider the Magu situation, a bit more closely than I had done in the past. I remember that I had mentioned in passing in one of my previous columns, that Section 171 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (the Constitution), is not applicable to the Economic and Financial Crimes Commission (EFCC), because the EFCC is a creation of statute. But was I right? I am not so sure. Even if the EFCC is a creation of statute, statute is subject to the Constitution. Lack of Federal Character Personally, I have nothing against Mr Magu. The only thing that I have against his candidature, is that it is my considered opinion, that appointment to the position of Chairman of the EFCC, seems to be the preserve of a particular section of the country (since its inception), which I believe is against the federal character provisions of the Constitution. The pioneer Chairman of the EFCC was Nuhu Ribadu (Adamawa State). We also had Farida Waziri (Benue State), Ibrahim Lamorde (Adamawa State) and now, Ibrahim Magu (Bornu State). My question is, are there no other people from other parts of the country, that are qualified to do the job? These are the types of steps that Government takes, which causes disaffection and bitterness amongst the people, resulting in all the various types of agitation and palaver that we are experiencing today. For every competent Mr Magu, there is an equally competent Mr Akpan, Mrs Okoro, Mr Obaseki, Mrs Adeyemi or Mr Amachree. These appointments need to go round. The spirit of federal character and national unity, provided for in Sections 14(3), 15(2) & 15(4) of the Constitution, has certainly not been portrayed in the EFCC headship. I am sure that there are also other institutions, which always have headship from a particular area, excluding the North too. This is wrong.

There is a Federal Character Commission, established by virtue of Section 153(c) of the Constitution. Its role is to “implement and enforce the federal character principle of fairness and equity in the distribution of public posts and socio-economic infrastructure among the various federating units in Nigeria”, including extra-ministerial agencies, as provided for by Section 8 of the third schedule to the Constitution. Clearly, the Commission is not playing its role at all.

Section 171 of the Constitution Section 171(1) of the Constitution, gives the President power to appoint persons to hold or act in certain offices (and remove them). Section 171(2)(a-e) lists the offices that fall under the purview of this provision. I suppose the Presidency is relying on Section 171(2)(d) which includes the “....Head of any Extra-Ministerial Department of the Government of the Federation....”. What is an extra-ministerial department? It is a unit of government, whose function is independent of any ministerial oversight. Is the EFCC independent of ministerial oversight, unlike the parastatals? If the answer to this question is in the affirmative, then the President need not have sought Senate confirmation in the first place, even if the EFCC Act provides for it. This could be the crux of the matter. However, some lawyers are of the school of thought that, whether the EFCC is an extra-ministerial department or not, is a question for the court to decide, and neither the Senate nor the Executive, has the power to make that decision. On the other hand, it follows from the above argument that, if the EFCC is not an extra- ministerial agency, then Section 171 of the Constitution is not applicable, Section 2(3) of the EFCC Act kicks in, and Senate confirmation is required. Lawyers, what do you think? Is the EFCC an extra-ministerial department or not? The Senate, however, must be placing reliance on Section 2(3) of the EFCC Act, which provides inter alia, that the Chairman of the EFCC shall be appointed by the President, subject to the confirmation of the Senate; or that nominations in other agencies established in the same manner as the EFCC, are sent to the Senate for confirmation, so why should the case of the EFCC be different? However, apart from Section 1(1) of the Constitution declaring that its provisions are supreme and binding on all authorities and persons throughout Nigeria, Section 1(3) clearly provides that where any law is inconsistent

with the provisions of the Constitution, the Constitution shall prevail, and the inconsistent law shall, to the extent of its inconsistency, be void. Simply put, if the EFCC is an extraministerial agency, it is the Constitution that permits the President to appoint Mr Magu to hold or act; Since Section 171, which confers those powers of appointment on the President, does not provide for Senate confirmation, the Constitution being the supreme law of the land, overrides the provisions of the EFCC Act. In fact, by virtue of the foregoing, Section 171 allows Mr Magu to be not just the Acting, but the substantive Chairman of the EFCC. I must make mention of the fact that Section 171(5) of the Constitution directs the President to have “..regard to the federal character of Nigeria and the need to promote national unity” in exercising his powers of appointment under Section 171. I do not believe that this provision has been adhered to in the case of the EFCC. The Voluntary Asset and Income Declaration Scheme One of the reasons given by the Finance Minister on the need for this new tax measure, is the need for more revenue to come into the purse of Government. Apparently, only 14 million Nigerians pay taxes, while only 214 people pay taxes in excess of N20 million every year. Nigeria's tax regime is about 6%, one of the lowest in the world, because majority of the people evade and avoid paying taxes. We all know that the reason for paying tax, is for Government to raise revenue to do several things, including paying its workers. However, the largest use of tax revenue, is meant to be for the provision of amenities and development of infrastructure for the people, like roads, medical facilities, schools, and the like. This new tax initiative taken by Government, is to checkmate tax evasion. The Scheme will run from July 1, 2017 till March 31, 2018, offering tax defaulters a one time opportunity, to come clean and regularise their positions. No penalties or interest will be paid on outstanding unpaid taxes. Also, tax defaulters will receive immunity from prosecution, and all information provided to the authorities will remain confidential (hmmm, tell that last confidentiality aspect to the Marines). My question is, with the huge oil revenues that successive Governments have received over the years, what amenities did they provide? The hospitals are filthy, outdated death traps, the public transport system is zero, the standard of education is appallingly low, the roads are largely impassable, and security is not that great. The list of amenities that are lacking, is endless. This is one of the reasons why people avoid paying taxes. Why would anybody want to pay taxes, when the revenue ends up in private pockets, instead of being put to good use, for the benefit of the people? Most households are a local

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"BEING ACCOUNTABLE, IS NOT JUST ABOUT GOING TO TOWN HALL MEETINGS FOR QUESTION AND ANSWER SESSIONS. IT IS ABOUT BEING ABLE TO COMPEL GOVERNMENT, TO DO THE NEEDFUL. I SAY THAT IF CHAPTER 2 OF THE CONSTITUTION IS MADE JUSTICEABLE, THAT WAY, GOVERNMENT CAN BE HELD ACCOUNTABLE" government on their own, providing their alternative sources of electricity, via 'I better pass my neighbour', generators, inverters, and solar panels; water, via wells, bore holes and water treatment plants, private security, sending their children to private schools and so on. Naturally, they prefer to keep their money to provide these services for themselves, since Government has failed them. The Finance Minister however, believes that when people pay taxes, Government will be held more accountable for its expenditure. How? Being accountable is not just about going to Town Hall Meetings for question and answer sessions. It is about being able to compel Government to do the needful. I say that if Chapter 2 of the Constitution is made justiceable, that way, Government can be held accountable. I wish Government the best of luck in its new tax drive. I would however, suggest that Government must, as a matter of urgency, start to inspire confidence in the people and earn their trust. Show more of a sense of responsibility and commitment to improving the standard of living of the people, by providing better amenities and infrastructure, instead of paying some government officials obscene salaries. If this is done, and people see that revenue is being put to good use, they will be happy to pay taxes.

Dear Editor Re: The Ill-Health of NBA Elections

Ibrahim Magu

Dear Editor I just read your write up on nigerianlawyers.com, and I thought it wise to write you this email. By way of introduction I am Adebola Lema, a member of the NBA Lagos Branch. I was also the immediate past Secretary of the Branch. I agree with you, that the particular section 16 (1) of the Bye Laws 2015, ought not to be in the Bye Laws, especially for Branches in the cities. I also agree with you, in that you did a critique of the provision, and made

a suggestion on the way forward, amendment to the said section. The amendment then, was able to scale through, because Branch delegates voted on behalf of their branches, and I think any subsequent amendment to the Constitution and Bye Laws, will be done by universal suffrage (the way that all verified lawyers voted for the NBA President in 2016), and all lawyers who are financially in good standing, will be entitled to vote. Thank you Adebola Lema

4/LAW REPORT

11.07.2017

Necessity of Identification of Corpse for Post Mortem Examination

T Facts

he Appellant was charged at the High Court of Kogi State, Obangede, with causing the death of a certain Ajari Mala Sule (the deceased) by stabbing him with a spear on the chest, and also voluntarily causing hurt to “Awawu Mala” and “Ibrahim Pemida” by stabbing them with a spear on the left arm and mouth respectively. The statement of the Accused person to the Police, was tendered as Exhibit 3. In the statement, he stated that he came home from School, to meet the deceased and his brother beating his mother, and that it was when they brought out charms and guns, that he entered his room and carried a sharp spear which he used in hunting to defend himself, and it was after the deceased’s brother shot at him and the bullet missed, that he used the sharp spear on the deceased’s chest. At trial, he gave a different account to the effect that when he came home from School, the deceased and his friends came to his house to abuse him, and it was while he was struggling to wrest the spear from the deceased during the fight that ensued, that the spear pierced him in the chest. The trial Court found him guilty of the offence of culpable homicide punishable with death, convicted him and sentenced him to death accordingly. On appeal to the Court of Appeal, the Appellant rather than argue that the trial Judge erred by not upholding his plea of self-defence, argued that the trial Judge should have found that his evidence as DW1 was inconsistent with Exhibit 3. In his argument, he referred to the Police Post Mortem Form, which stated that the alleged cause of death as “lynched to death”, contrary to what the Medical report stated as the cause of death, that is, injuries to the chest. He therefore, argued that there was no certainty as to whether it was the lynching or the alleged injuries on the deceased’s chest that caused his death. He submitted that the benefit of doubt should be resolved in his favour. The Court of Appeal dismissed his appeal and affirmed the judgement of the trial Court. Dissatisfied, he appealed to the Supreme Court. Issue for Determination The Supreme Court adopted a sole issue for its determination of the appeal thus: “Whether the lower Court was right when it upheld the conviction of the Appellant” Arguments Counsel for the Appellant submitted that the standard of proof for the offence charged, is proof beyond reasonable doubt as prescribed by Section 139 of the Evidence Act, 2011. He submitted that there was non-compliance with the provisions of Section 249(3) of the Criminal Procedure Code with regard to the matter of a written report by a Medical Officer. He relied on EDOHO v THE STATE (2010) 14 NWLR (PT. 1214) 651 at 678. He also argued that the failure of the prosecution to inform the Appellant of his right to disagree with the report given the apparent unsatisfactory state, was fatal to the case of the prosecution. Further, the Appellant contended that the requirements for a statement to be taken as a dying declaration, had not been met and that the Court made use of the dying declaration wrongly. He relied on AKINFE v THE STATE (1988) 3 NWLR (PT. 88) 799 AT 746; AKINOLA v V.C UNIVERSITY OF ILORIN (2004) 11 NWLR (PT. 885) 616. Finally, he submitted that the concurrent findings of the two Courts below are perverse and urged the Supreme Court to interfere with the findings. Counsel for the Respondent submitted that, the prosecution proved the case beyond all reasonable doubt. He contended that it is trite that once a person dies immediately from wounds sustained as in this case, the logical conclusion is that the deceased died from the injury sustained from such spear stab and that the medical report may not be necessary. He relied on EMWENYA v A-G BENDEL STATE (1993) 6 NWLR (PT. 297) 29 AT 39. He stated that Exhibits 1 and 2 will reveal that the corpse was identified; therefore, the provisions of Section 249(3)(a) of the Criminal Procedure Code was complied with, and that there was no miscarriage of justice. He further contended that the extra-judicial confession of the Appellant, was

enough to ground a conviction as he admitted to committing the crime. He relied on BASSEY v THE STATE (2012) 12 NWLR (PT. 1314) 209 at 227. Counsel also pointed out that the Appellant raised fresh issues on appeal, and that without the leave of Court first sought and obtained, he cannot do that. Counsel relied on DIRECTOR SSS v AGBAKOBA (1999) 3 NWLR (PT. 595) 315 at 365; ADEBAYO v BABALOLA (1995) 7 NWLR (PT. 408) 383 AT 410. He stated that the Appellant set up a case of self-defence at the trial Court; at the Court of Appeal, he raised the issue of contradiction and at the Supreme Court, he brought up the issue of dying declaration. Finally, he urged the Court to uphold the concurrent findings of the two Courts.

Hon. Amina Adamu Augie, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 13th Day of April, 2017 Before Their Lordships Ibrahim Tanko Muhammad Mary Ukaego Peter-Odili Kumai Bayang Aka’ahs Amina Adamu Augie Sidi Dauda Bage Justices, Supreme Court SC.287/2012 Between Adaudu Shaibui....... Appellant And The State........Respondent Lead Judgement delivered by Hon. Amina Adamu Augie, JSC

"AS TO IDENTIFICATION OF THE CORPSE, WHICH HE MADE SO MUCH FUSS OVER, THE DECISION OF THIS COURT IN ENEWOH V STATE (SUPRA), SEALS THAT DOOR. THIS COURT MADE IT VERY CLEAR IN THAT CASE, THAT WHERE THE TOTALITY OF THE EVIDENCE ADDUCED SHOWED UNMISTAKABLY, THAT THE BODY ON WHICH THE DOCTOR PERFORMED A POST MORTEM EXAMINATION WAS THAT OF THE DECEASED, A SEPARATE WITNESS, THOUGH DESIRABLE, IS NOT A NECESSITY"

Court’s Judgement and Rationale Deciding the sole issue for determination, the Supreme Court held that, where medical evidence is essential as to the cause of death, it is invariably also essential that the person who allegedly identified the corpse of the deceased to the Doctor, is called to testify as to the identification, unless the identity of the deceased can be inferred from the circumstances of the case. The Court referred to the authority of ENEWOH v STATE (1990) 4 NWLR (PT. 145) 469. In the present case, Exhibit 1 has the details, indicating that it was the body of the deceased that was examined by the Medical Officer who signed Exhibit 2. The fact that the name of the person who was to identify the deceased was not on the form, is not sufficient to find to the contrary in the face of all evidence available. The apex Court held further that, where the totality of the evidence adduced showed unmistakably that the body on which the Doctor performed a post mortem was that of the deceased, a separate witness, though desirable, is not a necessity. The Appellant’s contention that Exhibit 1 and 2 had discrepancies and were inconsistent with the testimony of PW4 and PW5, was discarded by the Court. Their Lordships held that, contradictions that will be fatal, must be substantial and that minor contradictions that do not affect the credibility of witnesses may not be fatal. The contradiction must relate to the substance of the matter. The Supreme Court found that PW4 and PW5 painted a vivid picture of the incident, and that there is no question that the Appellant stabbed the deceased, and that there was no break in the sequence of events from when the deceased was stabbed until the corpse landed at the Mortuary. The Court relied on BEN v THE STATE (2006) 16 NWLR (PT. 1006) 582 in holding that, medical evidence is not essential in establishing the issue, where the deceased was attacked with a lethal weapon and died instantly. On the issue of dying declaration, the Supreme Court found that, the issue was freshly raised by the Appellant at the Supreme Court. The Court went on to hold that an appellate court will not generally allow a fresh point to be taken before it, if such a point was not raised and pronounced upon by the Court below, unless of course, the question involves substantial points of law and no further evidence needs be adduced to determine the matter, and such a course of action is necessary to prevent an obvious miscarriage of justice. The Court held that, since the issue of dying declaration was not raised at the two lower courts, the Appellant needed leave of the Supreme Court before same can be raised at the Supreme Court, and that since the Appellant did not take that step, the issue will be discountenanced. Finally, the Supreme Court held that, there is more than enough evidence established to support the concurrent findings of the trial Court and the Court of Appeal; therefore, the Supreme Court is not in a position to intervene. Appeal Dismissed; decision of the trial Court upheld. Representation: Miss S.I. Dokubo for the Appellant P.H. Ogbele Esq. with Boniface Bassey Esq., Okwudili Abanum Esq., A.A. Malik Esq., N.I. Nta Esq. and Ibrahim Alhassan Esq. for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

11.07.2017

NEWS/5

NIGERIA LNG DINNER

WORKING VISIT

L-R: Mr. Gbenga Oyebode MFR, Dr. Wale Babalakin, SAN, Mrs. Onikepo Braithwaite, Editor, THISDAY Lawyer, Ms Edith Unuigbe, outgoing Company Secretary/Legal Adviser Nigeria LNG, Hon. Justice Idowu Alakija, Dr. Bayo Adaralegbe, SAN, Mr. Wale Akoni, SAN and Mr. Kehinde Dawodu at a dinner hosted by NLNG in honour of Ms Unuigbe on her retirement

L-R: Mrs. Yeside Kolawole, Dr. Omogbai Omoeboh, Mrs. Adesola Williams, Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, Mr. Ademola Sadiq and Mrs. Ade Adeyemo during a working visit of Commissioners of Law Reform Commission to the Attorney General, recently

FG Directs Governors to Execute Death Row Inmates

Jude Igbanoi

In line with the directive of the Federal Executive Council, directing State Governors to sign the death warrants of death row inmates, some States including Edo, have concluded plans to execute some inmates on death row, at the Benin Prisons. Inmates at the Benin Prisons last week, were reportedly agitated, seeing the gallows being renovated and prepared for the executions. It is on record that, after a 10-year moratorium on execution of convicts for capital offences, the then Edo State Governor, Mr. Adam Oshiomole, in line with a similar directive of the Jonathan Administration in 2012, signed the death warrants of six convicts, who were immediately executed at the Benin Prisons. The 2012 Benin executions, drew the ire of the international community, which had commended the Obasanjo Administration for unofficially observing a moratorium on

the death penalty. Last Friday, in a swift reaction the Nigerian Anti-Death Penalty Group, a coalition of over 50 Civil society groups, lawyers, journalists and human rights activists, working towards the improvement of the criminal justice system, and in the long run, the abolition of death penalty in Nigeria, rose from an emergency meeting in Lagos, condemning in strong terms, the planned executions. In a communiquĂŠ, the group said, "We are shocked and dismayed by the recent statement credited to the National Economic Council (NEC), which advised the Governors to consider signing execution warrants for death row inmates. "We consider the recommendation as ill-advised, retrogressive and out of tune with current global trends and international best practice. "We draw the attention of NEC, to the pending suits filed by Legal Defence and Assistance Project and Human Rights Law Service, members

of NDELPEG which assert their fundamental human rights under the African Charter on Human and Peoples Rights. "There is a subsisting court order, procured by Legal Resources Consortium on behalf of some death row Inmates in Lagos, declaring the mode of execution unconstitutional and contrary to Section 34 of the 1999 Constitution. "While we recognise the concern of the Government on the rising crime wave, we however, note the statement of the Minister of Interior and the Comptroller General of Prisons at the said NEC Meeting, pointing out that 70% of prison inmates are actually awaiting trial. We therefore, advice the Governors, to follow this advice and halt all such planned executions till further notice. "As an alternative to the death penalty, the NEC advised the Governors, to consider commuting death sentences to life prison terms, and we urge the

Governors, to adopt this option. "Experience has shown that the threat of the death penalty, is not an effective answer to violent crimes. It is a retrogressive step, that does nothing to protect the victims. "The world, is moving away from the use of the death penalty. In 1977, only 16 countries had abolished the punishment for all crimes. As of today, the number stands at 140 countries. "It is on record that, 32 death row inmates were exonerated in 2016 alone, showing the flaws in our criminal justice system. "We therefore, call on the State Governors, to put in place, measures to improve criminal administration in their respective states." As at the time of filing this report, another set of death row inmates, were reported being transferred from Oko Prisons to Benin, in preparation for the executions which might take place any moment from now.

Stop Forcing Suspects to Make Confessional Statements, Judge Advices Police Akinwale Akintunde The presiding judge of the Court of Appeal, Lagos Division, Justice Mohammed Garba, has urged men of the Nigerian Police, to do more investigation, rather than waiting for a confessional statement to unravel a crime. Justice Garba, who was represented by Appeal Court judge, Justice Ugochukwu Ogakwu, said this last Thursday at the annual Seminar/Workshop of the National Association of Judicial Correspondents (NAJUC), which held in Lagos. Speaking on the topic: 'Administration of Criminal Justice Act (ACJA) 2015: Innovations, Challenges and

the Way Forward', the judge noted that, Nigeria appears to have the highest number of confessional statements, used as the basis of findings during police investigation. He appealed to the Police, to step up and keep pace with the high standards of crime investigation which obtains in all civilized countries of the world, and always ensure that they perform their constitutional duty creditably well. While absolving the Judiciary of blame in the parade of suspects by prosecutorial agencies, Justice Garba said confessional statements should only be taken from a suspect if, and only if, his counsel is present, or in the presence of a legal

practitioner. According to him, where this is not done, the court should reject such a confessional statement. "Sadly, most of the agencies we have now who have both investigative and prosecutorial powers, like the Economic and Financial Crimes Commission (EFCC) in particular, engage so much in media trial. "But, if they don't blow their trumpet, nobody will blow it for them, and it's only when they blow their trumpet as to what they are doing, that we'll know that they are actually working. "What can the judiciary do? The judiciary only works on what is brought before it. Unless there is a

case that has been brought for judicial pronouncement, the judiciary will not make any pronouncement on whether it is wrong or not. "So, the judiciary is not self-activating, the jurisdiction of a court, is only invoked when such a matter comes for judicial pronouncement and until such matter comes, the judiciary cannot do anything." Garba described the ACJA 2015 as commendable, adding that it contained at least 27 innovative provisions,that could revolutionise justice administration. Also speaking at the CONTINUED ON PAGE 13

Olanipekun to Chair Public Lecture and Books Presentation on Legal Profession Former President of the Nigerian Bar Association, Chief Wole Olanipekun, OFR, SAN, LL.D, is to chair a Public lecture and Books presentation on the Legal Profession on Monday, 17th July, 2017 at the Chartered Institute of Personnel Management (CIPM House), Alausa, Ikeja at 10 a.m. The topic of the public lecture "LEGAL PROFESSION: WHO SHOULD BE OUR ROLE MODELS?", is to be delivered by Olu Awolowo Esq. , a Partner at Awolowo & Awolowo (Legal Consultants) and former Head of Department of Public Law, Olabisi Onabanjo University,

Ogun State .Nigeria. The books to be presented to the public at the event are: LAW PRACTICE KIT and LEGAL LUMINARIES respectively; foreword by Hon. Justice G.A. Oguntade, JSC (Rtd), CFR and Alhaji Femi Okunnu, SAN, CON are edited and authored by Mr. Abdulrasheed Ibrahim, former Publicity Secretary, NBA Lagos Branch. The books are to be reviewed by Mr. Lawal Pedro, SAN, former Solicitor General, Lagos State Ministry of Justice and Editor of the Lagos Law Reports. Many dignitaries and personalities are expected at the event to present the books to the public.

Court Frees Businessman of Alleged Murder, Armed Robbery Akinwale Akintunde A Chief Magistrateâ€™s Court, sitting in Igbosere, Lagos has set free a Lagosbased businessman and frontline industrialist, Chief Felix Ezeamama, of criminal charges of alleged armed robbery and attempted murder. Lagos State Commissioner of Police had through the SCID, Panti, Yaba, Lagos on May 31, 2017 asked the court to remand Chief Ezeamama in prison custody, on the allegation that the accused attempted to kill one Hajiya Halima Mohammed and that he also robbed her of valuables worth millions of Naira. Chief Magistrate A.M. Komolafe, promptly remanded Chief Ezeamama in prison custody. Chief Ezeamama has been locked in a property dispute with Hajiya Abubakar over the land and building at No.41, Kingsway Road, Ikoyi, Lagos, which was lawfully acquired from the resident beneficiaries, through the

Presidential Implementation Committee on Federal Government Houses. Subsequently, Chief Ezeamama applied to the High Court of Lagos State, through his lawyer, Mr. Ebun-Olu Adegboruwa, to be granted bail. The police was duly served with the said application to which they filed a counter-affidavit. After taking arguments from counsel on June 20, 2017, Justice A.M. Lawal granted bail to Chief Ezeamama with two sureties, and also directed him to deposit his international passport with the Deputy Chief Registrar of the Court. The police also forwarded the case file to the office of the Director of Public Prosecutions (DPP), for advice. After reviewing the case file, the DPP gave an opinion that no case of attempted murder or armed robbery was made out against Chief Ezeamama, who had in the meantime, spent several CONTINUED ON PAGE 13

11.07.2017

CIArb Nigeria Launches MSME Arbitration Scheme

Jude Igbanoi

The Chartered Institute of Arbitrators (UK) Nigeria Branch, has launched its Micro, Small and Medium Enterprises (MSME) Arbitration Scheme. Chairperson of the Branch, Mrs. Doyin Rhodes-Vivour, said: “The Chartered Institute of Arbitrators is an international organisation, that is dedicated to the promotion of arbitration and alternative dispute resolution, as the preferred means of resolving disputes. When we say alternative means, we are talking about means outside the court system. We are committed to building capacity in the field with arbitrators trained to the highest standards. “The Micro, Small and Medium Enterprises Arbitration (MSME) Scheme, is for small business enterprises. We recognise that MSMEs are an integral part of the Nigerian economy, and that if they do not have access to timely and cost effective dispute resolution, that can affect the growth, which can affect the Nigerian economy. “The scheme is to ensure that we provide access to MSMEs to cost effective dispute resolution. You can spend 15 years in the court trying to resolve a dispute. You can imagine the impact of that on your business, not to talk of the bad publicity. “But if disputes are nipped in the bud, and you resolve them at the very early stages, it further enhances your business. The Scheme gives access to MSMEs, to resolve disputes at very minimal cost. Arbitration is a party-driven process. It is premised on party autonomy. One of the advantages is that, you get to choose who resolves your dispute. We have a list of Arbitrators of the Institute, who have signed on to the Scheme. When a dispute arises, parties

will have the option to choose an Arbitrator from that list. If they want us to appoint for them, we will. “So many disputes are posted on social media. You can even agree ahead that should any dispute arise, it must not be discussed publicly. And at the end of the day, you have saved yourself from unnecessary embarrassment. Arbitrators who signed onto this Scheme, have agreed to accept a reduced rate, all in the public interest. This is a service, a commitment that we have taken on. “On cost, when you make a request for the arbitration, you pay a non-refundable administration fee of N10,000. For commercial disputes with monetary value from N250,000 to N1million, the Arbitrator's fee is fixed at N50,000 and all other recoverable arbitration and party expenses, will be capped at a maximum of N25,000. And this is to be handled by an Arbitrator that is trained to the highest standards. “For commercial disputes with monetary value from N1million to N2million, the Arbitrator’s fee shall be fixed at N100,000, and all other recoverable and party expenses capped at N50,000. For commercial disputes with monetary value from N2million to N5million, the Arbitrator's fee shall be fixed at N250,000 and all other recoverable and party expenses capped at N100,000.” Chairman of the Schemes Committee, Mr. Juwon Adenuga, said: “The Scheme provides the privilege of a court judgement, without going to court. The Scheme proposes that you have an award in 90 days. An arbitration agreement, is a pre-requisite for an arbitration to take place. It is strongly advised therefore, that recommended arbitration clause is inserted into contract documents, or at least on invoices

or receipts issued in the course of business transactions, provided recipients of invoices sign on them in acceptance of the arbitration agreement. “In the absence of an arbitration clause, a submission agreement or a jointly signed application for appointment of an Arbitrator, will be taken as consent of both parties to submit to arbitration.” Highlighting the benefits, she said they include minimised fees and pre-determined costs, speed, minimised formalities, simplicity, privacy and confidentiality and enforceability. The event featured a panel of discussions, chaired by former Attorney-General of the Federation, Chief Bayo Ojo, SAN. Panel members included Mr Babajide Ogundipe, former Lagos Attorney-General, Olasupo Shasore, SAN, the Institute's third Vice Chairman, Mrs Sola Adegbonmire, Mrs Ososa Akpata, Mr Emeka Azinge, and Mr Adenuga. Participants were exposed to the advantages of arbitration and ADR, in the resolution of disputes. A goodwill message was delivered by President of the Chartered Institute of Bankers of Nigeria (CIBN), Prof Segun Ajibola, who said arbitration was a way of sustaining relationships, even in the face of disputes. "You don’t come back from the court and be friends. Even in our culture, we look for ways to reconcile, so that friendships will continue to be preserved. It is expensive to go through the court adjudicatory process", he said. Chief Bayo Ojo, SAN, described arbitration, as a win-win situation for everyone involved. He said disputes are resolved timeously, efficiently and in a cost effective manner. "There is no

disadvantage whatsoever", he said. Shasore said, simple commercial disputes, have been turned to criminal matters at police stations. He said with the MSME Scheme, small businesses no longer need to resolve disputes in police stations. "Efficient dispute resolution, will boost the rule of law and confidence in the justice system. Everybody should be excited about what this Scheme will do", he said. Lagos State Commissioner for Commerce, Industry and Cooperatives, Prince Rotimi Ogunleye, said the timing of the Scheme, came at a time when there is a promotion of the patronage of Made in Nigeria goods, which majorly concerns the MSMEs. “I am enthralled at the MSME Arbitration Scheme, and have great hopes that the launch of the Scheme would be leveraged upon, for economic transformation of MSMEs in our dear Lagos State, Nigeria and indeed, the African continent. “This innovative ADR Scheme being launched today, will essentially expand the frontiers of MSMEs’ contribution to the State's and Nation's economy, as inevitable transactional disputations will be resolved expeditiously, through the avoidance of the pitfalls and challenges in the conventional judicial processes. “I wish to call on all stakeholders to work intimately with the Institute, in its determination to reduce the delivery period of dispute resolution. On our part, we assure you of our unalloyed support towards the successful delivery of the Scheme.” Those in attendance included chairman of Bi-Courtney Ltd, Dr Wale Babalakin, SAN, Mrs Hairat Balogun, Mrs Elizabeth Idigbe, among others.

Legal Personality of the Week Udo Jude Ilo

‘Get Into Law for the Rights Reasons’ My name is Udo Jude Ilo. I was born in Ozalla, Enugu Sate. I am married to Nkem Ilo and we have two daughters. I attended Sacred Heart and St John Cross Seminaries in Nsude and Nsukka respectively, for my secondary education. I studied Law at Engu State University, went to the Nigeria Law School in Lagos and was called to the Nigerian Bar in 2003. Dr Olisa Agbakoba, SAN, gave me my first job where I worked as Project Officer at the Human Rights Law Service. He gave me my first break. I got a scholarship in 2005, to study International Human Rights Law at Central European University. When I returned I was hired as a Program Advisor by the Nigeria Bar Association, to help design and establish a Programs Department for the NBA. In 2008 I went to work as the Nigeria Country Manager for the Forum of Federations- a global network for federal countries. In 2010, I was hired as a Nigeria Analyst for the Open Society Initiative for West Africa (OSIWA). I subsequently, became Country Officer and Head of Office in 2013- a role I currently play. My career has been about using the law to promote good governance. Applying my legal skills on issues of policy development and policy analysis and ensuring that citizens are at the centre of governance. I founded the law firm of Thoughts & Mace in 2006. The law firm is focused on helping Government establishments and private organisations, understand how government’s policies and laws affect their work, and how they can fulfil their obligation under these laws. It is also focused on providing public policy expertise to key agencies of Government, in developing policies and crafting new legislation. Have you had any challenges in your career as a lawyer, and if so, what were the main challenges? Sure there have been challenges. I figure my first challenge as a lawyer was about

What was your worst day as a lawyer? Sometime in 2003, a good friend of mine was arguing his election petition case and wanted me to appear with him. I was visiting Enugu and couldn’t find a proper dark coloured suit to wear. I turned up at the tribunal in a cream coloured suit. Without going into details, it didn’t go very well. They wouldn’t even record my appearance.

Udo Jude Ilo

defining for myself the kind of lawyer I wanted to be. I was fascinated by the court room, but a bit challenged by its limitations. I wanted to be a change agent. To create new ideas and ensure that our democracy works for everybody. HURILAWS gave me the opportunity to find a balance- some background in court-room warfare, and a grounding in utilising the law and law making process, to push for change outside of the courtroom. My second challenge is a bit humorous- it was about writing. I realised years into my career that, when they say that you write like a lawyer, it was no compliment. Being an Advocacy Officer for my organisation, my boss Akwe Amosu taught me the difference between writing to communicate and writing to impress (writing like a lawyer). It was a bit of a struggle, adapting my writing to be infused with the right emotion, concise and conversational in a way that appeals to a larger audience.

What was your most memorable experience? Less than two months after law school and before the result of my Bar exam, my boss asked me to draft a brief for the Supreme Court. I remember it quite vividly. It was about the validity of the 2003 Electoral Act, and we were arguing that the law should be invalidated. Watching my boss argue the brief I drafted before the apex court was so very exciting. I felt inches taller. The second event I can never forget, was the Bar Conference in 2007. I was asked to write a speech for the CJN. That speech was read without any alteration. The then President of the Nigerian Bar Association- Olisa Agbokaba was giving me thumbs up seated beside the late President Yar’Adua. I felt so humbled and happy. Who has been most influential in your life? My biggest influence have been my parents especially my father, Igwe Vincent Ilo. He was a unique person. Deeply spiritual, exceptionally intelligent and unassumingly generous. He drilled in us the value of hard work. My mother is industrious and never believed anything is impossible. Those two shaped my values, my perception of the world and my heart. Another huge influence in my life is Dr. Martin Luther King. I am forever fascinated by his eloquence, courage and vision. His reflections are everyday companions. He

was a man who valued the law and the courtroom, and used both effectively for social re-engineering. Why did you become a lawyer? Simply because if you are considered smart and you studied arts, then you would automatically be a lawyer. On a serious note, I grew up very curious, critical and often argumentative. Everybody assumed I would turn out to be a lawyer. So somewhere in your head, you believe this is a good fit. I was privileged to have passed through the seminary in my secondary school days. I remember the day I was called to preach, the bible reading was about Paul’s insistence to be tried by the Emperor since he was a citizen of Rome. I was fascinated by his understanding of his civil rights and consistency in the Roman law. I was sold. What would your advice be to anyone wanting a career in law? Get into law for the rights reasons. It is a vast field, that shouldn’t be defined by court appearances alone. Look for the new and emerging opportunity and chart your own course. If you had not become a lawyer, what would you have chosen? Probably, I would be in the media or performing arts Where do you see yourself in ten years? I would want to be more engaged at a continental level, in promoting a brand of democracy that actually uplifts our people from poverty. Pushing for public interest lawyering, that places people above profit. I hope to have made a name for myself, as an authority in democracy studies and practices. I would want to play a bigger role, in mentoring young people to understand the value of service and hard work.

11.07.2017

Biafra and the Call for Referendum This interesting article by Wole Kunuji, examines the current agitation for Biafra by groups like IPOB and MASSOB, their call for a Referendum, and what he refers to, as their lack of a coherent agenda. He compares their agitation, to that of the agitation led by Dim Emeka Ojukwu in the late 1960's

The Flawed Federal Arrangement he vociferous agitation for “Biafra” by some groups in South-Eastern Nigeria, and the growing clamour for “restructuring” by individuals and groups in other parts of Nigeria, show quite clearly that there is something fundamentally wrong with the Nigerian federal system as presently structured. Those who choose to play the ostrich and pretend that this is not the case, are only living in denial. With time, they will have to confront reality. Nigeria’s federal arrangement, dominated, as it is, by a monolithic and domineering central government, represents the very antithesis of the federal idea. Not only is this federal arrangement fundamentally flawed, it mocks the democratic philosophy that underpins the federal system of government. The Problems with the Calls for the Sovereign State of Biafra: - Unpopularity The above notwithstanding, it must be emphasised that the problem does not admit of precipitate, rash or uncoordinated ameliorative approaches. If anything, the peculiar character of Nigeria as a complex multi- ethnic society, makes caution and tact essential in any rectification process. Much of what has been suggested by individuals and groups as the correct approach to the structural problem of the federation, appear too fantastic to be taken seriously. The renewed demand for the creation of a sovereign State of Biafra is particularly problematic for various reasons. First, the demand is mainly associated with the IPOB and a section of MASSOB. The Ohaneze Ndigbo, the apex socio-cultural organisation in South- Eastern Nigeria, has unequivocally dissociated itself from the Biafra agitation. More importantly, no political or elected leader in the entire region, has unequivocally declared support for the Biafra cause. Newspaper reports and social media commentaries, also show that many South-Easterners residing and doing business in and outside the South-East do not support the Biafra project. Put succinctly, the IPOB- led agitation for the creation of a sovereign state of Biafra, appears largely unpopular even within its own supposed stronghold. It lacks cogent popular support, the kind that is required to definitively stamp it with undisputed legitimacy. - Lack of Coherent Agenda Second, beyond its “secession” rhetoric, the IPOB has not articulated a comprehensive or coherent agenda for the actualisation and future sustenance of Biafra, neither has it defined clearly the boundaries of the proposed State of Biafra. It is not clear whether, as with the defunct Biafra of the 1960s, the Biafra being promoted by the IPOB will include the States that now constitute the South-South region of Nigeria or the project is simply restricted to the States that make up the present SouthEastern Region of Nigeria. It is well known that various ethnic organisations and political leaders in the South-South, have declared their opposition to any secessionist agenda. If the planned Biafra project is restricted to the South-East, it is not clear whether the IPOB has considered the recent denunciation of the Biafra cause by David Umahi, Governor of Ebonyi State, one of the five states in the South-East of Nigeria. Also, the IPOB has not confirmed or proved to the public that it has the express political support and consent of the other four States of the South-East to form Biafra.

to the Biafra side at the start of the war. Ojukwu had a real plan, a real agenda for Biafra. The boundaries of his “Biafra State”, were clearly defined. Of course the legality of his action is open to debate, but there is no doubt that that was what the Igbo people wanted at the time. The current agitation for Biafra, is clearly different from the one led by Ojukwu. The IPOB, is not an elected body representing the people of the South-East. And there is nothing to suggest that, the Igbos unanimously subscribe to its leadership in any way. It cannot therefore, unilaterally call for a referendum and then proceed to unilaterally impose a blockade on all political activities in the region, pending the referendum. Care must be taken not to plunge the Federation into avoidable chaos. From all indications, the renewed demand for Biafra, does not have the support of a vast majority of the Igbo people. Therefore, the Biafra agenda cannot and should not be imposed on them. - No Constitutional Provision for a Referendum Third, the IPOB has called for a referendum, and has proceeded to unilaterally impose a ban on political activities throughout “Biafra land”, until the Federal Government conducts the said referendum to determine the wish of “Biafrans” to secede from Nigeria and form their own independent State. There is no provision in the extant 1999 Constitution of Nigeria for a referendum, neither has a referendum ever being held in Nigeria’s chequered history. Our assessment of the political validity and legitimacy of the IPOB’s approach to the conduct of a referendum must thus be based on political practices and precedents in other democracies. For our purposes just two examples will suffice, that of Scotland in the United Kingdom and Quebec in Canada. A referendum to determine whether Scotland should pull out of the United Kingdom to form an independent state of its own, took place in September 2014 with the majority of Scottish voters, representing 55.3 percent of the electorate, voting “NO”. Instructively, although various pressure groups and community associations campaigned on both sides of the divide, it was the Scottish Parliament, acting on behalf of the Scottish people, that called for and organised the referendum. The Scottish Parliament consists of the elected representatives of the Scottish people. The 1995 Quebec referendum was similarly organised to determine whether Quebec, a French speaking Province of Canada, should quit the Canadian Federation to form an independent Quebecois State. The elected political leaders of Quebec were fully involved, and in fact, spearheaded the referendum process. Although there was significant clamour for independence across Quebec at the time, Federalists who felt that Quebec should remain within the federal union carried the day, having garnered 50.58 percent of the total votes cast. In a democracy, only elected leaders, acting on the actual and verifiable demand(s) of

the people they represent, can officially call for and put in motion the process for a referendum. The referendum is a serious instrument of popular or democratic affirmation. Due process and decorum, must accompany its use. The issue to be determined at a referendum must be such that fundamentally excites the passion of a sizeable portion of the concerned electorate, and one for which a democratic determination of direction has not only become necessary, but also urgent. In each of the two examples mentioned above, not only were the elected political leaders of the concerned region fully involved in the “independence project,” they in fact led the process, and the call for referendum in each case, was broad based, involving a majority of the people through their elected leaders. There was a general consensus in each case, that the issue to be determined by referendum was fundamental and of sufficient interest to the generality of the people concerned. Ojukwu's Biafran State v IPOB: The Difference The Biafra agitation led by Dim Emeka Ojukwu in the late 1960s, was evidently popular among the Igbo people at the time. There was a real and present danger, to the lives and livelihood of thousands of Igbo indigenes living in Northern Nigeria. There had been an unprecedented massacre of Igbo soldiers in the Nigerian Army by Northern officers, and the Federal Military Government had backed out of an agreement reached between it and Ojukwu at Aburi for regional autonomy. There was an overwhelming consensus on secession among the Igbo. Most importantly, even though he was not an elected leader, Dim Ojukwu was the undisputed de facto leader of the Igbo people at the time. His leadership was completely unchallenged. What is more, he had the full backing of the people, the artisans, the students, the politicians, the intellectuals, the clergy, and the leaders of thought. In fact, several soldiers of Igbo extraction in the Nigerian army defected

"THE CURRENT AGITATION FOR BIAFRA, IS CLEARLY DIFFERENT FROM THE ONE LED BY OJUKWU. THE IPOB, IS NOT AN ELECTED BODY REPRESENTING THE PEOPLE OF THE SOUTH-EAST. AND THERE IS NOTHING TO SUGGEST THAT, THE IGBOS UNANIMOUSLY SUBSCRIBE TO ITS LEADERSHIP IN ANY WAY"

Proper Procedure to Call a Referendum If a referendum must be held, certain procedures must be followed. First, the boundaries of the proposed Biafra and the States or communities to be included in it, must be unequivocally identified. Second, each of the relevant Houses of Assembly, must pass a resolution confirming the desire of the relevant State to be part of Biafra. Third, all the consenting Houses of Assembly must jointly present a “Biafra Independence Referendum Bill” to the National Assembly of Nigeria. The Bill will contain a clause summoning the referendum. It will also define expressly, the question to be put to the electorate of the concerned States. The Bill must also state the date on which the referendum will be held, the electoral body to conduct the referendum, and the rules which would govern the holding of the referendum. This bill must be passed by both Houses of the National Assembly of Nigeria, and assented to by the President of Nigeria. Only then can the referendum be held. Evidently, the threshold for such a referendum is very high indeed. It is certainly unlikely to ever happen. The reason is simple. Once it is allowed for the South-East, the South-West, the South-South and perhaps the North-Central, will soon demand for their own independent States. And this will continue until the Federation is completely dismembered. Even if this happens unhindered, bitter fratricidal wars and battles may soon break out within the newly independent States as their different ethnic and tribal groups struggle for power, relevance, and ascendancy. Ultimately, the entire West African sub-region will be thrown into unimaginable war and crisis. The bitter experience of South-Sudan, a country that broke away from Sudan in 2012, is enough to caution even the most unrepentant secessionists in our midst. What Nigeria Requires What Nigeria requires is not secession. What the Federation requires is not dismemberment or dissolution. The solution to Nigeria’s federal problem, is a restructured political arrangement under which the existing States of the Federation, are allowed to evolve and grow at their own pace, controlling their own internal affairs, and generating their own revenue, without compromising the unity and integrity of the Nigerian Federation. It is to the attainment of this objective, that all our energy and attention as a nation must now be directed. Wole Kunuji, Managing Partner, Lex Lata (A democracy, Law and Governance Consultancy) Lagos

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11.07.2017

Professor Akin Oyebode PHOTOS: Kolawole Alli

â€˜Nigeria, Not Ready for Another Warâ€™ Professor Akin Oyebode is unarguably unrivalled in many spheres. He is a delight to interview, as he never shies away from expressing his views on any issue. Fearless, cerebral and sometimes acerbic, Professor Oyebode has taught law in Nigerian Universities for almost four decades, including being Vice Chancellor of the University of Ado Ekiti. Five months shy of 70, the Professor of Jurisprudence, who is very much sought after in the international academic circuit, spoke to Onikepo Braithwaite and Jude Igbanoi on a wide range of national and professional issues, including the vexatious issues of judicial corruption, marauding faulani herdsmen and war mongering

rof, do you think that anything useful has been achieved from the DSS raids on the Judges in October, 2016? Are you satisfied with the outcome of the proceedings against the Judges so far? The raids on residences of judges by the DSS at an unholy hour, might have

resulted in the seizure of exhibits, but have been vitiated by the ostensible flouting of due process and should, therefore, be strongly deprecated. It is improper, to seek to enforce the law through its breach. The whole thing smacks of the excesses of the court of Star Chamber in 14th century England, and should not be encouraged in modern Nigeria. Given the facts of and proceedings in the case, was the Code of Conduct Tribunal right to uphold the No Case

"I AM ON RECORD, AS HAVING BEMOANED THE LACK OF A STRATEGY TO COMBAT CORRUPTION IN THIS COUNTRY"

Submission in the Senate President's case? The matter is still sub judice, but on the basis of popular perception, it would appear that justice is yet to be served in the Saraki case. We can only await the appellate decision, since three good heads are arguably superior than what one or two judges of an inferior tribunal have come up with. How would you rate Government's fight against corruption so far? Do

11.07.2017

COVER/9

"EVEN IF WE CONSIDER CAPITAL PUNISHMENT AS TOO DRACONIAN, WE SHOULD NOW CONSIDER LOCKING UP THOSE ADJUDGED GUILTY OF CORRUPTION AND THROWING AWAY THE KEYS!"

you think Government has recorded any significant successes or do you like many others, believe that Government and its agencies, are only good at media hypes that yield no useful results, like the case of the money found in the Osborne Towers flat, of which nothing has been heard about since the discovery? You are very well known to have an avid aversion for corruption. Today, every imaginable approach to tackle this systemic monster, has so far defied solution. Some have even said that corruption can never be brought to an end in Nigeria. What are your thoughts on how Nigeria can overcome this problem permanently? I am on record, as having bemoaned the lack of a strategy to combat corruption in this country. The jabs at the local tentacles of a global octopus while deserving some commendation, needs to be complemented by a wholesale rethinking of our inherited criminal jurisprudence. The adversary system borrowed from England, reflecting procedural safeguards such as presumption of innocence and onus of proof on the prosecution, I believe, can do with some overhaul, by taking a look at the French system of putting the onus of proof on the accused instead of the State. Some may frown at this suggestion, but it seems to me that, as a people, we should reconsider a jurisprudence that has enabled big camels to pass through the eyes of the needle. We should enquire

how a British- trained barrister such as Lee Kuan Yew, could trim the excesses of British law and practice and succeed in whittling down corruption to the barest minimum in Singapore. Besides, I believe it is about time we reviewed our penal sanction in respect of corrupt practices. Even if we consider capital punishment as too draconian, we should now consider locking up those adjudged guilty of corruption and throwing away the keys! Agreed that certainty of punishment better serves the interest of deterrence, a lot more than severity, as Bentham had suggested, slapping the corrupt on the wrists, should no longer be the case if we seriously wish to combat the ogre of corruption. Hopefully, the new Federal Government Guidelines on combating corruption will go a long way in containing the virus, especially

if confiscation of ill-gotten wealth and unjust enrichment generally, is placed on the front burner. President Muhammadu Buhari has been away in the UK on his second medical trip this year. Some are calling for his resignation, citing incapacity to rule as the reason, saying that it is obvious that the Federal Executive Council is unlikely to invoke Section 144(1) of the Constitution against him, while others believe that the President's absence is unimportant, as the Acting President is holding the fort adequately. What is your view on this matter? Well, the operating Constitution has made provision for such exigency, having learnt necessary lessons from the Yar’Adua imbroglio. Presidents and Heads of State becoming indisposed, are situations not unknown in history hence their Deputies

are usually on stand-by to stand in. It is obvious that, Buhari could not have wished incapacitation on himself hence, we have to sympathise with him and wish that he recovers soonest, more so as Prof Yemi Osinbajo has been admirably fulfilling his call. Anything short of that, would be most uncharitable and indecorous. Asking him to resign could set in motion consequences that no-one can foresee. One way or another, things would work out. The agitation for the restructuring of Nigeria has reached some sort of climax. Some have argued that no other Confab on restructuring is necessary, as the actualisation of the Report of the 2014 Confab may be the answer. Do you agree? Groups like IPOB think that secession is the answer. Others say Section 2(1) of the Constitution which provides that Nigeria is an indivisible and indissoluble Sovereign State, should be our watchword. What form do you think that the restructuring should take? I was a member of the Confab, and I must confess that I was saddened by the decision of the Buhari Presidency, to consign the Report that came out from the Confab to the archives. Going by the caliber, diversity, intensity and rigour exhibited by the participants, it would simply have been dysfunctional and counter-productive for the country not to avail itself of the decisions struck during the deliberations. However, as fate would have it, there is now overwhelming support among Nigerians, for revisiting the conclusions arrived at therein. Those canvassing referenda on the destiny of the country, are merely grandstanding and speaking through their hats. We are not in Scotland, Catalonia or Quebec and other places, seeking referenda or plebiscites to reinforce their national identity. Dissolving well established subjects of international law in today’s world can only come about via sweat, blood and tears and I do not believe that Nigerians are ready to fight another war. What we need more than anything else, is to iron out the rough edges of our country’s fundamental law, by adopting more inclusive and integrative modalities of our co-habitation. We should all realise that, no part of the country can go it alone and we are better off living together in a single country founded on peace, equity and justice, rather than people insisting that it is either their way or the highway. The Soviet Union where you studied disintegrated at a time when it was the envy of other world powers. Today CONTINUED ON PAGE 10

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11.07.2017

'NIGERIA, NOT READY FOR ANOTHER WAR' CONTINUED FROM PAGE 9

Brexit is taking its toll on the European Union, while England is battling with the agitation of Scotland and Wales to exit. What lessons are there for Nigeria and the WestA frican Sub region? The end of the USSR, can be considered a consequence of misplaced nationalism and a beggar-thy-neighbour mentality. Nevertheless, we need to learn the correct lessons, that not paying attention to lack of cohesion, mutual respect and equality of status and opportunity, could prove fatal to any heterogenous country. This much we can discern from the demise of the Soviet Union, Yugoslavia and Czechoslovakia, but comparing the situation in Nigeria to Brexit is, quite frankly, comparing apples and oranges. What kind of results do you think Government's new initiative on Tax Defaulters, the Voluntary Asset and Income Declaration Scheme will yield? The policy of the Federal Government regarding amnesty for tax defaulters, and widening the tax net to capture foreign assets belonging to Nigerians is bold, imaginative and innovative, for which its authors deserve accolades. It is my view that, the country would most likely surpass the one billion dollar target envisaged under the scheme. Recently, Honourable Justice Tsoho of the Federal High Court, declared the 2015 NBA Amended Constitution null and void, due to its failure to comply with Section 598 of CAMA. What is the effect of this judgement on the NBA leadership? It is my considered opinion that, the decision has effectively taken the wind off the sails of the present NBA leadership. Of course, the judgement could be taken upstairs, but, for now, everything is in abeyance. That the Niger Delta is polluted from the activities of oil companies and the area is underdeveloped are facts. However, some believe that the agitation of the Niger Deltans at the inception of the Buhari Administration, was politically motivated against the present Government, simply to foment trouble, since it did not seem to be as loud when Jonathan, a son of the Niger Delta was President. Do you agree? Be that as it may, what do you think Government must do to clean up and develop the Niger Delta effectively, as opposed to the half hearted efforts that have been made in the past? Well, to any objective observer, the attitude of the Niger Delta militants at the present point in time, would appear to be politically motivated, without prejudice to the fact that the country should take greater care

of the goose that lays Nigeriaâ€™s golden eggs, through meaningful restoration and remediation of the degraded environment, which had rendered the area inclement and inhospitable. Consequently, Nigeria has to assuage the festering sore that the Niger Delta has become. You have practically seen it all in the Nigerian university system, as Lecturer, Dean and Vice Chancellor. There is now, this worrisome trend of the dearth of professors of Law with PhD degrees in our law faculties. What is the possible implication of this on academic excellence in our law faculties? How can the trend be reversed? I have news for you. Many more young law lecturers have apprehended the wisdom in pursuing Ph.D.s. At a time at the University of Lagos, I was the only professor of law with a doctorate, but that is no longer the situation. Many middle class Nigerians now prefer to send their children to foreign universities. Some even now send their children and wards to universities in Ghana and Benin Republic. The emergence of private universities doesnâ€™t seem to have helped. As one who has been in the system for decades, how can this problem be stemmed in its tide?

"WE SHOULD ALL REALISE THAT, NO PART OF THE COUNTRY CAN GO IT ALONE, AND WE ARE BETTER OFF LIVING TOGETHER IN A SINGLE COUNTRY FOUNDED ON PEACE, EQUITY AND JUSTICE, RATHER THAN PEOPLE INSISTING THAT IT IS EITHER THEIR WAY OR THE HIGHWAY"

Nigerians, like many people, usually believe that the grass is greener abroad. I would concede that the facilities in our universities are not at par with foreign institutions, but it must be emphasised that, there is a lot of merit and benefit in studying at home, at least for the first degree, after which our kids can then go abroad to sharpen their skills and test their wits against others. However, the benefits of local undergraduate training, I believe, outweigh expensive foreign university education. What we need to do, is to put our money where our mouths are, in order to make our higher educational institutions more effective in a highly competitive world. If we make the requisite investment in our universities, before too long we would be in a position to challenge the best foreign universities. The menace of the ravaging Fulani Cattlemen has continued unabated and hundreds of lives have been lost. Now many states, including Edo, Benue, Ekiti, Kwara and others are hurriedly enacting one form of a grazing bill or the other. Would you say this will bring the much needed panacea to the problem? The antics of these herdsmen are antediluvian, retrogressive and uncaring. While they treasure their livestock a lot more than the lives of sedentary farmers, pastoralists have to be made to respect the equal rights of others to cultivate their crops, in order to make a living, hence the necessity for ranching as is done in better organised societies. Even here in Africa, it can be recalled that Siad Barre, President of the Somali Democratic Republic from 1969 -1991, effectively settled his nomadic people, by making them appreciate the benefits of live and let live through ranching. I believe that, the time has now come to engage our herdsmen and encourage them to realise that, their practice of open grazing is archaic, anti-social and untenable. The world has never been a more dangerous place than now. The Middle East is presently so devastated. Terrorism is palpable on every continent and every country, including Nigeria, dealing with insecurity and its international dimensions. What is the way out of this? How well do you think our Government has done in the fight against Boko Haram? The Nigerian military, until recently, lacked the capacity to handle asymmetrical guerilla warfare. They are now closing the gap and have demonstrated increased capacity, to contain bandits masquerading as religious zealots. They have, by and large, fought the insurrectionists to a standstill and should, much sooner than later, put the Boko Haram terrorists in the past tense.

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Statements by Professor Itse Sagay, SAN

Buhari/Osinbajo, Great Men on a Rescue Mission

ince the passage of our First Leaders, like Awolowo, Azikiwe and Ahmadu Bello, we have not been lucky enough to have highly principled, consistent, committed men of great integrity and honour, like President Buhari and Acting President Osinbajo. Perhaps the only other previous administration close to the present one, is the Murtala Mohammed/Obasanjo Administration. Having been victimised, brutalised, looted, marginalised, and contemptuously treated by past Administrations, particularly the 12 year torture and brigandry of the PDP, Nigerians are extremely lucky that Buhari and Osinbajo, have come on a rescue mission to bring us back from the brink of destruction. We now have Leaders who are in office to serve Nigeria, and who stand on integrity and high principles. By the statement released by the Acting President tonight, vowing that he and the President will stand by Ibrahim Magu

to the end, we are reassured that, if you are committed to your duties and exhibit integrity, an intrepidity and indomitable spirit in your work, no power on earth can shake you. All evil powers who are holding Nigeria hostage by their unbridled corruption, arrogance, vanity and vindictiveness, will be defeated. The message of Buhari and Osinbajo in the Magu saga, is that they have the courage, determination and commitment, to fight evil to a standstill, and that the darkness of corruption, will not be tolerated in the bright light of a sane, sanitised and corruption free society, that they are trying to establish in Nigeria. Let all of us, Nigerian masses, come out in our millions, to stand shoulder to shoulder with these exceptional leaders, to kick evil, fraud, looting and corruption out of Nigeria. I am personally elated that I have now found an Administration, that I am ready to serve with all my heart because of their basic decency and love for Nigeria. Congratulations Mr. Acting President. Prof Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption

President Muhammadu Buhari and Vice-President, Professor Yemi Osinbajo, SAN

Pronouncements of the President and Acting President on Matters of Executive Power or Authority: Legal Status

he Attorney-General of the Federation (AGF), has been quoted by the press as having stated that the Acting Presidentâ€™s statement that the powers of Presidential Appointment of heads of agencies and extra-ministerial departments is solely vested in the President and not subject to Senate confirmation, are the views of the Acting President alone, since that issue has not been brought before the Executive Council of the Federation popularly known as FEC. I sincerely believe that, the AttorneyGeneral has been misquoted about making such an outlandish statement. The Constitution is clear on whom the Executive Powers of the Federation is vested. By Section 5(1) of the Constitution, the Executive powers of the Federation shall be vested in the President, not in the Executive Council of the Federation. By Section 148(1) of the Constitution, â€œThe President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation, responsibility for any business of the Government of the Federation. Then by Section 148(2)(c), the Vice President and all the Ministers of the Government of the Federation, are conferred the role of advising the President generally, in the discharge of his Executive functions other than those functions with respect to which he is required by the Constitution to seek the advice or act on the recommendation of any other person. What all these provisions go to establish, is that the President or Acting President, when that situation arises, is the Sole Executive Authority of Nigeria. Ministers and the Executive Council of the Federation have no executive authority outside what is granted them by the

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

President or Acting President. As already noted, the President appoints the Ministers who constitute the Executive Council of the Federation at his sole discretion, and gives them any responsibility at his sole discretion. The President has a power not only to appoint Ministers, but also to dismiss them at will.

The President being the Sole Executive Authority, the discussions and decisions of the Executive Council of the Federation, are merely advisory and not binding on him. There can be no separate Federal Executive Council opinion or views or policy, outside what the President or

"THE CONSTITUTION IS CLEAR ON WHOM THE EXECUTIVE POWERS OF THE FEDERATION, IS VESTED. BY SECTION 5(1) OF THE CONSTITUTION, THE EXECUTIVE POWERS OF THE FEDERATION SHALL BE VESTED IN THE PRESIDENT, NOT IN THE EXECUTIVE COUNCIL OF THE FEDERATION"

Acting President expresses. With minor exceptions, as in Section 144, (permanent incapacity of the President and Vice President), the Executive Council of the Federation only has legal status when presided over by the President or Acting President. Therefore, in the context of this discussion, the views or opinions expressed by the Acting President, constitute the views and opinions of the whole Executive Arm of the Federation. There is therefore, no need or requirement for a separate meeting of FEC, to discuss or approve an opinion or view already expressed by the President or Acting President. For that will be, the tail trying to wag the dog. It is a Constitutional absurdity. The views and opinions of the Executive Council of the Federation, have no legal relevance whatsoever, unless the President or Acting President was present and presiding at that meeting. FEC cannot have views that are separate or different from those of the President, or where applicable, the Acting President; otherwise, that will constitute gross insubordination and misconduct that can lead to dismissal. It is the President and Vice President, who are elected to exercise executive power. Ministers are mere unelected appointees of the President, who assist him as he wishes, to carry out his responsibilities. They cannot legally exist outside the President, their appointor. Therefore, the slant being given to the statement of the Attorney- General of the Federation, namely; that the FEC is entitled to meet in order to express an opinion or views on a matter on which the President or Acting President has already expressed his views or opinions, is wrong, misleading and totally unconstitutional. Prof Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption

11.07.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR Actual Stupid Questions Asked

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Please, advice us on how we can get our father out of the mess he will likely find himself in soon. I came back from Bayelsa State where I am presently doing my NYSC, to find that my father had stood bail and surety for one of our very troublesome neighbours. The man claims to be a clearing and forwarding agent, but we are not really sure of what he does for a living. He was arrested and accused of fraudulently obtaining large sums of money from three different persons, on the pretext that he would help them arrange to buy cars that are being auctioned at Tin Can Port. I was told that my father was the only one in the neighbourhood, who went to the police station to see him, and he said he was persuaded by the man to stand surety for him when he was arraigned at the Magistrate Court and the Court granted him bail. I know my father took this wrong decision, because there was no one there to advice him. There is every likelihood that the man may abscond, and I don’t want my father to be arrested and detained in place of someone who we don’t even know his exact home town or village. My father is 68 years old and recently retired, and we are worried about this surety situation. Please,

what can we do to get our father out of this impending trouble? R. E., Idi Araba, Lagos. Dear R.E., I agree with you; indeed, your father was careless in agreeing to stand surety for someone whose character he knows is less than perfect. Some people make these mistakes and they get into trouble sooner than later. That is why a lawyer’s advice is indispensable on issues like this. I am sure a lawyer represented your neighbour in Court that day, and I am sure it was the lawyer who arranged the bail. However, if your father wants to opt out or discharge the surety, the law allows him to do so. The Lagos State Administration of Criminal Justice Law, 2011 provides in Section 129 (1) that "Any surety may at any time apply to the court to discharge the recognisance either wholly or so far as it applies to the applicant". (2) "On such application being made, the court shall issue a warrant of arrest directing that the defendant be brought before the court." Section 3 provides that in such situations, the defendant shall be required to provide sufficient surety and enter into a fresh recognisance. You must contact a lawyer immediately, to further advice you on this, and take the necessary steps to disentangle your father from this matter.

STOP FORCING SUSPECTS TO MAKE CONFESSIONAL STATEMENTS CONTINUED FROM PAGE 5 event, which was chaired by Professor of Law, Egerton Uvieghara, who was represented by Professor Joseph Abugu, Managing Editor Online and Special Publications, The Nation Newspapers, Mr. Lekan Otunfodunrin, reminded journalists of the constantly changing nature of their profession. Otunfodunrin, who spoke on the topic 'Journalism in the 21st century: Opportunities and challenges', urged journalists to keep up with technological innovations, to improve their skills or risk losing their livelihoods to new media practitioners. "New media has disrupted the traditional journalism which most of us were trained in and have been practicing for years, there is the need to be alert to new developments in our profession, to avoid becoming a relic.

"Not only has new technology demystified our agelong claim to being Gate Keepers and turned us into purveyors of stale information, the economic recession is gradually strangulating our operations. "In the sense that there are massive layoffs and poor or non-payment of salaries, sales of newspapers and advertising are also low, with what most media houses generate not being enough to meet many other obligations apart from salaries. "Instead of living in denial about our precarious circumstance or dismissing the threat of the new media, it is important that journalists get themselves well acquainted with the new trend with technology. "There is an urgent need by all to take our destiny in our hands, especially for those of us, who don't know any other thing to do than journalism", he added.

COURT FREES BUSINESSMAN OF ALLEGED MURDER, ARMED ROBBERY CONTINUED FROM PAGE 5 days on remand at Ikoyi Prisons, for these trumped-up charges. When the case came up at the Chief Magistrate’s Court, last week, Chief Ezeamama’s counsel, Adegboruwa, moved the court to strike out the remand proceedings, in view of the advice from the office of the DPP and also the order of the High Court granting bail to Chief Ezeamama. However, Mr. Cyril Ejiofor, who represented the

police, vehemently opposed the application to strike out the case, insisting that the police was now willing to file fresh charges against Chief Ezeamama. In her ruling, Chief Magistrate A.M. Komolafe, reviewed the facts of the case, and stated that since the High Court has already assumed jurisdiction over the case, the Magistrate Court could not be conducting concurrent proceedings with the High Court. She then struck out the case against Chief Ezeamama.

Actual Stupid Questions Asked The below excerpts appeared in the Salt Lake Tribune. They were taken from real court records. Now doctor, isn't it true that when a person dies in his sleep, in most cases he just passes away quietly, and doesn't know anything about it until the next morning? Q: What happened then? A: He said, "I have to kill you because you can identify me." Q: Did he kill you? Was it you or your brother that was killed in the war? The youngest son, the 20-year-old, how old is he? Q: She had three children, right? A: Yes. Q: How many were boys? A: None. Q: Were there any girls? Were you alone or by yourself? Q: I show you Exhibit 3 and ask you if you recognise that picture? A: That's me. Q: Were you present when that picture was taken? Were you present in court this morning when you were sworn in? Q: You say that the stairs went down to the basement? A: Yes. Q: And these stairs, did they go up also? Q: Now then, Mrs. Johnson, how was your first marriage terminated? A: By death. Q: And by whose death was it terminated? Q: Do you know how far pregnant you are now? A: I'll be three months on March 12th. Q: Apparently then, the date of conception was around January 12th? A: Yes. Q: What were you doing at that time? Do you have any children or anything of that kind? Was that the same nose you broke as a child? Q: Mrs. Jones, do you believe you are emotionally stable? A: I used to be. Q: How many times have you committed suicide? So, you were gone until you returned? You don't know what it was, and you didn't know what it looked like, but can you describe it? Q: Have you lived in this town all your life? A: Not yet. ATexas attorney, realising he was on the verge of unleashing a stupid question, interrupted himself and said, "Your Honour, I'd like to strike the next question." Q: Do you recall approximately what time you examined the body of Mr. Huntington at St. Mary's Hospital? A: It was in the evening. The autopsy started about 5:30 pm Q: And Mr. Huntington was dead at the time, is that correct? A: No, you idiot, he was sitting on the table wondering why I was performing an autopsy on him!

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11.07.2017

THE CANVASS MICHAEL NUMA

michaelnuma@thecanvasscolumn.com

Bankers Confidentiality in the Era of Whistleblowing - Dead or Still Breathing?

Right to Maintain Privileged Information s laudable and mind boggling as the recoveries made vide the whistleblowers policy by the FGN over the last couple of months is, it has undoubtedly eroded some very sacred, some constitutional and contractual rights of the citizens, especially in the absence of a well defined framework. One of such rights, is the right to maintain privileged information under the banker-customer relationship. The scope of this article, is with respect to the disclosure made by financial institutions, in the face of fiduciary duties to their customer and the relevant justification. The extent of Banker-Customer relationship, was expounded by Lord Alkin LJ in the Locus Classicus of TOURNIER v NATIONAL PROVINCIAL & UNION BANK OF ENGLAND (1924) 1 KB 461 wherein he describes the basic duty of confidence in his judgement as follows: “it clearly goes beyond the state of the account, that is whether there is a debit or a credit balance, and the amount of the balance. It must extend, at least, to all credit balance that go through the account, and to the securities, if any, given in respect of the account, and in respect of such matters it must, I think extend beyond the period when the account is closed, or ceases to be an active account.... I further think that, the obligation extends to information obtained from sources other than the customers actual account, if the occasion upon which the information was obtained arose out of the banking relations of the bank and its customers, for example, with a view to assisting the bank in coming to decisions as to its treatment of its customers...” Consequences of Reduction in Levels of Bank Secrecy The principles around confidentiality have continued to evolve, in most cases at the expense of the customer, but often to the benefit of the public. After the global financial crisis, politicians in most jurisdictions have resorted to alternative means of securing their funds, in a bid to reduce the levels of bank secrecy. Likewise in Nigeria, upon the pronouncement of the present administration anti-corruption drive and mandatory implementation of some KYC (Know Your Customer) policies, such as the unified Bank Verification Number (BVN), persons and corporations have resorted to ingenious and unscrupulous methods of warehousing funds, as an alternative to avoid disclosure. The discovery of funds in a rural town in Kaduna State, purportedly belonging to the former GMD of NNPC is a case in point. Consequently, statutory exceptions have increased in most national laws where public policy is seen to override confidentiality, all in a bid to prevent money laundering, tax evasion and even terrorism funding. On the contrary, in the UK, most financial institutions, are subjected to legislation designed to protect individuals with regard to the processing and transfer of personal data. The first EU wide directive was passed in 1995 and was implemented in England by the Data Protection Act 1998. A new general Data Protection Regulation is due to come into force in the EU in 2018. In NOVOSHIP (UK) v NIKITIN (2014) AER, the English Court of Appeal held that banks may enter into confidentiality agreements or undertakings with customers, under which express contractual obligations arise. However, regulatory and legal requirements are placing different obligations on banks to

request and retain some information and, at the same time, not to keep or misuse information. Accordingly, banks have to try to reconcile a number of different rights and obligations in their day-to-day dealings with their customers, and meeting the obligations imposed by law. The Nigerian Context It is pertinent at this juncture to give a context with the same happenings in Nigeria, with respect to the operations of the EFCC and other sister agencies, that has created this conundrum. It is now common knowledge that the EFCC upon receipt of a tip-off from a whistleblower, causes a mere letter to the bank demanding the disclosure of sensitive data belonging to the customer and as the cases have revealed, that the banks quickly oblige them for fear of the unknown. The position of the Nigeria law with respect of Mandatory disclosure can be found in Section 10(6) of the Money Laundering (Prohibition) Act, 2004 provides thus: “...when it is not possible to ascertain the origin of the funds within the period of stoppage of the transaction, the Federal High Court may, at the request of the agency, or other person or authority duly authorised in that behalf, order that the funds, accounts or securities in the report be blocked” (underlining mine). Section 34 of the EFCC Act also provides thus: “Notwithstanding anything contained in any other enactment or law, the chairman of the commission or any officer authorised by him may, if satisfied that the money in the account of a person, is made through the commission of an offence under this Act and/or any of the enactments specified under Section 7(2) (a) to (f) of this Act, apply to the court ex parte for power to issue an order as prescribed in form B of the schedule of this Act, addressed to the Manager of the bank or any person in control of

the financial institution of designated non-financial institution where the account is or believed by him to be or the head office of the bank, other financial institution or designated non-financial institutions to freeze the account”. Within the context of these sections, it is the writer’s contention that, the law clearly sets out a condition precedent before such disclosures can be validly made by the bank, which is by presentation of an order of court. A letter from the Chairman of EFCC or any authorised agent, cannot with respect, suffice in the place of an enrolled order. The Supreme Court in NIGERCARE DEVELOPMENT CO. LTD v ADAMAWA STATE WATER BOARD (2008) 9 NWLR (Pt 1093) 498, at 520 and 521 Para E & C respectively defines a condition precedent as one which delays the vesting of a right until the happening of an event. It is the writer’s further contention that the concomitant effect of the foregoing, is that the banks are under no legal obligation to make disclosures or place a PND on a customers account, without an order of court to that effect. The position was enunciated in A.C.B INTERNATIONAL BANK PLC v ADIELE (2013) 3 BFLR pg 30 at 42-43 thus: “that inequitable and iniquitous decision was effected by the appellant, and amazingly, without authorisation from the respondent or any court order, dipped in and froze the bank account of the respondent with her and appropriated the money in the respondent's savings account. This, is to say the least, arbitrary and a naked abuse of power” Conceivably, the law creates some exceptions for disclosure which will be treated anon, albeit so, the disclosure compelled by the EFCC and other sister agents towards forfeiture of an individual asset contrary to the prescribed procedure by law, is illegal and unconstitutional. It will amount to ultra vires its powers, for such forfeiture to be embarked by the commission, when the party so alleged

"THE METHODOLOGY EMPLOYED BY THE EFCC IS UNJUSTIFIABLE, AS ADJUDGED BY JUDICIAL DECISIONS, AND CERTAINLY DOES NOT FALL WITHIN THE PURVIEW OF EXCEPTIONS, AS IT WILL BE OF PUBLIC INTEREST, IF THE RULE OF LAW IS CONFORMED WITH TO ALL AND SUNDRY, BEFORE DISCLOSURE FOR THE SO-CALLED “PUBLIC GOOD"

to have either laundered monies or acquired monies that are proceeds of crime has not been made a party in any proceeding in court, affording him an opportunity to the order directing the mandatory disclosure. In DIAMOND BANK LTD v GENERAL SECURITIES & FINANCE COMPANY LTD (2008) LPELR- 4035 CA thus: “Surely, a man deserves to be confronted with his crime before he is condemned. Indeed, by the provisions of Section 36 of the 1999 Constitution, he will not only be notified, he is entitled to be heard after due preparation. He is not only to be informed and confronted with the allegation; he is entitled to be a part of the process of proving the said allegation and is entitled to state his bit before he is condemned” This position was further reinforced by the decision in FIDELITY BANK PLC v BAYUJA VENTURES LIMITED & ANOR (2013) 1 Banking & Finance Law Report pages 134-135 the Court held thus: It amounts to nothing more than a resort to self-help, which is unacceptable, and which amounts to lawlessness and brigandage, for the appellant to unilaterally freeze the account of the respondents. No one is allowed to resort to self help, if not we shall all descend into a state of anarchy”. On the strength of the foregoing, the writer posits that it is incumbent on the banks to justify the source of the authority, before making disclosures or proceeding to place a lien or PND on a customer’s account. The confidentiality doctrine, entails that a bank cannot nilly willy divulge sensitive customer data without the proper authorisation, in this case a valid order of court, expressly directed at the bank to treat the customer’s account. Conclusion The Tournier decision (supra) creates some justifiable exception for disclosure by financial institutions, albeit so, the methodology employed by the EFCC is unjustifiable, as adjudged by judicial decisions, and certainly does not fall within the purview of exceptions, as it will be of public interest, if the rule of law is conformed with to all and sundry before disclosure for the so-called “public good”. Therefore, financial institutions being a rubber stamp at the wave of a mere letter, or without being satisfied that the due process of law has been conformed with, gradually kill the sacred contractual doctrine of confidentiality at the behest of the authorities.

11.07.2017

/15

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Restoring Sanity On Our Roads: Is FRSC’s Psychiatric Test the Answer?

T Introduction

he Federal Road Safety Commission, has reportedly commenced compulsory referral of motorists for psychiatric tests in connection with four specified infractions of the Road Traffic Regulations, namely use of mobile phones, dangerous driving and traffic light and route violations. However, not a few motorists have expressed concern about the implementation of the policy, given its obvious invasiveness and the fact that motorists will bear the cost of the tests. Does the Commission or its operational arm, the Federal Road Safety Corps, have that power under the law? We shall presently investigate, but first . . . Who can regulate road traffic in Nigeria? This question is pertinent, in the light of divergent relevant provisions of the Constitution and the FRSC Act, 2007. This is because, whilst the Constitution empowers the National Assembly to regulate only “traffic on federal trunk roads”, the FRSC Act purports to empower the FRSC to operate on “all public highways”. See Section 4(3) and Item 63 of the Exclusive Legislative List of the Constitution and Section 15 of the FRSC Act. By virtue of Section 27 of the Federal Highways Act, 1971, federal trunk roads are as designated by the Minister of Works, through notification in the Federal Gazette. They are usually inter-state highways. As for the Act, Section 30 thereof defines a“public road” as “a Federal, State or any type of road used for passage by commuters”. What is the legal status of the Psychiatric Test? Beyond the constitutional limitations on the operational scope of the Federal Road Safety Corps (FRSC), the competence of the Corps to prescribe mandatory psychiatric tests for motorists depends on the law, namely, the FRSC Act, 2007 and the National Road Traffic Regulations, 2012. Neither of them expressly empowers the FRSC to subject motorists to such tests. Rather, it appears that such power may only be inferred from the following provisions, i.e., Sections 10(4)((j) & 21(1) of the Act, and Regulations 221(1)(e) and 231 of the NRTR. They provide as follows, respectively: - Section 10(4)(j): “In the exercise of the functions confirmed by this section, members of the Corps shall have power to arrest and prosecute persons reasonably suspected of having committed any traffic offence including driving a motor-vehicle on a highway recklessly or negligently or at a speed or in a manner which is dangerous to the public” - Section21(1): “A person who drives a motor vehicle on a highway dangerously or recklessly shall be guilty of an offence and liable on conviction to a fine of N50,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment” - Regulation 221(1)(e): “The Commission in conjunction with any other appropriate authority may prescribe additional precautionary measures to reduce the rate of accidents by prescribing anything

which shall ensure the effective enforcement of these Regulations and all other matters pertaining to or likely to enhance safety on the highway”. - Regulation 231: “In these Regulations, unless the context otherwise require, ‘appropriate authority’ includes the Police, Commission, Licensing Authority, Vehicle Inspection Officers, Director Federal Highways, Directors of Engineering of the States, Local Government Supervisory Councillors of Works, Security Agencies, etc.” It is clear from the foregoing that the validity of the Commission’s psychiatric tests depends on two factors: (i) Whether the tests can reasonably be said to be contemplated by the said provisions of the Act which prescribe fines and imprisonment for ‘reckless driving’ as well as those provisions which empower the Commission to prescribe such further or other measures by way of precautions which are geared towards reduction of accidents or enhancing highway safety; (ii) With particular regard to the Regulations, whether any conditions precedent for their validity exist, and if so, whether they have been complied with. Starting with the first, I submit that to the extent that the Act has made specific provisions for penalising reckless driving, they override any general provision either in the Regulation or in a policy initiative of the Commission – such as the psychiatric tests. This is because of the rule of statutory interpretation known as generalia specialibus non derogant - special things derogate from general things - see MADUMERE v OKWARA (2013) LPELR 1 @ 15-17. In practical terms, this means that a motorist can reject the psychiatric test and insist instead, on the fine payable

under the Act for reckless driving. Having regard to the rule against double jeopardy under Section 36(9) of the Constitution, the test and the fine cannot be complementary, but are rather mutually-exclusive. However, the power of the Commission to impose fines is itself not absolute, as by virtue of Section 5(r) of its enabling Act, such fines require the approval of the National Assembly to be effective. There is nothing to show that such approval was obtained prior to the enactment of the various provisions of the National Road Traffic Regulations 2012, which prescribe the payment of fines. If that, in fact, is the case, those provisions are obviously ultra vires the Commission and invalid. Furthermore, the Road Traffic Regulations prescribe two conditions for the issuance of drivers’ licenses: passing a driving test conducted by a Vehicle Inspection Officer and possession of a certificate of vision acuity and general fitness issued by a Government hospital: Regulations 24(6) and 26 of the NRTR. The Regulations don’t empower the Corps to refer a motorist back to a hospital for further tests – either psychiatric or otherwise – after the FRSC has issued a licence to the motorist on the strength of a previous certificate of fitness issued to him or her by a Government hospital. In other words, the FRSC is estopped from questioning the correctness of the previous medical certificate issued to a motorist, and by implication, his or her sanity. See Section 169 of the Evidence Act. In my view, if the FRSC insists on the motorist conducting a fresh medical (psychiatric) test, it should be at no cost to him; rather, the cost ought to be borne by the FRSC,

"AS WELL-INTENDED AS PSYCHIATRIST TESTS FOR MOTORISTS OBVIOUSLY ARE, THE REAL TEST LIES IN THEIR VALIDITY VEL NON, VIS-ÀVIS APPROPRIATE PROVISIONS OF RELEVANT STATUTES, SUCH AS THE FEDERAL ROAD SAFETY COMMISSION ACT AND THE SUBSIDIARY INSTRUMENT MADE THEREUNDER, THE NATIONAL ROAD TRAFFIC REGULATIONS, 2012"

at whose behest it was conducted. This is only fair and would accord with the contra proferentes rule for construing penal provisions. See AFOLABI v GOV. OF OYO STATE (1985) 2 NWLR pt 9 pg. 734 @ 753H Finally, Regulations 221(1)(e) and 231 which could plausibly have validated the tests are problematic, because of the absence of two conditions precedent for their validity, as follows: (i) Non-compliance with the provisions of Section 27(2) of the Interpretation Act, and; (ii) Within Regulation 221(1)(e) itself It will be recalled that, the latter provides that the Commission may prescribe additional precautionary measures, aimed at reducing highway accident rates and enhancing highway safety generally. However, the the Regulations provide that the Commission may only do so in conjunction with any other appropriate authority. Accordingly, assuming that psychiatric tests constitute such additional precautionary measures, the question is, whether any appropriate authority - apart from the Commission - was involved in their formulation. To the extent that the Commission lacks the power to initiate the tests suo motu, if no other authority was involved in their formulation, the tests are ultra vires the Commission and invalid. The second condition for the validity of the Regulations (and by implication, the tests) is Section 27(2) of the Interpretation Act, which provides thus: “Where a body established by an enactment comprises three or more persons, and is empowered to make subsidiary instruments, any such instrument may be executed under the hand of any two of the members thereof as may be authorised by such body generally for that purpose or specially on any particular occasion.” The Federal Road Safety Commission consists of seven (7) persons: a Chairman, the Corps Marshall and five (5) other persons: Section 1(1) & (2) of the FRSC Act, 2017. Section 5 of the Act empowers the Commission to make Regulations for carrying out the objectives of the Act. By virtue of Section 37(1) of the Interpretation Act, a regulation is a subsidiary instrument. The National Road Traffic Regulations (NRTR) 2012 were purportedly made by the Commission. However, contrary to the aforesaid provisions of the Interpretation Act, the Regulations were not executed by two members of the Commission, but by only the then Corps Marshall/CEO of the Commission, Mr. Osita Chidoka. It is obvious that this makes them patently invalid. Conclusion As well-intended as psychiatrist tests for motorists obviously are, the real test lies in their validity vel non, vis-à-vis appropriate provisions of relevant statutes, such as the Federal Road Safety Commission Act and the subsidiary instrument made thereunder, the National Road Traffic Regulations, 2012. Given the anomalies highlighted above in the test vis-à-vis the aforesaid statutes and the Interpretation Act, it is obvious that the Commission will need to go back to the drawing board, if it is serious about resorting to the medical profession, to check the increasing carnage on our roads – federal trunk or inter-state roads, that is - occasioned by irresponsible drivers.

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11.07.2017

“THE RICH ALSO CRY”: VICTORIA ISLAND UNDER WATER SATURDAY, 8/7/17 RIVER AKIN OLUGBADE STREET, VICTORIA ISLAND, LAGOS

RIVER AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS

(Cartoon culled from the Internet)

T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 21.3750 21.0038

3-MONTH 6-MONTH

A S

22.5331 24.6856

A T

NITTY 1-MONTH 2-MONTH 3-MONTH

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

J U L Y 20.1827 19.0286 19.3855

7 ,

6-MONTH 9-MONTH 12-MONTH

2 0 1 7 21.3861 21.5058 22.5392

EXCHANGE RATE N305.35/ US DOLLAR AS AT LAST FRIDAY

Quick Takes EKEDC Blames Flood for Power Outage The Eko Electricity Distribution Company (EKEDC) has said the flood that resulted from the torrential rains over the weekend has caused damage to some of its equipment in Lekki, Ikoyi, Ijora, Victoria Island and some other parts of Lagos metropolis, under the service coverage of the company. The company’s spokesperson, Godwin Idemudia, said in a statement at the weekend that the flood had caused water seepage into some sensitive and vital equipment and this has resulted in the shutdown of some distribution substations as well ad some 11/33KV injection substations. Idemudia added that some low tension and high tension poles and lines were also felled by the flood. The statement further hinted that EKEDC technical experts have since swung into action to clear all the faults within a very short time. While expressing optimism that all faults would be fixed soon, Idemudia appealed to all affected by the outage occasioned by the flood to please bear with the company while the restoration process lasts.

Firm Unveils LPG-powered Tricycles

TECH INNOVATION ON THEIR MINDS

L-R: Executive Director, Connect Marketing Services, Tosin Omoyajowo; Co-Founder/Group Executive Director, Sahara Group, Tonye Cole; Managing Director, Connecting Marketing Services, Tunji Adeyinka and Minister of Communications, Adebayo Shittu, at the opening of TechPlus 2017 Conference and Exhibition in Lagos...recently

Nigerian Companies Yet to Fully Access $600m Local Content Fund, Seven Years After Ejiofor Alike More than seven years after the Nigerian Content Development and Monitoring Board (NCDMB) was set up, the agency is yet to disburse a reasonable chunk of the $600 million Nigerian Content Development Fund (NCDF) to local companies, THISDAY’s investigations have revealed. The $600 million NCDF, underpinned by Section 104 of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act for developing capacity in the oil and gas industry, accumulated from one

ENERGY per cent value of all upstream contracts contributed by oil companies. THISDAY gathered that since NCDF became operational, only three Nigerian companies – Lagos Deep Offshore Logistics base (LADOL), Starz and Vandrezzer have accessed the fund, as the process of accessing the facility, according to an indigenous operator, who spoke to THISDAY at the weekend, was “not only cumbersome but somewhat opaque.” “The NCDF model is a

world-class model that is prevalent in other countries that have succeeded in developing local capacity. It accounted for the success of Norway, Korea and Brazil in local capacity building. Today, Norway is the undisputed leader in subsea welding to the extent that when the Macondo incident happened, former President Obama was advised to invite the Norwegian experts to cap the well, even though he insisted that Americans must do it and learn to develop the capacity. Korea has almost overtaken Brazil and Japan in ship-building because of cheaper

labour that resulted from local capacity development. It is sad that the implementation of NCDF is plagued by the Nigerian system and so, funding remains a major challenge to local operators,” he explained. To ease access to the fund, the NCDMB in 2016 and the Bank of Industry (BOI) created the $100 million Nigerian Content Intervention Fund (NCI Fund) from the NCDF to provide funding for manufacturers, service providers and other key players in the Nigerian oil and gas industry. By the terms of the agreeContinued on page 22

NERC May Review MYTO Load Allocation for Discos Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) may either abandon or review for optimal use, its practice of allocating maximum generated quantity of electricity on percentage basis to the 11 electricity distribution companies (Discos). Under the MYTO load allocation, the 11 Discos share the total volume of power generated by the generation companies (Gencos) on a ratio based on their customer base. The load allocation formula is contained in the Multi Year Tariff Order (MYTO), which guides the sector. It has, however, resulted in

ENERGY controversies bothering on load rejection by some of the Discos, as well as insufficient quantity of power allocated to Discos that need more than their normal allocations. Also, there were claims of financial penalties levied on Discos who take more than their approved daily percentage in the electricity generated by the Gencos. But the minutes of the last power sectors’ operators meeting held in Enugu, which was obtained by THISDAY in Abuja, explained that this practice may be reviewed by NERC to allow the Discos take as much generated electricity

as their networks can take. The planned review also followed the government’s recent declaration of eligible customers’ regulation in which Gencos are allowed to sell electricity generated by them directly to large users with minimal interference from the Discos. “NERC to develop and issue an order that would allow Discos to draw more than their MYTO percentage allocation when there is un-utilised power available on the grid, and supply it to their customers or eligible customers,” said the minutes of the meeting. Similarly, NERC also told the operators at the meeting that it had developed a draft law

to deal with theft of electricity in the country. The draft law, it explained would be reviewed by other stakeholders in the sector for their inputs. NERC’s Commissioner for Engineering Standards and Safety, Prof. Frank Okafor, stated at the meeting that the commission had developed the draft energy theft law and forwarded to the Permanent Secretary at the Ministry of Power, Mr. Louis Edozien, for onward transmission to the Minister of Power, Works and Housing, Mr. Babatunde Fashola. Also in the minutes of the Continued on page 22

THLD International Logistics Limited, a logistics and energy solution has launched an air-cooling tricycle powered by Liquefied Petroleum Gas (LPG) and converted vehicles running on dual systems of petrol and LPG, otherwise known as cooking gas. The event, which took place at the Palace of the Imperial Majesty, the Ooni of Ife, Oba Enitan Babatunde Adeyeye Ogunwusi in Osun State at the weekend, was witnessed by traditional chiefs, representatives of tricycle riders, auto mechanics in Ile-Ife, government officials and other stakeholders. According to the Chief Executive Officer of THLD International Logistics Limited, Oluwasegun Olajuwon, there are lots of benefits in using alternative fuel system. “It is cleaner, it is safer, it is environmental-friendly and affordable. Nigeria has gas in abundance, but we are not using it. We have come to use our natural resources to maximum,” he said. Olajuwon also said that many developed countries are already using alternative fuel system, whereby the driver can easily switch over to gas after exhausting the petroleum or vice versa. “We want to encourage those that have the supply of petrol to also have the facility for LPG as well and they should make it available. In the last three years, I have noticed that for every five filling stations there is a tank for LPG there, they sell into cylinders for people to cook unlike years before. We want to do the same for auto gas (where LPG is used as an on-road engine fuel) as well,” he explained. Some of the features of the tricycle include six passenger seats, cheaper running costs, longer distance coverage, durability, and two socket points for charging phones with USB.

RusselSmith Expands Subsea Services

A leading integrated oilfield services firm, RusselSmith Nigeriahas announced the expansion of its subsea asset integrity management service offerings to include subsea pipeline inspection, underwater inspection in lieu of drydocking (UWILD) inspection, Jack up Rig inspection, flooded member inspection and mooring inspection, among others. RusselSmith’s Vice President in charge of Operations, Sooravan Tharmalingam said in a statement that the company was strategically expanding its Subsea business division in other to create more value for its customers and the industry. “As an indigenous firm, we will continue to maintain our world-class service delivery standards by ensuring that our operations match global quality and safety standards. The benefit to our customers is the availability of a wider range of innovative and highly-effective subsea technologies, deployed by a company with a proven track record of stellar service delivery,” Tharmalingam said.

“I need a better budget as a tool to do my work and that is why l am speaking out”

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

T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESSWORLD NIGERIAN COMPANIES YET TO FULLY ACCESS $600M LOCAL CONTENT FUND, SEVEN YEARS AFTER

ment between the NCDMB and the BoI, the NCIF would be managed by the bank, which would lend directly to qualifying players in the oil and gas industry under competitive terms. Under the old model of accessing the local content fund, the NCDF was designed to provide partial guarantees and 50 per cent interest rebate to service companies seeking to obtain facilities from commercial banks for asset acquisition and projects execution. But only three companies accessed the fund under the old funding regime as a result of the “cumbersome and opaque” processes put in place by the local content monitoring agency. However, few months after the agreement between NCDMB and BoI was sealed, the then Acting Executive Secretary of the NCDMB, Mr. Patrick Daziba Obah, who consummated the BoI transactions was removed, thus truncating the partnership. But the current Executive Secretary of NCDMB, Mr. Simbi Wabote explained at the weekend that the disbursement of NCIF to deserving companies was yet to start because his agency was working to perfect the governance process.

NERC MAY REVIEW MYTO LOAD ALLOCATION FOR DISCOS

meeting was a disclosure by the Market Operator (MO) department of the Transmission Company of Nigeria (TCN), that the Niger Delta Power Holding Company Ltd (NDPHC), has enlisted all of its 10 Gencos as market participants in the power sector. The MO equally reported that the payment performance of the market to service providers was still poor, and indicated that Abuja and Kaduna Discos have commenced their registrations as market participants.

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)

NEWS

Stakeholders Raise Red Flag on Electricity in Nigeria Stories by Ejiofor Alike Ahead of the 2017 Wole Soyinka Media Lecture Series planned to examine the nexus between basic education and electricity, participants at a two-day stakeholders’ meeting held in Lagos recently for the Regulators’ Monitoring Programme (REMOP) for basic education and electricity, have expressed grave concern about a potential development disaster if regulation and performance continue to slide in these important sectors. The Coordinator of Wole Soyinka Centre for Investigative Journalism (WSCIJ), Motunrayo Alaka, who explained the vision behind REMOP to the participants, added that, “the change we seek is the change we need; therefore, it is important that all concerned put pressure on the current government to deliver on its promise.” On the issue of power supply, there was a consensus among the participants that though the regulatory framework for the Nigerian Electricity Regulatory Commission (NERC) makes the body very powerful, the system is yet to work. According to the President of the Manufacturers Association of Nigeria (MAN), Frank Jacobs, the challenges bedeviling NERC have made electricity more expensive for manufacturers who spend 40 per cent of their cost of production on power supply. He said the huge spending on power supply by manufacturers in Nigeria was higher than that of Ghana, where manufacturers deploy about 20 per cent and those in China and Europe who spend less than 10 per cent on power supply.

Executive Secretary of the Association of Power Generation Companies (APGC), Joy Ogaji, blamed the inconsistencies in the sector on the clear lack of coordination. Ogaji argued that the various government authorities are compromising the independence of NERC. In his contribution, the Chairman of the Network of Electricity Consumers Advocacy of Nigeria (NECAN), Tomi Akingbogun, noted the damage poor power supply had inflicted on the Nigeriand with huge cost of tariffs, despite the unavailability of electricity. The Chief Executive Officer of the Association of Nigerian Electricity Distributors (ANED),

Azu Obiaya, on the other hand, charged the participants to reflect on the humongous cost of investment that can guarantee electric power supply. “Risk is assigned where it is best borne. The consistency we hope to achieve in the sector will cost money. Someone has to pay. There is a need for Nigeria to decide whether it wants to keep electricity as a social service or fully privatise it,” Obiaya said. The Stakeholders’ meeting on basic education and electricity is a major part of the REMOP initiative supported by the MacArthur Foundation, which seeks to foster proac-

tive disclosure of information, transparency and accountability among regulatory institutions in Nigeria through the active engagement of the media and other actors. The participants were also alarmed that the education sector is grappling with a myriad of challenges, including the embarrassing 8.7million children who are out of school, according to the UNESCO Institute of Statistics reports. The President of National Parent Teachers Association of Nigeria (NAPTAN), Haruna Danjuma, highlighted the fact that the figure is one of the highest globally. Also speaking on the sad

state of basic education in Nigeria, the Registrar of Teachers Registration Council of Nigeria (TRCN), Olusegun Ajiboye, stated that there is a need to pay attention to the quality of teachers. On her part, the Deputy Executive Secretary (Technical) of UBEC, Sharon Oriero-Oviemuno-Olise, who represented the Minister of Education, Adamu Adamu and the Executive Secretary of UBEC, Hamid Bobboyi, blamed the poor performance status on the lack of commitment by state governments to contribute the mandatory counterpart funds needed to enable them access grants from the Commission.

WITH TECHNOLOGY, WE CAN DIGITISE NIGERIA

L–R: Head, Field and Solutions Marketing, EMEA, Motorola Solutions, Mr. Tunde Williams; Field Marketing Manager, Africa, Ms. Bavika Singh and Senior Sales Manager Africa, Nicolas Coussinoux, at the launch of the Motorola Digital Mobile Radio (DMR) in Lagos...recently

Interswitch Partners OVH Danvic Petroleum Empowers Geoscience Energy, Forte Oil, Rainoil on Students With Requisite Skills Fuel Retailing Following the strategic partnership between Africa’s leading integrated payments and transaction switching company, Interswitch, and the developers of Fuel Voucher, EVSL, the distribution network of the electronic fuel purchasing solution has been further broadened with a new partnership with three of the leading downstream oil marketing firms - OVH Energy Marketing, Forte Oil and Rainoil in Lagos. Speaking in lagos at the event, involving key executives from Interswitch, EVSL, OVH and Forte Oil, the acting Chief Executive Officer of OVH Energy Marketing, Mrs. Olaposi Williams noted that as a customer-focused organisation, her company was excited about this initiative. According to her, OVH Energy is “constantly seeking new opportunities to provide innovative solutions that offer convenience, flexibility and security for our consumers.” “With the fuel voucher, our consumers can make purchases with ease at key Oando filling stations nationwide,” she added.

Also speaking on this progressive milestone in the life-cycle of the solution, Interswitch’s Divisional Chief Executive Officer for Industry Vertical Markets, Chinyere Don-Okhuofu explained the rationale driving Interswitch’s partnership with Fuelvoucher, as well as the tremendous potential for accelerating distribution of the service offered by the alignment with the two of the leading downstream marketing organisation is Nigeria. “As a business focused on providing products and services that are highly tailored to the African market, Interswitch has partnered with EVSL to launch this initiative in line with our desire to develop innovative payment products and services, facilitate transactions and strengthen the CBN cashless initiative. Following this alliance, FuelVoucher’s online and mobile fuel purchasing systems have been integrated with PoS terminals deployed by Interswitch to service stations across the country,” she explained.

As part of the efforts to bridge the gap between the universities and the oil and industry, Danvic Petroleum International Corporation has produced the first set of graduates from its training centre after a six-month geosciences training. Speaking at the graduation ceremony, the Managing Director and Chief Executive Officer of Danvic, Dr. Mayowa Afe, stated that Danvic Petroleum Training Centre was set up to bridge the gap between the universities and the oil industry by providing graduates with the requisite practical knowledge. “We are all aware that recent geoscience graduates from some of our universities are lacking in the necessary skills and exposure that could guarantee their employability in a multi–task world – class geoscience environment of today. This unfortunate scenario over the years before the advent of the Nigeria Government local content policy has led to many international oil and gas companies who are here for business to go abroad to recruit candidates for positions

in Nigeria and at best some go to foreign universities (USA, UK and Europe) to recruit privileged Nigerians students studying abroad at the detriment of their colleagues studying in Nigerian universities,” Afe explained. Afe said the skills impacted on the graduands would ensure the employability of the Nigerian graduates, particularly in the geosciences, and boost local content in the industry. “History is made today. To us, this is a big step towards the realisation of a dream and the vision of establishing a full-fledged private oil and gas university that could complement government’s effort and help provide the necessary manpower for the oil and gas industry in Nigeria and indeed Africa, thereby increasing indigenous participation in the oil and gas industry,” Afe said. According to him, recent geosciences graduates from some universities are lacking in the necessary skills and exposure that can guarantee their employability today. “This unfortunate scenario,

over the years, before the advent of the local content policy made many international oil companies in the country to go abroad to recruit candidates for positions in Nigeria and, at best, some go to foreign universities to recruit privileged Nigerians students to the detriment of their colleagues studying in Nigerian universities. I am happy that all our graduating students today are already fixed and accepted to carry out a one-year internship programme with various oil companies in the execution of practical exploration and production project. It is our projection and hope that at the completion of this programme, all these students will be industry-ready. It is our belief that some will be gainfully employed before the completion of the one-year programme,” Afe explained. Also speaking at the ceremony, the Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote, commended the company for the training programme.

T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESSWORLD

ENERGY

As Crisis of Confidence Rocks NBET

Recent developments at the Nigerian Bulk Electricity Trading Plc indicate that the agency set up to facilitate seamless electricity trading in Nigeria’s power sector may be going through troubled times, writes Chineme Okafor

Fashola Recent investigations by THISDAY on the internal activities of the Nigerian Bulk Electricity Trading Plc (NBET) have uncovered a couple of developments that could rock its operational efficiency, and by implication, that of Nigeria’s electricity market. THISDAY discovered from its trail of activities that followed the federal government’s approval of a N701 billion loan for the agency to cover its payment obligations to electricity generation companies (Gencos) for power generated and supplied, that NBET is currently enmeshed in a financial controversy over unwholesome demands on the loan. As reliably gathered in Abuja, top officials of the agency and Ministry of Power have reportedly requested NBET’s Managing Director, Dr. Marilyn Amobi, to approve a four per cent service charge payment to them as ‘service charge’ for purportedly facilitating the federal government’s approval of NBET’s request for N701 billion from the Central Bank of Nigeria (CBN) to cover for payments to Gencos. This service charge, they said was to cover their troubles and works in getting the loan approved by the Federal Executive Council (FEC). But reliable sources in the agency and the ministry told THISDAY that everything that had to do with the loan was done by Amobi and her team, with support from the Minister of Power, Works and Housing, Mr. Babatunde Fashola, and the Governor of CBN, Mr. Godwin Emefiele. Being an investment banker by training, Amobi was said to have declined repeated demands by these officials to hire a third-party consultant to help the NBET prepare its briefs for the loan, and through which their request for the four per cent service charge would have been legalised. She instead opted to work with her team to get the work done. Based on her stance on this, sources who anonymously spoke to THISDAY during its investigations on the development said it irked these persons in the ministry and NBET as she reportedly refused to approve the payment even after subsequent demands were made. According to the sources, Amobi reportedly described the request as a scandalous one, which she could approve. High-wire boardroom politics From Amobi’s vehement position on this reported four per cent request, THISDAY sources explained that a strong boardroom politics then ensued, allegedly orchestrated by the ministry to restructure the NBET.

Amobi The restructuring moves, it was further learnt were aimed at promoting three of Amobi’s general managers who are reportedly loyal to the ministry to positions of executive directors. By the promotion, the three general managers

The alleged restructuring would also mean that the founding structure of NBET would be altered with four executives of equal powers as against the current structure in which the board is the highest decision making body of the agency, and to whom Amobi reports to as its chief accounting officer. It was also gathered that the interested parties who are tacitly backed by the ministry of power, could from the restructuring be able to finally approve the four per cent service charge which Amobi has refused to accede to and which has reportedly pitched her against officials in her agency and the Ministry of Power

would as executive directors, be given almost the same executive powers as Amobi to be able to either support or disprove decisions made by the management team in their favour and that of their backers. The alleged restructuring would also mean that the founding structure of NBET would be altered with four executives of equal powers as against the current structure in which the board is the highest decision making body of the agency, and to whom Amobi reports to as its chief accounting officer. It was also gathered that the interested parties who are tacitly backed by the ministry of power, could from the restructuring be able to finally approve the four per cent service charge which Amobi has refused to accede to and which has reportedly pitched her against officials in her agency and the Ministry of Power. Crisis of confidence Similarly, it was learnt that the high-wire board room politics initiated by these interests was already beginning to affect the working environment in the NBET, an agency set up by the government to amongst other responsibilities, midwife the transition of competitive financial transactions between the power Gencos and distribution companies (Discos) in the country’s privatised power market. Originally, the NBET was set up with a nine-member board, which included the Ministry of Power; Ministry of Finance; Bureau of Public Enterprises (BPE); representatives of the Discos; and four independent persons chosen by the presidency and Ministers of Power and Finance. Though the last board of the agency was disbanded by President Muhammadu Buhari, and yet to be reconstituted, the Ministry of Power had in the interim acted as its de facto board chair, and issued directives to it. The ministry as was alleged by the sources could from its reported interest in the service charge, would thus fill the four independent board positions with the general managers that are reportedly loyal to it. But apart from this unhealthy financial request, THISDAY also gathered that Amobi was reportedly assaulted on November 9, 2016 in the presence of the staff of the agency by one of the general managers who is in charge of NBET’s finances, because according to sources, they do not approve of her headship at NBET. While she reportedly filed three back-to-back complaints of her assault by the general manager

to the Ministry of Power on December 3, 2016 - copies of her complaint were sighted by THISDAY, no response or action has so far been taken by the ministry on her claims. The paper also tried to reach the Permanent Secretary in the power ministry, Mr. Louis Edozien, to comment on this claims but calls and text messages to his mobile number were not replied as at the time of filing the report. It was alleged that the said general manager had an existing record of abuse and assault of a former managing director of NBET, and the ministry reportedly failed to investigate or penalise the alleged offence. When contacted by THISDAY for comments on these developments, Amobi, who didn’t confirm or refute the issues raised by the paper, however, declined to speak on the matter. She simply said she did not discuss her internal operations on the pages of newspapers. Notwithstanding her position, industry players who relate more with the NBET told the paper that the ensuing development was not in the interest of the country’s power sector. They explained that being perhaps the only government entity with some semblance of business transparency in the country’s power sector, such crisis of confidence could derail its focus on its mandate in the sector, as well as alter stakeholders’ business interactions with its. A top official of the Independent Power Providers Association of Nigeria (IPPAN), a group comprising of investors in independent power plants in Nigeria, however confirmed these developments to THISDAY, but on the condition that his identity would not be revealed in the paper. IPPAN has members that include Geometric Power owned by a former Power Minister, Prof. Bath Nnaji; Zuma Energy Nigeria, owned by Dr. Innocent Ezuma; and Supertek Electric Limited, owned by a former Information Minister, Prof. Jerry Gana. He further noted that IPPAN, and other relevant stakeholders in the industry were watching as the controversial events unfold, adding that the alleged restructuring could signal an end to NBET which has about $800 million as its capitalisation fund. NBET is also a licensee of the Nigerian Electricity Regulatory Commission (NERC) which should with its regulatory powers, be able to look into the affairs of the agency to ensure its actions would not unsettle the country’s already troubled electricity market.

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T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESSWORLD

INDUSTRY

Dicle: This is the Best Time to Invest in Nigeria Despite the recession, the Managing Director of Phillips Morris, Nigeria, Mr. Coskun Dicle, has seen the opportunities in the country and is urging foreign investors to come to Nigeria and invest. He spoke with select journalists. Jonathan Eze presents the excerpts: Why is a global brand like yours venture into the Nigerian market at the time you did? Africa is at the forefront of investment focus for many international companies across a wide range of industries. Within Africa, Nigeria’s human and natural resources, combined with the fact that there has been political stability and democratic governance since 1999, make the country an attractive investment destination. From our industry perspective, despite our global market leadership position as Philip Morris International, we were not present in Nigeria and one of our global competitors was enjoying what we can call a monopoly situation in Nigeria. We commenced business in Nigeria in 2015, after obtaining all necessary statutory and regulatory approvals. Our objective has always been to provide our international brands of the highest quality, as alternative choices to the legal aged smokers who have made the choice to continue to smoke. Beyond Nigeria’s position as Africa’s largest economy, Nigeria is also home to a consumer population that is both sophisticated and discerning. Nigerians recognise and appreciate quality while placing significant importance on the value-for-money proposition. This type of environment is one where Philip Morris Limited and its products can add value and thrive. In fact, we estimate that our employment footprint will reach approximately 2,000 Nigerian talents, through direct and indirect employment. Furthermore, through our global efforts on tobacco harm reduction and reduced risk product development, which we hope to make available in all of the markets where we operate, we are committed to meet the market’s demands for Dicle the best quality, innovative products, now and for many years to come. per cent). We account for over 50 per cent of the GDP of the West African sub region. We account Why did PML start local manufacturing in for over 50 per cent of the population of the Nigeria at this time? west sub region, we are blessed with abundant Since our entry into the market, we have been natural resources (minerals and arable land) very clear about our commitment to Nigeria and and our democratic structures are becoming about the contributions we can make to the local firmly .entrenched. economy. It has always been our strategy to What is missing is the capacity to harness manufacture our brands locally. Having found the these opportunities for our common good. I right partner in International Tobacco Company am confident that this will happen before long. Limited (ITC), we are proud that this is happening in less than two years of our presence in How do you hope to compete, being relatively Nigeria; this will no doubt contribute to the local new here? economy and establish a long lasting presence Quite simply by providing better products at a for our company. There is also the advantage of better value than those that are currently availsignificant job creation, which PMI globally is able to Nigerian consumers. This consumer passionate about as attested to by the many top quality-and-value proposition, along with our employer awards received across the countries commitment to maintaining the industry’s and regions where we operate. We are already highest standards, is in our DNA and is what providing direct and indirect employment to has helped PMI to become the world’s largest thousands of Nigerians, through our distributors, international tobacco company. These are values agencies and the support we are giving to the on which we never compromise and which will trade. allow us not only to compete in this market, Presently, one of the major attractions of the but to thrive in it. Nigerian economy to global investors, to my Additionally, with our global efforts on tobacco mind, is the stability that has been bestowed on harm reduction, including the development and it by the sustenance of democratic governance. commercialisation of products with the potential International businesses and investors want to flow to reduce individual risk and population harm with stable policies. For a country that endured in comparison to smoking cigarettes, and which long spell of military intervention in governance we hope to make available in all of the markets from independence in 1960 with civil rule lasting we operate, we believe we can change the face barely six years from that date to find itself under of the industry. unbroken civil leadership since 1999 is remarkable. Civil rule promises stability and so long as that is Recount your experience in Nigeria. What guaranteed, global investors would be attracted. challenges come with the operating environment? And so long as leading investors from across It has definitely been worthwhile. Looking back the world are attracted to any economy, it will to the time I started as managing director in continue to witness growth. Nigeria, precisely in February 2016, I can say we “For us this time is the best time for any investor have had a fast learning curve discovering the to invest in Nigeria economy. I believe that Nigeria uniqueness of doing business here. Our experience economy is growing. It will not grow over night shows that doing business in Nigeria at this time but gradually. Despite all the concerns about the might not be as difficult as it is being portrayed state of our economy, I would say that our country outside the country, particularly in the media, offers tremendous opportunities for investors”. which has created an erroneous perception We have the largest population in the African of the Nigerian business terrain as a difficult continent (estimated 170 million). We have the operating environment. With the government’s largest black population in the world; ours is intervention in addressing the power supply the second largest economy in Africa (with a challenges, infrastructure deficiency as well as GDP of over $300 billion). We have one of the the recent economic reforms focused on the highest growth rates in the world currently (6.7 ease of doing business in Nigeria, the business

This is alarming not just because of the income it denies various governments and the world economy but growing concerns that such income is further employed to support other illegalities. Contraband cigarettes deprive governments of billions in tax revenue yearly, while consumers lose because they often end up buying fake products of poor quality that are not subject to any regulatory scrutiny or quality control procedures by manufacturers. Around the world, PMI undertakes a broad series of measures to fight illegal cigarettes, to ensure our brands are protected and consumers get the genuine product they expect. We support strict regulations and enforcement measures to prevent all forms of illicit trade in tobacco products, including tracking, tracing, labelling, record-keeping requirements, and where appropriate, implementation of strict licensing systems. We are also working with a number of governments around the world on specific agreements and memoranda of understanding to address the illegal trade in cigarettes. We are planning to meet with all relevant authorities in Nigeria, in particular with Nigeria Customs Service, to present our tools and knowhow to foster cooperation in addressing illicit trade together.

environment can only get better. From PM’s perspective, the operational and economic outlook is extremely positive and we are here to stay. We recognise that both the opportunities and challenges in Nigeria are great, not least of all the highly competitive nature of our industry. However, we have invested considerable time and resources to better understand the market and how to work in it. As a result, we are confident that with fair competition and a level playing field, we will be able to operate with integrity in Nigeria and provide meaningful contribution to the community while delivering long-term sustainable growth. The cost of doing business in Nigeria is said to be higher than those in most countries; how is that affecting your cost and pricing template? It is costly doing business in Nigeria, and this was discussed at various meetings. There are two big things, energy and the logistics needed to support moving goods across the country and different markets. Being an export organisation, we have to compete against other factories in these markets that do not have the same challenges. However, to manage our costs, we localise a lot of our operations , growing, packaging, manufacturing, among others. A number of our competitors who are transactional have challenges with the inflation and foreign exchange pressure. But due to our deep roots, we only see these challenges as opportunities. What is your stand on Nigeria’s Tobacco Control Bill? We were fully aware that the National Control Bill was being discussed at the National Assembly as we sought our registration. We strongly believe that proper regulation of tobacco products is essential to ensure that adult smokers are aware of the harmful effects of smoking, that tobacco products are not made available to minors, and that legitimate companies can compete on a level-playing field with clear rules. How do you think the issue of illicit tobacco trade can be handle? Available statistics from different sources estimate the size of the illicit tobacco trade to be between 10 and 12 per cent of the global cigarette market.

Can you shed light on your investment plan for Nigeria and how have you affected the economy positively? The plan is to steadily grow our investment in Nigeria. Since 2015, when we started our operations by taking advantage of the ECOWAS Trade Liberalisation Scheme (ETLS), which enables free movement of goods within West Africa, we have gone from 100 per cent importation of brands from our manufacturing plant in Senegal, to taking the bold step of starting to locally manufacture our brands in Nigeria with our strategic partner, International Tobacco Company Limited (ITC). This goes to show the confidence we have in the Nigerian market and our focus on local manufacturing and other investments will certainly continue. PMINTL Nigeria intends to have significant positive, long-term impact on the Nigerian market. First, we expect that the work that we are doing in tobacco harm reduction will transform the tobacco industry. Next, we have already created approximately 500 direct and indirect employment opportunities in the country and are still creating new ones with the hope to grow our footprint by as much as four times in the near future. To aid in this, and in pursuit of our long term investment plans in Nigeria, full-scale local manufacturing of our brands will begin before the end of the year through strategic partnerships. Additionally, we have started exploring the possibility to produce in Nigeria, with key partners and local farmers, tobacco and/ or other agricultural crops for the local and international markets. We would work with local business partners to share our know-how and help to ensure good agricultural practices to obtain good quality crops, high yields and good income for farmers, while minimizing environmental impact and fostering sustainability. PMINTL Nigeria, through our investment plans and commitment to Nigeria, will be a significant tax payer – contributing to the government revenue, providing foreign direct investment into Nigeria, creating sizeable direct and indirect employment opportunities to Nigerian talents with ongoing focus on education and development. Overall, we are committed to contributing to the local communities, while operating with integrity, and look forward to becoming a major player in the Nigerian economy to establish a long-lasting presence. How can you compare Nigeria with other market where PMI also does business? Continued on page 26

T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESSWORLD

INDUSTRY DICLE: THIS IS THE BEST TIME TO INVEST IN NIGERIA parties. Our consumers will have their preferred brand readily available at the highest quality standards, our partners will enjoy improved capacity utilisation of their facilities, and the local community will benefit from the micro-economy boost and new employment opportunities. We are here to provide a choice to those consumers who choose to continue to smoke, and we are here to make a positive contribution to the Nigerian economy for the long term.” He went on to highlight the giant stride that PML has made in less than two years of operations in Nigeria, attributing it to PMI’s global strategy to deliver long-term sustainable growth and the passion of local employees. The start of local manufacturing is just the beginning of various planned investments in the Nigerian economy by PML. PML and ITC are eager to become an integral part of Nigeria’s drive to strengthen the economy through creation of jobs, more foreign direct investment, and tax payments, while upholding the highest standards as socially responsible companies.

Every market has its peculiarities. For PMI, countries that have signed up to and are guided by the WHO Framework Convention on Tobacco Control (WHO FCTC) resolutions have some unanimity in the treatment of the tobacco industry and this helps to maintain a unified approach in addressing the challenges facing the tobacco industry, such as illicit trade, youth smoking, etc. Since the enactment o f the National Tobacco Control Act, 2015, which has led to the setting up of the National Tobacco Control Committee with a view to ensuring compliance with the law by all stakeholders, there have been a lot of activities within the industry and all players are aware that it is no longer business as usual. We welcome these developments in the hope that they will help the tobacco industry operate within the provisions of the law to the benefit of all stakeholders. How does PML manage to impact the operating environment? Our industry is highly regulated. Philip Morris Limited (PML) maintains a global policy of compliance with rules in each market where it operates. So, our best way of impacting our environment is through quality processes and ensuring full compliance to all laws and regulations. For instance, we are very much interested in partnering with different Government Agencies on jointly fighting illicit trade of cigarettes, to ensure that every pack sold in Nigeria contributes to the tax revenues of the federal government. In what areas would you want to see changes? Regarding the operating environment, it will be nice to see more of an improvement in power supply and quality of infrastructure. On industry specific changes, I would like to see more efforts towards the fight on illicit trade and counterfeit products as this will invariably increase revenue generation for the government. I am also keenly looking forward to the continued implementation of the Act and other subsidiary legislations with a view to ensuring compliance by all stakeholders. Can you shed more light on PMI operations, how it was started? We are the world’s leading international tobacco company, with six of the world’s top 15 international brands and products sold in more than 180 markets. In addition to the manufacture and

Dicle sale of cigarettes and other tobacco products, we are engaged in the development and commercialisation of reduced-risk products (“RRPs”). Initially, the company is incorporated as PMINTL Nigeria Limited. In December 2014, we applied for and received all regulatory approvals required to commence business in 2015 and started by importing some of our brands into Nigeria under the ECOWAS Trade Liberalisation Scheme (ETLS) from its factory in Senegal. As PML Nigeria, we are already providing direct and indirect employment to thousands of Nigerians, through our distributors and agencies. Through our investment plans and commitment to Nigeria, the company is a significant tax payer, contributing to the government tax revenue, providing foreign direct investment into Nigeria, creating sizeable direct and indirect employment opportunities to Nigerian talents with ongoing focus on education and development, while upholding the highest

standards as a socially responsible company. We look forward to continued contributions to the Nigerian economy and establishing a long lasting presence. PML and ITC are into partner on local manufacturing. Can you shed light on this? To start with, Philip Morris Limited (PML) is the national affiliate of Philip Morris International (PMI) in Nigeria . Recently, we entered into a strategic partnership with International Tobacco Company Limited (ITC) to manufacture one of PMI’s leading brands in Nigeria. Under this agreement, PML will be investing in technology and capacity building at ITC’s factory, creating additional employment opportunities and contributing to the local as well as national economy of Nigeria. We strongly believe that investing in local manufacturing is the right thing for the future as it contributes to the Nigerian Government’s efforts to strengthen the economy and reduce the dependency on oil. It will also benefit all

What is the future of Philip Morris in Nigeria “We are optimistic about the prospect of our business in Nigeria and against this background, we are currently focused on building our business organisation, hiring local talents and strengthening our infrastructure and ties with our counterparts in the tobacco value chain. But I can assure you we are here to invest and we are here to stay.” “We have planned to invest heavily into the Nigeria economy which I know would provide a lot of job opportunities for the youths of the country. The Nigerian youths deserved the best, and that is why we are in Nigeria. When you look at the economy, there are a lot of challenges but we not looking at those challenges at the moment now, we are looking at the future. The future is bright for any investor like us in Nigeria.” What is your personal experience living and working in Nigeria? I absolutely love Nigeria and Nigerians, the passion and energy is unmatched and contagious. I have enjoyed every bit of my time here and made many good friends because everybody is so warm and welcoming. I have also developed new taste buds and I relish all the local dishes especially pepper soup and suya.

Rice Stakeholders Task FG on Infrastructure In a bid to boost food supply and provide more competitive source of incomes for Nigerians, the Chairman of Abakaliki Rice, Ebonyi region, Mr. Joseph Nnunu has charged the federal government to make agricultural infrastructure readily available and accessible to farmers. According to Nnunu, the major challenge facing the sector include unavailability of tractors, parboiling machines,

drying machines, access roads, boreholes to mention just a few. “We are appealing to the federal government for their aid. This is one major reason that the cost of buying foreign rice is cheaper than ours. Government should encourage exporting our locally made product like the Abakaliki rice by providing them easy access to these infrastructures and place an outright ban on

the importation of foreign rice in the country”, he said. While he applauded the efforts of the federal government in conjunction with United Nations to encourage more Nigerians to embark on farming in order to reduce high rate of scarcity of food, he stated that ‘‘farmers are not meeting up with the high demand of our products by consumers due to lack of modern machines. This

Total Delivers Energy to 10 Million People Nosa Alekhuogie As an integral part of Total’s commitment to providing affordable, reliable, and clean energy, Total’s solar solutions has ensured that it lightens homes mainly in Africa but also in South America and South East Asia, and are still evolving to meet the needs of millions of people who still do not have access to cleaner energy. As of today, Total has sold two million solar lamps worldwide, improving the lives of 10million people, with 90 per cent of these lamps sold in Africa alone. More than one billion people do not have access to electricity. To help remedy that, the Group launched in 2011 a line of photovoltaic

solar lamps, to provide affordable access to energy for communities in emerging economies. Designed for households that lack access to electricity, Total solar lamps supply affordable and reliable energy. Some of the lamps can also be used to charge small electric devices such as phones. These solar lamps are a safer and better replacement for less effective and more expensive lighting methods like candles, disposable batteries and kerosene. In a statement, the Managing director of Total Access to Energy, Philippe Cabus, explained that: “Total intends to provide affordable, safe and clean energy to as many people as possible. And to do so, we strive to find innovative

technological solutions, using a business model viable on a large scale. We managed to reach these two million lamps sold, thanks to the commitment of the teams in our local affiliates. Their dedication helps us to better reach the “last mile” and distribute these products to the customers.” He added: “These solar products come from the ‘Total access to Energy” program’, and are built on the Group’s solar expertise and extensive presence in Africa via its wide retail network of over 4000 service stations. New last mile channels and retail models are being created with Total forming global partnerships with major development NGOs and local partnerships to reach the most remote areas.

has led to a low turnout of agricultural output and accounts for the relatively high cost of local rice compared to foreign ones.” The World Bank, under its Growth and Employment (GEM), the World Bank had promised to provide financial support to Ainotrans Energy-the producers of Abakaliki rice to enable it engage the services of vendors that will aid in carrying

out its marketing drive. Managing Director of Ainotrans Energy, Mr. Innocent Mbey said that rice milling is capital intensive. ‘‘We need aid from the Federal government in the provision of the necessary machines for the production of Abakaliki rice. Better machines in the production can equally enhance more standard quality. The level at which Abakaliki rice are being patronised is still

at average percentage; this is due to the fact that the level of output by we farmers are not meeting up with the high demand of our products by consumers. He also said that the federal government should deploy the media to sensitise citizens on the need to patronise locally made goods. ‘‘They should also organise seminars to educate the citizens on the advantages

Osun Cocoa Industry Now Processes 20,000 Tonnes Daily The newly resuscitated Osun State Cocoa Processing Industry in Ede has started processing cocoa in line with the industrialisation plan of the current administration in the state. The company, which was inaugurated on October 17, 1982 , had stopped production in 2001 due to obsolete equipment and management issues . The Commissioner for Industries, Commerce , Cooperatives and Empowerment in the state, Mr. Ismail Alagbada , however , said the company was now processing 20 ,000 tonnes of cocoa on a daily basis . He stated that the Aregbesola administration in

partnership with Golden Monkey of China revived the company and brought it back to start production . This, he said , was meant to ensure that it started adding value to cocoa instead of exporting it overseas in its raw form . The Commissioner said: “At present , the company is processing 20 ,000 tonnes of cocoa into cocoa liquor for both local and international consumption , thus increasing the production capacity of the company by 400 per cent from 2001 period . “The revival of the CPI is part of the realisation of the industrialisation plan of the current administration, to put the company into effective use

for optimum performance.” Alagbada explained that more workers will still be recruited as expansion of the company was being carried out. He disclosed further that going by the new arrangement, the state government owned 30 per cent equity, which gives it 30 per cent revenue derivable from all resources and funds generated in the plant. “Through this partnership, many people in Osun will learn the trade of cocoa processing. The possibilities are just endless. At least, now, our people know that more value accrues to them if they process cocoa rather than exporting in its raw form,” he added

T H I S D AY TUESDAY JULY 11, 2017

T H I S D AY • TUESDAY, JULY 11, 2017

PROPERTY & ENVIRONMENT

OMAIS Presents Agungi, Lekki Terraces, Gbagada Facility Bennett Oghifo OMAIS Investments Nigeria Limited has put in the Lagos property market a high-profile housing development known as Agungi, Lekki Terraces. Agungi Terraces is built on 2, 600 square meters, behind Shoprite and French Colony. The expansive and tastefully furnished terraces consists 8 units 4 bedrooms terrace with Boys quarters. The Managing Director of OMAIS, Chief Omochiere Aisagbonhi said Agungi Terraces is modestly priced at N60 million per unit, adding that it has fascinating facilities like swimming pool and a huge playground for children and

for recreation. Aisagbonhi, who addressed journalists at his office at Onigbogbo in Maryland, Lagos, said no other estate around the axis had such generous space and competitive facility, adding that even with the harsh effect of the recession on the earnings of real estate developers, he finds it a pleasure to provide exquisite residential apartments in middle to high income areas in Lagos and beyond. He said he has provided mortgage facilities for between 30 to 35 per cent for prospective clients to enable them pack in while they continue with their monthly mortgage plan. The company also has projects like the estate in Gbagada,

which comprises of 2 units 4 bedroom semi-detached duplex with one room boys quarter at a modest price of N55million each. This according to him has between 6 to 18 months mortgage to enable prospective subscribers have part of the tastefully done upscale residential buildings.fo The third apartment, a 10 units super luxury apartments at Shonibare estate, Maryland where he claimed is one the most secured areas in Lagos especially now that security is an issue in the city. Describing the apartments, he said it has fitted kitchen, stainless steel appliances, washing machine, 24 hours security service, CCTV,

electric fence, automated alarm system, water borehole etc. He said for all their development the idea is for the prospective owner to pack in and pay later. He however, lamented the downturn in the economy of the nation stressing that in other countries of the world government give genuine business men interest free loans and bail –out to ensure that they continue in business. He said: “ Here government stifle and suffocate small businesses with taxes but in other parts of the world depending on your number of staff government give you tax –holiday to keep you going. We have retrenched over 78 per cent of our staff and

shrinked our operation to about 10 per cent and government is talking of security issues while people are daily losing their means of livelihood through bad policies of government.” He disclosed that his company borrowed money at 30 per cent and wondered how they can break even. According to him he borrowed One Hundred Million Naira (N100m) in 2014 and have incurred N90million interest currently and wondered how long he can keep afloat even while operating at 10 per cent capacity utilisation. Providing solution, he asked government to come out with robust policies to help businesses and avoid multiple-taxation. He specifi-

cally mentioned the difficulties associated with procuring approval in land documents and ownership transfers. He advised government to monitor their officials in sensitive ministries and parastatals. On the several collapsed buildings in Lagos, he responded that all over the world buildings collapse but he advised government to implement her laws and monitor every construction from the foundation stage to the finishing. Aisagbonhi said buildings collapse when there is poor supervision, construction and flagrant disobedience to rules and regulations guiding construction.

Lagos Partners Visionscape on Cleaner Lagos Initiative Fadekemi Ajakaiye Cleaner Lagos Initiative (CLI) was established by the Lagos State Government to address, enforce and regulate the challenges in the solid waste management systems within Lagos State. The initiative is focused on improving the environment to make it cleaner, safer and healthier for all Lagos State residents, while also improving operational efficiency in waste management. Lagos State Governor, Mr Akinwunmi Ambode reiterated the commitment of his administration to provide the State with a functional, robust and sustainable waste management system that would transform the State into the cleanest city in the world. Governor Ambode said his dream had always been to positively affect the State as far as waste management is concerned, and that his commitment to follow it through remains unwavering. The governor’s vision statement was presented, last week, at the Phase One Implementation Launch of Visionscape Sanitation Solutions Limited, an environmental utility group appointed as partner by the State Government to implement the new environmental policy encapsulated in the Cleaner Lagos Initiative (CLI). Visionscape is currently in a public-private partnership with the Lagos State Government, to provide waste management services for the CLI, under the Lagos State Waste Management Authority (LAWMA). Visionscape Sanitation Solutions has successfully completed the development of their first waste management depot in Ogudu, Lagos State. The Governor, who was represented by the State’s Commissioner for the Environment, Dr. Samuel Adejare, said the soft launch of the new waste management policy was a dream come true, and a demonstrable evidence of what determination and proper planning could bring into fruition. “Coming here and seeing these fantastically looking vans and trucks of Visionscape that would be used for waste management in the State is inspiring and encouraging. This is just a small bit of what we

intend to launch through the CLI in days to come”, he said. He said “I am one of the happiest persons in the world today because a lot of people thought that this would not be achieved. Our believe in Visionscape led to the choice of the consortium and here the launching of the first phase”. He stated their satisfaction with the giant strides Visionscape is taking in ensure that the aim is achieved and admonish the staff of the firm to keep up with the aim. The aim of Lagos State and VisionScape is to be the cleanest city in the world by the grace of God, he said. The depot commissioned recently, marks the first of three 24-hour depot centres,that Visionscape will open in Lagos State. The other two depots will be located in Mushin and Lagos Island. Visionscape depots will oversee and provide maintenance services for the company’s multidimensional fleet. The waste management vehicles include walking-floor trailers, compactors, tippers, skips, tricycles, in addition to operational vehicles, which will all be embedded with innovative radio-frequency identification (RFID) technology. The Visionscape depot facilities will include on-demand maintenance and servicing bays, truck wash stations, fuelling stations, hostels, canteens, health centres, parking and other features. The depots have been built and designed to maximize efficiency and to meet the solid waste management needs for Lagos State. Mr. John Irvine, the Chief Executive Officer (CEO), Visionscape West Africa, stated that the opening of the new Ogudu depot will be an enormous benefit to the people of Lagos. He said the depot is the result of extensive collaboration between Visionscape technical & planning teams and LAWMA. It fully incorporates key safety features including maintenance workshops that will offer 24hour fleet maintenance service for the waste management vehicles which will serve all areas within the State. The depots will also be used for specialist training which each driver must undergo in order to drive any vehicles in the fleet, he said.

Agungi Terraces

L-R: Special Adviser to Lagos State Governor on Environment, Mr Babatunde Humpe; Visionscape’s Executive Director, Harry Ackerman; the State’s Commissioner for the Environment, Dr Babatunde Adejare; COO, Visionscape West Africa, Thomas Forgacs; and Permanent Secretary, Lagos State Ministry of Environment, Mr Abiodun Bamgboye, during the opening on Visionscape’s 24-hour Waste Management Depot in Ogudu, Lagos… recently

FG Embarks on Erosion Control Projects to Save Abia Communities Emmanuel Ugwu, Umuahia Some communities in Abia state, constantly living in fear of being swallowed by erosion, may soon heave a sigh of relief as the federal government has embarked on erosion control projects which would gulp over N700 million. The two projects, sited at Amachara in Umuahia South and Okwe in Ikwuano local governments respectively, are being funded by the Ecological Fund Office (EFO) and are expected to be completed in seven months’ time. At separate ceremonies, where the erosion projects were formally handed over to the contractors, the benefitting communities expressed delight

that the federal government has finally come to their rescue. The projects include the Okpurudara Amachara erosion site awarded to Alinat Nigeria Limited at a cost of over N400 million and Okwe-Obuohia erosion site awarded to Bareman Engineering Services at a cost of over N300 million. The member representing Ikwuano/Umuahia federal constituency in the House of Representatives, Hon Sam Onuigbo, who attracted the projects to his constituency, said that the projects “are very important” to the people given that the frightening gully erosion has been posing great danger to the communities. He lauded the permanent

secretary of EFO, Mrs. Habiba Lawal, who is also the acting secretary to the government of the federation (SGF) for awarding the contracts, which are among the 25 erosion projects approved by the EFO. The federal lawmaker urged Lawal not to relent in her efforts in tackling erosion problems across the nation. Onuigbo, who is the chairman of the House committee on environment, said that his constituency is erosionprone with 35 active erosion sites hence “we are appealing to the federal government for more assistance” as several communities are presently crying for help. He urged the benefitting communities to take full ownership of the erosion

projects and give the contractors full support to ensure they are completed within the stipulated time, adding that the urgency of the intervention was aimed at preventing the erosion from cutting off the communities from the rest of the state. Mrs. Ugwunwanyi Ekugo, who represented the EFO, said that the ecological fund was not easy to assess due to huge number of applications for assistance. She assured that EFO would constantly monitor the progress of work to ensure that the contractors carry out quality job and called for mutual understanding and cooperation among the respective communities and the contractors handling the projects.

Exit Woman

T H I S D AY TUESDAY JULY 11, 2017

of a Virtuous

Ezinne (Mrs) THERESA AWARA 1939 - 2017

We in Arkad Oil & Gas Limited commiserate with our Managing Director/Chief Executive Officer, Mr Gabriel Awara on the passing unto glory of his beloved Mother, EZINNE (MRS) THERESA AWARA who joined the heavenly hosts on 9th May, 2017 at Turkish Nizamiye Hospital, Abuja.

May her loving soul rest in the bossom of the Lord Burial arrangements as announced by the family

Signed: Arkad Oil & Gas Limited

T H I S D AY • TUESDAY, JULY 11, 2017

BUSINESS/MONEYGUIDE

Moghalu: Leadership under Threat Worldwide Obinna Chima A former Deputy Governor of the Central Bank of Nigeria (CBN), Prof. Kingsley Moghalu, has said that globally, leadership is presently confronted with “big challenges, big opportunities, and big possibilities.” According to him, from corporate leaders in advanced industrial countries who have to worry about the implications of disruptive innovation, the demands of corporate citizenship on business models, and the rising political risk to bottom lines from the surge in populism in western democracies, to entrepreneurs in Africa faced with unstable macroeconomic environments, absent infrastructure, policy inconsistency, and weak institutions, leadership is facing stress and challenges. Moghalu, who is the Chairman & CEO, Sogato Strategies LLC, said this in a speech titled: ‘Africa’s Future: The Leadership Imperative,’ he presented at the Africa Leadership Conference, that was organised by Guardians of the Nation International (GOTNI) USA in Washington,

DC, recently. For Africa, Moghalu said that leadership remains a critical challenge that must be confronted and overcome if democracy was to yield good governance, if entrepreneurial talent expressed “in the narrative of an Emerging Africa is to yield true economic transformation, and if Africa’s rich historical scientific heritage is to translate into an explosion of innovation that can make us competitive in a globalised world.” According to him, Africa’s leadership problem was located mainly in its internal political spaces. But, he pointed out that precisely these spaces determine what kind of societies, economies, education and health systems in the continent. He added: “The first order of business, as I have argued consistently, is that of our minds. We must reinvent the African mind. Our minds determine whether or how we understand what leadership means or doesn’t. Our minds determine what kind of mindset or worldview we bring to the task and responsibility of leadership. And our minds determine whether we have, or

can acquire, the character and competence of leadership. “My personal understanding of leadership, especially in the context of countries like those in Africa, is that great leadership must be transformational. And I always approach the subject with the end in mind: what, for example, would be said about my service after I have completed a specific leadership task or responsibility? Indeed, to envision more radically, what will be said at my funeral? (One should hope that that event will hold somewhere north of my 100th birthday!). “From the political ferment in the United States in the era of Donald Trump to the stunning victory of Emmanuel Macron in response to the yearnings of French citizens for bold, new leadership. From the electoral shifts in the recent elections in the United Kingdom in the era of Brexit to the political crisis in Brazil over allegations of corruption against its elected leaders, leadership is the big issue. For good or ill, we live in its shadow.

GTBank Wins Euromoney Awards Guaranty Trust Bank Plc (GTBank) said it was recently recognised as ‘Nigeria’s Best Bank & Africa’s Best Bank for SMEs’ during the 2017 Euromoney Awards which held in London. Now in its 26th year, the Euromoney Awards for Excellence covers more than 20 global product categories, best-in-class awards and the best banks in over 100 countries around the world by recognising institutions that have demonstrated

leadership, innovation, and momentum in the markets they operate. In selecting its recipients, Euromoney combines quantitative and qualitative data to honor institutions that have brought the highest levels of service, innovation and expertise to their customers. According to a statement while commenting on the award, Managing Director/ CEO of GTBank, Segun Agbaje said: “We are honored to win the Best Bank in Nigeria award

a record eight times and to be recognised as Africa’s Best Bank for SMEs. These awards reflect our progress in building strong, value adding relationships with our customers whilst positioning the bank as the financial institution for small and medium enterprises through our creation of free business platforms that are geared towards promoting enterprise in key economic sectors.

LCCI Hosts Economic Development Discourse The Financial Services Group of the Lagos Chamber of Commerce and Industry (LCCI) plans to host Corporate Nigeria to a breakfast meeting on sustainable economic development. The theme of the breakfast meeting scheduled to hold in Lagos on July 12, 2017, is ‘Economic Recovery and Growth Plan: Roadmap to A Sustainable Economy.’ The meeting aims to chart a sustainable economic recovery course for the nation ensuring that immediate national needs are met without compromising the ability of future generations to meet their own needs An economist and Chief Executive Officer of Economic Associates, Dr. Ayo Teriba, would

be the keynote speaker. He will address key players from all sectors of the economy on resuscitating the economy and placing it on the path of sustainable development. Speaking on the importance of the session, Chairperson, Financial Services Group Head and General Manager, Corporate Banking, Sterling Bank Plc, Mrs. Mojisola Bakare, said it was necessitated by the need for financial and economic experts as well as relevant stakeholders in the economy to address current issues and proffer strategic options to the federal government as it seeks to stabilise the economy after a gruelling recession. “The Financial Services Group

is keen on the resolution of issues stifling Nigeria’s economic development. We hope to achieve this by engaging and highlighting areas of need to business leaders and policy makers, among other relevant stakeholders, for action. We believe that the private and public sector can work collaboratively to deliver sustainable economic and development solutions to the nation”, Bakare added. The Financial Services Group of the LCCI consists of a wide range of business organisations operating in the financial sector of the Nigerian economy such as banks, insurers, credit card companies, stockbroking firms amongst others.

Access Bank Announces Beneficiaries of its Empowerment Scheme In line with its commitment to empower women with the skills they need to thrive in the economy, Access Bank Plc recently concluded the first season of its ‘Womenpreneur’ workshop by training female entrepreneurs in the Eastern region of the country. The bank revealed that this edition which serves as the fifth and final edition of the first season was organised just before the third anniversary of its ‘W’ initiative. The workshop, which held in Enugu state served as the final session for the first season of

the series. Prior to the Enugu workshop, the bank had held the training in other locations in the country namely; Lagos, Port Harcourt, Ibadan, Abuja and Kaduna and trained over 1,600 female entrepreneurs in the first season. Speaking on the purpose of the workshop, Group Head, Inclusive Banking of Access Bank Plc, Mrs. Ope Wemi-Jones was quoted in a statement to have said: “Since 2006, the bank has continued in its commitment to drive women’s economic empowerment in the nation. The Womenpreneur busi-

ness workshop is intended to educate and enlighten Nigerian women on the fundamentals in business which will eventually help them attain their full potentials and continue to drive economic activities in Africa. “So far, business women in Lagos, Port Harcourt, Ibadan, Abuja and Kaduna have benefitted immensely from the workshop with over 1600 female entrepreneurs testifying to have increased their business network, improved their business model and are thriving through the economy with ease.”

Moghalu

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 • Source - CBN

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

10.39

Monetary Policy Rate (MPR

14.00

Treasury Bill Rate

13.96

Savings Deposit Rate

4.18

1 Month Deposit Rate

8.53

3 Months Deposit Rate

8.80

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Prime Lending rate

17.09

Maximum Lending Rate

28.55

• Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY 7, JULY 2017

The price of OPEC basket of fourteen crudes stood at $45.11 a barrel on Friday, compared with $46.52 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), Zafiro (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 • TUESDAY, JULY 11, 2017

Nigeria’s top 50 stocks based on market fundamentals

10-Jul-17

7-Jul-17

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

204.93

0.00%

3,492,111,182,506.65

10.95

18.72

5.68

3.90%

4.38

02 Nigerian Breweries Plc

153.01

154.00

-0.64%

1,213,231,726,872.88

3.58

44.29

4.01

2.27%

7.59

03 Guaranty Trust Bank Plc

34.62

34.60

0.06%

1,018,907,424,734.88

4.49

7.94

2.53

4.96%

2.08

901.00

0.00%

714,183,283,052.00

10.00

91.02

3.97

3.19%

23.36

21.31

20.60

3.45%

669,059,282,579.66

4.13

5.06

1.29

8.61%

0.93

06 United Bank for Africa Plc

8.92

8.50

4.94%

323,613,374,792.24

1.99

4.75

0.90

6.34%

0.77

07 Stanbic IBTC Holdings Plc

31.00

31.50

-1.59%

310,000,000,000.00

2.85

11.37

2.07

0.31%

2.30

9.58

9.13

4.93%

277,129,968,224.98

13.18

0.72

5.76%

0.61

67.93

0.00%

269,714,505,666.85

0.03 2,496.60

4.06

1.78%

6.93

465.00

467.00

-0.43%

11 Ecobank Transnational Incorporated

12.87

12.39

12 Lafarge Africa Plc

50.00

04 Nestle Nigeria Plc 05 Zenith Bank Plc

08 Access Bank Plc 09 Presco Plc 10 Seplat Petroleum Dev. Co. Ltd

13 FBN Holdings Plc

257,289,295,545.00 -82.02

-5.67

4.06

3.42%

0.68

3.87%

236,158,724,137.05

0.68

19.68

0.42

4.66%

0.39

0.00%

227,745,090,500.00

3.71

13.48

1.04

6.00%

0.91

6.24

6.10

2.30%

223,986,627,022.08

0.21

29.88

0.42

2.42%

0.36

34.00

0.00%

128,632,072,500.00

0.81

50.31

2.21

0.12%

13.22

15 Dangote Sugar Refinery Plc

8.70

0.00%

104,400,000,000.00

1.20

7.50

0.64

5.56%

1.63

16 International Breweries Plc

29.97

0.00%

98,728,650,921.60

0.02 1,356.74

3.78

0.82%

9.18

8.05

7.68

4.82%

96,878,682,096.70

0.29

25.94

0.20

9.96%

0.47

18 Guinness Nig Plc

62.00

0.00%

93,365,067,656.00

-3.06

-23.38

1.04

4.48%

2.73

19 Total Nigeria Plc

266.00

0.00%

90,312,808,642.00

43.58

6.24

0.32

5.15%

3.92

20 Mobil Oil Nig Plc

236.55

0.00%

85,298,809,226.10

22.61

11.06

0.96

2.88%

4.20

21 Flour Mills Nig. Plc

25.00

22.78

9.75%

65,605,929,675.00

-1.19

-23.46

0.17

7.15%

0.74

22 Forte Oil Plc.

48.70

0.00%

63,430,829,716.10

2.22

23.75

0.46

6.55%

1.58

1.44

1.43

0.70%

55,758,236,292.00

-0.03

-50.16

0.95

0.00%

0.65

24 Okomu Oil Palm Plc

56.65

0.00%

54,039,001,500.00

5.15

11.36

3.88

0.17%

3.28

25 7-Up Bottling Comp. Plc

82.00

0.00%

52,528,409,766.00

-0.05

0.63

2.42%

2.63

26 Julius Berger Nig. Plc

32.14

0.00%

42,424,800,000.00

-2.89

-13.64

0.37

3.80%

0.74

1.29

1.26

2.38%

37,361,735,542.68

0.39

3.41

0.25

12.12%

0.21

17.25

0.00%

33,134,910,675.75

3.37

5.34

0.46

5.56%

0.46

29 Sterling Bank Plc

1.04

0.00%

29,942,034,851.04

0.18

5.91

0.27

8.49%

0.36

30 Diamond Bank Plc

1.24

1.21

2.48%

28,718,882,320.32

-0.29

-4.43

0.14

0.00%

0.13

31 FCMB Group Plc

1.27

1.24

2.42%

25,149,442,691.87

0.72

1.77

0.14

7.81%

0.14

32 National Salt Co. Nig. Plc

9.40

9.04

3.98%

24,904,720,753.20

0.91

10.19

1.35

5.92%

3.06

33 Glaxo Smithkline Consumer Nig. Plc

20.00

0.00%

23,917,529,760.00

3.51

5.82

1.70

1.47%

1.43

34 Cap Plc

34.00

0.00%

23,800,000,000.00

2.29

13.97

3.29

3.59%

9.81

2.19

2.30

-4.78%

22,995,000,000.00

0.25

8.53

1.08

2.34%

1.11

11.99

12.50

-4.08%

22,519,642,459.60

-0.16

-86.50

0.86

9.52%

2.32

0.56

0.55

1.82%

21,601,701,005.36

0.07

8.19

0.39

0.00%

0.44

21.00

0.00%

21,000,000,000.00

5.69

4.04

1.60

0.44%

0.62

39 Custodian And Allied Insurance Plc

3.40

0.00%

19,998,338,263.00

0.91

4.04

0.56

3.83%

0.72

40 Honeywell Flour Mill Plc

1.90

0.00%

15,067,375,550.20

-0.40

-4.35

0.29

9.09%

0.42

41 Continental Reinsurance Plc

1.36

1.30

4.62%

14,106,932,264.32

0.42

2.95

0.58

9.68%

0.69

42 Cement Co. Of North.Nig. Plc

9.70

0.00%

12,189,774,330.20

0.22

46.64

1.15

0.98%

1.19

43 Skye Bank Plc

0.57

0.60

-5.00%

7,911,771,803.70

-2.93

-0.21

0.05

49.18%

0.08

44 Unity Bank Plc

0.64

0.61

4.92%

7,481,176,282.88

0.19

3.91

0.10

0.00%

0.10

45 Wapic Insurance Plc

0.50

0.00%

6,691,369,126.00

0.18

2.89

0.89

5.77%

0.42

46 Resort Savings & Loans Plc

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

47 UACN Property Development Co. Limited

2.80

0.00%

4,812,499,986.00

-0.90

-3.10

0.76

25.00%

0.14

48 Nigerian Aviation Handling Company Plc

2.80

2.90

-3.45%

4,547,812,500.00

0.36

8.59

0.63

6.51%

0.77

49 Fidson Healthcare Plc

2.83

0.00%

4,245,000,000.00

0.21

12.55

0.52

1.89%

0.60

50 AIICO Insurance Plc

0.60

0.59

1.69%

4,158,122,688.00

1.48

0.41

0.15

8.33%

0.48

14 Unilever Nigeria Plc

17 Oando Plc

23 Transnational Corporation Of Nigeria Plc

27 Fidelity Bank Plc 28 U A C N Plc

35 Mansard Insurance Plc 36 Cadbury Nigeria Plc 37 Wema Bank Plc 38 PZ Cussons Nigeria Plc

TOTAL

10,686,454,422,681.90

TOTAL MARKET CAP

11,240,644,649,852.90

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

95.07%

Table 1 Market Statistics Mkt Indicators

Open 7-Jul-1

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

32,459.17 11.19

32,614.60 11.24

0.48% 0.48%

136.37 10.62

137.25 10.69

0.64% 0.64%

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

Close 10-Jul-17

Change %

Table 3 Top 5 Gainers Stock

Open 7-Jul-1

Flour Mills Nig. Plc United Bank for Africa Plc Access Bank Plc Unity Bank Plc Oando Plc

22.78 8.50 9.13 0.61 7.68

Close Change % 10-Jul-17 25.00 8.92 9.58 0.64 8.05

9.75% 4.94% 4.93% 4.92% 4.82%

Table 4 Top 5 Losers Stock

Open 7-Jul-1

Skye Bank Plc Mansard Insurance Plc Cadbury Nigeria Plc Nigerian Aviation Handling Company Plc Stanbic IBTC Holdings Plc

Close Change % 10-Jul-17

0.60 2.30 12.50 2.90

0.57 2.19 11.99 2.80

-5.00% -4.78% -4.08% -3.45%

31.50

31.00

-1.59%

Market gains by 0.48% on the first trading day Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, July 10th, 2017 again ended on a positive note as the stock market closed green. This was further highlighted by positive performance from the NSE Subsectors: Banking and Oil & Gas (Save Insurance and Consumer Goods). Also, trading activities increased in volume as 212.38m shares worth of N2.47 billion in 3,217 deals exchanged hands today. This is an increase from 168.51m shares worth of N3.63 billion in 3,627 deals which exchanged hands on Thursday. Topping in volume terms are: Guaranty Trust Bank, FCMB Plc and Zenith Bank Plc; Guaranty Trust Bank Plc and Zenith Bank Plc ended trading as the most active stocks in value terms. Brent crude oil price move upward to US$47.03 per barrel. The All Share Index (NSEASI) closed positive with 0.48% (+155.43) increase to close at 32,614.60 from 32,459.17 the previous trading day. Market capitalization appreciated in tandem to N11.24 trillion from N11.19 trillion of prior trading day. Similarly, the Thisday BGL 50 Index closes with an increase of 0.64% to 137.25 from 136.37 recorded at the end of the previous trading day, while its market capitalization stood at N10.69 trillion from N10.62 trillion of the previous trading day. Market breath closed positive today as 26 stocks gained on the bourse while 15 stocks lso declined leaving 63 stocks unchanged. Leading the pack was Flour Mills Nig. Plc with a gain of 9.75% to close at N25.00 per share. It was followed by Red Star Express Plc with a gain of 5.00% to close at N5.25 per share. Others on the gainers’ list include: C&I Leasing Plc, United Bank for Africa Plc and Access Bank Plc. On the decliners’ list, Union Bank Nig. Plc led with a loss of 8.82% to close at N5.58 share. It was followed by University Press Plc 5.00% to close at N3.23 per share. Others on the decliners list include: Skye Bank Plc, A.G. Leventis Nigeria Plc and Vitafoam Nigeria Plc. Topping the Thisday BGL 50 Index gainers’ list Flour Mills Nig. Plc as it emerged as the day’s toast of investors with a gain of 9.75% to close at N25.00 per share. It was followed by United Bank for Africa Plc with a gain of 4.94% to close at N8.92 per share. Others on the gainers list include: Access Bank Plc, Unity Bank Plc and Oando Plc; while on the decliners’ list, Skye Bank Plc lead with a loss of 5.00% to close at N0.57 share. It was followed by Mansard Insurance Plc with a loss of 4.78% to close at N2.19 per share. Others on the decliners list include: Cadbury Nigeria Plc, Nigerian Aviation Handling Company Plc and Stanbic IBTC Holdings Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

T H I S D AY â€˘ TUESDAY, JULY 11, 2017

MARKET NEWS

Increased Demand for Banking Stocks Lifts Index by 0.48% Goddy Egene and Nosa Alekhuogie The stock market continued on a positive trend yesterday as bargaining hunting activities in the banking stocks assisted to sustain the bull run. Specifically, the Nigerian Stock Exchange (NSE) All-Share Index appreciated by 0.48 per cent to close at 32,614.60, while market capitalisation added N53.6

billion to close at N11.2 trillion. Investors swooped on banking stocks, taking position ahead of half year corporate results announcement. Out of the 26 price gainers, 12 were banking stocks. United Bank for Africa Plc, Access Bank Plc, Unity Bank Plc appreciated by 4.9 per cent apiece, while Ecobank Transnational Incorporated garnered 3.8 per cent. Zenith Bank Plc chalked up

3.4 per cent, just as Diamond Bank Plc and FCMB Holdings Plc went up by2.4 per cent each. Fidelity Bank Plc and FBN Holdings Plc gained 2.3 per cent apiece, while Wema Bank Plc, Jaiz Bank Plc and Guaranty Trust Bank Plc appreciated by 1.8 per cent, 1.5 per cent and 0.06 per cent in that order. However, Flour Mills of Nigeria Plc recorded the highest price gainer for the day, rising

by 9.7 per cent. Redstar Express Plc and C & I Leasing Plc followed with 5.0 per cent apiece. Conversely, 15 stocks depreciated led by Union Bank of Nigeria Plc with 8.8 per cent. University Press Plc and Skye Bank Plc trailed, shedding 5.0 per cent apiece. A.G Leventis Nigeria Plc and Vitafoam Nigeria Plc went down by 4.8 per cent each, just as AXA Mansard Insurance Plc,

Cadbury Nigeria Plc and John Holt Plc declined by 4.7 per cent, 4.0 per cent and 3.5 per cent respectively. A look at the performance across sectors showed that three appreciated while two declined. The NSE Banking Index led the sectoral performance with 3.0 per cent. The NSE Oil &Gas Index trailed with a gain of 0.7 per cent due to positive sentiment towards Oando Plc

(+4.8 per cent). Similarly, the NSE Industrial Goods Index added 0.3 per cent as a result of price appreciation in Meyer Plc (+4.3 per cent). On the negative side, the NSE Consumer Goods Index shed 0.7 per cent on the back losses suffered by Nigerian Breweries (-0.6 per cent). The NSE Insurance Index fell by 0.3 per cent following depreciation in the shares of AXA Mansard (-4.8 per cent).

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY • TUESDAY, JULY 11, 2017

MARKET NEWS

LASACO Assurance Records N6bn Premium, N1.1bn Profit Nosa Alekhuogie LASACO Assurance Plc has recorded an 18 per cent increase in its gross premium income from the N5.1billion it realised in 2015 to N6.04 billion in 2016. However, there was a decrease of 43 per cent in net premium income from N2.4 billion in 2015 to N1.4 billion in 2016, this was due to increase in unearned premium income and reinsurance cost.

Chairman of the company, Mrs. Aderinola Disu, who stated this at the company’s 37th annual general meeting, (AGM) in Lagos recently, claims expenses reduced by N84 million from N706 million in 2015 to N622 million in 2016, while operating expenses for the year also increased by N948 million from N1.509 billion to N2.458 billion in 2016. “The company achieved a profit before tax (PBT) of

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

N1.14 billion for the financial year ended December 2016. This represents an increase of 183 per cent when compared with the N404 million achieved in 2015,” she said. LASACO ended the year with profit after tax of N944.461 million, up by 233 per cent to N944.461 million, from N283.320 million in 2015. “Total assets moved from N16.1 billion in 2015 to N 19.2 billion in 2016 while shareholders’ fund increase d

floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 7-July-2017, unless otherwise stated.

by N1.27 billion from N6.578 billion to N7.851billion,” the chairman added. Based on the performance, the directors recommended a dividend of three kobo per share for the 2016. The dividend was approved by the shareholders and they would begin to receive it from July 14, 2017. Disu explained that the company has taken dynamic and pro- active steps to improve the brand positioning in the market

by engaging consultants responsible for developing a refreshed brand identity for the company. She also stressed that the company is reorganizing its business model to avoid dependence on oil and gas insurances by developing competencies in agricultural insurance as the next growth area of the economy. “The company is equally reviewing the branch network to ensure presence in the six geo-political zones

of the country for better coverage and productivity,” she said. Speaking on the company’s performance, one of the shareholders noted that a lot of homework still needed to be done on the insurance sector. “I am impressed with the results though they need to be aggressive for them to maintain and improve on the impressive bottom line,” the shareholder said.

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

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 159.73 159.84 25.57% Nigeria International Debt Fund 226.25 226.31 6.38% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.74 0.75 5.53% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 18.86% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 15.25 15.71 23.51% ARM Discovery Fund 335.40 345.51 16.79% ARM Ethical Fund 24.18 24.91 8.24% ARM Money Market Fund 1.00 1.00 0.00% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 130.95 131.87 24.50% AXA Mansard Money Market Fund 1.00 1.00 19.00% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 0.00% Paramount Equity Fund 10.78 11.05 15.14% Women's Investment Fund 91.41 93.75 8.05% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 19.11% FBN CAPITAL ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,093.73 1,094.81 8.08% FBN Heritage Fund 130.49 131.56 17.03% FBN Money Market Fund 100.00 100.00 17.75% FBN Nigeria Eurobond (USD) Fund - Institutional $108.39 $109.28 5.38% FBN Nigeria Eurobond (USD) Fund - Retail $107.40 $108.30 5.15% FBN Nigeria Smart Beta Equity Fund 142.23 144.40 26.37% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 1.28 1.28 35.11% Legacy Short Maturity (NGN) Fund 2.77 2.77 7.91% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,606.19 2,649.36 18.25% Coral Income Fund 2,304.07 2,304.07 9.50% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 14.08% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 1.00 1.00 17.75% Vantage Balanced Fund 1.96 1.98 16.53% Vantage Guaranteed Income Fund 1.00 1.00 18.23%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.07 1.09 8.42% Lotus Halal Fixed Income Fund 1,044.18 1,044.18 6.08% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 12.36 12.45 27.82% Meristem Money Market Fund 10.00 10.00 19.08% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.13 1.15 14.28% PACAM Fixed Income Fund 10.65 10.71 2.46% PACAM Money Market Fund 10.00 10.00 14.12% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 119.36 120.49 17.31% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.33 1.33 6.52% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,058.67 2,070.15 0.47% Stanbic IBTC Bond Fund 162.59 162.59 0.05% Stanbic IBTC Ethical Fund 0.91 0.92 1.67% Stanbic IBTC Guaranteed Investment Fund 202.76 202.76 0.14% Stanbic IBTC Iman Fund 155.15 157.26 1.05% Stanbic IBTC Money Market Fund 100.00 100.00 18.50% Stanbic IBTC Nigerian Equity Fund 8,794.29 8,892.82 0.96% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.27 1.28 6.45% United Capital Bond Fund 1.36 1.36 15.15% United Capital Equity Fund 0.79 0.81 -3.61% United Capital Money Market Fund 1.13 1.13 11.51% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 11.71 11.90 20.83% Zenith Ethical Fund 12.54 12.68 14.63% Zenith Income Fund 18.20 18.20 10.12%

REITS

NAV Per Share

Yield / T-Rtn

11.41 128.42

1.01% 3.59%

Bid Price

Offer Price

Yield / T-Rtn

9.70 94.11

9.80 95.85

10.42% 1.41%

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

EXCHANGE TRADED FUNDS

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

3.83 7.64 14.98 19.20 131.04

3.87 7.72 15.08 19.40 133.04

38.57% 8.63% 25.66% 20.25% 1.65%

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

T H I S D AY TUESDAY JULY 11, 2017

Advertorial

WHEN SILENCE IS NOT GOLDEN:

COUNT ME OUT OF ANY GANG UP AGAINST ACTING PRESIDENT YEMI OSINBAJO In the past few days, many Nigerians and our foreign friends have been bombarding me with calls and visits to ascertain the authenticity of a report by the Sahara Reporters to the effect that I attended a meeting in Saudi Arabia where a plan was hatched to remove the Acting President, Professor Yemi Osinbajo. My first reaction was to ignore the report as it fell within the genre of yellow journalism that has become the hallmark of Sahara Reporters. Besides, I did not think it was necessary to dignify my political opponents, those cowards and some traitors, who are afraid of a frontal confrontation, with any reply. However, following considerable introspection, and in consultation with my political associates across the country, I decided that these are times when silence may not be golden and when, for the sake of our dear country and the future survival of democracy, patriots must lend a voice to douse the simmering political crisis that is trending towards a conflagration. For these reasons and the grave concern expressed by well-meaning Nigerians, I have decided to issue the following statement: 1. I did not attend a meeting where the fate of Acting President Yemi Osinbajo was discussed, let alone decided. To claim that I attended any such meeting is a figment of the imagination of the authors of that story. My sojourn abroad did not go beyond my spiritual obligation which has become part of my life in the past 35 years or so. 2. I was not invited to such a meeting, if it held at all. And even if I had been invited I would not have attended for reasons that are all too obvious. My antecedents are so well established that to associate me with a clandestine parochial project aimed at subverting the constitution will negate everything that I stand for and cherish. As everyone knows, throughout my political career, I have stoutly defended the constitution at similar moments in the past when, as a serving senator, I spearheaded the National Integrity Group (NIG) in the Senate that paved the way for then vice President Goodluck Jonathan, to ascend to the position of acting president as required by the constitution. I wish to recall with nostalgia the statesmanship of the Senate as an institution which provided the political solution, by way of the novel “Doctrine of Necessity”, to rescue the country from the precipice. Why would I then descend from that high moral pedestal, from the status of a statesman, to the nadir of political juvenility and rascality at a time that summons all patriots, to join forces to stabilize our tottering nation-state? No matter how anybody feels, it must be acknowledged that Yemi Osinbajo is today occupying the position of acting President and Commander-in-Chief of the Federal Republic of Nigeria by the grace of God. Therefore, political opportunists and agent provocateur especially those of his All Progressives Congress (APC) should spare the nation this embarrassing conspiracy narrative that is domiciled in their party.

How much more unconscionable can we be as a people to show such great disrespect for anybody, let alone our President? If Sahara Reporters and its heartless sponsors do not mind, I do and plead to be spared the agony of dignifying the treacherous politicians with any further reply. 4. Contrary to the falsehood painted in the Sahara Reporters story, I wish the President speedy recovery. And that is for very good reasons. First by my cultural and religious orientation, I would not wish any other human being to die, not even my traducers because life and death are in the hands of Allah. Second, President Buhari has been one of my leaders since my days in the All Nigeria People’s Party (ANPP) when, riding on his popularity and the grace of God, I won election to represent Bauchi South in the Senate. That was the pedestal that launched the dizzying political trajectory that those who smuggled my name into that gathering are trying desperately to scuttle. They will fail. For now, my main preoccupation is to join all those patriotic Nigerians who have been praying for the recovery and return of our President. If there was any time he was needed most, that time is now: his presence and leadership are required at this challenging crossroads in the history of our country. 5. I wish to conclude by making two very important points: a. One, at a time like this, when tempers are flaring up dangerously and fear has become the order of the day, what is required is for all stakeholders, notwithstanding personal ambitions, party affiliation or sub-national interests, to join hands with the Acting President in stabilizing the ship of state. Unless we are being hypocritical, Professor Osinbajo is doing his best to bridge the leadership vacuum created by the absence of the President, a vacuum that has triggered all kinds of dangerous political permutations. This is rather unfortunate. However, let it be sounded loud and clear that, at a time like this, the country’s leadership is expected to galvanize all stakeholders while the political class is expected to rally behind it to fashion a way out of the present crisis. I would want to say that Professor Osinbajo has demonstrated courage in the face of danger, commendable sobriety in spite of provocation and focus in the midst of distraction to the extent that, I am confident, President Buhari will be very proud of him. I make this comment with every sense of responsibility and without prejudice to my loyalty to my party, the People’s Democratic Party (PDP) and my personal ambition and aspirations as a politician!

b. The second point is that my detractors and political opponents should not waste their precious resources on devious plans to destroy me through campaigns of calumny and false accusations because like all false witnesses, God will cut them down at the point of their successes. In this regard, my faith in God remains unshaken and my commitment to a united Nigeria anchored on equity, justice and fair play as bedrocks of a true federation remain sacrosanct. Consequently, it is therefore axiomatic that, no amount of cheap blackmail, no level of persecution and no subterfuge by Sahara Reporters and its promoters will diminish 3. What is playing out, with respect to the President’s health, is a painful my resolve to continue to play constructive and patriotic roles in serving and sordid illustration of the desperation of some members of the the good people of Bauchi State and our dear country Nigeria. political class and the complete loss of humanity by some politicians that, rather than pray for the recovery and return of our President, they Finally, I implore all Nigerians to continue to pray for the good health of are busy plotting how to replace him. Is it not shameful that they are our President and for God to grant Acting President Osinbajo the wisdom displaying such morbid desperation that negates both religious and to lead the country in the right direction until the President returns. traditional values to even allow their treacherous thoughts to filter out? Signed:

SENATOR BALA ABDULKADIR MOHAMMED, CON (Kauran Bauchi)

Former Minister of the Federal Capital Territory, FCT 8 July 8, 2017

T H I S D AY TUESDAY JULY 11, 2017

TUESDAY JULY 11, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Battle for Mosul: Iraq PM Abadi Formally Declares Victory Iraqi Prime Minister Haider al-Abadi has formally declared victory over so-called

Islamic State (IS) in Mosul. Mr Abadi waved a national flag with troops after

China’s Ailing Nobel Laureate in ‘Critical Condition’ China’s cancer-stricken Nobel laureate Liu Xiaobo is in a critical condition, his hospital said Monday, raising fears about his life after Western doctors said there was time to take him abroad. The First Hospital of China Medical University in the northeastern city of Shenyang said Liu’s tumour has grown, his liver is bleeding and he has kidney problems. The hospital said in a statement on its website that it is preparing to take the 61-year-old democracy advocate into emergency care if necessary, adding that “Liu’s family members have been informed of the above circumstances” . But human rights activists

decried the hospital statement as a delay tactic to prevent Liu from getting his wish of going abroad, where they say he would be free to speak out. The Germany embassy, meanwhile, voiced “deep concern” about the leak of a video showing a gauntlooking Liu in his hospital bed while the German and American doctors talk to his wife, Liu Xia, and Chinese physicians. Decrying a breach of doctor-patient confidentiality, the embassy said in a statement that “certain authorities have evidently made audio and video surveillance recordings” of the weekend visit “against the expressed wishes of the German side”.

announcing the “collapse of the terrorist state of falsehood”. Earlier, clashes were reported in a small part of Old City where a few dozen IS militants were

holding out. The battle for Mosul has taken almost nine months, left large areas in ruins, killed thousands of civilians and displaced more than 920,000 others.

Commanders from the US-led coalition that has provided air and ground support to Iraqi forces said the urban combat had been most intense since World War Two.

Mr Abadi made the declaration of victory at the operations room of the Counter-Terrorism Service, whose elite forces were the first to enter Mosul in November.

Turkey Marks Failed Coup that Changed Country Turkey marks one year on July 15 since a coup attempt aiming to topple President Recep Tayyip Erdogan that failed within hours but etched far-reaching consequences into its society and politics. The country is in the throes of the biggest purge in its history against alleged coup supporters

while Erdogan has seen his grip on power tightened rather than weakened. But Turkey is also facing some isolation on the diplomatic stage, experiencing tense relations with the European Union and the United States, and now trying to limit the damage from an explosive crisis over its ally Qatar

in the Gulf. “One year on from the coup bid, President Erdogan is stronger than ever,”said Ozgur Unluhisarcikli, Ankara office director of the German Marshall Fund of the United States. But he added the crackdown has “unavoidably weakened Turkey’s international standing

particularly vis-a-vis Europe and the United States.” On the night of July 15, 2016, an army faction disgruntled with Erdogan’s one-and-a-half decades of domination sought to seize power, closing the bridges in Istanbul, bombing parliament in Ankara and deploying tanks in the streets.

Trump Son Defends Meeting Russian ‘with Clinton Material’ President Donald Trump’s son has hit back at US media reports of his meeting with a Russian lawyer who said she had damaging material about Hillary Clinton. Donald Trump Jr denied issuing inconsistent statements about last year’s meeting. He also suggested it was

normal practice to receive information about a political opponent. US officials are investigating alleged Russian meddling in the US election. The president’s son-in-law, Jared Kushner, and thencampaign head, Paul J Manafort, were also at the meeting with

Natalia Veselnitskaya. Mr Trump Jr insists she provided “no meaningful information”on Mrs Clinton, his father’s rival for the presidency. On Monday he tweeted sarcastically: “Obviously I’m the first person on a campaign to ever take a meeting to hear info about

an opponent.” He then tweeted: “No inconsistency in statements... In response to further Q’s [questions] I simply provided more details.” And he linked to a piece in the New York Post headlined “The Times’ exposé’ on Donald Trump Jr is a big yawn”.

TUESDAY, JULY 11, 2017• T H I S D AY

NEWSXTRA

FG’s New Industrial Council Unfolds Commitment to Infrastructure Development Omololu Ogunmade in Abuja The newly inaugurated Nigeria Industrial Policy and Competitiveness Advisory Council chaired by acting President Yemi Osinbajo held its first meeting in the State

House yesterday with a resolve to drive critical infrastructure development in the country. Answering questions from journalists at the end of the meeting, the council’s Vice Chairman and Minister of Industry, Trade and Investment,

...Targets Dec 2018 for Completion of Lagos-Ibadan Standard Gauge Rail The Minister of Transportation, Mr. Rotimi Amaechi, said federal government would ensure the completion of the ongoing Lagos-Ibadan standard gauge rail services by December 2018. Amaechi gave the assurance yesterday in Lagos while inspecting the ongoing rail projects at Ijoko community area of Ogun State. The minister said the federal government was making all efforts to ensure the completion of the project as scheduled. “I have made a personal decision to come to Lagos to get briefing and update on the ongoing project. “I have decided to come to the site monthly to put the company handling the project on their toes to ensure quick delivery of the project. “The government is committed to deliver the projects on time for the benefit of the people at least by December 2018, Lagos-Ibadan standard gauge rail operation should commence,’’ he said. Amaechi, according to the News Agency of Nigeria (NAN), added that the only challenge facing the projects was the

bridges across the rail lines. The minister said that some of the bridges include Oshodi, Ikeja and the newly constructed Ijoko Bridge by Gov. Ibikunle Amosun, of Ogun State. According to him, various means would be considered to determine the cheaper alternatives of moving the rail across the bridges due to its height and flow levels. Amosun, earlier in his remarks, commended the federal government on the rail project, saying that the development would bring economic development to the various communities within both states. The governor also hailed the minister’s efforts of constant inspections to ensure prompt delivery of the projects. He said Ogun State Government had constructed about 90 per cent of federal roads within the state, saying that the federal government should consider refunding the state for the projects. “I appeal to the federal government to consider the state to refund federal roads projects constructed by the state,’’ he said.

Dr. Okechukwu Enelamah, said the meeting outlined its strategies for operation and would concentrate attention on working with both the private and public sectors with a view to tackling critical issues confronting industrialisation in Nigeria. Besides infrastructure development, the minister listed other areas of the council’s concentration to include: financing, trade, skills and capacity building. According to him, the council had constituted various committees within itself and spelt out its areas of priority, adding that the council will in its next meeting unfold its implementation agenda. “This is the second meeting of the Nigeria Industrial Policy and Competitiveness Advisory Council or Industrial Council for short. It was a working session. “We talked about the modalities - how we are going to work. We divided ourselves into groups and the critical issues and matters that affect industries and I can tell you that we have gone to work.

“The first meeting was inaugural meeting. This was a working meeting and we have committed to making sure that working together between the private and public sectors, we ‘ll engage and solve the most pressing problems and challenges that face industry and industrialisation in Nigeria. “There are a couple of questions that are important in strategy. They say ‘the who’ is even more important than ‘the what.’ The who and what questions are the two most important questions in strategy. Who is doing the strategy and implementing it? And what is the strategy? “Those two questions have been answered here. The who is here. The what has also been addressed. We have identified five top priority areas - critical infrastructure, financing and trade and skills and capacity building. Those are the five areas the committees will focus on, and we have divided ourselves into groups. Next time we meet you, we will be telling you the priority areas and the implementation solutions we have focused on,”

he said. Also speaking, Chairman of BUA Group, Abdulsamad Rabiu, echoed Enelamah that the council resolved to drive critical infrastructure development with particular attention on power and roads. According to him, the council expressed concern over poor power supply ravaging the country and promised commitment to changing the trend, pointing out that the council would among others, concentrate attention on improved power generation. He said a situation where Nigeria as the largest economy in Africa generates paltry 4,000 mega watts of electricity for over two decades was a sad commentary which he said the federal government was prepared to alter. “We had a very good meeting and I think that at the end of the day, if all the things that are being presented are implemented, we will definitely move the country forward. There are some critical areas that the council is looking at, like power, infrastructure, road and all those things. But the

most important thing that I think the council is looking at is to see how power generation can be improved for Nigerians. “As we all know, power generation in Nigeria is at 4000 mega watts for more than 20 years. So, government is very concerned. It’s very worried and it is doing everything possible to ensure that Nigeria has the required power. If you look at Egypt for example, it has recently inaugurated a 4,000 megawatts hydro which only started about four years ago. Nigeria, being the biggest economy and having only 4,000 or 5,000 megawatts, I think it’s not the best for us. “So, the government is doing everything possible to ensure that at least, some of these critical areas are addressed. There is definitely the need for us to do something about it. The government has invited the private sector and we are working together how we can come together come out with modalities to improve most of these critical areas to move this country forward,” Rabiu stated.

Nigeria’s GDP to Hit $595bn by 2020 Ndubuisi Francis in Abuja Nigeria’s gross domestic product (GDP) is projected to hit $595 billion in the next three years (2020), according to the latest Africa Investment Index 2016 released by Quantum Global Lab. With a GDP of $415 billion currently, Nigeria is the biggest economy in Africa, and the GDP is projected to grow to about $595 billion by 2020 based on the latest report Africa Investment Index. Nigeria is the 19th most attractive economy for investments flowing into the African continent, according to the The Cable, an online news platform, citing the latest Africa Investment Index 2016 by Quantum Global Lab. The country attracted a net foreign direct investment of $3.1 billion in 2015, Quantum Global Lab stated. Speaking at an investment summit, Head of Quantum Global Research Lab, Mthuli Ncube, said Nigeria still has prospects despite the current economic challenges. “Despite the current economic

challenges, we are quite confident on the medium to long term market prospects.” “Nigeria has earmarked a significant amount of capital to develop critical infrastructure in the country and there are various opportunities for public-private collaboration providing investors’ return on their investments. We anticipate that investment in infrastructure will underpin the growth of the economy and meet the needs of a large Nigerian growth population,” he said. Ncube advised the government on the steps to take to grow the economy. “The short to mediumterm focus of the Nigerian government is to reduce imports and address primary sector blockages, such as roads, bridges, power, railway, aviation, water, housing, agriculture, education and health,” he said. “Despite the current market volatility, Nigeria presents tremendous investment opportunities in these areas, which would not only support the local economy but also deliver significant yields to foreign investors,” he said.

HONOURING GREAT ALUMNI

L-R: Dean, Lagos Business School (LBS), Enase Okenodo; President Chief Executive Programme CEP23, Chief Anil Grover; and Vice Chancellor, Pan Atlantic University, Prof. Juan Elegido, at the appreciation of some deserving alumni at the annual alumni president’s dinner to celebrate its 25th anniversary of the school in Lagos....recently

BLAME EXECUTIVE, NOT SENATE FOR MAGU’S NON-CONFIRMATION, MELAYE INSISTS the executive can decide which law to obey and which not to obey,” he said. He called on the executive not to make Magu look like the last angel in Nigeria, adding that the executive was beginning to make it look like if Magu decides he is no longer interested in the position, that the EFCC will close up. “Magu is a policeman recruited to serve this country. His mates are either area commanders or divisional police officers, so he can still be relevant to Nigeria. He doesn’t have to be EFCC chair. Since he has been rejected by the Nigerian Senate, the onus fall on the executive to only obey,” he added. On President Buhari’s fight

against corruption, Melaye said he believes the president means well, but added that the fight against corruption must go beyond arbitrary arrest. “To fight corruption in this country, we need to work on our institutions. Instead of building strong men, we need to build strong institutions. It is not just arbitrary arrest and media propaganda.” He said the perceived conflict between the executive and the legislature was normal, adding that whenever the two institutions are having a marriage of convenience, it would amount to satanic manifestations against the masses of the country. “The constitution has so designed the three arms of government to be so dependent

on each other. The legislature for example is supposed to check the activities of the executives and the MDAs, and once you have somebody whose responsibility is to evaluate you, you don’t expect a romance. On his recall process from the Senate by his constituents, Senator Melaye said the exercise would fail because his people love him, adding that fake signatures were collected. Meanwhile, the Independent National Electoral Commission (INEC) yesterday commenced the process of recalling Melaye by pasting the Notice of Verification. The Notice of Verification was pasted within and

outside INEC local government council office in Lokoja for electorate to see what the next line of actions. In a notice signed by the commission Chairman, Mahmood Yakubu, on July 10, 2017, INEC said: “In accordance with section 69 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), notice is hereby given that the verification for the recall of the senator representing Kogi West senatorial district shall hold on August 19, 2017.” INEC also stated in the notice that the verification to recall the senator would be held between 8a.m. to 2p.m. in the said date.

TUESDAY, JULY 11, 2017• T H I S D AY

NEWSXTRA

Taraba Kilings: 15,000 Families Displaced, Miyetti Allah Demands Judicial Panel of Inquiry Says anti-grazing bill is an invitation to anarchy Adedayo Akinwale in Abuja The Fulani social-cultural association, Miyetti Allah Kautal Hore, has called on the federal government to set up an independent judicial panel of inquiry into what it described as the ‘gruesome murder’ against the Fulani herdsmen in the Mambila Plateau in Taraba State. The group said the killings which started some weeks ago, have led to the massacre of

over 250 women and children, as well as the displacement of over 15,000 families and destruction of over 4,000 livestock. The National Secretary of the group, Mr. Saleh Alhassan, made the call at a press briefing yesterday in Abuja where he said the organisation would not fold its arms and allow the killings to continue. According to him, “I want to condemn this organised massacre against innocent

Suleja Flood: Death Toll Increases to 13

Laleye Dipo in Minna

Death toll in Sunday’s flood that hit Suleja in Niger State has risen from 11 to 13. Among the dead are a house wife and six of her children. A good Samaritan who tried to rescue some children also reportedly died in the flood. It was gathered that four other persons had been declared missing by their families. Several electric poles and at least seven houses were destroyed as a result of the flood following five hours of rainfall. THISDAY learnt that four

victims were now lying unconscious at the Suleja General Hospital, though medical experts said there was a 50:50 chance that they would survive. The state Emergency Management Agency (NSEMA) yesterday began search for those the flood could have swept away but as at press time, no new corpse was recovered. The Director General of NSEMA, Ibrahim Inga, said the search team of the agency would move to Tafa Local Government Area where the flood also caused massive disaster on Sunday.

Fulani pastoralists in the Mambila plateau, which was orchestrated by the political leaders in the state because they are behind this gruesome murder of over 250 women and children, destruction of over 4,000 livestock, and displacement of over 15,000 families, most of them are now refugees in Cameroon. “We want to state that as an organisation, we will not fold our arms to allow politicians to continue to organise this kind of massacre against our people. We have already intimated human rights bodies both locally and internationally via our petitions on the unprovoked massacre of our people,” he added. Alhassan explained that the group would take appropriate

legal means to demand justice and to ensure that the perpetrators are brought to book. The national secretary stated: “We want an independent judicial commission of inquiry from the federal level because the Taraba State Government is guilty and they cannot be a judge in their own case. We want a panel of enquiry to investigate the cause of this crisis and then punish them adequately because we don’t want a situation where tomorrow, this crisis will degenerate, and then people will be wondering why do we have crisis in that Mambila plateau.” While the group appreciated the efforts of the security agencies, especially the Nigerian Army and the

police, it emphasised that the terrain of the area would make it difficult for a detachment of military or police to restore law and order. Baring his mind on the antigrazing bills being proposed by some state governments, Alhassan described them as an invitation to anarchy. “You cannot legislate against an economic interest when you have not put an alternative in place. The whole of the cattle we consume in this country is a product of open grazing, and everyday we consume thousands upon thousands. Ranching is an elitist form of cattle rearing, even our elite that have looted government money, how many of them own ranches?, he queried. He said those clamouring for ranching are either

illiterate about the whole thing or they are being deliberately mischievous and want to trigger crisis. “That anti-grazing bill is a recipe for crisis. If you say you are going to legislate against the economic interest of the Fulani pastoralists in this country; then, invariably you are setting an action that will lead to the collapse of this Nigeria state. I’m telling you with all emphasis because you can’t wake up and tell us we should put our cattle in a ranch, where is the ranch, when we have grazing reserves that have been taking over. It is not an option. Anybody throwing ranching to us will know that he is just inviting anarchy,” Alhassan stated.

EFCC to Arraign Industrial Court Judge, Fishim Tomorrow for Alleged Corruption Akinwale Akintunde The Economic and Financial Crimes Commission (EFCC) will tomorrow arraign Justice James Agbadu Fishim of the National Industrial Court (NIC) before an Ikeja High Court over allegation of corruption. Justice Fishim, who was to be arraigned on a 19-count charge yesterday, according to EFCC, refused to show up at the EFCC office despite writing to invite him. EFCC prosecutor, Mr. Rotimi Oyedepo, told the court that Justice Fishim was expected to report in their office today. “The EFCC wrote a letter to the President of the NIC, asking Justice Fishim to honour the invitation which he has failed to.

He is presently not in our custody. We are expecting him to now come tomorrow (Tuesday)),” Oyedepo said. Following his refusal to show up in court, Justice Raliat Adebiyi fixed July 12, 2017 for the arraignment. Justice Fiahim was named as one of the judges allegedly bribed by Senior Advocates of Nigeria in order to pervert the course of justice. Other judges named in the corrupt allegation are Justice Mohammed Yinusa, Justice H. A. Ngajiwa and Justice Musa Kurya, all of the Federal High Court, Lagos. Justice Fishim is one of the judges recently recalled from suspension by the National Judicial Council (NJC).

Odogwu of Okpanam, Dunkwu Loses Wife The wife of the Odogwu of Okpanam in Delta State, Mrs. Cecilia Dunkwu, is dead. She died after a brief illness on May 9 at the age of 83. According to a statement issued by the husband of the deceased, Chief P.A Dunkwu, she will be buried on July 14, after a

funeral mass at St Michael’s Catholic Church, Okpanam, Delta State. The statement also noted that the vigil mass would be held onMay 13 in the same church. She is survived by her husband, children, grandchildren, siblings and relatives.

GRAND RECEPTION FOR A COLLEAGUE

R-L: Akwa Ibom State Governor, Mr. Udom Emmanuel; Ekiti State Governor and Chairman PDP Governors’ Forum, Ayodele Fayose; Abia State Governor, Okezie Ikpeazu; and Imo State Governor, Rochas Okorocha, during the grand reception for Emmanuel by Ibibio Nation in Asan Ibibio, Uyo....yesterday

South-south Governors Appoint Dickson as Forum Chairman Governors of the South-south geopolitical zone on Sunday in Enugu unanimously appointed Governor Henry Seriake Dickson of Bayelsa State as Chairman of the South-south Governors’ Forum. The appointment of Dickson came after a meeting the Southsouth governors had with their South-east counterpart in the coal city state. Dickson thanked his colleagues for the confidence reposed in him and called for the support and robust partnership of the governors, leaders and people of the zone to reposition the South-south, a region with enormous resources, vast potential and challenges! He fixed the forum’s inaugural meeting in Port Harcourt on August 28, 2017. At the combined meeting, the South-south and South-east

governors, they resolved to pursue inter-regional cooperation and integration for the economic benefit of the two regions and unity of Nigeria. The resolution, which was reached at the Nike Lake Resort in Enugu, the Enugu State capital, had Governor Nyesom Wike of Rivers State, Governor of Cross River State, Prof. Ben Ayade, his Abia State counterpart, Dr. Okezie Ikpeazu, Chief Rochas Okorocha of Imo State, while the Anambra State Governor was represented by his deputy, Dr. Nkem Okeke. Others are Governor Udom Emmanuel of Akwa-Ibom State and the host governor, Hon. Ifeanyi Ugwanyi of Enugu State, all in attendance. Delivering a four-point communiqué to journalists shortly after the meeting, Emmanuel noted that the

governors agreed to work together and realign to strengthen the socio-cultural relationships existing between people of the two regions. According to him, the inaugural meeting also unanimously endorsed him as the interim Chairman of the South-south and Southeast Governors’ Forum, which comprises 11 states. He said the forum reviewed the state of the nation, particularly the issues affecting the two regions and also fixed its next meeting for August 27, 2017 in Port Harcourt, the Rivers State capital. Earlier in his opening remarks, the host governor, Ugwuanyi, noted that building a stronger inter-regional socio-economic and political bloc would provide the benefits of economies of scale and better economies of scale

and attract both local and foreign investments to the two regions. Ugwuanyi, who canvassed the support of his South-south colleagues in the ongoing efforts to create a South-east Development Commission, maintained that effective interregional cooperation would enable the leaders command greater political capital to influence the decisions of the federal government for the betterment of their people. He urged the forum to speak with one voice and appealed to the federal government to review its borrowing plans from the China EXIM Bank for a railway development, with a view to including the Eastern railway corridor, which runs across the South-South, South-east, North-central and terminates in the North-east.

T H I S D AY • TUESDAY, JULY 11, 2017

TUESDAYSPORTS

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

Wolves Replace Ikeme with Once-capped England Goalkeeper Duro Ikhazuagbe Barely four days after Super Eagles first choice goalkeeper, Carl Ikeme, was diagnosed of acute Leukeamia, his English Championship club, Wolverhampton Wanderer has replaced the ailing player. Wolves yesterday sealed a two-year contract with Norwich goalkeeper John Ruddy, 30, as possible replacement for Ikeme. Ruddy has just one cap for England and is a strong contender for the number one jersey for Wolves next season However, a statement on Wolves website made it clear they have been pursuing Ruddy “throughout the summer” even before Ikeme’s leukeamia ailment was diagnosed in a preseason check up. “This is a bittersweet feeling for me - it is good to be here but the circumstances could have been better,” Ruddy announced on his arrival in Wolves yesterday. “Having played against Carl over a number of years, I know what a good goalkeeper he is so it would have been fantastic for the club to have had us competing and bringing out the best in each other. “Now it is a situation where football takes a back seat for Carl and everyone’s thoughts are with him,” the new Wolves keeper stressed with a tinge of sadness. Ikeme who has started the chemotherapy treatment for

the cancer of the blood took to twitter at the weekend to thank legions of his fans around the world for their show of love in his present situation. “Thank you all for your kindness and love. The start of a new chapter and ready to give it my all! Thank you” Ikeme tweeted. With over 200 caps for Wolves, Ikeme has spent the greater part of his professional career at the club. But while the English club has made a replacement for ikeme, Nigeria with a double header World Cup 2018 qualifier against Cameroon in barely 60 days from now is yet to make any move to strengthen that vital area of the senior national team. As at yesterday, a Nigeria Football Federation (NFF) source hinted THISDAY that though Eagles Technical Adviser, Gernot Rohr, is in deep shock over Ikeme’s leukeamia, no goalkeeper has been penciled as possible replacement for the gangling Wolves safe hands. “The Technical Adviser (Gernot Rohr) is in shock over the news of Ikeme’s ailment. He has not taken any decision yet on which player to replace the Nigerian number one goalkeeper yet. We are waiting to hear from him,” observed the NFF source to THISDAY yesterday evening. Ikeme became Nigeria’s number one man between the sticks following Vincent Enyeama’s unceremonious departure from the Super Eagles mid 2015.

WIMBLEDON 2017

Querrey Sets up Q’final Clash with Murray American Sam Querrey defeated South African Kevin Anderson in five sets to set up a Wimbledon quarter-final against world number one Andy Murray on Wednesday. Querrey, 28th in the world, defeated unseeded Anderson 5-7 7-6 (7-5) 6-3 6-7 (11-13) 6-3 in a match that lasted three hours seven minutes on court 18. In 2016, Querrey beat Novak Djokovic at Wimbledon before losing to Milos Raonic in the quarter-finals. Briton Murray has won seven of eight matches he has played against Querrey. The 30-year-old Scot, who won Wimbledon in 2013 and 2016, moved into the quarter-finals for the 10th consecutive year with a 7-6 (7-1) 6-4 6-4 win over France’s Benoit Paire. Also yesterday, former champion, Roger Federer had few problems in overcoming a sloppy Grigor Dimitrov 6-4 6-2 6-4 to secure his place in the last eight of Wimbledon. The Swiss, chasing a record eighth title at the All England Club, had not dropped a set en route to the fourth-round meeting on Centre Court, but he can hardly have had an easier encounter than this one-sided affair.

Federer held a 5-0 record over Dimitrov before this clash - the pair’s first on grass - and the Bulgarian may be in no great hurry to face the world number five again after this dismal showing. The 13th seed made 25 unforced errors and committed seven double faults as Federer was barely required to break sweat in wrapping up victory in just over an hour and a half. In the women’s singles, top seed Angelique Kerber will lose her world number one ranking after being beaten by Spain’s Garbine Muguruza in the fourth round at Wimbledon. Muguruza, the 14th seed and a runner-up at SW19 in 2015, won an enthralling match 4-6 6-4 6-4 in two hours and 20 minutes on court two. The German, a finalist in 2016, had needed to reach Saturday’s final to have a chance of retaining her ranking. Muguruza, 23, will play Svetlana Kuznetsova of Russia in the last eight. Five-time Wimbledon singles champion Venus Williams also moved into the quarter-finals of the 2017 tournament with a routine win over Croatia’s Ana Konjuh.

Venus Williams cruising on despite Serena’s absence

Yusuf Lists Ezenwa, Odey, 28 others for CHAN Super Eagles’ Chief Coach, Salisu Yusuf, has invited goalkeeper Ikechukwu Ezenwa and 29 other players to camp for next month’s 2018 African Nations Championship (CHAN) qualifying fixture against the winner between Togo and Benin Republic. Togo and Benin Republic will conclude their qualifying fixture this month. Nigeria Professional Football League leading scorer Stephen Odey, Akwa United’s nimblefooted midfielder Alhassan Ibrahim, Elisha Golbe of League leaders Plateau United and Chiamaka Madu of champions

THE FULL LIST

Enugu Rangers are also called. Kano Pillars’ experienced midfielder Rabiu Ali, Mathias Samuel of El-Kanemi Warriors, Nasarawa United’s Thomas Zenke and Sunday Adetunji of Abia Warriors will also report in camp. Nigeria, 2014 bronze medallists, will lock horns with the winner of a preliminary fixture between the West African neighbours, with the first leg taking place on the weekend of 11th – 13th August in either Cotonou or Lome, and the return leg in Nigeria on Saturday, 19th August.

GOALKEEPERS: Ikechukwu Ezenwa (FC IfeanyiUbah); Theophilus Afelokhai (Enyimba FC), Okiemute Odah (Lobi Stars), Dele Ajiboye (Plateau United) DEFENDERS: Jamiu Alimi (Kano Pillars); Orji Kalu (Rangers International); Stephen Eze (FC IfeanyiUbah); Ariwachukwu Emmanuel (Akwa United); Elisha Golbe (Plateau United); Chima Akas (Enyimba FC); Nasiru Sani (Katsina United), Osas Okoro (Rangers International), Chinedu Ajanah (ABS FC) MIDFIELDERS: Hafiz Aremu

(Akwa United); Emeka Atuloma (Rivers United); Raphael Ayagwa (Lobi Stars); Ifeanyi Ifeanyi (Akwa United); Rabiu Ali (Kano Pillars), Samuel Mathias (El-Kanemi Warriors), Alhassan Ibrahim (Akwa United), Chiamaka Madu (Rangers International) FORWARDS: Mfon Udoh (Enyimba FC); Prince Aggreh (FC IfeanyiUbah); Sikiru Olatubosun (MFM FC), Thomas Zenke (Nasarawa United); Austin Oladapo (Gombe United), Stephen Odey (MFM FC); Kingsley Eduwo (Lobi Stars), Sunday Adetunji (Abia Warriors), Ifeanyi George (Rangers International)

ZENITH WOMEN B’BALL LEAGUE

Dolphins Win, Sunshine Angels Lose The National Women Basketball League sponsored by Zenith Bank continued yesterday at the Lekan Salami Stadium in Ibadan with interesting and tight results recorded. One of the tournament’s favourites, Dolphins, defeated Delta Force 95-72. It was the second defeat Delta Force will suffer so far in Ibadan. The team lost by just two points against Sunshine

Angels on Saturday. The result puts the Delta team in a tight position to make it to the Grand Finale billed to take place in Lagos later in the month. Incidentally, it was the second victory in two games for the high-flying Dolphins that also defeated AHIP Queens 98-81 on Saturday. In other matches, the defending champion, First

Bank, were too much for the FCT Queens as they whipped the Abuja Ladies 94-32 to maintain their unbeaten run, just like Dolphin, although the campaign this term. Benue Princess brightened their chances of making it to the final by beating Plateau Rocks 79-78 in a keen contested encounter that kept spectators on the edge of their seat. The Princess were also

able to pip FCT Queens with just two points on Saturday. Another tight match was witnessed in the encounter between GT 2000 and Sunshine Queens of Akure. Sunshine were leading at half time with three points but eventually lost the match 50-48. The competition continues today at the same venue in Ibadan.

Wali Stable Emerges Best Team at Bauchi Polo Tournament Segun Awofadeji in Bauchi

Wali Stable Polo Club has been rated as the Overall Best Team at the recently concluded Polo Tournament in, Bauchi, Bauchi State. The team won the most coveted Tafawa Balewa trophy at the polo tournament. Speaking with newsmen

shortly after carting away the trophy, sponsor of Wali Stable Polo Club, Ibrahim Bala Hassan, expressed delight with the performance of the team at the polo fiesta. Hassan who is also the Chairman of Bauchi State House of Assembly committee on information described the game of polo as one of the tools for ensuring

peace and uniting various communities in the society. He expressed satisfaction with the increased number of participating teams in the competition and also hopes that the team will win at the national level. In his remarks, the President of Bauchi Polo Club, Colonel Ibrahim Isah Adamu, expressed delight with

the peaceful conduct of the competition and commended the state governor for the support he rendered to the club. The closing ceremony of the tournament had in attendance Governor M A Abubakar, Emir of Bauchi, Dr. Rilwanu Sulaimanu Adamu; Emirs of Ningi, Dass and other important personalities.

Tuesday July 11, 2017

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MISSILE Southern Leaders to Osinbajo “The leaders noted with concern that today no action appears to have been taken regarding the October 1, 2017 ultimatum issued by Arewa youths to the Igbos and demand that as a matter of urgency, the Acting president addresses Nigerians to inform all about what steps have been taken to ensure that the Igbos and southerners generally will be protected against the threat of attacks by the Arewa youths.” Southern Leaders seeking federal government action to rein in activities of Arewa Youth.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Chi Onwurah MP: ‘British, not Nigerian’

hi Onwurah, the Member of Parliament representing Newcastle Central in the UK House of Commons and my former colleague at the State House, Molara Wood, met recently at the 2017 Caine Prize for African Writing award ceremony. When Molara informed Chi that her re-election along with six others had caused so much excitement in Nigeria and even produced official letters of congratulation from both the Federal Government and Abike Dabiri, the Senior Special Assistant to the President on Diaspora Affairs, Onwurah’s sharp retort was: “I’m British, not Nigerian”. This has generated so much debate in Nigerian social media, but most of the comments do not really go to the heart of the matter. The place to begin is to break down Chi Onwurah’s comment. She seems to be saying: “why would my re-election be of such importance to Nigerians and the Nigerian government, I am not one of you”. Or something like: “What is my business with Nigeria?” Or: “Come on, Nigeria! Yes my father is from there, but I-am-British!”. Chi Onwurah MP probably did not get a copy of the letter of congratulations sent to her. I wouldn’t be surprised if nobody had enough presence of mind to ensure actual delivery of the letters, despite the media show-off. She may not even be aware of the excitement here over the June 8 parliamentary elections in the UK. The issue for Nigerians was not Brexit, not Theresa May’s troubled political fortunes, but the fact that seven persons of Nigerian descent are MPs in the UK, namely Chi Onwurah, (Newcastle Central), Kate Ofunne Osamor (Edmonton), Kemi Badenock (Saffron Walden), Chuka Umunna (Streatham), Bim Afolami (Hitchin and Harpenden), Fiona Onasanya (Peterborough) and Helen Grant (Maidstone and the Weald). No one among this group of seven with Nigerian ancestry is a tyro in British politics, nor is there anyone of them that is a product of the Nigerian educational and cultural system either. They are not immigrants, not been-tos, but products of the British system. One of them, Fiona is in fact aspiring to become Britain’s first black female Prime Minister. It would be interesting to know how the sextet that Molara Wood did not meet would have reacted to their being confronted with their Nigerian connection. They probably would also have responded in the same manner in typical British accent: “I’m British, not Nigerian.” The key message in the letters by the Federal Government and Abike Dabiri is that the group of “British-Nigerian seven” in the UK parliament has individually and collectively made Nigeria proud. A few weeks earlier, another Nigerian in the UK, Anthony Oluwafemi Joshua had won the World Boxing Heavyweight unified Championship. Joshua, whose mother is from Sagamu, not only identified with Nigeria, his kinsmen staged an elaborate street party. They are also preparing to welcome him home anytime soon. But Chi, Bim, Kate, Kemi, Chuka, Fiona, and Helen are not identifying directly with us. The Nigerian government and people have not done anything wrong getting excited over their achievement, though. The famous seven

Onwurah are entitled to Nigerian citizenship by virtue of the relevant provisions in the Nigerian Constitution. Should they go to the Nigerian High Commission in the UK today and ask for a Nigerian passport, they are perfectly entitled to it. The relevant portions of the 1999 Constitution state expressly that one is a citizen of Nigeria provided such a person was born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria -Section 25 (1)(a); every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria – Section 25(1)(b) and every person born outside Nigeria either of whose parents is a citizen of Nigeria – Section 25 (1)(c). Sections 26 and 27 thereof deal with citizenship by registration and naturalization respectively. However, citizenship is about privileges, rights and obligations and the relationship between a person and the state. It is the basis for patriotism or the opposite, in other words it is tied to the politics of belonging and the ethics of being established. How does a person feel about a country, to be so emotionally attached to it to such an extent that he or she will be willing to defend, promote and honour that country- that is what it is all about. This attachment defines whether a person holds on to and cherishes the citizenship of a country or renounces it. In 2016, 5, 411 Americans, 26% more from 2015, renounced their citizenship of the United States, most of them for tax avoidance reasons. In May 2017, 335 foreigners, from Lebanon, Syria, Pakistan, Rwanda, Cape Verde and other African countries opted for Nigerian citizenship, most of them for business and marital reasons. But whereas Nigeria recognizes dual nationality (Section 28, 1999 Constitution), there are Nigerians in diaspora who for economic reasons have had to renounce their Nigerian citizenship, or others who due to near-absolute disconnection with the Nigerian system have never bothered to affirm their Nigerianness and are hence “lost” to Nigeria. Culturally, Africans are attached to their children wherever they may be in the world. When they do well, they want to claim them and identify with them. The other side of this is that due to economic migration, exodus

into exile, the fact of globalization, and the difficult conditions at home, many Nigerians in diaspora are almost completely alienated from home. There is also a growing generation of Nigerian children abroad who qualify to be Nigerian citizens but who will insist that they are not Nigerian because they have no sense of place or home that connects them to their original roots. Chi Onwurah is actually Chinyelu Onwurah. Chinyelu in Igbo means “abundant gift of God.” With her numerous achievements, she is truly an abundant gift from God. She was born in Newcastle, and was brought to Awka, Nigeria in 1965 as a baby. When the civil war broke out in Eastern Nigeria, her father joined the Biafran army. She and her siblings and their mother would later return to Britain as refugees in 1967. If Chinyelu had ever returned to Nigeria since then, or speaks Igbo or has any close relationship with her Nigerian relations, she doesn’t quite say. In her profile, she reports: “I was born in Wallsend, grew up on Hillsview Avenue in Kenton and went to Kenton School before studying Electrical Engineering in London. I have lived in many different cities around the world, without ever for a moment forgetting where I am from: Newcastle. My values and beliefs were formed in Newcastle based on the people I grew up with and my own experiences. “My maternal grandfather was a sheet metal worker in the shipyards of the Tyne during the depression. My mother grew up in poverty in Garth Heads on the quayside. In the fifties she married my father, a Nigerian student at Newcastle Medical School. In 1965 I was born, whilst they were living in Long Benton where my father had a dental practise. I was still a baby when my father took us to live in Awka, Nigeria. But two years later the Biafran Civil War broke out bringing famine with it and, as described vividly in an Evening Chronicle article in 1968, my mother, my brother and sister and I returned as refugees to Newcastle, whilst my father stayed on in the Biafran army. “This early experience of the impact of war on ordinary families left me with a strong sense of my own good fortune in living in a peaceful parliamentary democracy where it is possible to bring about change without taking up the gun or the sword. I am not a pacifist; I believe that our country is worth defending and fighting for.” This interesting narrative should be underlined in parts. Her strongest memory of Nigeria is the civil war. But she talks about her “good fortune” of growing up in peaceful Britain, and when she refers to “our country”, the country of reference is not Nigeria but Britain and the city of her choice is not Awka, but Newcastle, which she says she cannot forget for a moment. There are many persons of Nigerian descent of her type who do not feel a sense of attachment to Nigeria. They belong elsewhere, to a country of their own not the country of their parents. The likes of President Barack Obama and Anthony Joshua who continue to identify with their ancestral roots are in the minority. In a post-modern society, identity is not exclusively constructed by ethnicity, religion, name and naming, or sexual orientation, but by a complexus of subjective and objective factors.

People identify with a place or home, or culture when there is a sense of shared space, or shared values or experience. This sense of closeness/identification limits that sense of “otherness” or alienation, and forms the core of a person’s self-definition. Hence Chinyelu Onwurah tells us: “My values and beliefs were formed in Newcastle based on the people I grew up with and my own experiences.” Unfortunately, over the years, Nigeria has developed a culture, through negligence, ignorance and poor governance, a culture of neglecting its people, and treating them shabbily. Countries that build their peoples into a community across borders, at home and be they in diaspora are countries driven by people-oriented values. I can bet that until the British-Nigerian Seven in the UK Parliament became newsmakers, the Nigerian High Commission in the UK most likely never had any contact with them. Nobody there may even have their phone numbers. And if the fault is not that of our High Commission, let us return to the point about identity politics then. How many successful Nigerians in diaspora would even readily identify with other Nigerians or with Nigeria? With many Nigerians involved in crime or one scam or the other and grabbing negative headlines, you cannot really complain too much about the Uncle Tomism of many of the successful ones in diaspora and their complete distanciation from all things Nigerian. There is also that other crowd that feels cheated by Nigeria whose attitude is far worse than that of the culturally and socially alienated. There have been reports for example, of persons, especially athletes, who have renounced their Nigerian citizenship and have become winners of medals for other countries. In Bahrain alone, we have quite a number of Nigerian athletes who have since turned their backs on Nigeria. They include Endurance Essien Udoh (now Iman Isa Jassim), Lolade Sodiya (now Basira Sharifa Nasir), Abbas Abubakar, Femi Ogunade, Kemi Adekoya and Aminat Yusuf Jamal. One other athlete, Gloria Anozie (Sydney Olympics medallist) was so angry with Nigeria, she is now a citizen of Spain. I hope no one will make the mistake of insisting that Nigeria would like to honour the seven British-Nigerians in the UK parliament. They may not be too excited; for them their Nigerian identity is perhaps at best, an ascribed identity. They are happy to belong, like Chinyelu Onwurah, to a “peaceful parliamentary democracy” where there are no kidnappers like Evans who break the law and resort to blackmail, dancing, singing and jollofing Senators who are interested in power struggle rather than making laws for good governance, a government that enjoys breaking the law and the legs of the opposition, and a country that is determinedly adrift, politically and economically. The British deserve their Chinyelu just as she deserves the Britain of her choice. But if she ever remembers her Nigerianness and would like to return home someday, I have no doubt that Nigeria will welcome her with open arms.

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